1 100 439 https://digital.lib.buffalo.edu/files/original/5ff814a563e4b1e6ad93f25abe430159.pdf d39ea940a8167789611afa089b082ca1 PDF Text Text The Opinion THE OPINION UB Law School 101 O’Brian Hall Buffalo, NY 14260 http://law.buffalo.edu/orgs/opinion Vol. 47, Issue 2 The Student Newspaper of the University at Buffalo Law School Bar Day Reflections: Law School Love November 2009 The Surprisingly Strong Case for Common Sense By: PAUL FUSCO-GESSICK UB LAW 2011 By KATHLEEN KOTASKA Guest Contributor It‘s 9:00 a.m. on Tuesday, July 28, 2009. The bar exam has begun, but I sit typing in my hotel room, as anxious as I was the first day of law school. I am not taking the bar, nor did I attend law school; I simply date someone who recently graduated and is in the midst of the biggest exam of his life. It‘s hard to explain the role of the girlfriend in the scenario above, but I have lived it for the past three years. Now, on the first day of the bar, I feel a wide variety of emotions as we‘ve reached the day we‘ve known about for quite some time. I use the term ―we‖ because I‘ve accompanied him, supported him, and lived amongst him in the journey otherwise known as law school. I survived Torts. I conquered Civ Pro. I graduated in May, not with my J.D., but rather my G.D.-‖Girlfriend Degree.‖ My official girlfriend degree was issued as I watched the love of my life walk across the dais to accept his diploma. Someone once told me that in order to obtain heavenly status in your relationship, you have to go through hell. I‘ll supplement the latter with law school and call it a day! Three years ago my boyfriend embarked upon his dream of a law degree. Three years ago we embarked upon our greatest test as a couple. I can summarize the experience of dating a law student throughout law school with 2 questions and 1 answer. First year, question 1: is this worth it? In my boyfriend‘s first year of law school we dated long distance. I remember the first day of school, my phone rang and his voice rattled with excitement. Flashforward six hours later and the phone rang again; however, this time there was slight tension as he reviewed his homework. Looking back, this phone call was a mere allusion of what was to come and what we were to overcome. The first year was a rollercoaster. I felt ignored, he felt overwhelmed, and there were plenty of arguments and misLaw School Love · Page 4 infra Penny for Your Thoughts 2 Opinions 3 Guest Contributors 4 The World 6 Who, What, Where 8 My name's Paul, and I'm a cynic. Can you blame me? One need only skim through the headlines to see that in the past few years, we've become embroiled in a number of unprecedented problems on many levels: federal, state, local, you name it. There's the bailout, two concurrent wars, the healthcare fiasco, a banana-republic coup in the State Senate, undergrads in the library, global warming, infotainment, Leonard Stokes, and UB's parking situation ... and those are just off the top of my head. My Gods, how did we let ourselves get here? Moreover, how can we possibly solve all those problems, not to mention the ones I didn't list? I'll tell you, friends, I think the answer's surprisingly simple. It's nothing more than common sense. Common sense isn't exactly an abundant commodity in our Business, though. Honestly, it's not that abundant elsewhere either. We're inclined to think that because a solution or strategy is simple, it's too good to be true, or it doesn't account for unintended consequences. I'll admit that that might be true in some cases, but that's not a reason to dismiss common-sense solutions outright. Take parking, for example. Common sense would suggest that maybe Buffalo should sell parking passes, like every other university I've ever heard of, rather than giving them away. Not only would this generate significant income (always a plus in this economy), it would also encourage people to use public transportation, something the University itself has said it supports. But we can't do that Law School Musical: Estopped By JARED VEGA UB LAW 2011 … that would make sense! It's a much better idea to Common sense would give them the keys to the suggest that if a sitting Treasury so that they can State Senator assaults his reward the very people girlfriend with a broken who ran their business wine glass, denies it deinto the ground. spite a 911 call implicatCommon sense would ing him, and then particisuggest that, even in a pates in a shady, unethical capitalist system, there are back-room deal to hand some things that are still control of the Senate to better left under the austhe opposition, thus compices of government. pletely stalling the chamLike national defense. ber for the better part of a Like the police and fire month, then he should be departments. And yes, immediately and uncerelike health care. Did you moniously thrown out of know that many American office. doctors spend a great deal But we can't do that of time filling out, filing, … that would make sense! and then justifying why Let's make him the Major- they filled out paperwork, ity Leader instead! and that excess adminisCommon sense would trative expenses account suggest that if a publiclyfor almost a quarter of traded company's business health care costs in this model is fundamentally country, as much as $150 flawed, and as a result, the billion a year, an amount company makes some illthat could easily fund advised investments and Medicare for everyone? is in danger of going Common sense would bankrupt, then that comsuggest that we adopt pany should do so. I'm such a system, just like sorry, but these things every other developed happen sometimes. That's country in the world. capitalism. But we can't do that But we can't do that … that would make sense! Common Sense · Page 5 Yes, Virginia, there is a Santa Claus, according to the NYS Supreme Court By BRITTANY MAZUR UB LAW 2010 We all come to law school for different reasons- some of us have known their whole lives that they wanted to be lawyers, while others realized they weren‘t getting into medical school and took the LSAT last minute and somehow got into law school. I happen to be of the latter. My point here is that law students are as diverse as they come, and when a diverse group of people come together, a funny thing happens- they get placed into a U, a B, or an L section and go through what many researchers call ―the law school experience.‖ As a second-year law student with some hindsight I can now look back at what I am sure the first year students think is the worst time of their life and find humor in that experience, and that‘s where the idea for the law school musical was born. Law school is a stressful experience where you need to try out for many of the ―prestigious‖ clubs, where you will try out for your dream job, and where you will try out in front of the Bar Exam Board Examiners to see if you can ―make it‖ as a lawyer. So I thought, ―Let‘s start the try-outs in an open, ‗light hearted‘ atmosphere, de-stress and have some fun with this experience that many people have referred to as ‗the hangover from an enjoyable drunken evening (AKA Undergrad).‘‖ The law school musical, which was graciously acLaw School Musical · Page 8 1 Note: Spoilers ahead… fessor and still live to see their next class, as James Hart did in The Paper Chase? Maybe, but you can bet there would still be consequences. Nevertheless, these films and shows, without question, create entertaining stories. Isn‘t that the whole point anyway? Entertainment? Of course, but when the story really connects with you on some level, the entertainment value almost becomes second nature. In other words, you‘re no longer watching a movie or TV show for entertainment, but rather for its meaning and its message. Maybe that‘s why many of us can‘t help but complain that something would not happen in real-life. Maybe that‘s why we get frustrated when we see a lousy argument on an episode of Law and Order, or watch a film where the procedure is How many times have we all watched a movie or television show and uttered the phrase, ―Yeah, like that would EVER happen in reallife?‖ If you‘re me, then the answer is, ―Probably one too many.‖ Although movies and TV shows are a great source of inspiration, escape, and entertainment value, there are some shows that simply leave us pondering how the story would play out if it happened in ―real-life.‖ And, it is especially common for law students and lawyers to watch a legal drama (or comedy) and wonder if the case would have the same result in today‘s courtroom. Could a lawyer really get away with wearing an all pink suit to court, as Elle Woods did in Legally Blonde? No way. Would a law student be able to swear at their law pro- Law and the Media · Page 5 �The Opinion law.buffalo.edu/orgs/opinion November 2009 Penny For Your Thoughts DETAINED, part 2 I Love You, Laptop! By HASSAN SHIBLY UB Law 2011 When we entered the secondary inspection room I was completely shocked. Having immigrated to America from a country that does not respect the same rights and freedoms which makes the US a beacon of hope, I could not imagine such a scene could happen here. As an undergrad, I was clearly naïve at the time. I looked around the room and I saw forty people, each and every one of them American Muslim Citizens. There was only enough seating for a few of the eldest. There was a pregnant woman, elderly couples, and mothers with crying babies, all looking tired, cold, and confused. To my surprise, I saw some of my close friends who had left Toronto hours before me standing there. It looked like CBP was the local mosque. To be honest it was a scary feeling—finding yourself trapped in a room by government officials, seeing people you know who had clearly been there for hours, without being given a reason, and not knowing how long you would remain there, with other people who were also trapped because we were all part of the same minority. I felt like I was back home in the ‗third world‘ where nondemocratic governments routinely round up members of a minority like cattle with no explanation. Honestly, the thought crossed my mind, ―next stop, Gitmo?‖ I approached one of the officers and inquired why we were stopped for ‗random inspection‘ when all I saw in the room were forty American Muslim Citizens. They would not give me any explanation, By BIANCA D’ANGELO UB Law 2010 insisting that it was just ‗random.‘ I asked them to at least treat us with dignity and not lie to our face— there was nothing random about the situation. I then tried to find out long we would be held there. I explained to an officer that I saw some of my friends who I knew had been there for hours, and he replied, ―Well, maybe we will keep you here for twice as long.‖ When we had approached the border I expected to be welcomed back home; instead, I was treated like a guilty criminal—the situation was extremely shocking. I requested that we should at least be given adequate seating, telephone access, permission to photograph the situation, or at least an explanation of why we were there and how long we would be there, all of which were denied. Finally, after several hours of apprehension, and learning that my friends were being interrogated by special Immigration and Customs Enforcement officials in a separate room, two agents came to me. They took me to a separate room away from my mother and crying baby sister, whose hands were hurting from the cold. In the room, they made me face the wall, and forcefully kicked my legs open. It reminded me of an episode of ―Cops.‖ After frisking me, they asked me questions about the conference and took me to another area, where without explanation; they forcefully fingerprinted my hands and took my picture. Then, again I was taken to the main waiting room not knowing what was go- Detained · Page 7 The Registration Fiasco of Spring 2009 By ELIZABETH HERSH UB LAW 2011 Class registration for the upcoming spring semester was one of my most stressful mornings in law school. Waking up at 6:15 in the morning on a Friday was bad enough, but the difficulties that followed were much worse. As you are all aware, normal registration begins online at 7:00 am, but it used to be a little known secret that you could call BIRD and register by phone around 6:30 am. However, this year the law school shared this information with everyone. As a result, many law students, myself included, had a terrible time trying to register for classes on BIRD at an earlier time. I started calling BIRD around 6:28 in the morning to be confronted by numerous busy signals. Eventually, my calls were answered by a recording of a lady informing me that all circuits are busy. And just to mix it up, my service carrier Verizon decided to participate in registration as well telling me that my calls could not be completed as dialed. Once I did finally get through to BIRD, I would go through all the prompts, but every time I dialed ―1‖ to register for Spring 2010, the recording told me there was an error, and I would get disconnected. By 6:50 am, I was annoyed, and still classless. After running through all possible reasons why my housemates were able to register through BIRD and I could not, including the idea that maybe BIRD discriminates against California area codes, I enlisted help. Two of my wonderful classmates started calling BIRD on my be Registration Fiasco · Page 7 2 When I went to put together a schedule for Spring 2010, I did what most students do; I asked my friends about which courses might be worth a go on this my final semester at UB Law (knock-on-wood). Most of the responses I received were typical, but one was overwhelming: avoid classes where laptops are banned. I‘ll admit my own personal bias here: I love my laptop. I know that I benefit from typing notes and being able to look up a word/theory/case when a professor flies over my head. But I am also guilty of browsing the internet during a lull in class, and using it to check my e-mail ad nauseam. On the flipside, I can understand why a professor would not want laptops in classroom; they are distracting and they might make a professor feel like he/she is competing with an unbeatable rival. And let me be clear: they are unless they are able to engage students, which is not a one-way effort. But the fact that students will avoid taking classes where laptops are banned is interesting. I think we all can sympathize here: sometimes a class can be so inert that we need a laptop to stay awake, or alternately, a class can be so intense that we need it to organize our thoughts as quickly as possible. I wonder, can a professor tell which category his/her class falls into while we type away? Call me old-fashioned, but I still think that you get what you put into a class, and that goes for professors, too. A professor has the responsibility to engage us, to put in the work to teach us, and to make a class worthwhile. We pay for those services. But, as students, we have the responsibility to meet our professors halfway at the very least. In a nutshell, professors who are able to engage students do not need to worry about students abusing laptop privileges. And, if only to put professors‘ minds at ease, when it comes to our educations, most of us rethink the time we spend on the internet during class. Why? We want to learn! Many of us have a mortgage out on our brains, so we feel obligated to not only learn, but also learn enough to justify this experience called law school. Anyways, I decided to take a class where laptops are banned. Why? The professor has a great reputation, as does the class. I can handle leaving my laptop at home for a few hours a week, and I can respect that the professor has asked for the ban because I am confident the class won‘t require a laptop to keep me awake. _____________________ Contact: bdangelo@buffalo.edu �The Opinion law.buffalo.edu/orgs/opinion November 2009 Opinions and Commentary President Barack Obama and his Nobel Peace Prize Can Obama Meet the Nobel Expectations? By HARVEY D. PALMER Associate Professor of Political Science Those Norwegians… John R. Ford UB Law 2010 So, President Obama was awarded the Nobel Peace Prize by some guys in Norway. Thanks, you know...I guess? What I want to know is why the Peace Prize is given out by Norwegians while the rest of the (read: real) prizes are done by the Swedes. That was a non sequitur. Anyway, if I were President Obama I would probably be muttering under my breath something along the lines of: "Thanks for giving the domestic press another shiny object to distract them from the substantive policy I am desperately trying to throw in front of them. Oh, and also thanks for giving me an award that highlights all the work I have left to do while at the same time making me look inexperienced in comparison to the likes of WoodNorwegians · Page 8 The Opinion Martin Luther King Jr., Nelson Mandela, Mother Teresa, Bishop Tutu, Dalai Lama, Suu Kyi, and Barack Obama, who in this list does not belong? Obviously, President Obama was not awarded the Nobel Peace Prize for a lifetime of service and sacrifice in promoting international peace and human rights. And to his credit, he acknowledged this stating, "I do not view it as a recognition of my own accomplishments.‖ This is also not the first time the Peace Prize has been awarded based on expectations about the positive consequences of a prominent event. Two past examples are Henry Kissinger in 1973 for his role in negotiating a cease-fire in the Vietnam War, and Yasser Arafat, Yitzhak Rabin and Shimon Peres in 1994 for the Oslo Peace Accords between Palestinians and Israel. The future reality did not meet the positive expectations in those two cases, but at least the recipients accomplished something concrete in furthering peace. What of significance has Obama accomplished? His reputation is based largely on what he is not – a continuation of the George W. Bush presidency – than on what he has done. In our highly connected world, Obama is an international symbol of hope for a better future, and his receipt of the Peace Prize reflects the weight of those expectations. Those expectations have framed Hope November 2009 Volume XLVII Issue # 2 Co-Editors in Chief: Daniel Aiello, 2010 Kristen Ng, 2011 Contributing Writers: Bianca D‘Angelo, 2010 Brittany Mazur , 2010 John R. Ford, 2010 Robert Sparks, 2010 Sean Eccles, 2010 Elizabeth Hersh, 2011 Hassan Shibley, 2011 Jonathan Pollard, 2011 Jared Vega, 2011 Kyle Pozza, 2011 Paul Fusco-Gessick, 2011 Robert Vanwey, 2012 Gary Muldoon, 1976 Harvey Palmer, PhD Katherine Kotaska, Guest The Opinion, 101 John Lord O‘Brian Hall, Buffalo, NY 14260, is published by law students for law students. The Opinion is the non-profit official student newspaper of the University at Buffalo Law School, State University of New York. Any reproduction of materials herein is not allowed without the express consent of the Editor-in-Chief and the piece writer. The Opinion welcomes your comments. Address your letters or guest columns to the Opinion at BuffaloOpinion@gmail.com. All letters and guest columns must be signed. Include your full name, year, and email. Please limit letters to 300 words. Please limit guest columns to between 600 and 800 words. Submission of a letter or guest column constitutes an exclusive, worldwide, transferable license to The Opinion of the copyright in the material in any media. The Opinion retains the right to edit submissions for content and length. The Opinion does not endorse any of the viewpoints and opinions stated within its pages. Articles and pictures are for the express use of The Opinion and The Opinion claims no copyright privileges to the articles, work and photographs used in the following pages. what could emerge as the most difficult policy decision of Obama‘s presidency – whether to increase the US military presence in Afghanistan. There is no ―best‖ option since Obama must choose between expanding the scope of the US military intervention and jeopardizing the nascent democratic regime by divesting the US of responsibility for protecting the Afghan population. Looking at past presidents, Democrats have been more willing to use force for regime building (Clinton) while Republicans have favored limited intervention to achieve specific strategic goals (Reagan). If Obama follows this pattern, he could become a war-mongering Peace Prize winner. On the other hand, scaling back US involvement would redefine the historical difference between the parties in their perspective on military intervention, ironically contrasting with Bush‘s use of force to stabilize the democratic government in Iraq. Whatever he decides, Obama will disappoint many of his proponents as the realities and practicalities of foreign policy decisionmaking collide with the optimism and hope of international expectations. ______________________ Contact: hpalmer@buffalo.edu By ROBERT SPARKS UB LAW 2010 "For his extraordinary efforts to strengthen international diplomacy and cooperation between peoples" On March 20, 2003, Operation Iraqi Freedom officially began. I was on the USS Constellation, an aircraft carrier in the Persian Gulf. I remember wondering to myself why my country had not followed through on its promises to the International community and had decided to go to war, mostly on its own. As President, Barack Obama has had to deal with the aftermath of this decision; however, prior to being president, he posed opposition to this unilateral decision from its inception. This is important because this ―war‖ tarnished the image of the country I love. Barack Obama‘s rise to the presidency was unlike any other in our Nation‘s history. Like it or not, he is a symbol. He captured the attention of the entire planet, and in my opinion, his story is a story of progress and a story of overcoming obstacles in the face of adversity. His story is one of hope- hope in humanity, and renewed hope for peace. I love America, but I love the idea that America can be an example to those who do not live within its borders. With Barack Obama, it is possible that we can shed this newly formed veil of oppressor. This ―change‖ came from his ideals and his dream. By reversing the course of our nation in International Relations, he did more for peace than anyone else on the planet, and this award is more than well deserved, and as Americans we should all be proud of our President. __________________________ Contact: rpsparks@buffalo.edu All Eyes on the Prize By Jonathan Pollard UB Law 2011 There was a huge uproar over President Obama's receipt of the Nobel Peace Prize when the committee in Oslo determined the most deserving recipient. "What has he done?", people inquired. And admittedly, even those whose sole goal isn't to destroy the President, his policies, and his legacy, asked this question. As President Obama himself said however, oftentimes in history, the Prize has been awarded prospectively and to spur change. I'm certain President Obama understands the import of the receipt of this award and he's made it known to all that he'll take it as a call to action. What that means remains to be seen. My hope, however, is that President Obama's wartime policies begin to reflect the mandate that Oslo has given him. He has recently decided to deploy more troops to Afghanistan in the so-called "War on Terror". Blood continues to be spilled senselessly as a result of 3 American imperialist policies. The theater of war notwithstanding though, I believe President Obama is trying his best to wind down the Iraq and Afghan wars. Already, in 10 short months in office, he has ushered in a new approach to international relations - one that's geared toward communicating with other countries as equals and not as non-sovereign inferiors. I believe this new era of rapprochement will ultimately result in less international strife and eventually nuclear disarmament. Whether or not you agree with the committee's awarding of the prize to President Obama, I believe we can all, as Americans, get behind the goal of the prize, which is to foment peace. And who better to foment peace than the most powerful man in the world. ___________________ Contact: pollard3@buffalo.edu �The Opinion law.buffalo.edu/orgs/opinion November 2009 GUEST COLUMNS Resume the Resume By GARY MULDOON UB Law Class of ‘76 dreds of satisfied customers‖ makes me want to go vegan. One way or another, my office gets a lot of résumés, most of which seem to get shoved my way, along with much of the junk mail. It‘s sad that I lump these together: junk mail deserves better. But like wanton boys with flies, as King Lear observed, I pick apart the life summary that‘s been sent my way. Proofreaders are a twisted lot, and I could have gone far in that field. Alas, instead I passed the bar exam. A résumé needs to show that the applicant isn‘t just an empty suit. But to get in the door, what is needed just as much goes under the rubric of ―presentation skills.‖ (Note to self: stop using ―rubric.‖ It‘s trendy to use in education, not in law, at least not yet.) Presentation skills: a résumé filled with typographical errors is like showing up for a first date with spinach in your teeth. Cover letters Recently an envelope arrived with both my address and the return address handwritten, and with no cover letter. That kind of first impression was like seeing someone at a cocktail party with a name tag that said, ―Hello! My Name Is Loser!‖ As for cover letters, I can‘t say much, having never really seen a good one in an employment situation. The best ones seem to be a nuisance, albeit necessary, while the worst are affirmatively annoying. Particularly irksome are those that inform how the sender is the perfect candidate for my law office, when it is apparent that the writer knows nothing about the firm. Receiving one of these overthe-top missives is akin to getting a love letter addressed to ―Current Resident.‖ Type-o’s In reviewing these documents, a good portion of my focus is nitpicking. Human Resources people, who have as little to do in life as I do (as me do?), take pleasure in finding minor errors. They cackle over someone who writes ―Juris Doctorate,‖ the ever-so-slight pretentious expansion of the degree that the candidate hopes to someday receive. I am as abstemious with adjectives and adverbs as Will Strunk – at least I like to think so – but some résumé writers feel the need to include every joyful modifier imaginable. With these, my own impression is that the applicant, with experience in the retail sector only, needs to embellish the credentials. Example: ―Cheerfully serving hotdogs to hun- Types of résumés As I understand it, there are three basic types of résumés: chronological, functional and combination. Here are a few suggestions, with the caveat that I am no professional in these matters: 1. Proofread, proofread, proofread: get someone with the social skills of a bean counter to tell you where the document needs tweaking. 2. Pay attention to font. Why is it that the whole world seems to use Times New Roman as the default font? You need a good serif typeface for the bulk of the information, but there‘s more out there than TNR. Remember, everything doesn‘t have to be in the same font. While you don‘t want a riot of fonts, a little variety may be needed: a sans serif (such as Arial) for the headings provides contrast with the content that follows. When it comes to emphasis, our character and most importantly, our confidence in one another. Law school humbled us. We‘ve been able to see beyond ourselves, while recognizing the importance and responsibility to dream individually and collectively. He received his degree, but I feel law school educated me as well, and so therefore in a most joyful voice, I say ―Congratulations!‖ Bar day is here. My boyfriend emerged from his cave after hibernating for the past two months, both anxious and eager to take the exam. While the results are not released until November, today marks a celebration for us. We made it. I love you. Now off to conquer the legal market in this economy… Update: It‘s November. As we wait for the results it seems law school has taught us one more valuable lesson: patience. __________________________ Contact: kkotaska@gmail.com document is, there‘s a problem. 6. Be consistent within the document. Whatever style you employ, do so throughout. If the dates are ―September, 2007 - Nov 2009", both months should be spelled out or both abbreviated. And no comma between month and year. 7. Know the difference between a hyphen, an em-dash and an en-dash. Be consistent with which of these you insert between the beginning and ending dates of employment. 8. Have more than one résumé. First, to experiment with what works and what doesn‘t. Second, because you may be applying to different employers with different hiring interests (litigation / transactional, civil / criminal, public / private). Depending on the particular employer, you may want to stress other accomplishments. 9. Be honest, be accurate. Even if you have more than one résumé, the information should be consistent as between the two documents. And don‘t inflate your credentials. You‘re both accurate as well as on the edge if you include something like, ―Graduated in the fifth quintile of law school class.‖ 10. Omit ―references available upon request‖ at the end. I don‘t know why, just don‘t. Provide these at the interview, or in a followup. Finally One last thought: an attorney is by definition an advocate, and a résumé is a piece of advocacy. If you can‘t advocate for yourself, you won‘t come across as one who can do so for others. __________________ Contact: gmuldoon@muldoongetz.com Opinion Interview Professor Barbara Sherk Law School Love · from Front Page understandings, followed by incredible resolutions and affirmations. We emerged victorious, with a few scars, but determined to push forward. Second year, question 2: will this passion remain? I fell in love, again, in his second year. We were closer, geographically and emotionally, and I was mesmerized by his passion for school and success. As his passion intensified, his ability to show emotion increased, and I couldn‘t help but hope this passion would remain forever. The passion was partnered with honesty, as we delved into discussions that for the first time, ever, made us feel grown up. Third year, answer: we‘re going to make it. It encroached upon us, the reality that school would end and he‘d enter the professional world, and we would be stronger and wiser after our experience. Surviving and sustaining a relationship throughout law school revealed think in terms of garlic: a bit of zing, nothing more. To make something stand out, a larger point size, bold or italics are my preferences. Never capitalize whole words or sentences: that shouts a bit, and is actually more difficult to read. And you needn‘t triple up what you want to emphasize: don‘t bold and center and italicize and use larger font for the same information. Don‘t underline – that is so typewriter-y. 3. Keep the résumé on your computer. Update it regularly. Even if you have nothing new to add, it‘s worthwhile looking at it frequently. 4. A lot of employment applications are done via email, at least initially. But what you sent isn‘t necessarily what the recipient got. Many résumés contain tabbed information, which sometimes goes too far over on a line and winds up on the next line. When emailed and then printed out by the prospective employer, a two-page résumé may spill over onto three pages. Test your draft several times, emailing it to friends. 5. There is an accepted writing style to résumés, just as telegrams (remember those?) have a certain style. It‘s rather clipped, and it is expected that the first person singular as well as articles (a, the) will be omitted. It may also be appropriate to omit periods, with information not conveyed in actual sentences. A résumé is essentially a specialized type of outline. The flow should be almost intuitive: alignment, emphasis, tabbing / indentation, spacing. In describing accomplishments, a voi d La t inat e con str ucti on s (―provided assistance in the preparation and completion of custody petitions‖). Instead, ―helped prepare and complete‖. Also, don‘t write ―Résumé‖ at the top. If it isn‘t obvious what the By DAN AIELLO Co-editor-in-chief DA: Professor Sherk, I understand you and Kevin Lane, Esq., from the Law Offices of Sliwa and Lane, teach a course entitled Ethical Issues in Insurance Related Practice. Can you tell us what the course is about? BS: The Ethics in the Insurance Related Practice course presented students with a solid exposure to ethics, along with an overview of the law of New York State in the areas of motor vehicle tort, construction site accidents, and discovery-related issues. These legal principles were presented through the skills aspect of the course. It was during the practical portion of each class that students had to synthesize the relevant law to participate as well as they did. We were fortunate to have regular and enthusiastic participation in student learning by the practicing bench and bar. I hope the students find that they learned a lot about practice as a newly admitted attorney and the ethical rules that relate to that practice. DA: So, are you a proponent for more practice-based courses at UB Law? BS: There is no doubt that practice-based courses help students synthesize substantive law with the skills necessary for analysis and practice in a legal environment. This could be a skills-based offering within a designed curriculum in a specific practice area, or a general skills course such as writing or research. My view is that the student is stronger if the core subjects are mastered. The skills-based course could be premised upon the core subjects, and perhaps present a way to highlight the substantive law of New York State in that subject area, for example. DA: Do you feel that students should take as many practice-based courses as they can in law school, especially in this economy? BS: That is difficult to answer since students have different professional goals after graduation. For employment purposes, employers are looking for proficiency and quality in a graduate's work. The learning curve today is steeper and shorter as the employers face budgetary constraints. This certainly puts pressure Barbara Sherk · Page 5 4 �The Opinion Common Sense· from Front Page … that's socialism! (Never mind that saving money and promoting efficiency has always been a conservative touchstone, and in fact, was a big part of Ronald Reagan's platform.) It seems that somewhere along the way, both the Federal and New York State governments collectively forgot why they exist in the first place. Government stopped being about what makes sense for everyone and started being about petty, partisan battles fought for the personal benefit of the lawmakers and their friends. Our so-called ―representatives‖ seem to have forgotten why they have a job at all. Allow me to refresh their memories: it's us, you self-serving jackasses. Government exists to serve the people, not to merely perpetuate its own existence and enrich those who are already high on the hog. Government, at least in the United States, exists for the reasons that are laid out in the Preamble to the Constitution. Everybody concentrates on Article III, the Fourth Amendment, Article I, Section 8, Clause 1, &c., but nobody Barbara Sherk· from Page 4 law.buffalo.edu/orgs/opinion bothers to read the Preamble. My friends, read the damn Preamble. It's the core of the American Experiment. It is, and right well ought to be, the foremost guiding principle of American jurisprudence: ―We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defense, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America.‖ You'll note that the Preamble refers to the common defense and the general welfare. It makes no mention of CEOs. Nowhere does it include lobbyists. In no way does it suggest that the welfare of the rich and powerful should ever, ever be placed above that of the People. Quite to the contrary; the Preamble, above all, demands that government exercise common sense. When it does not do so, whether deliberately or accidentally due to sheer, unmitigated laziness, then it is the People's November 2009 responsibility to demand that it start to do so again. But we can't do that … ―American Idol‖ is on! And I get the feeling that that's exactly the way the Powers That Be want it. If the general public can't be bothered to get rid of the selfish blowhards currently occupying the Legislature, the Congress, the Governor's Mansion, and many Manhattan boardrooms, then the responsibility falls to us, the lawyers, to clean up the mess they've made. It's on us to restore common sense to government and business. As future attorneys, we will all be taking an oath to support and defend the Constitution of the United States. The whole thing, not just bits and pieces. That includes the Preamble. And this is not some touchy-feely recommendation, it is an ethical obligation. I, for one, never break my word when I give it, so I'm going to take that oath rather seriously. I'm sure you'll understand, then, that when I see attorneys get elected to office and do the exact opposite of what they've sworn to do, I get a little angry. If any of you have seen the movie ―Network‖, you already know how I'm going to close this piece. If you haven't, put it in your Netflix queue; it's just as relevant today as it was in 1976 when it came out. Ladies and gentlemen, I'll leave you with the immortal words of Howard Beale: ―I want you to get mad! I don't want you to protest. I don't want you to riot - I don't want you to write to your congressman because I wouldn't know what to tell you to write. I don't know what to do about the depression and the inflation and the [terrorists] and the crime in the street. All I know is that first you've got to get mad. You've got to say, 'I'm a human being, Goddamnit! My life has value!' So I want you to get up now. I want all of you to get up out of your chairs. I want you to get up right now and go to the window. Open it, and stick your head out, and yell, 'I'M MAD AS HELL, AND I'M NOT GOING TO TAKE IT ANYMORE!'‖ Thanks for reading. And God bless America. ___________________ Contact: ptf2@buffalo.edu on a new associate. Practice-based courses should help a new associate make a better transition to practice. Even if a graduate is not going into law practice, an employer hires a candidate with a JD because there is an expectation of a candidate's mastery of critical thinking and analytical skills to meet the work requirements. Practice-based courses contribute to developing those skills. DA: I understand that you are teaching a BAR preparation course next term. Without giving away too much, can you give a quick over-view of the course? BS: This course exposes students to further develop preparation techniques and skills in legal analysis and writing to assist them in various legal writing methods, including state bar examinations. The skills are appropriate for any jurisdiction's bar examination, not just New York. There is a lot of interactive in-class work. This year, we are offering 2 sections, so that every graduating student has an opportunity to enroll. DA: If there was one piece of advice that you wish you had before you took the bar, what was it? BS: I planned and executed my time and commitment appropriately and took a commercial bar prep course. I did not work during bar prep. I was, however, surprised at the level of intensity, time and commitment necessary for bar preparation. It was exhausting. Virtually everyone says afterward that the condensed prep period was more rigorous, stressful and demanding than they expected. _________________________ Contact: dwaiello@buffalo.edu Law and the Media Law and the Media · from Front Page not followed correctly (See The Exorcism of Emily Rose). We instantly develop a connection whenever the law is part of a storyline for the simplest reason…we care about the law. Yet, the question still remains…would some of these films still have the same result if the case happened in ―real-life?‖ With the holidays upon us, let‘s take the classic film Miracle on 34th Street. If you haven‘t seen it, get out under that rock you‘ve been living under and go see it (the original, not the remake or The Simpsons episode). The basic premise is that Susan Walker, played by a young Natalie Wood, was raised by her mother not to believe in Santa Claus or in any fantasies whatsoever. Bah-humbug. A man named Kris Kringle, who claims to be Santa Claus, is soon hired by Macy‘s to be their department store Santa, and the magic and spirit of Christmas begins to spread. However, when Kris is declared mentally insane and dangerous, a hearing is held (yet, it‘s treated like a trial). A young attorney named Fred Gailey then has the difficult task of trying to prove not only that there is a Santa Claus, but that Kris Kringle IS Santa Claus. At first, it seems like a no-brainer…the court should rule that there is no Santa Claus because it‘s the truth, even if we ―can‘t handle the truth.‖ However, the arguments ruling for a Santa Claus almost become convincing when one considers the consequences of ruling the other way. In the film, Charles Halloran, who will help Judge Henry Harper in his re-election, sarcastically explains the ramifications of ruling that there is no Santa Claus. All right, you go back and tell them that the New York State Supreme Court rules there's no Santa Claus. It's all over the papers. The kids read it and they don't hang up their stockings. Now what happens to all the toys that are supposed to be in those stockings? Nobody buys them. The toy manufacturers are going to like that. So they have to lay off a lot of their employees, union employees. Now you got the CIO and the AFL against you, and they're going to adore you for it. And they're going to say it with votes. Oh, and the department stores are going to love you too. Also, don‘t forget our friends the Christmas card makers and their colleagues at the candy companies. Oh. Henry, you're going to be an awful popular fella. And what about the Salvation Army? Why, they have a jolly bell- ringing Santa Claus on every corner, and they take in a fortune. But you go ahead Henry. You do it your way. You go on back in there and tell them that you rule there is no Santy Claus. But if you do, remember this: ―you can count on getting just two votes, your own and that district attorney's out there.‖ After the District Attorney concedes the existence of Santa Claus based on personal opinion, he asks Mr. Gailey to submit authoritative proof that Kris Kringle is the one and only Santa Claus, and the judge agrees. The next day in court, Mr. Gailey makes the argument that Kris Kringle is Santa Claus because the post office, an official agency of the U.S. government, delivered mail addressed simply to Santa Claus to Kris, and it is a criminal offense for the post office to willfully misdirect mail or intentionally deliver it to the wrong party. Therefore, the post office, a branch of the federal government, recognizes Kris Kringle to be the one and only Santa Claus. After thousands of letters are dumped onto the judge‘s desk, Judge Harper rules that since the U.S. Government recognizes Kris to be Santa Claus, the court will not dispute it, and the case is dismissed. So, would an attorney be able to argue that there is a Santa Claus in today‘s courtroom? It‘s 5 hard to say. Just out of curiosity, I ran a search on Westlaw. There have been state cases where someone wishes to legally change their name to Santa Claus, and the courts have ruled both ways. For example, in In Re Name Change of Handley, 107 Ohio Misc.2d 24 (2000), a man‘s petition to change his name to ―Santa Robert Claus‖ was denied because it would violate public policy. The Probate Court of Franklin County, Ohio held that since Santa Claus is an ―icon of our culture [and] exists in the minds of millions of children, as well as adults,‖ it would be misleading to the community, especially to children, for the petitioner to change his name. On the other hand, in In Re Porter, 31 P.3d 519 (Utah 2002), the Supreme Court of Utah held that a man had the right to change his name to ―Santa Claus.‖ Specifically, since the petitioner complied with the requirements under Utah‘s statute in changing names, and there was no likelihood of confusion, misunderstanding, or substantial mischief to deny the petition, the court granted petitioner‘s request. However, not surprisingly, none have asked the age old question of whether there is a Santa Claus. But, as Miracle on 34th Street emphasizes, the real question isn‘t so much whether there actually is a Santa Claus, but whether one believes there is a Santa Claus. So, next time you watch a movie or TV show and get upset that something would not happen in real-life, just remember…if you believe…anything is possible. FYI, if you‘re still curious as to how well films depict legal disputes, check out the book Reel Justice: The Courtroom Goes to the Movies, which analyzes such films, like My Cousin Vinny, A Few Good Men, and Kramer vs. Kramer. _______________________ Contact: bmmazur@buffalo.edu �The Opinion law.buffalo.edu/orgs/opinion November 2009 The World Today Should Terrorists Enjoy the Bill of Rights? By KYLE POZZA UB LAW 2011 _______________ Turn to CNN or any other news station. As informed citizens, and especially as New Yorkers, anyone not living under a rock is now aware that ―Khalid Sheikh Mohammed, admitted mastermind of the September 11, 2001, attacks, and four other suspects‖ will have their day in a New York courtroom, instead of a military tribunal. My simple, basic question to you, is do they deserve it? Is it an appropriate forum? As with any other issue, it seems to have taken a partisan view, for the sake of being partisan. Democrats: we have a jury system the world envies, so we should give them their day in court so we can pat ourselves on the back. Republicans: this is just an opportunity to let terrorists criticize the Bush Administration. If our judicial system is the ―envy of the world‖ that shows our ―might and moral certainty,‖ then how do you explain organizations like the Innocence Project? Whoops. And Republicans, Bush had eight years… not everything is still about him. Nonetheless, some pragmatic concerns have been expressed, such as the millions of dollars that will be spent in safety precautions for this trial. Nonetheless, these are pointless partisan politics and moot points, because the Constitution guarantees due process and speedy trial (no matter the cost). As Attorney General Holder said, his job is to ―look at the law, apply the facts to the law and ultimately do what I think is in the best interests of this country and our system of justice.‖ And that, my friends, is the point. We would be remiss as faithful, dutiful law students, if we did not look at this scenario from a legal perspective. The Big Debate: Healthcare By SEAN ECCLES UB LAW 2010 It is estimated that almost fifty million Americans are without health insurance. Let‘s put this in another way: eighty-four percent of Americans have health insurance. Of those covered, nearly three-fourths are covered by employer based health insurance programs: i.e. over 60% of the population. The American health care ―system‖ or ―industry‖ may have its share of problems, but is has not failed. This, of course, is no consolation to an uninsured American, and nor should it be. As ―promote[rs] of the general welfare‖ It is incumbent on the federal government, in conjunction with the several states, to ameliorate this problem as effectively, efficiently, and expeditiously as it can. However, I fervently believe that a national health care bill is not the means to accomplish this goal. I suppose this makes me an ―opponent of reform‖. Every state in the Union has a Medicaid program, which is funded by large federal grants. Additionally, nearly every state has its own initiatives to fill in the gaps of the federally funded program. Over the past decade these state-run initiatives have been increasingly successful in providing health insurance to low and immigrant families in need of said services. New York and Massachusetts are two prime examples. All that really needs to be done is to expand these programs, which already exist, so as to catch those who currently fall through the cracks, or perhaps more accurately – the gaping hole. However, these programs are already in place and the providers are available; all that is required is more funding, and public awareness. For example, every child permanently residing in New York State, including illegal immigrants, is eligible for free or low cost health insurance. The programs are available for any child who does not get health insurance through a parent or guardian‘s employer. If the employer offers health insurance, the parent must take that over the public subsidized plan – which does not sound unreasonable. Why should Joe Taxpayer have the extra tax burden placed on him, when it is more properly carried by, for example, M&T Bank? A family of 4 can have income of nearly $48,000, before they need to pay a dime. The premiums go up to $9 per child over that, and to $15 per child at around $55,000. These monthly premiums increase on a sliding scale to $60 per child up to about $85,000. After that the family pays a full premium of anywhere form $100-$200, depending on the plan selected. For these children there are no additional copays for any services. Moreover, the premium only applies to the first three children. If a family has more than three the remaining children are free. But best of all, the coverage is as good as or better than employer sponsored health insurance programs. Similar programs exist in New York for adults. They are certainly more restrictive and favor families over single adults and childless couples. I understand the rationale behind that children first – but it is time to expand the program to ensure everyone who cannot procure health insurance otherwise, can be provided with free or subsidized health care. The only rea- To this end, my point is simple and succinct. The Constitution guarantees us the right to a speedy trial, and to due process. But whom is the Constitution meant to govern? The citizens of the United States of America. Khalid Sheikh Mohammed is not a U.S. citizen. So why should someone who is not a U.S. citizen be allowed to enjoy the same rights as citizens? Aside – insult to injury is that the taxpayers have to pay for it. As a jurisdictional matter, I realize (hypothetically) that if an illegal immigrant (from, say, South America) committed a murder here, he/she could be tried in our criminal courts. However, Khalid Sheikh Mohammed is, admittedly, a terrorist, and we are still at war. If having a trial in New York were the only way to prosecute Mohammed, I would agree with the decision. It would be the only way to ensure justice. But if the Attorney General were really concerned about ―justice‖ and the ―best interest of the country,‖ wouldn‘t justice be equally served in a military tribunal? Aren‘t those men and women equally capable of administering a just verdict? And isn‘t the best interest of the country served by not requiring taxpayers to foot the extra millions of dollars it will take in safety measure to fly Mohammed and his accomplices to New York (for essentially the same trial)? I, personally, am at a loss as to why a terrorist, in a time of war, who is not a U.S. citizen, will get a civilian trial at a great expense to the U.S. citizens. I welcome opposing opinions to validate the alternative side. However, from a legal analysis, I do not see how this civilian trial can be seen as necessary or in the best interest of our country and justice. _________________________ Contact: kepozza@buffalo.edu If you are a UB Law alum, we would love to hear from you! Contact us at buffaloopinion@gmail.com When is the Death Penalty Justified? By KRISTEN NG Co-editor-in-chief There are many advocates of the death penalty, and there are many who are against the death penalty. The one instance I would like to focus on is the case of John Allen Muhammed, more popularly known as the DC sniper. Muhammed was put to death by execution on November 12, 2009, by means of lethal injection. If you do not remember the DC sniper, let me refresh your memory. Muhammed, along with his teenage accomplice, went on a rampage, in 2002, across Washington D.C. sniping and killing people at random. Their kills totaled 10 people. However, the effect of Muhammed was not only the deaths, but the terror that residents of D.C. felt. No one felt safe anymore. None of the victims were related to each other, and in this way, no one knew who was next. For all anybody knew, they could be the next person sniped. There are theories to why Muhammed did what he did- one was that he was opposed to military actions, and the second was that he had wanted to eventually kill his ex-wife and gain custody of the children. The question I present to you today is whether the death penalty is justified. The Constitution does not address the death penalty, and the Supreme Court has ruled that it is justified if proportional and after the defendant has been given a fair trial. However, this topic, much like the topics on abortion and gay rights, is highly controversial and has a moral component to it. This situation deals with the fundamental right to life. When one person destroys one or more lives, does that one person need to give up his life? On the one hand, opponents of the death penalty say that it is cruel, and that it actually costs more to put a person to death than to sentence him with a term of life in prison. On the other hand, supporters of the death penalty think that the death penalty is just punishment. Which view is right? Should a person be allowed to live when they have caused so much suffering? The death penalty is supported because the family members of those that have been killed by the defendant want to see justice done. Can anyone really blame the families and friends of the victims? What if Osama bin Laden were walking down the streets of New York City, and arrested? Would a man that masterminded the 9/11 attacks be put to death without any opposition? Amidst the controversy of Khalid Sheikh Mohammed, even President Obama has acknowledged the death penalty as being a just punishment by saying that those who are offended by Mohammed getting a civilian trial instead of a military tribunal will not find it ―offensive at all when [Mohammed‘s] convicted and when the death penalty is applied to him.‖ CNN News. It is definitely something to think about. ______________________ Contact: kng5@buffalo.edu The Big Debate · Page 7 6 �The Opinion law.buffalo.edu/orgs/opinion Detained· from Page 2 ing to happen to me. After more waiting we finally received some ‗good news.‘ We were told that after my whole family submitted to fingerprinting and giving our photograph we would be released. We were told this after many hours of apprehension. My mother refused to submit to fingerprinting and photographing without an explanation (such procedures were not part of CBP policy for US citizens at the time). Finally, as she cried, the officer forcefully fingerprinted her. Having immigrated to the US to escape a country that permits arbitrary detention, interrogation, and searches, the process was especially difficult for my mother. By the time they released me, my mother, and my three younger siblings, it was near 6 a.m. Most of that time was spent in apprehension and confusion. We did not know why we were stopped, for how long we would be stopped, nor what would happen to us afterwards. In the later hours we were there, I spoke to some CBP agents who opened up. I told them, ―While you are wasting your time with little kids, pregnant women, and elderly couples, real criminal may be getting by. You have no reason to detain us, and this is inefficient and dangerous for American security as it takes away resources from protecting against real The Big Debate · from Page 6 threats.‖ The officer agreed but said there was nothing he could do. Sure enough, that same weekend, a man with bloody knives, axes, and a chainsaw in his trunk, which the CBP had seen, was allowed to enter the US at another border crossing. That man had murdered an entire family in Canada. While the CBP was wasting its time in racial profiling, a proven inefficient method, real criminals were getting away. What was further troubling was that we, American Citizens, were held for 4-6 hours, meanwhile several non-citizens who were not Muslim were in and out within a few minutes. It was clear we were detained for attending a religious cultural conference. CBP later claimed that the procedures we were subjected to were necessary to confirm our identity. This begs the question: why did it take a few minutes to confirm the identity of non-citizens, while it took hours for citizens? _______________________ Contact: hshibly@buffalo.edu PART 3 Coming in the Spring! Ad Space Available. Contact: buffaloopinion@buffalo.edu Registration Fiasco· from Page 2 half, and actually registered for me. By this time, 7:15 am, most of the classes I wanted were full, so I might as well have waited and registered on line! Other law students may have had similar experiences, which prompted me to do some checking. I talked to a few classmates to see if anyone had suggestions as to how the system could be improved. Most people agree that registration should begin at a set time and not a minute earlier. There should be no ―advantage‖ that allows some people to register early (the ones who actually get through to BIRD), while others cannot get through. Another suggestion is to only allow people to register online. This would eliminate the early calling debacle, and level the playing field. Third year student John Ford suggested that registration should begin online at precisely 8:00 am, with everyone starting at the same time. Third year student Daniel Aiello suggested that the registration window should stay open so students could change their schedules when they have forced adds or are wait listed. Still, as far as technical issues are concerned, there is not too much the law school can do to improve registration because we use the same registration system as the entire UB student body. Other suggestions include allowing students who have completed more units to register first, or allowing students to register based upon their academic class standing. Another idea is to provide registration prioritization, which means that each student could initially register for a maximum of three classes, and then subsequently they could register for two more at a later date. Additionally, there are a few registra- November 2009 tion issues which the law school may be able to address more immediately. Second year student Heidi Jones suggested having a registration data base so students could access all the registration information in one location. This database would include a comprehensive list of available classes and course descriptions which could be easily navigated electronically. Many students have also requested that there should be one complete list which shows how many seats are left in a class, whether the class is open or closed, the number of units a class is worth, whether the class is a bar class or not, and also whether the class is a bridge class. As of right now, this information is all available to students, but on different lists in different online locations. Heidi also suggested that Records and Registration publish the course listings through Excel rather than in PDF format so classes would be easier for students to sort on their own. Last year, a student made a suggestion at a Town Hall Meeting that either third year students and/ or representatives from Records and Registration should provide an information table in the law school lobby for a few days prior to registration so students can ask questions about what classes would be the best for them, and about the registration process in general. Not getting the classes you want or need can be frustrating and stressful. As students, we have enough to worry about regarding the actual classes. An effective and efficient registration process would mean one less thing to worry about. __________________________ Contact: ehersh@buffalo.edu Good luck on finals and have a good winter break! 7 son that the programs available for adults are more restrictive and less subsidized is because of a lack of funds. But for that shortfall, the generous programs that are available for children would be offered to adults as well. But how many New Yorkers are aware of these programs? My pre-law school career was in the public health sector so I am always keenly aware of the advertising and commercials promoting these programs. However, others who are not as intimately familiar with them might not understand what is being offered. Are the advertisements ineffective? If so, New York should work to more cogently get this message to its residents. If it is because people are too lazy or busy to go down to 95 Franklin Street and enroll in the programs, then is the ―system‖ really to blame for their lack of insurance? New York‘s system (or that of other states with similar successes) ought to be the model for the rest of the nation. All federal funds which come to the states for public health insurance programs always come with strings attached. Through its Spending Powers, the federal government requires that the states conform with regulations imposed by agencies such as the Centers for Medicare and Medicaid Services. Accordingly the federal government should raise the baseline, like it has with the minimum wage, so that families or individuals making X% percent over the federal poverty level will qualify for the state run Medicaid programs. This would also free up state funds to bolster its ancillary public health options. As previously mentioned, the infrastructure to carry out such a cognizable, and cheaper, health care reform is already in place in the several states. As such it is from the state capitols across the country that health care reform should come. _______________________ Contact: sceccles@buffalo.edu Buffalo Christmas Wishes 2009 Help make Christmas better for a child this winter. To sponsor a child this winter, go to http://www.creativedojo.com/ BiggieClaus/index.shtml and deliver a gift by December 17th. For more information, contact Brian Biggie at bbiggie@goldbergsegalla.com. �The Opinion law.buffalo.edu/orgs/opinion November 2009 Who, What, Where at UB Law Lost in Translation By ROBERT VANWEY UB LAW 2012 PhD Candidate in History _________________________________ Beginning in January of 2008, I engaged in a project translating Tibetan law codes drafted in the 17th century. The project is a continuation of a study begun by UB Law Professor Rebecca French during her tenure as a PhD candidate at Yale University. That study, titled ―The Golden Yoke,‖ which later became a widely popular book of the same name, essentially gave an overview of the Tibetan legal system and included reference to a variety of codes and procedures in the Tibetan system. Professor French had worked under the tutelage of a Tibetan official who served as a magistrate prior to the 1950s. Although she referenced the law codes upon which we now work, she never had the opportunity to wholly translate the codes into English. Our current project has brought the two of us together along with the help of Craig Preston, an adjunct at UB and a long-time translator of Tibetan philosophy. My initial role in translating the codes required more than just a command of the Tibetan language. Tibetan language has multiple scripts. The codes we are translating were written in a type of cursive script, called ume (meaning ―without a head‖). Books published in Tibetan, and the script that scholars and foreigners commonly learn today is called uchen (―with a head‖). Ume is, by appearance, quite different from uchen and requires training to decipher. I set out to verify our transcription of the original code from the cursive script to the more common one. That effort required several months to complete. At this point in our work, we are now attempting to render the Tibetan into English. There are numerous difficulties in doing so. First, Tibetan does not directly correlate with English. One cannot simply determine each word of a sentence and then put them together into sensible English. Tibetan often eschews what to English readers seem crucial verbs and subjects. Moreover, the grammar itself is quite Rumor has it... different. Third, as a law student and scholar, one is tempted to consider American legal principles when trying to figure out the meaning of a particular Tibetan passage. For example, the distinction between the terms ―should‖ and ―must‖ are imperative in American law. Yet, in the Tibetan case the distinction is not so apparent. Therefore, in many instances we cannot know if a statement is required or if it is merely a suggestion or guideline. Tibetan codes have significant substantive differences from American law. Bringing cases to court in Tibet was generally rare. Even in criminal cases, Tibetans often preferred to mediate outside of the system, often with the assistance of lamas (commoners were, however, required to report the most serious of crimes). Such mediation took into consideration the seriousness of the offense, the desires of both parties for reconciliation, and the restoration of the harmony of the community. Judges (not juries) presided over criminal cases that did make it to court. Defendants often suffered more in those proceedings for lying (about the crime) than they did for the commission of the crime itself. Unlike the American system, the punishing of individual crimes (generally) was not determined by specific categorical requirements. Punishments were decided by the unique nature of each case and included factors such as the status of the criminal and victim, nature of the crime, and the overall circumstances. Decision-makers enjoyed a wide-range of discretion. Professor French, Mr. Preston, and I continue to work diligently to finish this phase of our project. Translating is a many-tiered process that requires continuously revisiting previous sections. We have been in contact with many of the world‘s leading scholars of Tibetan language in an effort to ensure the accuracy of our product and to provoke continued interest in this very exciting area of study. Our hope is to present to the UB community a detailed description of our work and its implications soon. _________________________ Contact: rlvanwey@buffalo.edu Law School Musical · from Front Page stage management, house cepted as a fundraising management, backstage event by the incredible and design opportunities, executive board of the administrative opportuniBuffalo Public Interest ties, and of course, acting Law Program, is being and singing. produced by BPILP and Hey who knows, you the ABA Committee of might find that you can the Student Bar Associause your J.D. in the theation and will be a mix of tre industry! sketch comedy and modAll those who are ern ―American Rock Muinterested in backstage, sical‖ written by none technology, design, choreother than you, the law ography, house managestudents, and will be held ment, or administrative on the day of fun and tom- opportunities should confoolery- April Fool‘s Day, tact Jared Vega, director April 1, 2010. We will be at jsvega@buffalo.edu or hitting all of your favorite Zach Primeau, 1L Cotopics, including underDirector at zmprigraduates in the library, mea@buffalo.edu. some of your 1L classes, For those of you inand even how to avoid a terested in acting or singprocess server! We are ing, auditions will take looking for any and all place during the bridge law students from 1L to term and during the first LLM to help us with week of spring semester every aspect of the show. (for those of you not here Opportunities will include during bridge). Auditions writing, choreography, are just to place you in the best role for the show (everyone that auditions and wants a part will get some part in the show!) Finally for those of you interested in helping to write the show we will be writing the show on December 2, 2009 from 5pm until the show is complete. For any and all questions, comments, and suggestions please refer to the Law School Musical Complaint Department (AKA the director) at jsvega@buffalo.edu. Whether you participate in any way or not we look forward to seeing you at the show Thursday April 1, 2010 at 8pm! _________________ Contact: jsvega@buffalo.edu 8 Anonymous Here is a hypothetical situation that is wholly based on my fertile imagination, and not a rumor that is swirling around the law school: A student based his travel plans for winter break according to the syllabi he was given for his courses. Intending to fly out over break, he bought his tickets early. Late into the semester, a professor changed his course syllabus. That‘s fair enough, but now the student found himself in a pickle since the plans were not flexible and he would miss one singular class or forfeit the travel plans. So he came clean to the professor, and explained the situation. The professor‘s response? Force dropping the student out of the class and e-mailing all the student‘s professors recommending they do the same, citing a lack of priorities amongst other indiscretions. So what is the student left to do? This professor, hypothetically being a rather embedded figure at our school, cannot be challenged for all intents and purposes. Why? Our school lacks a defined structure for student appeals of gross misconduct by professors, believe it or not. And since we are not under the GSA, we are sort of left to our devices when we get into a sticky situation as such. What should this poor, fictitious student do? Some would say, shut his mouth; most of us would just skip the class, citing the flu or a horrific hair day. But this student came clean, which I think is mature and honest as opposed to, say, pretending your grandfather died (another complete figment of my imagination and not based on an actual scenario from R&W my 1L year). Others would say, fight the man! Go to the Dean! Plead to the Provost! Meet with the President! But fighting the man sometimes lands you in a situation where you could, of course hypothetically, be removed from enrollment if you do not comply. Maybe this student can walk away from the situation unscathed, imaging his old professor in high heels dancing about a closet choc full of cardigans. And maybe he‘ll just graduate and move on. But, since this is my own fiction, I‘d like to think that the mechanisms by which this student could appeal the wrong that he suffered could be changed so that he may have a fair say in matter, and the professor could be brought to justice to amend his wrongs. And though this was not something that happened during October 2009 at UB Law, I‘d like to think that in reality, our internal appeals system for students is worth a serious revitalization. After all, in a law school of all ironies, I hope that imagining the possibility of proper rules and mechanisms to achieve justice for students does not remain a fiction. row Wilson or Martin Luther King… genius really." Poor President Obama. He couldn't in all honesty refuse the thing without it becoming more of an incident than it already was. But then, by a miracle of causation and twenty-four hour cable news, President Obama being awarded the Nobel Peace Prize somehow ends up reflecting badly upon him (an opinion not shared by this author, I must point out). Do I think that the President deserves this award? I don‘t think it really matters. While it may be true that the Prize has been given out a few times before to ―encourage change,‖ I‘m not on board with this policy. I know the Norwegians don‘t consult me on their decision making process, but maybe they should. If they did, I would tell them that awards are generally supposed to recognize accomplishment. That the award itself, by recognizing significant accomplishment, and being known as such, can become a brand of sorts in that the award can be given to people who are perhaps less well recognized at having accomplished something of merit, but receive recognition and legitimacy for what they have done as a result of receiving the award, and perhaps make the issue or program they worked on more widely known. By giving awards to people in order to encourage them, one throws the proverbial dice. This is because there is the distinct possibility that the change one is trying to encourage will not actually occur, in which case your award now means less. Don‘t get me wrong, I‘m rooting for President Obama. I think he will bring about the desired (by some) changes. However, I think that the Norwegians might have better utilized their resources elsewhere, and gotten a larger return. I don‘t think President Obama needs either extra legitimacy (if the Presidency doesn‘t make one legitimate I don‘t know what does), or extra encouragement (he seems like a self-starter to me!). _______________________________ Contact: john.robert.ford@gmail.com Norwegians · from Page 3 � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Opinion, 2009-11 Date Issued Date of formal issuance (e.g., publication) of the resource. 11/1/2009 Bibliographic Citation A bibliographic reference for the resource. Recommended practice is to include sufficient bibliographic detail to identify the resource as unambiguously as possible. 47 2 Publisher An entity responsible for making the resource available UB Law School State University of New York at Buffalo Law School Language A language of the resource eng Type The nature or genre of the resource Newspapers Text Is Part Of A related resource in which the described resource is physically or logically included. LIB-LAW003 Rights Information about rights held in and over the resource <a href="https://rightsstatements.org/page/CNE/1.0/">COPYRIGHT NOT EVALUATED</a>. The copyright and related rights status of this Item has not been evaluated. Please refer to the organization that has made the Item available for more information. You are free to use this Item in any way that is permitted by the copyright and related rights legislation that applies to your use. This digital collection is made available for research and educational purposes. Researchers are responsible for determining copyright status, and securing permissions for use and publication of any material. Copyright for items in this collection may be held by the creators, their heirs, or assigns. Researchers are required to obtain written permission from copyright holders and the University Archives prior to reproducing or publishing materials, including images and quotations. For inquiries about reproduction requests and permissions, please contact the <a href="http://library.buffalo.edu/archives/">University Archives</a>. If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/eb92b2f13e2993fb073631db9aeac971.pdf 88e039a7620c95b92e0673021f5cadff PDF Text Text The Opinion THE OPINION UB Law School 101 O’Brian Hall Buffalo, NY 14260 http://law.buffalo.edu/orgs/opinion Vol. 46, Issue 6 e Sch e of th u s s I l Fina The Student Newspaper of the University at Buffalo Law School ar ool Ye April 2009 Let’s taLk minorities! Why Rational Legal Analysis Is Not Activist: Iowa and Same-Sex Marriage By Danielle M. Restaino Mike Huckabee, former Governor of Arkansas and Republican presidential candidate, said the other day that he was disappointed in a decision made by the Iowa Supreme Court. What decision could a court in Iowa have made to warrant Mr. Huckabee’s disapproval? Well, one having to do with same-sex marriage, of course. The Iowa Supreme Court struck down as unconstitutional a ban on same-sex marriage. The statute defined civil marriage as between a man and woman thus preventing same-sex couples from partaking in the same legal benefits as heterosexual couples, by precluding them from achieving the legal status of married. The court employed a very thorough equal protection analysis that analyzed same-sex couples as members of a quasi-suspect class entitling review of their claim under an intermediate scrutiny. The governmental interests that were alleged to be furthered by the ban were all determined to not be substantially furthered by excluding gay and lesbian couples from marrying in a civil union. The court went on to address the underlying religious concerns that propel such legislation to ban gay marriage. The Iowa Supreme Court very plainly stated that the Iowa Constitution “does not permit any branch of government to resolve . . . religious debates and entrusts to courts the task of ensuring that government avoids them” Varnum v. Brien, No. 07 – 1499, slip op. at 65 (Iowa Apr. 3, 2009) (Emphasis theirs). It further reminded the state of Iowa that this statute was not attempting to define marriage for a religious institution but rather “declared marriage is a civil contract, and then attempted to regulate that contract” Id. The court made clear that it was not appropriate to resolve this question based on a religious argument and went as far to say that a religious opposition has no place in an equal protection analysis. It made that very plain in its own equal protection analysis, going through each step methodically in the sixty-nine page opinion. So why then such disappointment from the former Arkansas governor, and from many others, I’m sure? Isn’t this what courts are supposed to do, analyze an issue according to the law? In this case, the Iowa Supreme Court applied its state’s constitution. The supreme law in that state, yet people and groups that aren’t even from Iowa seem to have a problem with that application. From reading this opinion this court was not activist in any way. It merely applied an equal protection analysis in the most straight forward way I’ve ever seen. I might as well have been learning the analysis step by step again in Con. Law with Professor Kannar. So it may be safe to assume that the outrage and disappointment from certain groups and individuals does not come from any raGay Rights · Page 5 The Here and Now – It’s All We Have Overhauling New York’s Approach to Domestic Violence By Jonathan Pollard Writing about personal finance and helping people with their money issues is one of my passions. But this article, I figured that I should take a different route and write about something a little closer to my heart – “being present”. I know that sounds a little “heavy” and maybe even out of place for an Opinion article. However, I believe that “being present” is one of the most important skills one can learn. Like our healthcare system, New York’s approach to domestic violence treats, but does not prevent, abuse. However, unlike sick patients who are likely to report their illnesses, victims of domestic abuse are less likely to report their injuries. Although it is difficult to calculate the amount of cases that are unreported, commonsense dictates that threats, love for their abusers, and constant abuse, often discourages victims from reporting their injuries. This brief article will discuss why New York should overhaul its approach to domestic violence and apply the same standard for both children and adult victims. Specifically, physicians should be mandated to report any reasonable suspicions of domestic violence towards adults, just as physicians and several other professionals are currently mandated to do with children. Moreover, these reports should be investigated and if deemed criminal, prosecuted by the State, even if the victim is unwilling to cooperate. Before I explain what exactly “being present means”, let me tell you a little story. In 2006, I was teaching English in Korea. It was great to be in a new place and to be meeting new people. The only thing is that I was sorely disappointed, to say the least, with the direction in which my life was going. As a result, I started listening to a lot of “self-help” audio-books. Six months after arriving in Korea, I ended up coming back to America. NY Penal Law §§ 265.25 and 26 requires health care providers to report firearm wounds, knife wounds that may result in death and burns over 5 % of the body or which may result in death. Under these statutes, healthcare providers are not mandated to report choke marks, suspicious bruises, or even knife wounds that would not ordinarily lead to death. Why wait for such drastic injuries before taking action against an abuser? In contrast, healthcare providers are mandated under Section 413 of the New York State Social Services Law to report suspected child abuse or maltreatment when they are presented with reasonable cause to suspect child abuse or maltreatment in their professional roles. While one may argue children are in need of more protection and oversight than adults, I would argue that adult victims of domestic violence are also prone to fear, intimidation, embarrassment, and as a result, further abuse. Consequently, the same reasonable cause standard should be applied for both chil- During one of my first weeks back in the States, one of my good friends recommended a book to me called Eckhart Tolle’s “Findhorn Retreat”. I purchased the audio-book and it was essentially a lecture given by the worldrenowned spiritual teacher, Eckhart Tolle, about how to exist in the only thing that actually exists – the “now”. infra UB Softball Town Hall New Law School You see, I, like most of the world, am always trying to escape to the next moment. In his book, Tolle talked about everyone is always rushing to 2 get to the next moment in order to find salvation. “If only I had this,” then I 3 could be happy. “When I get that pro4 All We Need · Page 5 Domestic Violence · Page 5 1 �The Opinion law.buffalo.edu/orgs/opinion April 2009 UB Tortfeasors Bat, Throw, Drink Beer for Charity By Emily Catalano egc3@buffalo.edu More than 100 teams from over 45 law schools across the country gathered in Charlottesville, VA this past weekend for the 26 th Annual Virginia Law Softball Invitational. The UB Law Tortfeasors proudly represented our program, returning with memories, battle wounds and hopes for a possible Buffalo invitational in the future. The North Grounds Softball League and Virginia Law School, along with numerous sponsoring organizations, welcomed law school softball teams from UB to Harvard, NYU, and all the way from Florida Coastal for some friendly competition. “The tournament was one of the best law school experiences so far,” said left-center fielder Missy Overbeck. “We got to meet people from law schools all over the country, and we were able to bond as a team also.” UVA welcomed these diverse teams to their home turf for three days of competition, in exchange for a $450 entry fee, all in the name of charity. This year, the participating law schools raised over $20,000 for local charities, exceeding last year’s earnings by thousands. For the past 10 years, the event has generated funds for Children, Youth & Family Services, a Charlottesville organization that has served the community for nearly a century and works to help children have brighter futures. Over the past year, CYFS reached nearly 3,000 children in low-income and at-risk families, working to meet their immediate needs and improve the surrounding community. UB contributed two teams to the competition this year, a 1L and a 3L team. The UB Tortfeasors are comprised of 1Ls: Missy Overbeck, Tim Hannigan, Jen Early, Aalok Karambelkar, Anant Kishore, Nicole Middleton, John Montesanti, Tom Digati , Ben Barry, Laura Flynn, Kat Burkhardt and Mike Hilburger. The team, while co-ed, competed in the men’s division against teams from UVA, Georgetown, Brooklyn, and Suffolk law schools. “As a co-ed team in the all men’s division, I thought that our team responded admirably well and gave some of the best teams at the tournament a run for their money,” said left fielder Tim Hannigan. He added that the competitive highlight of the weekend was the team’s 15-6 upset over Vermont Law. The tournament itself featured round-robin four-team pods on Friday and Saturday, followed by a single elimination bracket, culminating in the championship games on Sunday. This set-up guaranteed each team at least three games and maximized the time each team spent on the field. The UVA men’s division has taken the winning title the past five years, while the Florida Coastal co-ed division has taken top honors the past two years. Even though the Tortfeasors didn’t come home with a trophy, they certainly made an impression on opposing teams, who by the end of the weekend had no doubts what the letters U and B stood for, according to pitcher Anant Kishore. "When we weren't wowing our opponents with our athletic prowess, we were charming the pants off of them with our striking good looks and electric personalities,” joked Aalok Karambelkar, second baseman. The beautiful weather, parties and team bonding, he added, were a highlight of the weekend as well. Social events for law students to mingle and celebrate comprised the rest of the tournament. A registration party kicked off the weekend on Friday night with live music by The Learned Band. Saturday afternoon consisted of softball games taking place at fields all over UVA’s picturesque campus. A barbeque was also held Saturday evening, and three local bars hosted a 28 keg party for the teams at night. On Sunday morning and afternoon, the teams who advanced played for a chance to make it into the championship. The weekend was such a memorable experience, team members have tossed considered hosting a tournament of their own. “A tournament such as this can be a positive force in so many ways,” said Kishore, noting the charitable aspect of the event. “Since the UVA tournament occurs only once a year in the spring, we have tossed around the idea of having a similar, but much smaller, regional tournament in the fall. It would get UB Law's name out in the legal community and expose many more people to the great things Buffalo and Western New York has to offer.” Until then, the Tortfeasors are planning their return to the tournament next year as seasoned veterans with their eyes on the prize. Hannigan added, “With another year of practice under our belts, I’m confident that our team can return next year in the Co-Rec division and bring the championship trophy home to Buffalo.” For more information about the Annual Virginia Law Softball Invitational, go to: http://www.ngsl.com/ 2 �The Opinion The Opinion April 2009 law.buffalo.edu/orgs/opinion Town Hall Meetings are Somewhat Successful Volume XLVI, Issue # 6 By Elizabeth Hersh elizabethersh@gmail.com Co-Editors in Chief: Dan Aiello, 2010 Kristen Ng, 2011 Contributing Editors: Eduardo V. González y Torres, 2009 Anthony Leone , 2009 Danielle Restaino, 2009 Elizabeth Hersh, 2011 Adam Wynn, 2011 Jonathan Pollard, 2011 Taekyung Sung , 2011 Aditi Bhardwaj, 2011 Paul Fusco-Gessick, 2011 The Opinion, 101 John Lord O’Brian Hall, Buffalo, NY 14260, is published by law students for law students. The Opinion is the non-profit official student newspaper of the University at Buffalo Law School, State University of New York. Any reproduction of materials herein is not allowed without the express consent of the Editorin-Chief and the piece writer. The Opinion welcomes your comments. Address your letters or guest columns to the Opinion at BuffaloOpinion@gmail.com. All letters and guest columns must be signed. Include your full name, year, and email. Please limit letters to 300 words. Please limit guest columns to between 600 and 800 words. Submission of a letter or guest column constitutes an exclusive, worldwide, transferable license to The Opinion of the copyright in the material in any media. The Opinion retains the right to edit submissions for content and length. The Opinion does not endorse any of the viewpoints and opinions stated within its pages. April 2009 On Wednesday, April 1, the UB Law School held its second town hall meeting. For those who did not attend either of the town hall meetings, they offered an opportunity for students to ask a panel of the administration and faculty any question about the law school. Ten people from UB’s administration and faculty took the time to sit on the panel to answer questions including Dean Makau Mutua, Vice Dean of Academic Affairs James Gardner, Registrar and Director of Records and Registration BobbyJo LaDelfa, Vice Dean of Admissions and Financial Aid Lillie Wiley-Upshaw, Director of the Law Library Beth Adelman, and several other distinguished members of the administration and faculty. I believe that most students are extremely appreciative of those who took the time to sit on the panel, and those students who chose to attend the meeting should be commended. These meetings have been a fantastic opportunity for student voices to be heard, and to understand what the administration is doing to address our concerns. They have been a significant step toward improving the relationship between students and administration. This being said, student attendance should have been better. Understandably, some people have scheduling conflicts, and maybe some people are just completely satisfied with the law school as it is. But when about 35 students from a student body of around 600 choose to attend a meeting designed to address student concerns specifically, that is embarrassing. As Dean Mutua said in his opening remarks, this law school belongs to us (the students) and we are the reason the administration is there. Another issue was the demeanor of some attending. The majority of students presented their questions firmly, yet politely and there should be no reason why all students could not have maintained this professional kind of composure. Town Hall meetings are not high school civics debates, and “yelling” a question at the panel is rude and disrespectful. Just as the panel answered everyone’s questions in a calm collected way, certain students should have at least shown the same amount of self control. Attendance and demeanor issues aside, a couple concerns have come up at both meetings which seem to be of particular importance to a majority of students and I would like to address them: At both meetings, law students voiced concerns about the number of undergraduate students in the library, the lack of available computers/printers in the library, and the noise level of the library. As the administration has patiently explained at both meetings, a portion of tuition money from all UB students goes towards maintaining all the libraries. This means that the undergraduate students are paying for our library so they have a right to be there, and we are also free to use the other libraries. We can all agree that undergraduate students do have a habit of taking up computers on the second floor for frivolous activities such as facebooking, and this can be extremely frustrating. However, when they use library computers for these kinds of activities, we should have no problem asking them to move, and they usually do. Furthermore, the Koren Center on the 5th floor has a lot of computers which we can readily access. Some students complained that the 5th floor is too inconvenient of a place to go to print a document, especially when they are in a hurry. A few ideas were discussed about moving more computers to the second floor, or possibly moving computers and creating a printing stations on the third and fourth floor. Nevertheless, students should show some flexibility. There is an elevator to take you to the 5th floor, and if it is too slow, there are stairs. While circumstances arise, if you are in a hurry to print something, you probably should have planned ahead. Centralized printing keeps the other floors quieter and students can be sure that there will be an open computer in one specific area. As for the issue of noise, if someone is being so noisy that you cannot study, ask them to stop talking, or move. It is not the administration’s fault that some people are inherently chatty, or the person at the table with you decided to eat carrots, or corn nuts instead of pudding. The library is huge and there are plenty of quiet places to study. Furthermore, the aforementioned concerns do not dissuade too many people who would normally study in the library, from studying in the library all together. Everyone has different study preferences and most people who never study in the library, will probably continue to study elsewhere, and for the rest of us library hobbits, the library is the only place where we can accomplish anything, regardless of any drawbacks. We cannot forget that this is a public university where conditions will not always be ideal. Articles and pictures are for the express use of The Opinion and The Opinion claims no copyright privileges to the articles, work and photographs used herein. The second issue I would like to address is what the administration is doing to improve our school rankings. No one likes the fact that the US News and World Report for Law School rankings is weighed so heavily, but unfortunately, it is. Dean Mutua has stated that it is a goal of his to move our school up in the rankings, all the way up to the top 50 if possible, and I sincerely hope he can. These things do take time of course, but I was happy to hear at the past meeting that the potential students, for which the administration has offered admission, have a higher LSAT score and GPA than the class before. One student expressed his concern that in raising the standards for LSAT and GPA, the school may be excluding students who are extremely intelligent, and would offer a greater level of diversity to the student body, but did not score terribly well on the LSAT. The panel stated that the admissions committee will continue to maintain a “robust” admissions system where all components of a perspective student’s application will be taken into consideration and not only the standardized portions. This student’s concern, while understandable, could be applied to any student at any school, save maybe the top 10. Many of us would like to think that our academic skills are of the same caliber as those at Harvard Law (which may or may not be true) and they should have accepted me because even though my LSAT score was not the greatest, my grades were just as good, and my extracurricular activities were fantastic, as was my admissions essay. If UB Law is maintaining a diverse admissions procedure as it claims, then it is not the school’s responsibility to cater to students whose LSAT scores were just not high enough, or grades were not good enough. There are plenty of applicants with diverse backgrounds, and good standardized scores. And if a student’s school of choice is UB Law and they cannot gain initial acceptance, there is enough diversity in US law schools to successfully attain admission elsewhere, and if they do well after the first year, transfer to UB Law. The administration also made an excellent point stating that it is not their job alone to spread the good word about UB Law. Most of us probably know someone who is applying to law school, or thinking about applying in the future and it is our duty as students to encourage people to apply to UB Law. As successful students, we are the best advertisement for the school, and the positive buzz we create about the school will help increase the number of applicants and maintain the high level of quality and diversity among the student body that we enjoy. Finally, the issue came up again about the lack of communication between the administration and the students regarding deadlines, registrations, events, etc… The best way to solve this problem may be to have an on-line centralized message board with all Law School happenings. In addition, there are certain administrators who send numerous daily e-mails advising of upcoming events. Perhaps, they should consider waiting until the end of the day to send all their bulletins in one large e-mail. Still, we should keep in mind that it is mainly the students’ responsibility to “process” the communication stream. Information is sent to us via e-mail, and we delete the messages without opening them. We hardly ever check our mail boxes, we do not bother to go to the pertinent offices to see what is posted, and we do not attend Town Hall Meetings! The idea of creating a booklet explaining exactly to whom and to where students should direct their concerns is a good idea. Still, there is a fine line between helping and hand holding and the administration should not have to cross that line. 3 �The Opinion law.buffalo.edu/orgs/opinion April 2009 Stony Brook University (SUNY) School of Law By Dan Aiello What if I told you that you had an option: Instead of going to law school here (and I think it’s snowing as I type this), at UB, you could have gone to law school−for the same price−in a new state-of-the art facility, i.e., smart classrooms, in a location that is directly across the street from a federal courthouse and a state courthouse, and is only miles from NYC? The school I just described is Touro Law, a private law school in Central Islip, New York. Now, you might say it’s a tier 4 law school and it’s very expensive. Further, you might say that you read the National Jurist Magazine and Touro has the highest attrition rate in the country. And to you, I respond, that Stony Brook University, one of the leading medical research schools in the nation and an outstanding member of the SUNY system, and ranked 8th by the Wall Street Journal amongst best grad. schools, might purchase Touro Law: making it the second law school in the SUNY system. Back in February, Newsday, a downstate rag, said that there were confirmed talks between Stony Brook and Touro’s Dean regarding a possible acquisition. This purchase, although behind closed doors, is a real possibility, because of the circumstantial evidence: New York State Senator Kenneth LaValle, a Touro Law alum, has been an outspoken proponent of the sale, which leads me to believe that other alums, some of prominence, i.e., my former boss, Suffolk County Attorney Christine Malafi, my downstate Senator John Flanagan, and my role model, Assistant Suffolk County Attorney Richard Dunne, might be onboard as well. Further, Hofstra, one of Stony Brook’s competitors, although private, is considering whether to build a medical school. In fact, my friend Chuck, a Hofstra Law student, told me that ground has already been broken. So, Stony Brook might consider buying Touro Law in hopes to level the playing field between their regional competitor, Hoftsra, which already has a tier 1 law school, and where the last presidential debate was held (this gave Hofstra a national advertisement). Also, if Touro’s attrition rate is so high, than where is the money coming from to pay off the expense of the new, multi-million dollar building? If Stony Brook buys Touro, and assumes their debt, then Touro can wash their hands of the new building and continue developing real estate in other locations, like their new project: a school in New York City. If this sale actually happened, there’s no doubt in my mind that potential law students would apply to, let’s call it “Stony Brook Law,” rather than UB for many of the reasons aforementioned. Stony Brook, for the price of $70 million, which is taxpayer money, would assume a new building furnished with the newest technology; a new law library with new and updated casebooks, statutes, codes, etc.; a building adjacent to the second largest federal courthouse in the country, which is also new, the Alfonse D’Amato United States Courthouse, and the John Cohalan, Jr., State Courthouse; and not to ment ion, new parking lots and new law student housing. Couple that with the prestige of Stony Brook in the medical and science fields (Stony Brook surpasses Yale in some programs), whether to go to UB Law or “Stony Brook Law” would be the easiest decision of my life, because Touro’s tier 4 status would be wiped clean the minute that Stony Brook put their logo on the building, and I could save further expense by living at home, in Kings Park. UB Law students are at the mercy of a mismanaged State Government (for more on that topic, read my Fall 2008 article, NYS Government puts our Legal Ed. at Risk), which has neglected to give UB their fare share of operating expenses. I feel, strongly, that if NYS cannot properly fund their only law school, why in the world would they consider creating another State law school? Let’s start with the pros: It would cost millions of dollars to bring UB Law up to the level of “Stony Brook Law” structurally, geographically, etc., so if the State can purchase a total package, i.e., a school that is already built, operational, and somewhat recognized, then why not? Also, western NY is one market, while downstate is another, so the State might reason, and therefore students will serve both markets. I feel uneasy about this reasoning, and not because it’s my own, but because the public sector keeps on getting bigger. When our State government is so fiscally irresponsible in terms of its debt and its poor business climate, it shouldn’t assume another school under its SUNY umbrella, when the SUNY system is so large and so ill-funded. New York State, instead of opening another law school, should properly fund the one they have. But, if Stony Brook University does acquire Touro, then Touro’s private administration will become public, and their income and generous state employee benefits will be borne by the taxpayer; not to mention they become protected from accountability by the teachers’ unions. Further, public universities do not compete with other public universities, because they work for the same bureaucracy, and each university raises revenue through tuition for the state. A public university’s purpose is to offer affordable education to its residents in hopes that they will remain in the state, to work in the state, and especially pay taxes in the state. It’s the private sector, i.e., the private universities, which generate the most revenue for the state through taxes. Therefore, if you take Touro Law, a private law school, and make it part of the SUNY system, then, although it makes some money for the state through tuition, it will not make as much as if it were to remain private. Further, funding for UB Law will be divested to “Stony Brook Law.” When there aren’t enough chairs in O’Brian room 104 for secured transactions; when UB no longer has the funds to purchase updated legal encyclopedias, slip opinions, etc., in our law library; when the lighting in corporations makes it impossible to stay awake, it’s not a good time for New York State to assume another law school in the SUNY system when their only law school is neglected. 4 �The Opinion law.buffalo.edu/orgs/opinion April 2009 Gay Rights· from Front Page tional place. It comes from people who either have their own private bias against same-sex marriage because of their own religious beliefs, or it comes from people who want to exploit that bias in others to capitalize on what they see as a political opportunity. This is exactly what the Iowa Supreme Court was trying to combat in its last section addressing the religious motivations behind such legislation. Yet it seems people cannot, or do not want to differentiate between the legal issues that can actually be litigated for the protection of all citizens’ civil rights, and private, personal, religious beliefs and positions that government has nothing to do with. And so the pot will be stirred as this issue rages in Iowa as we head towards 2012, when Iowa citizens can vote as to whether they want a ban on gay marriage. In the meantime a responsible court, which did its job in applying the law to protect the civil rights of its citizens, will be characterized as activist and left wing. The ironic part is if the Iowa Court would have found a way to uphold the statutory ban on same-sex marriage, that would have been activist, that would have caused it to manipulate its analysis of that law according to beliefs and values that have no place in legal analysis. So while Mike Huckabee revs up his base for another run at the White House and expresses his disappointment in judges actually doing their job, I applaud the Iowa Supreme Court for making their analysis plain, logical and transparent and making a reasonable conclusion according to Iowa’s constitution. Opinions and Commentary All We Need · from Front Page motion,” “when I get married,” “when I get into that school,” then I’ll be happy. But the truth of the matter is that none of us has ever encountered the “future” as anything other than a thought form. All that exists is the here and now. And by not living in the here and now, in all truthfulness, we are not living. Moreover, each of us has a voice in our head that doesn’t stop going if left untamed. Think about it – is there ever a time throughout the day when your mind is ever completely devoid of thoughts? When people walk down the street and mumble to themselves audibly, we consider them insane. But just because the voice is inside our heads, we consider it normal. One of the ways that I attempt to get rid of this voice in my head and to “be present” is by meditating every morning when I wake up and every night before I go to bed. Initially, it will be really difficult to let your mind be devoid of thoughts and it’s okay if your mind wanders while attempting to meditate. It’s only natural. Just remember to bring your attention back to your breath and you might want to even try counting your breaths. That always helps me to remain present. Another way of “being present” is forcing yourself to notice your surroundings, your emotions, and your immediate experience. If you’re eating an apple, focus on how the apple feels in your mouth. If you’re getting frustrated at the web page you’re trying to access not loading quickly enough, notice your anger. Be aware of it. You might be asking yourself what good “being present” will do you? The answer is different for everyone, but for me, “being present” has led me to stop being so anxious about life. It’s allowed me to realize that not only will everything be okay in the future, but it already is okay. Right now. In spite of whatever problems I might be facing at the moment. As always, I’m available and willing to talk if anyone is interested in learning how to meditate or sharing ideas about how to escape the future-oriented mindset that has trapped our society. Opinions and Commentary Domestic Violence · from Front Page dren and adult victims of domestic violence. I am not naïve to the danger that can result from mandating healthcare providers to report suspected domestic abuse on the less stringent “reasonable cause” standard, mainly that victims may not cooperate with investigations for fear of angering their abusers. For this reason, I would also advocate prosecuting domestic violence without victim participation. This does not mean forcing a victim to testify against their abuser. Instead, it would only allow the State to prosecute the alleged batterer through the victim’s prior statements, reports from physicians, and any other admissible evidence. This approach has already been used in New York City: People v. Santiago, No. 2725-02, 2003 WL 21507176 (N.Y. Sup. Ct. 2003). In that case, the Manhattan District Attorney prosecuted a man who attacked, beat, and burned his wife, even though the batterer’s wife refused to cooperate or testify against her abuser. The wife’s reasons for not cooperating were numerous, but not uncommon: love, fear of her abuser, embarrassment, and fear of future financial difficulties. While we should have compassion for victims, we, as a society, must also realize that batterers often abuse more than one victim. Consequently, domestic violence is a crime against the victim and society. For that reason, if a victim is unwilling to cooperate, the State has a moral duty to prosecute the batterer without victim participation. New York should take an approach that prevents abuse, or at least, prevents further abuse. Instead of only mandating reports of burnings, gunshot wounds, and knife wounds that may lead to death, physicians and other healthcare providers should be mandated to report other suspected criminal injuries including choke marks, bruises, and/or knife wounds that are not necessarily fatal. Domestic violence, no matter the age, is serious and worthy of our attention. Oftentimes, batterers abuse more than one victim. As such, domestic violence is a crime against the victim and society. With that in mind, New York should apply a standard that demonstrates its commitment to eradicating domestic violence. By applying a standard that mandates healthcare providers to report any suspected domestic abuse when healthcare providers are presented with reasonable cause, victims, their families, and society will have one more safety net against domestic violence. Have a good summer Good luck with exams and the bar 6 � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Opinion, 2009-04 Date Issued Date of formal issuance (e.g., publication) of the resource. 4/1/2009 Bibliographic Citation A bibliographic reference for the resource. Recommended practice is to include sufficient bibliographic detail to identify the resource as unambiguously as possible. 48 6 Publisher An entity responsible for making the resource available UB Law School State University of New York at Buffalo Law School Language A language of the resource eng Type The nature or genre of the resource Newspapers Text Is Part Of A related resource in which the described resource is physically or logically included. LIB-LAW003 Rights Information about rights held in and over the resource <a href="https://rightsstatements.org/page/CNE/1.0/">COPYRIGHT NOT EVALUATED</a>. The copyright and related rights status of this Item has not been evaluated. Please refer to the organization that has made the Item available for more information. You are free to use this Item in any way that is permitted by the copyright and related rights legislation that applies to your use. This digital collection is made available for research and educational purposes. Researchers are responsible for determining copyright status, and securing permissions for use and publication of any material. Copyright for items in this collection may be held by the creators, their heirs, or assigns. Researchers are required to obtain written permission from copyright holders and the University Archives prior to reproducing or publishing materials, including images and quotations. For inquiries about reproduction requests and permissions, please contact the <a href="http://library.buffalo.edu/archives/">University Archives</a>. If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/8c2100f1c4140859a34d938fe728c487.pdf 676a4877ed02536b0b829e1242acb6af PDF Text Text The Opinion THE OPINION UB Law School 101 O’Brian Hall Buffalo, NY 14260 http://law.buffalo.edu/orgs/opinion Vol. 46, Issue 5 The Student Newspaper of the University at Buffalo Law School March 2009 Clubs You Can Join as a Budding Law Student The Top Ten Reasons You Should Join the UB Trial Team By Eduardo V. González y Torres Since I last wrote, leaves have fallen, snow has blanketed our city, and now, spring‘s warm glow is beginning to rejuvenate this tundra we call Buffalo. For 3L‘s, our graduation is fast approaching and with it the impending doom that is the Bar. But for 1L‘s and 2L‘s, the cycle begins again next fall. Classes begin, red leaves fall, and summer‘s charm succumbs to winter‘s fury. The last time I wrote, I discussed the ten reasons I accepted a judicial clerkship. I received a lot of positive feedback and thought it might be useful to share another rewarding experience: joining the UB Trial Team. In this article I will discuss the ten reasons every 1L and 2L should consider trying out for the UB Trial Team. Before I begin, I will caution you that many of the rumors are true: the workload can be staggering and you should expect to practice anywhere from 10 to 15 hours a week, or more. Further, try-outs often take place the week before finals,, which may deter some students. But, the rewards are well worth it. So much so, I wish I tried out earlier. With that in mind, and with a devil-may-care attitude, I give you the ten reasons every 1L or 2L should consider trying out for the UB Trial Team. 1. Through your intensive practices, you will learn to quickly develop and articulate a persuasive argument, as other practitioners, and more importantly, your CLICK HERE Trial Team · Page 7 Violence on Women The Defense Research Institute (DRI) is a professional organization composed of attorneys representing businesses and individuals in civil litigation. DRI compiles information useful to defense litigation across the country and arms firms with research tools including updates on recent verdicts and decisions, new legislation, and lists of expert witnesses. As DRI membership offers several benefits to law students, including membership in a professional association, opportunities to network, a subscription to ―For the Defense‖ magazine, and free admission to seminars, I am leading an initiative to launch a DRI chapter at UB law school. Many students are interested in pursuing a career in civil litigation. Joining the DRI as a law student may offer them an advantage in the job market because it serves as an opportunity to demonstrate their interest to potential employers. Participation in a formal organization at the law school will be even more helpful to students as it would create an outlet to network with law firms in the Buffalo community who are already associated with DRI. While I am in the midst of drafting a constitution to be submitted to the SBA for funding, the DRI group at the law school will host events that serve as a forum for students to exchange ideas about areas of practice most interesting to them. Once established, future events are likely to include guest speakers from Buffalo firms, discussions on trial preparation and techniques, and conversations on pro- Selfish Americans “Go Galt” Wisdom from the Masters By Danielle M. Restaino By Jonathan Pollard The late Italian composer Gian Carlo Menotti once said that ―a man only becomes wise when he begins to appreciate the depth of his ignorance.‖ That, of course, is as true when it comes to investing and personal finance as it is in any other facet of life. In 2008 – the year that‘s being heralded as the worst year for most asset classes and the economy since the Great Depression – many that were ―dwelling high‖, as the Bible puts it, were subsequently ―brought low‖. And it wasn‘t too hard to be ―brought low‖ considering the immense asset bubble that began to deflate in late 2007 and how overly-leveraged the American consumer has been for the past decade or so. Even brilliant investors like Warren Buffett, Eddie Lampert, and Ken Griffin lost fabulous sums of money in the stock market. ―So‖, you might mutter to yourself, ―how can I as the small investor hope to make money in this environment?‖ Well, the first step is to acknowledge that no matter how much you know, there‘ll always be more to learn and that you can do better. I started investing when I was a junior in college and it‘s certainly been an interesting ride. I‘ve made a few thousand dollars over the course of a few weeks and I‘ve lost the same over even smaller amounts of time. Admittedly, I‘ve learned more from the times that I‘ve lost money than from the times that I‘ve made money and there‘s one fairly obvious reason for that. infra Legal Help Online By Adam Whynn CLICK HERE DRI · Page 7 There is no question that in the last few months the economic crisis in America has hit a lot of people very hard. Millions have lost their employment, are struggling to buy groceries for their families, and have lost their homes. Still millions more are just scraping by, working hard to save enough money to pay their bills, mortgages and feed their families with the always impending fear that it may all fall apart at any moment. And then there are those who may not be suffering the way these millions are. Who may have only to cut back here and there on expenses because they have worked hard over the course of their lives and have made good decisions and saved money in a responsible way. While this last group should be applauded for their good sense and decision making, there is a fraction that seems to take issue with the President‘s attempts to help the millions of American citizens who find themselves in crisis right now. I say fraction, because I am hoping with all of my might that it is not a majority of these people who resent the fact that they may be called upon in the form of their tax dollars to help their fellow citizens. We keep hearing from Democrats and Republicans alike that 2 America is the greatest nation in the Dress to Impress 3 world, so surely we would be willing Need More Time? to help one another to maintain that 4 reputation, wouldn‘t we? DEATH Smoking Dope DRI Chapter at UB 5 Maybe not. Atlas Shrugged is a 1957 novel by American author Ayn Rand, 8 wherein the protagonist John Galt or8 CLICK HERE Economics · Page 2 Every time that I made money, I attributed it to some great stock picking/ trading prowess of mine rather than dumb luck. When I lost money though – money that I genuinely needed for living expenses – I was forced to go back CLICK HERE Money · Page 6 1 �The Opinion law.buffalo.edu/orgs/opinion March 2009 Your First Law-Suit: How to Dress for an Interview By Emily Catalano egc3@buffalo.edu In an age of casual Fridays (and sometimes even more casual Mondays,) students might experience a bit of culture shock when they realize there‘s no room for their college sweatshirts and torn jeans in the ―real world.‖ During the month of March, we see each other coming to class dressed up for interviews and other professional events regularly. Luckily, Buffalo and surrounding areas offer a wide array of vintage, retail and boutique stores where students can purchase the right professional attire on any budget. The trick to making a great first impression is picking the right suit for you. For students on a strict budget with a good eye, Amvets thrift store on Elmwood Ave. or Goodwill on William St. are great places to look for gently used suits. It‘s harder to find a perfect fit in thrift stores, however, so a critical eye is necessary. Retail stores like Target and New York & Co. sell suit separates for under $50 a piece. Department stores carry higher-end full suits, and coupons are often available in the newspaper. Here, women can expect to pay about $200 and men between $300 and $400 for a brand name, full suit. Before getting dressed, a good first step is to think about looking the part for the position you‘re being hired for. In most cases, legal internships take place in a formal office setting or in the courts. Although I hesitate to ever associate this word with myself, the legal profession for the most part is very conservative. A conservative suit, then, is a necessity when appearing in front of attorneys, judges, and perhaps one day juries also. To carry off the conservative look correctly, students should invest in at least one solid dark suit—black, navy or dark grey. Shirts should be collared, buttoned, long sleeved and a solid color lighter than the suit jacket. For men, ties should be nondescript. A tacky pattern can make a young man look more like a senior citizen who lets his grandkids pick out his ties. For women, accessories should be kept at a bare minimum—costume jewelry may be in this season, but save it for bar nights. Above all else, it‘s so important that a suit‘s fit is impeccable. To ensure that you have a correct fit—check a few key places: men, if your suit has shoulder pads, they should not extend past your shoulders; you should not be able to put your full fist inside the chest of your suit jacket without a button pulling; the top button of a two button suit, or the middle button of a three button suit should not fall below the navel; jacket sleeves should hit where the base of your thumb meets your wrist; with your arms at your side, your knuckles should be even with the bottom of your jacket; you should be able to comfortably lift your arms above your head; there should be no pulling in the fabric across the chest, arms or hips. For women, a skirt should not be tight or hit anywhere above the knee and heels shouldn‘t be more than three inches tall. Panty hose, while not mandatory, should be nude colored or at least lighter than one‘s shoe color. A mistake here could make an intelligent young woman look like the office secretary who works nights at the local strip club. Women should also look for suit jackets with curved seaming and darts, so as to not look boxy or sloppy. It‘s also important to dress for the right season—a tweed suit during the summer will not only make you sweat like a pig, but it might confuse a fashion-savvy employer. If this candidate can‘t make a logical suit choice, how can they do legal research? This probably isn‘t how you‘ll want to be remembered after spending painstaking hours trying to maneuver the Symplicity website. If all else fails in the dressing room, don‘t be ashamed to ask a sales associate for help. It‘s their job to know fit, colors and textures. As a former Gap girl, I would never let someone walk out of my dressing rooms looking a mess! Hopefully you‘ll find someone with that the same passion for textiles. Some may think that fussing over a suit and tie is superficial; however, I beg to differ. Putting on the right suit is a non-verbal communication and statement about your professionalism, ability and maturity. Employers take notice of this the second you step into their office—and I truly feel that it can make all the difference. If nothing else, a well-fitted suit can give one the confidence to sit up straight, speak clearly and project an aura of success. This, my friends, is more than half the battle. Now all that‘s left to work on is your resume. The Opinion Lends Advice Economics · from Front Page ganizes ―successful‖ people, businessmen and industrialists, to decrease their productivity so as to give less money to the government and in turn stop those government programs that help those in need. Why is this relevant today? Because there are some people who believe this type of protest is what needs to be done to stop the Obama administration from implementing policies that will aid those who have lost their jobs and homes. Opposition to the measures that have been passed by Congress thus far to try and stem the financial crisis were no surprise, in fact the debate is the whole point of a representative democracy. The surprising part is the level of resentment and anger that has been touted on cable news and around the internet for actually having to help one another. So much so that people who characterize themselves as ―successful‖ now portray the President‘s plans as a punishment. This has led some on the right to call for ―successful people‖ to ―Go Galt‖ in an effort to stop the President and his ―radical socialist agenda.‖ While I‘m not quite sure just how many of these people have actually read Rand‘s novel, I would venture a guess that it‘s not many. And reflective in that is the fact that while this ―protest‖ is central to the story‘s plot, there are several other philosophical and political theories Rand comments on that are not being used by Obama critics. While I‘m not attempting to review this novel in any way, I‘ll lastly just say that at the time it was published it was not well received, being compared to Marxism (how ironic, seeing as those using it now are trying to combat a second-coming of socialism). What is found in Rand‘s novel that is consistent with the sentiment of many trying to revive this concept of ―Going Galt‖ is hostility towards altruism. This is what seems to be the saddest part of the entire debate, manufactured as it may be. There is a genuine sense of not wanting to help our fellow man, and it seems small and trite at a time like this. It is understandable that some may feel angry at having to give up a portion what they‘ve earned through their own hard work in the form of increased taxes. But the idea of actually working less, and earning less just to spite our government, and our fellow Americans is childish and selfish. Not to mention that those who are talking about this idea are the same group of people who claim this country is a Christian nation. Now, I happen to think declaring the United States a Christian nation runs contrary to the idea of religious freedom and inclusion that was so important to the Founding Fathers, but that‘s an entirely different debate. So ok, I‘ll play along. I went to twelve years of Catholic school and then four years at a Catholic university, and I can‘t seem to recall the part where Jesus tells us to actively sabotage those who are suffering and are on hard times. If we are truly a nation of Christians then we should be trying to address issues that are central to that faith, not just the ones that make for dramatic sound bites and pictures. Poverty, hunger, and unemployment have increased tremendously since this crisis began and it only seems logical and responsible for a government to try and help its people stop the bleeding. And not because this government wants to rob from the rich to give to the poor in an effort to make people dependant on its huge bureaucracy, but because helping those who cannot help themselves is the merciful thing to do. It‘s the responsible thing to do, and this is what President Obama seems to want to do to make America stronger. This country‘s strength comes from its people. It‘s sad that the efforts to revitalize that strength are met by opposition based on selfish ideals and promoted by small minded people who seem to be saying they‘ve never needed any help in their lives at all. It‘s true that perhaps not everyone in this country has made the best financial decisions, but that‘s no reason to cast them off now. And if ―Going Galt‖ is your response to helping your fellow American, I would say that your ―success‖ in the face of this crisis has been accompanied by callousness, and that is not something our nation should be proud of. 2 �The Opinion The Opinion March 2009 law.buffalo.edu/orgs/opinion March 2009 24 Hours In A Day Can Sometimes Be Enough Volume XLVI, Issue # 5 By Elizabeth Hersh elizabethersh@gmail.com Co-Editors in Chief: Dan Aiello, 2010 Kristen Ng, 2011 Contributing Editors: Eduardo V. González y Torres, 2009 Anthony Leone , 2009 Danielle Restaino, 2009 Elizabeth Hersh, 2011 Adam Wynn, 2011 Jonathan Pollard, 2011 Taekyung Sung , 2011 Aditi Bhardwaj, 2011 Paul Fusco-Gessick, 2011 Guest Editor Sara Korol, 2011 The Opinion, 101 John Lord O‘Brian Hall, Buffalo, NY 14260, is published by law students for law students. The Opinion is the non-profit official student newspaper of the University at Buffalo Law School, State University of New York. Any reproduction of materials herein is not allowed without the express consent of the Editorin-Chief and the piece writer. The Opinion welcomes your comments. Address your letters or guest columns to the Opinion Desk at amleone@buffalo.edu. All letters and guest columns must be signed. Include your full name, year, and email. Please limit letters to 300 words. Please limit guest columns to between 600 and 800 words. Submission of a letter or guest column constitutes an exclusive, worldwide, transferable license to The Opinion of the copyright in the material in any media. The Opinion retains the right to edit submissions for content and length. The Opinion does not endorse any of the viewpoints and opinions stated within its pages. Articles and pictures are for the express use of The Opinion and The Opinion claims no copyright privileges to the articles, work and photographs used in the following pages. The life of a law student is an incredibly busy one. Between journals, moot courts, clubs, jobs, internships, and of course, daily course work, there is not a lot of down time. Personally, I enjoy keeping my days full and busy, but there are times when I think I am going a little bit crazy. Time management is of the essence in law school, and luckily for us law students, there are a variety of techniques, both time management and others, which can help us keep our lives organized. While most of these suggestions will probably not be new to you, some reminders of ways to better manage your time and law student life in general can always be helpful: 1. Prioritized Task Lists: ―To Do‖ Lists are a great way to stay organized and the most effective kinds of lists are those on which tasks are prioritized. It is helpful to organize lists beginning with the tasks which must be completed first, followed by tasks of medium importance and so forth. This method of activity organization helps to ensure that your list does not become an inventory of all the things you could be doing instead of what you should be doing. Personally, my life revolves around the lists I make in my planner. When I write things down, I do not have to stress about forgetting deadlines, meetings, etc… I also take great pleasure in crossing things off my list because it is a visual reminder of an accomplishment. Prioritized task lists also allow you to become better organized and with better organization comes less stress. 2. Create Artificial Last Minutes: I work best under pressure, which usually means I leave things for the last minute, but this is a bad habit I am trying to quit. To make sure work gets done on time, or even ahead of schedule, creating artificial last minutes can be a very useful tool. For example, setting aside a certain amount of work which must be completed before Bar Night Thursday, or if you do not have a motivating activity available, (though there are usually one or two things more appealing than school work), give yourself an allotted amount of time, say, no more than two and a half hours for twenty pages of reading. Creating this ―pressure‖ may help you to accomplish tasks which would have taken twice as long to do otherwise. 3. Schedule Breaks: Breaks are an essential part of studying. There is only so much time a human being can stare at a page in a text book or a computer screen before they come down with a feeling of nausea. The problem is that study ―breaks‖ have a funny way of turning into entire afternoons and evenings. To avoid such a scenario, it may be helpful to schedule your breaks into your study schedule. Give yourself ten minutes every hour to goof around, or twenty to thirty minutes every two hours. Even break activity can be planned – snack, chatting with someone you want to meet, and then leaving time to just ―hang out‖ and see who or what else comes along before resuming your routine. Also, before getting back to work, decide when your next break will be so you have something to look forward to. 4. Breaking the Facebook Addiction: Many people will deny it, but I know that I am not the only one who loves Facebook. The issue here is that while Facebook is distracting enough, it becomes even more appealing during crunchtime, like the night before a paper is due, or during finals week. First year student Jen Early has had the best idea so far for getting away from Facebook without having to delete your account. Jen allowed her sister to change her Facebook user name and password so she could not access her Facebook for a couple weeks. Of course, if anyone ever asked me for this favor, I would definitely change their profile a bit, but that is a small price to pay to eliminate one of the worst forms of procrastination available today. Better yet, avoid bringing your lap top when you study if at all possible; this is a sure fire way of avoiding Facebook, gossip sites, g-chat, etc… 5. Be Held Accountable: Peer pressure can be used positively to help accomplish tasks. You may find it helpful to ―advertise‖ your study plans to your friends because even though they are probably not paying any attention to what you are saying, you may still feel like you are being held accountable for what you claim you are going to do. If you can rationalize this and it helps, do it! 6. Know Your “Continuum of Effort": With so much to do in law school, it is almost impossible to be a perfectionist. We all know that different levels of effort, from low to high, are required to succeed in the courses. This is known as the ―continuum of effort.‖ Some of us may be better adapted to do well in the theoretical and interpretive law classes such as Constitutional Law while others may do better in the ―recipe‖ classes such as Criminal Law and Torts. You should gauge the effort required to do well in a class based on your own aptitude and skills sets. Supplement your skills by reviewing material from these classes prepared by those who have completed the course and by talking to these students, as well as the professors who are now teaching the same course. Learning your own aptitude and the knowledge gained from others will allow for a determination of where you come out on the continuum, so you do not have to be a perfectionist in each course. Over a semester, this can be a real time saver. 7. Organize your living space: When my room, desk, and bathroom are messy, I feel like my whole life is out of order. Sometimes just the act of cleaning and organizing your physical space may help you put into perspective the other activities you need to get done. A word of caution on this organization tool: do not to let cleaning and organizing turn into a way to procrastinate. If you are the kind of person who will continue to pick up and clean to avoid doing work, or just hate cleaning in general, studying in an uncluttered and clean area like the library may be a better idea. But, physical activity which provides a sense of accomplishment can be relaxing to the mind and body, allowing you to refocus on what it takes to be an efficient law student. 8. Don’t sweat the small stuff; take it one day or one game at a time: Use whatever cliché you would like, but it is important to keep things in perspective which allows you to better manage the sometimes daunting work load. If you approach school and course work as a series of individual tasks with a cumulative purpose and result, you can control that feeling of being overwhelmed or overextended, especially when it seems like everything needs to be done all at the same time, particularly when we approach finals. 9. Sleep!!!: When push comes to shove, many law students will sacrifice precious hours of sleep in exchange for other activities, whether academic or social. Many of us try to take naps the next day to make up for the lost hours of sleep, only to nap for a longer period of time then we lost originally. Generally, this kind of sleeping pattern causes us to lose more time. Having as close to a regular sleeping pattern as possible is crucial to your productivity level. People think more clearly and work more efficiently when they get enough sleep. 3 �The Opinion law.buffalo.edu/orgs/opinion To Kill or Not to Kill By Tae Kyung Sung tsung2@buffalo.edu March 2009 Hopefully my life would treat me kind enough so that I won‘t have to experience crime and punishment on a personal-level, and hopefully any contact I would have with criminal law will end, with the exciting class I have this semester with Professor Dubber. But then again we are law school students, meaning that we like to think, or look like we like to think, so either way, here goes some thoughts on capital punishment. Recently, two Supreme Court justices traded barbs over the fate of a Florida muderer, who waited for his execution date for 32 years. He was sentenced to death for kidnapping, torturing and killing of a woman in 1976. According to court reports, while Justice John Paul Stevens said it would be ―unacceptably cruel‖ to exercise execution now after his three decades as a capital inmate, Justice Clarence Thomas disagreed, saying that it was ―the crime and not the punishment imposed by the jury or the delay in execution that was ‗unacceptably cruel‘.‖ So which side are you on? Based on my shallow knowledge on criminal law, at the end of the day, we inject that lethal dose for the following reasons, first to chuck out the bad apple from the society for good, second, to show the world the consequences of conducting such a crime, and third, for pure retribution purposes, which in my interpretation is, an eye for an eye, a life for a life. In states where they have abandoned capital punishment, for vicious crimes, criminals will be sentenced to life imprisonment or several hundred years of imprisonment (although limited by state law restrictions), the difference being that no parole may be granted in the former. So consider this. The sentences for the worst serial killer in Colombian history, Luis Garavito, found guilty in 1999 of killing 138 boys between the ages of 6 and 16 (he in fact admitted killing of 140 boys) added up to 1,853 years and 9 days in prison. However, due to Colombian law restrictions, in which maximum penalty available is 30 years in prison, he was sentenced to 22 years, 8 years shorter for helping the authorities locate the bodies. Is it just me that has issues with equity here? While the Florida murderer, who was found guilty of killing one woman (and has been on death row for 32 years) is not spared lethal injection, a serial killer in Colombia, who admitted killing, raping and disfiguring the bodies of 140 children, gets 22 years of imprisonment with the possibility of early release. For me, neither serve justice. The law is never black and white, and while this may be the beauty of common law, the two cases make me wonder, if the extinction of life in criminal law today serves any discernible social or public purposes that cannot be met by other punishment, such as life imprisonment without parole. But this is not to say I am against capital punishment, or for it for that matter, as I don‘t think I am yet equipped with enough knowledge to even form an opinion. Perhaps the discussion based on punishment theories is an impracticable proposition, and it might be better to think in simple terms, by answering these questions. Is killing for a killing serve justice? Would a criminal not kill afraid to face capital punishment? Which do you think is ―unacceptably‖ crueler? Being executed right away after being sentenced a death penalty or living and waiting, for many years after, before being executed? Which is more humane, or does this matter at all? While there are countries like Singapore, who has been successful in its fight against drug, for sentencing death to anyone carrying drugs over a certain does in the nation, there are other countries, namely the European nations that have abandoned the practice. 92 countries are said to have abolished capital punishment, with 59 countries still actively exercising the death penalty, according to the February, 2009 data. So, I ask again, to kill or not to kill? Justified Death? One of the many casualties of the current economic crisis may not be all that tragic – at least not to those who oppose the death penalty. As was recently reported in CNN, some states are being forced to revisit capital punishment in the name of fiscal responsibility. An easy-to-find but perhaps counterintuitive fact is that states spend a lot more to execute the accused than to keep an individual in prison for life, given the expense of appeals. California, for instance, spends $1.1 million more on a death penalty trial than on one without the death The Buck Stops Here By Sara Korol penalty option. The UB Lawyers Guild observed a national ―Students Against the Death Penalty‖ week by tabling before spring break. For two days we gave out information meant to be provocative if you read it and baked goods meant to be tasty if you ate them. The brownies: Death by Chocolate. As the school‘s progressive law student organization it seemed obvious to us that we should organize some sort of event around the week - so obvious in fact that I don‘t recall the group ever bothering to discuss the issue before bringing it to the school to ponder. And as we compiled facts, data, history, and maps I realized that even amongst those who agree on the outcome there is still discord in theory. In practice, the death penalty does not deter violent crimes – or if it does no one has found a way to prove it. In practice, it is a more costly alternative to incarceration. And, to those who view the United States from international arena of developed nations, the instrument of the death penalty looks painfully archaic. Is this just evidence that we are indeed ―exceptional‖, as 2008 vice-presidential candidate Sarah Palin claimed? If U.S. exceptionalism means we can execute our prisoners, then China, Zimbabwe, North Korea, Belarus, and Cuba must be quite exceptional places too. But these are secondary reasons to be against this form of punishment. What if tomorrow a wily statistician is able to cook the numbers to show that it does deter crime? What if the state decides to limit appeals and suddenly executions become a more economic alternative to a life in prison? What if Europe comes down from its moral high ground and joins the club? Would the death penalty suddenly be O.K.? One poster for our display read ―How Does Killing People Show Killing People Is Wrong?‖ At the same time another poster highlighted cases of convicts who had been exonerated either posthumously or while awaiting execution. So is it wrong in principle? Or is it wrong because the system cannot guarantee that we are putting to death those who are truly guilty of the crime? If it is possible to fall somewhere in between these two mutually exCLICK HERE Death Penalty · Page 6 4 �The Opinion law.buffalo.edu/orgs/opinion March 2009 Just Blaze: Why California’s Legalization Bill Is A Wonderful Idea By Paul Fusco-Gessick ptf2@buffalo.edu Last month, California Assemblyman Tom Ammiano (D-San Francisco) introduced a bill into the California legislature that would explicitly legalize and tax what Carl Linnaeus so eloquently called Cannabis sativa. If, by the grace of God, this bill actually passes, it will signal the end (well, the beginning of the end, anyway) of a decades-long, destructive, and fantastically expensive campaign in this nation's ―War on Drugs‖. Note that I didn't say it would end the whole thing. It won't, and to be honest, it shouldn't. There are indeed drugs that we should be waging war on. The cannabis plant, however, is not one of them. Here's why. First and foremost, it is physically impossible to die from a marijuana overdose. If you haven't heard this spiel from me before, I typically explain it by saying that you'd have to smoke a joint the size of a telephone pole for the THC in pot to kill you, and I‘m really not exaggerating. There's a term in pharmaceutical science called the ―therapeutic ratio‖, which is the ratio of an effective dose (for our purposes, where a reasonable person would feel the effects) to a toxic dose. If I've got the math right, the therapeutic ratio of coffee is about 13 [erowid.org], whereas that of heroin is about 3 [Ibid]. The therapeutic ratio of THC, by contrast, is over one million. Think about that. One would have to smoke, quite literally, a million joints at once in order to die from pot. Now, granted, smoking of any sort is not good for you. It will eventually give you lung cancer or emphysema, which, if they don't kill you, will certainly make your life rather unpleasant. But that brings me to my next point, which is that you don't necessarily have to smoke weed in order to experience the effects. My brother went to Amsterdam last year, and he tells me they sell something there called ―Rasta Pasta‖. From his description of it, it's linguine alfredo, with a certain secret ingredient in the sauce. You eat it. It tastes delicious. You finish the plate and are satiated. And then you're no longer satiated anymore. In fact, you have the munchies. And then you eat more of it. Explain to me why I shouldn't be allowed to cook that on a Sunday night. Would society be harmed by my enjoying a big bowl of pasta and watching The Simpsons in an altered state? Is there some terrible danger here that I‘ve somehow missed? Hell, if I could legally cook with pot, that'd be motivation for me to learn how to cook in general. If anything, it would make me a more productive member of society. (Yeah, picture that, Paul Fusco-Gessick, a productive member of society!) When used responsibly, marijuana is significantly less harmful than alcohol, which, if you'll recall, was also the subject of a spectacularly failed prohibition. And that's exactly what Assemblyman Ammiano's bill suggests, because it would essentially put marijuana on the same footing as alcohol. I've read the bill, and it is not going to turn California into a stoned-out wasteland. It is not going to push pot into the hands of California‘s precious snowflake children. It'll still be illegal to smoke in public. It'll still be illegal to sell it to underage kids. It'll still be illegal to sell it within a thousand feet of a school, day-care center, YMCA, or wherever kids congregate these days. It will still be illegal to drive stoned, just like it's illegal to drive drunk. In short, many of the ways in which marijuana can harm society will remain punishable by law, as well they should be. But what about people who overdo it, Paul? Isn't there a societal cost to that? There are people who overuse alcohol, you know. We call them ―alcoholics‖. As their friends and families, we suggest that they get treatment, and we support them in kicking their addiction. Yes, there will always be a subset of people who turn into stereotypical stoners, lounging on their couches and not contributing meaningfully to society in any way. However, I'll bet that most of those people are doing that already. Net cost to society? Zero, if not negative. See next point. The other thing that the ―Marijuana Control, Regulation, and Education Act of 2009‖ would do is levy a tax of $50 on each ounce of marijuana sold in the State of California. An analysis by the California Board of Equalization found that the state could collect as much as $1.3 billion a year from such a tax. That's ―billion‖, with a B, and that's not even the only significant economic benefit that would accrue to California if they decided to legalize. If marijuana becomes, by and large, legal, then police departments will no longer have to spend time and effort dealing with it, and as we all know, time is money. Also, with all that extra time on their hands, they might think about going after real criminals, like murderers or rapists, or, God help us, child pornographers. Thing is, though, police departments across the country make a whole lot of money off of the War on Drugs. They get oodles of Federal cash for drug enforcement. (It's how SWAT teams pay for their fancy toys.) Also, prosecuting nonviolent drug crimes makes money for the courts (in the form of fines) and for the prisons as well (in the form of increased funding to house all those nonviolent drug offenders). Not to mention all those DEA agents that the Federal Government employs to combat the devil weed. Also, if people can't use marijuana for its medical benefits (which are so significant that I could write another whole article about them), they are forced to turn to expensive prescription drugs manufactured by Pfizer, GlaxoSmithKline, &c. So those companies have a vested economic interest in keeping pot illegal as well. Simply put, there's still a very big Establishment that is profiting, quite handsomely actually, from the continued prohibition of marijuana. In fact, it's one of the few industries in America that's still profitable. In fact, it‘s practically recession-proof. It is very rich, very powerful, and despite what Obama might say about drug enforcement, it remains backed by the full force of the Federal Government. Simply put, the Establishment is not going anywhere without a fight. And that, in a nutshell, is why, my fervent hope to the contrary, we're still going to have to wait a while before we can enjoy Rasta Pasta without the fear that the cops will kick down the door. However, if you believe that a plant with documented medical, spiritual, and industrial use throughout most of human history should not be illegal, I urge you to write your elected representatives and let them know as much. Who knows, if enough people speak up, they just might be compelled to listen. 5 �The Opinion law.buffalo.edu/orgs/opinion March 2009 Money· from Front Page and examine my mistakes so as not to make them again. Making money in the stock market without knowing what one is doing is probably one of the worst things that can happen to an investor. I should know because I was once that same naïve investor who thought he could rely on tips, hunches, intuition, and hope instead of diligently researching the stock I was purchasing. If you really want to learn how to be a better investor, according to some of the world‘s greatest investors, there are certain things about a company you should research and know before investing your hard earned money. All of the information you should know can be gleaned from reading a company‘s annual report (a 10-K), which can be located at www.sec.gov under the company filings link. What follows is not my own musings or wisdom regarding publicly traded companies, but a distillation of the time-tested wisdom of the world‘s greatest investors. 1. Know what the company you’re buying does. Do you really understand what that biotechnology company that you‘re speculating in does to help the consumer? What is its business model? If you don‘t know how a company makes its money, then you won‘t know whether it‘s vulnerable to competition. What‘s more, you won‘t know if it is doing its job effectively. It‘s much better to invest in a company like Apple or Domino‘s Pizza whose products you almost certainly have come in contact with and whose business model is more straightforward. Moreover, you know what your friends think of these companies and whether they buy the company‘s products consistently. College students and the 18 – 35 demographic are huge consumers and drive most trends, so if you can spot these trends early and notice what this demographic likes, you can make a bundle very quickly. 2. Is the company growing revenues and earnings? Revenues refers to the total amount of money collected by a company for all of the products that it sells. Earnings refers to the amount of money that is left over for the company after it has paid all of its expenses and income taxes. When both of these metrics – revenues and earnings – are growing, more than likely the company‘s stock price will follow suit. 3. Does the company have a lot of debt? Companies need debt to expand and grow operations. However, just like a person who spends more than he or she makes can‘t ultimately sustain his or her lifestyle, a company that takes on ever-increasing amounts of debt, in excess of revenues, is also bound to go bankrupt. The amount of debt that a company has can be found on its balance sheet and the amount of interest it pays on that debt, commonly referred to as interest expense, can be found on the income statement. Ideally, a company should have lots of assets like cash, real estate, and factory equipment and no debt. However, if the company has debt, make sure that the debt is being acquired for good reasons and that a company is making enough (has enough earnings and cash) to service the debt. 4. What is the company’s PEG ratio? A company‘s P/E ratio – a metric you‘ve probably heard of before – is a way to compare a company‘s stock price to the amount that it earns. For instance, if stock ABC costs $100 per share, and it earns $8 per share on a yearly basis, its P/E is 12.5 (100/8). Similarly, if stock DEF costs $10, but only earns $.25 a share, its P/E is 40 (10/.25). What all this means is that investors are willing to pay approximately four times more money per share for the earnings stream of stock DEF than for that of stock ABC. Usually this discrepancy in P/E occurs because company DEF‘s earnings are growing faster than company ABC‘s. So even though company ABC‘s stock costs more than DEF‘s, on a valuation basis, it is cheaper. The PEG ratio or P/E / Growth ratio compares a company‘s P/E to how fast it is growing. If a stock‘s PEG ratio is greater than 1, that usually means it is overvalued because investors are paying more for it than its earnings growth rate merits. Stocks whose PEG ratio is less than 1 are usually considered to be undervalued because the underlying earnings are growing faster than what investors are currently paying for it. There are definitely other things that successful investors look at when evaluating companies, but these are the building blocks. In addition to these though, and any other information you might gather in the future about investing, always realize that it‘s a neverending process – even for the masters!! Opinions and Commentary Death Penalty· from Page 4 clusive views, I‘ve managed it. The personal issue I have with the all encompassing – ―let‘s not kill anyone‖ (besides the bewildering fact that it is not held by more people of faith) is that there are some monsters who continue to wreak havoc on those around them – even from within prison. While executing someone will not undo the past, it will at the very least ensure that the person will not harm in the future. The serial killer and sexual deviant John Wayne Gacy comes to mind who managed to rape a reporter who was interviewing him while in prison. I admit the world would seem better off without those like him because the only thing which deserves to cut short the sanctity of one human life is the sanctity of another. Then again – as my internal reasoning meanders back to reasonableness – I acknowledge what a terrible argument it is to execute a person merely because the system has failed to restrain him. My issue, on the other hand, with relying on the (very real) chance of judicial error as the reason the death penalty should be abolished is that it sounds like if only we could be sure who is truly guilty, then putting a person to death is just fine. But guilty of what? Because of, or perhaps despite, being agnostic I am uncomfortable drawing an arbitrary line of distinction between crimes that get the death penalty and those that do not. Is not this righteousness the purview of some superior being who has a perfect understanding of morality? Humans are surely no experts. Currently the line runs smack between raping twenty five-year-olds (note the careful omission of the hyphen) without risk of capital punishment and shooting one police officer in cold blood. My contribution to the Guild‘s display was about as neutral as one can get: a state-by-state visual aid of how many were put to death last year and how many still await their fate. Easy to conceive of but more difficult to execute, so to speak. I busied myself with the tracing of Texas so as not to fry my brain trying to pinpoint my fundamental reasons for opposing it . ―The buck stops here‖ is a phrase popularized by President Truman who kept it as a sign on his Oval Office desk. This idiom and its derivative ―passing the buck‖ are used to describe where responsibility lies. The man who dropped two atomic bombs was unapologetic about how much responsibility, and thus power, he wielded. Today fiscal conservatives and social liberals get to be strange bedfellows as the bucks run out in state budgets: suddenly putting people to death makes little sense to anyone. However the economy won‘t be sour forever. Everyone should still take the opportunity to ask themselves where they stand on the issue of capital punishment should the buck get passed to them. 6 �The Opinion law.buffalo.edu/orgs/opinion March 2009 Trial Team· from Front Page clients, will expect. Can you imagine arguing motions and using ―fillers‖ such as ―umm‖ during your pauses? Seems ridiculous, but most people, including myself, use them. With guidance and occasional glares from your coach, those fillers will likely disappear. 2. You will develop a better understanding of the rules of evidence. Evidence class is wonderful and my professor, the Hon. Kevin Dillon, was fantastic, but nothing can replace the experience of making objections and arguments based on evidentiary rules. As you can imagine, nothing is more embarrassing than being objected to and not having a response to the objection. Or, objecting, but not knowing why. ―Objection, that‘s devastating to my case,‖ is not going to cut it. 3. You get a free trip! Well, you probably will, unless you compete in the Buffalo-Niagara Invitational. This year, the UB Trial Teams competed in Sacramento, Atlanta, New York City (twice), Los Angeles, and Stanford University. 4. It is a great opportunity to get near-daily one-on-one guidance from an experienced practitioner. In my case, my coach was the Hon. Thomas Francyzk, an Erie County Court Judge and former Buffalo Prosecutor. In addition, several other well -respected attorneys take a lot of time out of their busy schedules to coach. Trial Team 5. In that same vein, it is a great opportunity to meet attorneys in the area; not just those that coach, but numerous others that volunteer to evaluate your performances. As one wise and very successful Buffalo practitioner recently told me, ―Law has two components: the practice of law and the business of law‖. Through trial team, you will get to practice both. 6. The frequency of practices helps you not only learn how to give an opening statement, direct examination, cross examination, and closing statement, but to look confident and comfortable while doing it. 7. Which leads to my next point: you will acquire an air of confidence and comfort with yourself, but also with how you interact with others. More importantly, when you are asked by a partner at a firm to resolve a favorite client‘s child‘s drug arrest, you will have some intensive trial advocacy experience under your belt. 8. You can get class credit! This sounds like a no-brainer, but ask participants of the several UB moot courts, such as myself, and we will tell you that we did not receive class credit. 9. You will get a taste of what you will experience if you choose to become a litigator. While the format is not exact, it is close. As mentioned, you will learn how to give an opening/closing statement and perform a direct/cross examination. In addition, you will have the opportunity to construct case theories and make arguments in front of experienced practitioners. 10. Finally, during these tough economic times, having trial team experience may help you stand out from the rest. Why? Because attorneys, especially those in Buffalo, know the commitment that is required to participate in trial team. More importantly, they know of the tremendous benefits its participants will obtain through this rigorous, but rewarding experience. With that in mind, I hope that you will consider trying out for the UB Trial Team. It may be intimidating at first, but with practice, hard work, and dedication, I am confident you can succeed. I close by pointing to my own experience. I joined and did not have any trial technique or team experience. Suffice to say I was intimidated at the prospect of competing in only a few months. But, with hard work, many, MANY questions, and help from the coaches and my teammates, I began to learn. By the end, I was eager to compete. I only wish I had another chance to compete. If you happen to join, I am sure you will have a similar outlook. Joining Clubs DRI· from Front Page fessional development. DRI‘s literature, seminars, and research touch on various areas of substantive law ranging from products liability and corporate compliance to aerospace law. Advocacy skills like trial tactics and alternative dispute resolution, of interest to law students, are also featured in DRI‘s scholarship and lectures. In addition, ―For The Defense,‖ can act as a supplement to casebook readings as articles are interesting, well written, and discuss topics relevant to foundation courses including, the discovery process, copyright infringement, government regulation, civil procedure, and legal ethics. A DRI chapter may also appeal to students concerned with the intersection of law and business as DRI seminars and articles often cover risk management, accounting, and corporate governance problems as well. While managing a new organization and generating interest in participation is a new experience for me I‘m confident a DRI chapter will prove helpful to many of my classmates pursuing careers in litigation and look forward to meeting them at future events. 7 �The Opinion law.buffalo.edu/orgs/opinion March 2009 A friend of mine wants to create a clothing line for Mixed Martial Arts‘ (MMA) enthusiasts, and instead of asking me, a law student, and a friend for fifteen years for information on how to start his business, he went to www.legalzoom.com for his legal needs. Last year, when I was a 1L and probably couldn‘t offer any sensible legal info anyway, my friend allowed legalzoom to register a trademark for him. He said it was easy: ―I filled out a questionnaire and they sent me an application packet in the mail a few days later. I filled out my name and my logo and sent it back to them for filing with the U.S. Trademark Office. They even caught an error where I misspelled something and sent it back for correction. They filed it for me, and it was a hell of a lot cheaper than going to an attorney. The only thing that was expensive was the Government‘s filing fee, which I would have had to pay anyway. I‘ll only go to legalzoom from now on.‖ Another satisfied customer. www.LEGALGLOOM.com By Dan Aiello Whether it‘s the economy or the ease of educating one‘s self through the internet, individuals (or what law students commonly refer to as ―lay people‖) are becoming more empowered to do their own legal problem solving. According to the ―Our Story‖ section of their website, legalzoom stated the following: ―We found that while many people have legal needs, most of them don't want to spend the time, or the money (over $266 per hour), to see an attorney.‖ Okay, $266 dollars an hour for the services that legalzoom provides, i.e., incorporations, wills, living trusts, name changes, and some others, is exaggerated: the median hourly rate for New York is $58 (www.payscale.com). But, regardless of how off-the-mark legalzoom‘s figure is, you can‘t ignore the truth that legalzoom is successful and they boast that they have one million satisfied customers. Further, there are several other online sources that take attorneys out of the mix, including www.nolo.com, which offers simplified legal books, access to software, like Quicken‘s Willmaker Plus 2009, legal forms that rival those offered by legalzoom, and a free online legal encyclopedia. Maybe it‘s the state of the economy that is driving individuals to other, cheaper sources for legal information rather than attorneys. Hopefully, legalzoom and others are the equivalent of coupon-cutting when times are tough, and then once the economy improves, back to good old lawyers. Probably not. Most likely it‘s something that attorneys will have to live with, and perhaps compete against. For example, a recent Cooley Law graduate is practicing law in South Carolina and he actually makes house calls, like what doctors did during the 1800‘s. He‘s the lawyer that comes to you. I don‘t think we need to go to this extreme, however, because legalzoom said people don‘t want to spend their time to see an attorney. Nonetheless, we should be aware that people are turning to nontraditional sources of legal information. All people need is computers and internet access to utilize online legal sources, or a Costco membership to purchase legal software. Here‘s why I don‘t think legalzoom and nolo.com pose a true threat to attorneys: First, nolo.com is analogous to www.WebMD.com, where individuals try to seek medical information without seeing a doctor. Long story short, I had to go see a dermatologist when I tried to treat a skin condition that I got from rolling around the grappling mat. Hopefully, after hearing this, Danielle will continue to date me. So, similarly, individuals using nolo.com will misdiagnose their legal needs and have to see an attorney anyway. Second, although a search in LexisNexis for cases involving legalzoom as a defendant produced nothing, I‘m certain that if legalzoom‘s forms are out there, they will eventually become tied up in litigation for forms involving scrivener‘s errors, i.e., misspellings, omissions, etc., which can really pose a problem in Article 9 transactions and copyright situations. So, in a sense, legalzoom will be making work for us, rather than taking it away. Thirdly, people are constitutionally granted the right to represent themselves, and if you‘ve ever seen someone represent themselves, it‘s a debacle. When I was in the Suffolk County Attorney‘s Office, I witnessed a pro se plaintiff in Federal Court on a section 1983 excessive force claim against the SCPD, bring up his State conviction of possessing a firearm, and opened the door for our attorney on cross. It was awesome. And just recently a rabbi in New York City represented himself against molestation charges brought by his own daughter. Guess who will be handling the appeal? An attorney. Thus, people will always attempt to control their legal needs, and more times than not, they will screw up. Any way you cut it, attorneys are better equipped to handle legal problems. As you already know, law school has changed the way we approach issues. A lay person wouldn‘t know what to do with IRAC. If you look at it this way, legalzoom and others are like bad legal interns: they file this, file that, and they don‘t even get their clients coffee. The United States (and Canada, for that matter) has always been a staunch advocate of rights. By Kristen Ng Whether it be human rights, animal rights, environmental rights, you name the right, and I can bet that the US has made the most progress in that area (excluding gay rights). I was doing some research on some international governmental organizations that the United States belongs to, and I came across some very interesting information. The one that will be discussed here is the Organization of American States (OAS). The US Doesn't Care About Violence Against Women The OAS is made up of the nations in the Western Hemisphere. There are 35 member states consisting of North, Central, and South America, and the Caribbean States. The only state that has been suspended is Cuba. Cuba lost most of its membership rights due to the fact that it is a Marxist-Leninist state. There are permanent observers that belong to the OAS, and these are made up of nations from other parts of the world; they observe the ongoings of OAS mostly for informational purposes. The structure is made up of the General Assembly, the Permanent Council, and the General Secretariat (much like the format of the United Nations). The OAS has several agencies, and the one discussed here is the Inter-American Commission on Women, which goes by its Spanish acronym, CIM (Comision Interamericana de Mujeres). CIM's goal is to advance women's rights and gender equality. It was created in 1928 in Havana, Cuba, and made up of 34 delegates. The mission of CIM is: "To promote and protect women's rights and to support the member states in their efforts to ensure full exercise of civil, political, economic, social, and cultural rights that will make possible equal participation by women and men in all aspects of society, so that women and men will share, fully and equally, both the benefits of development and responsibility for the future" (www.oas.org). The current executive board at CIM is made up of officials from Antigua and Barbuda, Colombia, Brazil, and other South and Central American states. This put the initial warning sign in my head: why is the United States nor Canada part of the executive board? To date, CIM has drafted several conventions concerning women's rights. The Convention of the nationality of Women was the first international treaty on women's rights in the history of the world, and the convention that I am concerned about here, the Inter-American Convention on the Prevention, Punishment, and Eradication of Violence Against Women (known as Belem do Para), is now the standard-setting instrument for nations around the globe in terms of gender-based violence. This instrument is the first in its kind in that it defines violence in both the public and the private spheres. It does a very thorough job of defining violence and detailing the obligations of the states to make sure that the violence does not happen, and if it does, that justice will be given. The United States and Canada are interestingly the ONLY two states that have neither signed nor ratified this convention. The United States and Canada are the two largest contributors, financially and physically, to OAS, and these are two Western states that have always been staunch advocates of women's rights. The United States, in 2008, has not contributed any monetary means to CIM, while in 2004, the US contributed $1.4 billion to OAS‘s terrorism committee. Canada, on the other hand, gave $400,000 to CIM in 2008. From these figures, it is clear that the US either does not care about women‘s rights, or it does not want to contribute financially to this agency of the OAS. My opinion is that the United States does not want to be bound to such a convention, which leads to the problem of the US not being such an advocate of women‘s rights after all. 8 � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Opinion, 2009-03 Date Issued Date of formal issuance (e.g., publication) of the resource. 3/1/2009 Bibliographic Citation A bibliographic reference for the resource. Recommended practice is to include sufficient bibliographic detail to identify the resource as unambiguously as possible. 46 5 Publisher An entity responsible for making the resource available UB Law School State University of New York at Buffalo Law School Language A language of the resource eng Type The nature or genre of the resource Newspapers Text Is Part Of A related resource in which the described resource is physically or logically included. LIB-LAW003 Rights Information about rights held in and over the resource <a href="https://rightsstatements.org/page/CNE/1.0/">COPYRIGHT NOT EVALUATED</a>. The copyright and related rights status of this Item has not been evaluated. Please refer to the organization that has made the Item available for more information. You are free to use this Item in any way that is permitted by the copyright and related rights legislation that applies to your use. This digital collection is made available for research and educational purposes. Researchers are responsible for determining copyright status, and securing permissions for use and publication of any material. Copyright for items in this collection may be held by the creators, their heirs, or assigns. Researchers are required to obtain written permission from copyright holders and the University Archives prior to reproducing or publishing materials, including images and quotations. For inquiries about reproduction requests and permissions, please contact the <a href="http://library.buffalo.edu/archives/">University Archives</a>. If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/bef6e7453e2c236c190b62bd706b4322.pdf 7289142746d7a2a8a1a34d9de48e6513 PDF Text Text The Opinion THE OPINION UB Law School 101 O’Brian Hall Buffalo, NY 14260 http://law.buffalo.edu/orgs/opinion Vol. 46, Issue 4 The Student Newspaper of the University at Buffalo Law School February 2009 It was 2006 and I was interning in the New York State Assembly when economist Thomas Friedman, a New York Times columnist and author, released The World is Flat: A Brief History of the Twenty-first Century. Friedman’s concepts of globalization and its forced effect: competition among people and sovereigns as means of survival in the global market-place, was critically acclaimed, and took New York State by storm. Well, at least by rhetoric: In Governor George Pataki’s last State of the State Address, he stressed the need for New York to maintain its competitiveness with other States in the Union. Despite the fact that an on-time budget was passed that year (which is quite rare in New York), however, Pataki acquiesced to the democrat controlled Assembly’s bloated budget proposal, which increased spending on-top of Pataki’s much generous executive budget, and forced many businesses to leave the State in search of a better tax climate. The Legal World is FLAT By Dan Aiello Mr. Friedman stressed the fact that through technology, commerce will travel across the globe in search of cheaper labor and more efficient means of producing work-product. The only way to compete with outsourcing, is for Americans to continuously update their labor skills creating more demand for us, instead of the Chinese or Russians, because anyone, anywhere, can compete for a job. All you need is some basic skills and a laptop with internet connection. The world, according to Mr. Friedman, is ―flat‖ in terms of how globalization has leveled the competition between countries, and I would like to add, States, here, in America. All businesses need is incentive to leave, and they are the best equipped to pick-up and go elsewhere, whether altogether, or outsourcing labor that is too costly in the U.S., or too costly in the State they’re in, i.e., insourcing. During the same time, Massachusetts, formally known as Taxachusetts, experienced an increase in population thanks to a flat-tax, which is a flat rate tax on income, i.e., one marginal rate that everyone pays despite the size of one’s income. So, while New York toys with a progressive tax that increases when taxable income increases, essentially breaking down the will of businesses to work here and hire here, the State will continue to lose businesses and jobs. If there’s less people in the State, the already high tax burden is increased and borne by the people who still live here and are trying to work here. In essence, Pataki and his successors abandoned Mr. Friedman’s concepts and the consequences are reflected in the New York Public Policy Institute’s State Competitiveness Index, which ranked New York dead-last in fiscal policy, and, TA-DA: number 38 in competitiveness. Massachusetts is ranked number 2, because they out-competed New York and are reaping the benefits from a healthy private sector. What does this mean? Since New York State’s job growth is way below the national average, the businesses that are still in New York are experiencing a higher tax burden, because the progressive tax rate increases to compensate for the lost business revenue, and since Wall Street is in deep fiscal doo-doo, the increase is even higher. So high is our budget shortfall this year, the Federal Government has earmarked a $44 billion dollar bail-out. The Feds will think of creative ways to recoup that money, don’t you worry. Just today I read that the Transportation Secretary wants to tax people on how many miles they drive using GPS tracking devices on cars. Taking’s violation? When Assemblyman Michael Fitzpatrick, one of the most gifted members of the legislature, recommended that I read Mr. Friedman’s book, I did. At first I See Flat World · Page 3 Passing the Buck: How the Administration made its Financial Crisis Our Problem $25.25 By Jonathan Pollard It does not need to be said, but these are dark economic times. Foreclosures, unemployment, layoffs, and bankruptcies are all up and so-called experts only expect things to get worse. What’s more, there’s still uncertainty regarding whether the Obama administration’s $1.2 trillion stimulus plan will indeed stimulate the economy. And with the failure of seven banks so far in February 2009 and six in January, it’s reasonable to wonder if people will be able to get loans again and be able to service them. In keeping with the Facebook craze of telling people 25 random things about yourself, here are 25 things for you to do or know about finance to shield yourself from economic tsunamis like this one, not just for this year, but forever: By Emily Catalano egc3@buffalo.edu A good friend once told me, ―Money’s tight!‖ And lately, that phrase rings more than true. As a 1L, I’ve learned that law school is tough—not only on your sanity but also on your wallet. Digging my way through a mountain of Westlaw printouts doesn’t leave much room for a part-time job. And some way, somehow, weekly bar nights always see me spending more than the $5 entry fee. UB’s announcement of the SUNY tuition increase this semester, then, came as an unpleasant shock to many law students paying their way through school while trying to maintain their pre-law school lifestyle. 1) There’s a great video that exists called Money as Debt. (You can view it at the following URL: http://www.youtube.com/watch?v=cy-fD78zyvI) It describes in detail, but simply, the origins of the modern day Western banking system. By understanding our banking system, we can ensure that crises like this never take place again. Yes, there were predatory bankers and other greedy individuals who gave loans to people who could not afford them for the former’s profit. However, I believe we should enter a new era of responsibility and live beneath our means and constantly try to expand them, as opposed to living above our means. This semester, the University at Buffalo and the entire SUNY system implemented new tuition rates that only add to students’ financial struggles. Law students’ tuition has increased by $935 for New York state residents and $2,130 for non-residents. These increases bring in-state tuition to approximately $15,070 and out-of-state tuition $24,260. These increased tui2 tion rates will remain in effect for the Attorney General 3 2009 and 2010 academic years. Debt Addiction infra Around UB Law More Debt Issues UGrad v. Law School Terrorist Africa 2) What is a stock? A stock represents ownership in a company. Before the advent of the internet, a share of stock was indicated by a certificate that was sent to you by the company you owned. A stock’s price generally moves higher as a company earns more. A company sells stock to the public (i.e. ―goes public through an IPO or Initial Public Offering‖) in order to raise money to grow. In exchange for your money, a company gives you the opportunity to partake in their stream of profits. 6 In the face of a serious financial crisis, SUNY’s tuition increase is part of a 7 plan to balance the state budget. Between 80 and 90 percent of the funds 8 generated by the tuition increase, 8 See Tuition Increase · Page 4 See Money · Page 5 1 �The Opinion law.buffalo.edu/orgs/opinion February 2009 The Empire Strikes Back: Attorney General Outlines Proposal for Government Reform By Danielle M. Restaino New York State Attorney General Andrew Cuomo visited UB Law School in February to present his proposed legislation to reform local government. Speaking to a packed two floors of the Charles B. Sears Law Library, Mr. Cuomo suggested a need for change in the structure of New York State’s over 10,000 governments. In the midst of a statewide economic crisis his proposal would allow local governments to be reorganized, much like a private corporation might. Instead of raising taxes and cutting services this proposal would realize the financial straits New York is in and use reorganization as a tool to bring expenses down throughout the state. A reorganization of governments would consolidate services that overlap and save the taxpayers’ money. Specifically, the Attorney General’s proposal would first repeal the antiquated laws that make it near impossible to restructure county, city, town, village governments, as well as schools, authorities and special districts. It allows elected officials at the county or town and village levels to propose the reorganization of their local governments. Most interestingly in this legislation, citizens are also empowered to initiate the process of reorganization by securing 5,000 signatures on a petition. If this is accomplished the local governing body must reorganize in one year or a court appointed monitor will be brought in to do so. This legislation truly empowers the taxpayer to participate in the process of finding ways to make the state, and more importantly their communities, run more efficiently. One thing that ran through the Attorney General’s presentation was a contagious optimism in the potential for change that really can take place in New York State. Although government reform may not be the sexiest topic to speak about or listen to someone speak about, the sense of necessity for some kind of integral change in the structure of government was apparent as well as a genuine feeling that this idea can really work. Local governments can be consolidated and reorganized so that instead of having several police departments, from several different local governments patrolling the streets of Erie County, maybe there’s only one department from one government. Then governments will have fewer expenses and citizens are released of an extra tax burden. In order for this idea to truly pay off though people need to be able to accept the changes that will be made. As Mr. Cuomo explained, what this legislation seeks to do is foster change in the bureaucracies that have been around forever. It is essentially trying to change the only system people have ever known, and that can be frightening. Citizens will need to understand that although there will be tough decisions to make it will only benefit New York in the long run. Change is always difficult for people to wrap their heads around, but it often presents enormous opportunity. That is what the Attorney General’s goal seems to be with this legislation: to bring opportunity back to New York by getting out of our own way so that communities can function and serve citizens in the most efficient manner. Throughout his presentation Mr. Cuomo made reference to the young, talented, legal minds that were in attendance, and it seems as no surprise that he would come to our law school to present this proposed legislation to the Western New York area. As a new generation of attorneys, many of us poised to take the Bar Exam and enter the legal profession in an unprecedented time of national and statewide economic uncertainty; this kind of issue, one that changes the rules of the game, may be exactly what we should be thinking about. This could be a great opportunity for many of us who are interested in local government to take the lead with an idea that shows true promise in making our state run more efficiently and benefit citizens at the same time. Our careers and futures can only stand to benefit from becoming involved at the outset of this plan to work towards restoring the communities and the people that have supported so many of us while we have been in law school in New York. The Attorney General’s proposal empowers individuals and localities to bring change to government that will aid in repairing our state’s economy. It only seems logical to embrace the opportunity we have as future lawyers and leaders, and as New Yorkers to move the Empire State towards a bright new future. The Attorney General’s Office At UB Law School Gary Baldauf Speaks to UB Law Students Gary Baldauf, from Attorney General Andrew Cuomo’s office spoke to Professor Mike Taheri's White Collar Crime class on Wednesday, February 18 about the Medicaid Fraud Control Unit. The Medicaid Fraud Control Unit (MFCU), the largest unit within the Attorney General’s Criminal Division, is the centerpiece of New York’s effort to investigate, penalize, and prosecute individual and companies responsible for improper or fraudulent Medicaid billing schemes. In addition, the MFCU is the only law enforcement agency in the state specifically mandated to investigate and prosecute abuse and neglect of residents in nursing homes, hospitals, and other facilities that provide care to unrelated adults. Gary Baldauf speaking to UB Law’s White Collar Crime Students Baldauf discussed recent Medicaid fraud cases in Western New York. He also talked about how the Attorney General’s office identifies and investigates cases of nursing home abuse and other instances of Medicaid fraud. Gary Baldauf answering questions with Professor Mike Taheri 2 �The Opinion The Opinion law.buffalo.edu/orgs/opinion -I America the Debt Addict By Seth D. Pullen spullen@buffalo.edu February 2009 Volume XLVI, Issue # 4 Editor in Chief: Anthony Leone, 2009 Contributing Editors: Eddie Gonzalez, 2009 Olga Vinogradova , 2009 Luis Segura, 2009 Danielle Restaino, 2009 Dan Aiello, 2010 Kristen Ng, 2011 Elizabeth Hersh, 2011 Adam Wynn, 2011 Jonathan Pollard, 2011 Taekyung Sung , 2011 Aditi Bhardwaj, 2011 Guest Editor Seth Pullen, 2009 The Opinion, 101 John Lord O’Brian Hall, Buffalo, NY 14260, is published by law students for law students. The Opinion is the non-profit official student newspaper of the University at Buffalo Law School, State University of New York. Any reproduction of materials herein is not allowed without the express consent of the Editorin-Chief and the piece writer. The Opinion welcomes your comments. Address your letters or guest columns to the Opinion Desk at amleone@buffalo.edu. All letters and guest columns must be signed. Include your full name, year, and email. Please limit letters to 300 words. Please limit guest columns to between 600 and 800 words. Submission of a letter or guest column constitutes an exclusive, worldwide, transferable license to The Opinion of the copyright in the material in any media. The Opinion retains the right to edit submissions for content and length. February 2009 Over the past few months, many 3L’s have discovered for themselves that the economic crisis is not just media hype. This really is a difficult time to apply for a job. NYC has always been the biggest job market for UB graduates, but right now competition for those jobs is intense, with laid-off attorneys competing for the same positions as prospective graduates. We all hope that the economy improves quickly, so we don’t have to join the growing ranks of the unemployed. Unfortunately, even President Obama says the economy ―will get worse before it gets better.‖ Everyone seems to agree that something must be done to improve the economy, but there is much disagreement over what that ―something‖ should be. Much ink has already been spilled to offer and criticize various ideas and suggestions, but I would like to share my own analysis of our current economic situation. This starts with the question, ―what went wrong?‖ This is often treated as a rhetorical question, but curiosity has spurred me to read numerous books and articles about international finance and economic cycles. The short, easy answer is that we had a real estate ―bubble‖ which collapsed due to overbuilding, predatory lending and speculation. The deeper reason is that our society became overly reliant upon easy credit to spur an unbalanced economy, and that credit is now unavailable. In other words, America is addicted to debt, and we are now going through withdrawal. Let me give an oversimplified history of how we became debt addicts. In the 1950’s America was a manufacturing powerhouse that exported a far higher value of goods than we imported. Much of the world was recovering from the devastation of the Second World War, and we provided many nations with both consumer goods and the machinery to rebuild their own factories and industries. In an effort to help these nations recover, and to prevent them from moving towards Communism, the United States provided not only military security, but a favorable export market for their goods. This assisted Europe and Japan to regain prosperity. In the 1970’s, relations with China were normalized and it entered this trade market. Since the collapse of the Soviet Union, most of the world has been included in this global free trade, often referred to as ―globalization.‖ Globalization has the effect of enabling manufacturers to produce goods wherever labor is cheapest, and to sell those goods wherever demand or price is the highest. This is great for American consumers, who can now buy a huge variety of goods for less than ever. However, it is bad for American workers, who are now in competition with every worker in the world, many of whom are desperately poor and unemployed. As American consumers bought more goods from overseas, the trade surplus gradually became a trade deficit, which then grew. For decades, America has spent hundreds of billions of dollars more on imports than we have earned on exports. How can we spend more than we earn? We borrow the money back in the form of bonds and investments. In the words of the late financier and economist Sir James Goldsmith, we ―export jobs and import debt.‖ The Opinion does not endorse any of the viewpoints and opinions stated within its pages. Much of the current debate seems focused on who can be blamed for the problems we now see. There is plenty of blame to go around, including banks, regulators, lawmakers and even consumers. Many of the creative financial instruments now considered ―toxic assets‖ were essentially efforts to provide the American economy with the credit it needed. That supply has dried up, and now the politicians are trying to find was to restart lending and restore credit. Articles and pictures are for the express use of The Opinion and The Opinion claims no copyright privileges to the articles, work and photographs used in the following pages. To continue with the addiction metaphor, this sounds an awful lot like giving the economy methadone to prevent the painful symptoms of withdrawal (in this case rising unemployment, bank collapses and foreclosures). Even if it succeeds, a fresh supply of credit won’t fix the trade imbalance, nor will it restore America’s lost manufacturing jobs. This crisis has given us an opportunity to accept the pain of withdrawal, both collectively and individually, in order to break our debt addiction. Some of the president’s proposals, such as creating ―green‖ manufacturing jobs based upon energy innovation, and investment in durable infrastructure, seem like a step in the right direction. Other efforts to provide cheap government loans (with funds borrowed from overseas) to banks, manufacturers and homebuyers, seem like stopgaps that may perpetuate the credit problem. We all need to demand policies that address the long-term health and stability of our economy—not just the short-term financial pain we are experiencing right now. Otherwise, we will remain debt addicted, and may get to experience this crisis all over again in a few years. Flat World· from Front Page was skeptical, because I remembered what my favorite political science professor and local political analyst, Stanley Klein, said about economists: he said (this is not verbatim), ―The only thing economists can agree upon, is that they disagree. What kind of career is that?‖ And I still laugh at that observation, because my buddy who was econ. major is working for Boar’s Head. Sorry, Ryan. But, nonetheless, the book changed the way I think about the world as it exists today. I never thought it could affect the legal/professional world I was about to enter, until last term when I picked up a free copy of USA Today and read an article on legal outsourcing. Legal work is being outsourced to India. Work that is usually reserved to paralegals and first-year associates, like researching cases and statutes, managing contracts, and preparing legal documents, like foreclosure agreements, is being performed by Indian lawyers. Legal work that costs upwards of $125 dollars here, costs $25 dollars there (per hour). For financially-strapped law firms, especially in New York (thanks, SmithDehn), let’s not kid ourselves, outsourcing is a viable option. The ABA hasn’t said much on the topic except that U.S. attorneys must supervise foreign attorneys doing U.S. work. Okay. According to the USA Today article, legal outsourcing is a $3.05 billion dollar industry. So, this is, by no means, small peanuts. As a 2L, this hits me and my fellow law students right in the no-no button. What can we do? We can start by lowering our expectations for paid internships with private law firms, considering the state of the New York economy and the availability of cheap Indian paralegals. I feel that, upon entering the real-world and prior to passing the Bar Exam, we are in no position to demand a salary. If you are fortunate to receive a paid job, don’t let your employer forget that you are grateful. To me, and I’m speaking from my many unpaid work experiences, if you show a potential employer you are willing to work hard for no money or meager money, it’s implied that you will work even harder for a decent salary. As potential attorneys we need to be vigilant regarding legal outsourcing. We can’t afford to be spoiled U.S. law students either. We need to find a way to separate ourselves from the rest, whether it’s a law student from Yale, Cooley, California, or the Balkans. Learn a different language, get a unique degree, join the Coast Guard, because there are people out there hungry for our legal jobs. Get on your war-paint like Mel Gibson in Braveheart, because it’s Go-Time. In any event, get ready to tell the loan repayment people that you need an extension repaying your debt. 3 �The Opinion law.buffalo.edu/orgs/opinion February 2009 Tuition Increase· from Front Page which is estimated at $140 million statewide, will most likely be retained by the state to counteract the cuts incurred by SUNY in this year’s budget. Students, then, are paying more and getting less, because their hard earned (or loaned) money will hardly be put back into their education. This increase seems a lot like a tax on middle class families and students, who will see little to none of their money in University improvements. The last tuition increase for SUNY students was in the 2003 to 2004 academic year. Past school years have been characterized by long periods of no tuition increase, with large sporadic increases whenever the state is in a budgetary crisis. I don’t know about you, but I’m not a big fan of surprises. These unpredictable tuition hikes are less than convenient for students, who would benefit from a system of small, predictable increases instead. These increases are not only substantial, but they come mid-semester, affecting the loan coverage of some students, who could be forced to pay the extra money out-of-pocket. Absorbing the costs would be difficult for anyone, but asking students who are already struggling financially to go through the process of finding a larger loan could be the last straw that leads them to jump off the roof of O’Brian. ―As a first year law student, adhering to a strict budget is essential to me. Taking a $900+ hit by way of a tuition increase is like having my car break down or finding out that my rent doubled for the month,‖ Jac Niejadlik, a 1L said. He added, ―I imagine that for outof-state students the burden is just that much more aggravating.‖ Different sectors of the University are not sharing the financial burden equally, either. Undergraduates will see a $310 increase for in-state students and $1,130 increase for out of state students. The increases for professional programs are: MBA, $505 and $1,210; medical, $1,135 and $3,570; dental, $1,150 and $3,460; pharmacy, $975 and $2,525; and physical therapy, $810 and $1,950, respectively. SUNY is known for its extremely affordable tuition that gives a wider range of people an opportunity to attend college. These increases not only alter the ―SUNY reputation,‖ but also make it less likely that low-income families will be able to send their kids to college, because they can’t make the payments, or perhaps even just for fear that another unpredictable increase will hit them mid-semester, as this one has. Annual tuition increases might also see colleges becoming less creative in their revenue raising tactics. Other sources, such as philanthropy and public-private partnerships should be some of the first areas explored, before a University taxes its students to compensate for a financial crisis. Overall, this tuition increase comes at a most inconvenient time— most of us are floating in the gray area between our irresponsible undergraduate days and the financial realities of adult lives. If a tuition increase is the only solution to a more general economic crisis, then such an increase should not come in the middle of a school year, we should be able to see most of our money in University improvements, and the financial burden should be shared evenly by all students. ―Now they don't have to worry about coming up with the money, we do. If we can't, we drop out of school with half a degree and a mountain of debt that we can't pay back, because how can anyone get a job with half a semester's worth of law school?‖ Brian Sadonis, a frustrated 1L said about his increased bill. Perhaps dropping out of law school would be extreme. From now on, though, it’s safe to say that students will be sticking to the dollar menu and returning their empties at Tops without shame. After all, money’s tight. Opinions and Commentary Somalia · from Back Page transactions. The most prominent group in Somalia is the Al Ittihad Al Islamiya, which is a radical Islamist group believed to be associated with Al-Qaeda. Somalia’s status as an impoverished state makes it very susceptible to the operation of terrorist groups from inside the country. Extreme poverty conditions and unemployment are rampant throughout the country, making resentment towards the rest of the world notable. Somalia is the prime example why a weak and impoverished state is susceptible to terrorism. The problems that contribute to Somalia’s lawlessness lays mostly in the fact that Somalia, like many other states in Africa, are clan-based. Because of a lack of central government, clans are pitted against each other in a Hobbesian sort of world. In effect, struggle for power is the underlying problem in this country. Much of the unrest and fighting within Somalia come from domestic groups that are of no concern to vital U.S. interests. Somalia is made up of mostly clans who fight amongst each other because there is lack of control. This is called warlordism, which is not terrorism. In this present day, it may seem as if US counterterrorism efforts are backfiring in Somalia. ―Few Somalis believe there are terrorists in their country, and many regard the American-led war on terrorism as an assault on Islam‖ (International Crisis Group, 2005). The main question that we come to regarding Somalia is whether there is cause for concern that terrorism is taking over this country. Many scholars debate this issue, and some have come to the conclusion that there is no need for concern. Al Ittihad seems to be the only link to Al-Qaeda, and even that relationship is weak. Even if the US is concerned with Al Ittihad’s link to Al Qaeda, evidence of this link is not strong enough. ―In fact, the bulk of Islamist ―terrorist‖ organizations in East Africa are those that originated in the area and operate with a regional agenda. Many of these groups existed before al-Qaeda attempted to organize them into a loose hierarchy, and so far these local groups have not become deeply entrenched in the al-Qaeda network‖ (Piombo, 2007). The US government currently believes that Somalia supports terrorism and that Al Qaeda is using Somalia as a base to operate in order to attack US targets, but this may in fact be false according to the information found by scholars. Another main concern of Somalia is its large Muslim population. It is interesting to see that scholars are not too concerned with this factor, stating that this might actually be a stabilizing factor in helping the reestablishment of a peaceful Somalia. Some suggest that the Muslim population should not be seen as a negative influence; instead, it should be seen as a positive and stabilizing influence. Others believe that Somalia is too inhospitable to terrorist groups. The Council of Foreign Relations seems to believe that Somalia is inhospitable to Al-Qaeda groups by simply being Somalia. ―First, while Somalia is about as big as Afghanistan, its landscape lacks Afghanistan's many natural hiding places. Second, Somalia is a more secular society where Taliban-style fundamentalism is unfamiliar. Third, Somalia’s pragmatic, secular local authorities are well aware of the multimillion-dollar U.S. bounty on the heads of alQaeda leaders‖ (2005). These facts make it hard for the US to justify a war on terror on Somalia. 4 �The Opinion law.buffalo.edu/orgs/opinion February 2009 Money· from Front Page 3) What is a bond? A bond is a debt instrument that a company sells to the public in order to secure money to expand and run daily operations. With a bond, in exchange for your money, a company pays you a certain amount of interest every quarter (three months). If a company goes bankrupt, bondholders have a claim on the company’s assets before stockholders. 4) Your FICO score: Your credit score, also known colloquially as your ―FICO‖ score affects everything from whether or not you get a good interest rate on your home or auto loan to whether or not you can even get a cell phone. Employers also look at it to determine what type of employee you’ll be. Know it! 5) Write down a financial goal for yourself. Everybody has their own needs. You might want to be a billionaire. You might want to be a millionaire. Some people just want to be ―comfortable‖. Whatever you want though, be specific about it, as in ―$240,000‖. And make sure you have a date written down as to when you would like to have your desired amount. 6) Figure out your money profile/relationship with money. By that, I mean discover whether or not you hoard money, you think you’re bad with it, you think there’s never enough of it or if you think you handle it well and want more of it. 7) Create a budget. It’s impossible to save, and therefore impossible to invest, if you spend all of your income and then some. Know where your money is going, or it’ll lead you to the poorhouse. 8) What is a mutual fund? A mutual fund is a highly regulated pool of money that is managed by a person who selects stocks and/or bonds to invest in with her client’s money. A mutual fund can consist solely of stock or bonds or both. 9) Give to a charity. When you give to others both in time and in money, you not only help those who really need it, but you open your hands to the universe and can thereby receive what you’ve given and then some. 10) If you want that $2,000 flat screen or that $500 bag, that’s ok. You can buy it. Just save up for it. It’s extremely important to treat yourself something nice after you’ve been responsible financially. 11) Learn a skill that keeps you in demand and keep up with advances in technology. 12) Or, if you don’t want to work for ―the Woman‖ or ―the Man‖, start your own business. 13) Find something that you enjoy doing. You’ll be more productive and thereby produce more income. It’s possible to become a millionaire doing any job that pays over $50,000 and in some instances, even less, with a longer time frame. 14) Be thankful. Know that what really counts is family and friends. What good will it do you if you have millions of dollars, but no one who wants to give you a hug? 15) Never place all of your money in one investment vehicle. If and when you get to a point in life where you have more than $100,000 in liquid assets, spread your money around at different financial institutions. The Federal Deposit Insurance Corporation only insures up to $100,000 at each bank and up to $250,000 for some types of retirement accounts. 16) How to calculate a monthly mortgage payment: Multiply the principal amount, let’s say $100,000 by (1 plus the interest rate) ^n, where n is the number of years of payments on the mortgage. Divide this number by the number of months you will be making mortgage payments (i.e. 240 for 20 years, 360 for 30 years). The quotient is your monthly payment. 17) Buy a reasonably priced home according to your budget. Owning a home has more value than that you own an appreciating (hopefully) asset. 18) What is a Roth IRA? An account that allows you to deposit $5,000 (2009 value; the yearly contribution limit goes up every year or two) in after-tax dollars and invest it in stocks, bonds, mutual funds, or real estate. You can withdraw your deposits tax free, and can use the Roth as a vehicle to save for a home, withdrawing up to $10,000 for a down-payment. However, any earnings that are withdrawn before 59 ½ are taxed like your normal income. A Roth is a good choice for people who think they will be in a higher tax-bracket later in life. It’s also one of the few breaks in the Tax Code for the little guy, so take advantage of it. 19) What is a Traditional IRA? Very similar to a Roth IRA, the Traditional allows you to deposit pretax dollars. When you withdraw the money at 59 1/2, you must pay income taxes on the earnings. 20) Read these four books about investing: Peter Lynch’s One Up on Wall Street, The Motley Fool Investing Guide, and Robert Hagstrom’s The Warren Buffett Way, Benjamin Graham’s The Intelligent Investor. 21) Develop multiple streams of income. Invest in the stock market and more particularly, stocks that pay dividends. Buy rental property. Don’t allow your job to be your sole source of income. 22) Treat your money with respect. Don’t just leave pennies and nickels at retail counters because you think they’re not worth anything. 23) Although most financial decisions for most people, myself included, are fraught with emotional valence, try to take the emotions out of your investing decisions. Not all of your financial decisions – just your investing ones. 24) When buying stocks, always – I repeat, ALWAYS – buy in segments. If you want to buy 100 shares of Apple stock (Ticker: AAPL), buy 25 shares at one price, another 25 at a lower or slightly higher price, and so on until you’ve acquired 100 shares. 25) This is an example of me cheating, but I’ll give you two in one. Never take a stock tip from anyone. As the old adage goes, ―Tips are for waiters‖. And if you’re looking for good stockpicking services, check out the following: theStreet.com, the Motley Fool website (www.fool.com), Vector Vest, and Morningstar, for a review of the best mutual funds. .25) I take my own advice, primarily because it’s not even my own, but wisdom I’ve acquired through reading and others teaching me. 5 �The Opinion law.buffalo.edu/orgs/opinion February 2009 Two Alumni Appointed by New York State Senate Majority Leader Malcolm A. Smith New York State Senate Majority Leader Malcolm A. Smith announced that he will appoint Shelley Mayer '79 as Counsel to the Majority, and Lourdes Ventura '98 as Counsel for Latino and Immigrant Affairs, among other appointments. "The transition is moving forward in an organized and timely manner," said Senator Smith. "New Yorkers can feel the utmost confidence in the quality of today's appointments. This is a diverse and highly qualified group of individuals, and in the coming days and weeks we will continue to appoint people of the highest caliber to fill positions throughout the Senate." Shelley Mayer served previously as Counsel to the Minority under Senator Smith, as well as Special Counsel to former Minority Leader Martin Connor. Prior to her work with the Senate she was an Assistant Attorney General for Shelley Mayer '79 12 years, under Attorneys General Robert Abrams and G. Oliver Koppell. Mayer was also the Vice President of Government and Community Affairs for one of New York's largest hospital systems, Continuum Health Partners. She received her Juris Doctor from the University at Buffalo Law School and Bachelor degree from California, Los Angeles (UCLA). Mayer and her husband live in Yonkers, where she was born and raised. Lourdes Ventura '98 Lourdes Ventura was appointed to the position of Counsel for Latino and Immigrant Affairs. Ms. Ventura previously served in the Minority Counsel's office under Senator Smith. Before her work with the Senate she was a prosecutor at the Queens County District Attorney's Office and also served as an Assistant Attorney General in the Civil Rights Bureau of the New York State Attorney General's Office. Ventura was an associate at the Long Island-based law firm of Ahmuty, Demers, and McManus and a former president of the Latino Lawyers Association of Queens County. She is a graduate of the University at Buffalo where she obtained her Bachelor of Arts, Master of Social Work and Juris Doctor degrees. Ventura resides in Queens with her husband and son. Around the Law School UB Law School Students Travel to Bosnia, Kosovo and Serbia Six University at Buffalo law students and their professor are studying how national law can help stabilize the chaos in countries struggling from war and civil strife during a four-week educational seminar to Bosnia, Kosovo and Serbia. Isabel Marcus, the UB Law School professor who organized the seminar and is accompanying the students, says she believes the trip is the first of its kind among any of the country’s law schools. Marcus, former chair of UB’s Department of Women’s Studies who has made numerous professional trips to these post-conflict countries working with human rights advocates, says the students — all in their mid-20s to early-30s — have impressed her with their interest and zeal for their upcoming experience. ―I believe that this program is an innovation in the school curriculum,‖ says Marcus. ―It allows students to study a subject intensively on site after spending a semester learning from books and documents. It also will show them how complex the issues of identity, nationalism and the rule of law are in a post-war zone like the region that was formerly Yugoslavia.‖ Professor Isabel Marcus ―The students have studied with me in an intensive seminar during the fall 2008 semester,‖ says Marcus. ―During their trip they will keep journals; upon their return they will write a research paper. ―In each country, their schedule includes discussions with law professors and students, representatives of different human rights groups, police officers and judges, journalists, religious leaders, cultural figures and a representative from the Ministry of Education in Kosovo where a new curriculum for schools is being developed.‖ Around the Law School Giving Now, Giving Later For one generous donor to UB Law School, the roles of alumna, advocate and mom made the decision to give an easy one. Margaret W. Wong '76, a prominent immigration lawyer with offices in Cleveland, Columbus and Detroit, has pledged $250,000 over five years in support for tuition scholarships. The gift comes in addition to a $500,000 bequest that she has written into her will. Wong, an enthusiastic member of the Dean's Advisory Council, notes that she went through law school on a full scholarship, after immigrating to the United States from Hong Kong in the late 1960s. "Without that scholarship, I would not be able to do what I do now," she says. "When I saw that the Law School had a shortfall because of budget cuts, I thought I would come in and help. I decided now is the time to pay back." Her five-year gift will be used in scholarship support for students who might not otherwise be able to afford law school, and to attract top students for whom scholarship aid can be the deciding factor in their choice of schools. Wong said she was inspired by Dean Makau W. Mutua's plan to make UB Law a Top 50 U.S. law school, a plan that includes further improving the quality of each incoming class of students. "I think he is an awesome dean and leader of the Law School," Wong says, "someone who broke the color barrier. It is good for all of us, and especially for a city like Buffalo, which is a very old city." "I am thrilled that she would be so generous to the Law School," says Lillie V. Wiley-Upshaw, vice dean for admissions and financial aid. "This additional scholarship aid will assist us in accomplishing some of the goals that Dean Mutua has set out, and still allow us to offer financial assistance to our students who are in need." For Wong, who built her business by word-of-mouth, in the early days handing out her business card on Cleveland city buses, the memories of her years at UB Law remain strong. "I love UB," she says."We were the first class to use the building on the North Campus – now they are already maxing out the space! Buffalo was an awesome school, and we were so proud to go there." And maybe even prouder that her daughter Allison T. Chan is now a student at UB Law, walking the same halls her mother walked all those years ago. Wong is an unabashed proponent of UB Law, saying that too often "we smile to ourselves instead of to the world outside." Margaret W. Wong ,'76, at the Dean's Advisory Council meeting. And as for her philosophy of giving, it is a simple one: "The more good we do for other people, the more good God gives us. One day if I am richer, I will give more." 6 �The Opinion law.buffalo.edu/orgs/opinion February 2009 Professor Lazar Examines the Causes, Solutions of the American Home Foreclosure Crisis Stuart Lazar, an associate professor in the University at Buffalo Law School concentrating in tax law, has expertise and insight into the new American nightmare: losing your home. Before he became a professor, Lazar was a tax lawyer representing both individuals and businesses in the tax planning process. Lazar – a homeowner and an investor in residential real estate – believes that failures in the housing market triggered the overall financial crisis; and that the general economy will never recover unless the downward spiral in real estate prices stabilizes. "None of the attempted solutions passed by Congress and the Bush administration has solved the problem," says Lazar. "And, in my opinion, none will until we deal with the housing problem. The government's attempts to address this portion of our financial difficulties have been, at best, modest. Whether they have any significant effect on the problem remains to be seen." UB: You've stated your strong belief that the current national financial crisis all began with a failure in the housing market. Can you Professor Stuart G. Lazar elaborate on what you mean. LAZAR: The current financial mess that we find ourselves in has its origins in an asset price bubble – an increase in housing prices – fueled by heavily leveraged loans in which borrowers put little or no money down to purchase real estate that they could not realistically afford; the creation of new kinds of financial innovations (such as mortgage-backed securities) that masked the true risk in the market; lenders that made loans without income verification (so-called "liar loans"); regulators who failed to regulate the banking industry, and a Congress that encouraged irresponsible lending (through the Community Reinvestment Act). All of the above factors have contributed to real estate markets that have become artificially inflated – especially the housing market, as home prices across the country increased each year. Prices rose faster than the fundamentals would have suggested – out of line with increases in household income and significantly above the rate of inflation. Typical of asset bubbles, there was an expectation of future price increases. This led to further price increases as individuals saw real estate as a no-risk investment. It also led to situations where individuals would borrow against these price increases in the form of refinancings and home equity loans. -UB: Sounds like a problem waiting to happen? -LAZAR: It was. An asset bubble is like a Ponzi scheme. Homeowners purchased or borrowed against their homes with the expectation that a future group of buyers would pay increasingly rising prices. When the economy began to slow, and prices stopped rising, new buyers were not there waiting to bail the existing homeowners out. Those who could not afford to pay mortgages that they never should have received in the first place began to default. This led to the beginning of a decrease in housing prices, which affected additional homeowners, leading to the current downward spiral. -UB: So, who is to blame? -LAZAR: Everybody. Borrowers who shouldn't have borrowed. Lenders who should not have lent. Regulators asleep at the switch. And legislators who allowed the crisis to occur, and had no plan to stop the crisis. Many people recognized that a bubble was being created, but no one acted to prevent it. The slower economy acted as the pin to puncture the bubble. -UB: As a tax lawyer, do you believe that the solution is found in our tax laws? -LAZAR: There isn't any one solution. However, Congress has attempted to use the tax laws to try to stimulate the housing market and help existing homeowners. -UB: How? -LAZAR: A couple of measures have been passed recently. One allows first-time home buyers a refundable tax credit equal to the lesser of $7,500 or 10 percent of the purchase price of a principal residence. The credit is available for qualifying purchases made between April 9, 2008, and July 1, 2009. For these purposes, a first-time home buyer is defined as a buyer who has not owned a principal residence during the three-year period prior to the purchase. For married taxpayers, the homeownership history of both spouses is examined. Only if neither spouse has owned a principal residence during such three-year period will the parties qualify for the credit. Ownership of a vacation home or rental property not used as a principal residence does not disqualify a taxpayer for the credit. The term "tax credit" is misleading, however, since it is required to be repaid. Home buyers will be required to repay the credit, without interest, over a 15-year period (at a rate of $500 per year) or earlier, if they sell the house (to the extent of any profit upon sale). Repayment does not begin until two years after the credit is claimed – so if the credit is claimed on a taxpayer's 2008 tax return, repayment begins on the taxpayer's 2010 tax return. When the home is sold, any credit not previously repaid must be repaid from the profit on the sale. If there is insufficient profit, the remaining credit amount would be forgiven. Since the credit is required to be repaid, taxpayers may think of this incentive more like a zero-interest loan than a traditional tax credit. In essence, Congress believes that fronting money to first-time home buyers will bring more buyers into the market. More buyers should lead to increased demand. Theoretically, this increased demand should help to increase – or, at the very least, stabilize – home prices. -UB: How can eligible taxpayers claim the tax credit? -LAZAR: Taxpayers that qualify claim the credit on their federal income tax returns. And the credit is refundable – meaning that taxpayers owing less than $7,500 in federal taxes will be entitled to a tax refund for the difference. Taxpayers that qualify for the credit as a result of a home purchase in 2009 can accelerate the credit by treating the purchase as occurring in 2008, and by claiming the credit against their 2008 tax liability. This gives taxpayers the ability to determine when the credit would yield a larger benefit. -UB: Are there any limitations on taking the tax credit? -LAZAR: There are, both in terms of the amount of the credit and which taxpayers can qualify. First, the full amount of the credit is available to single or headof-household taxpayers with a modified adjusted gross income of no more than $75,000, and married taxpayers with a modified adjusted gross income of less than $150,000. The credit is phased out by $375 for each $1,000 by which the taxpayer's modified adjusted gross income exceeds such limits. As a result of this limitation, single or head-of-household taxpayers with a modified adjusted gross income of $95,000 and above, and married taxpayers with a modified adjusted gross income over $170,000, are not entitled to any tax credit. Second, the credit is limited to 10 percent of the qualified purchase price. Taxpayers that purchase a home for less than $75,000 will be limited by this percentage limitation. -UB: The first-time buyer credit helps buyers. What about existing homeowners? -LAZAR: Two new tax provisions help existing homeowners. As a general rule, debt that is forgiven or canceled by a lender must be included in income on a taxpayer's tax return. However, the Mortgage Forgiveness Debt Relief Act of 2007 has a provision that allows taxpayers to exclude from income amounts realized as a result of modification of the terms of a mortgage or a foreclosure on a principal residence. The act only applies to debt taken out to purchase or construct a principal residence, not to home equity debt. The intent of the act is to help those taxpayers who have lost their home, or to help those taxpayers able to renegotiate with their lender in order to keep an existing home. Combined with another bill passed in 2008, mortgage debt forgiven from 2007 until 2012 will be excluded from income. Second, as a general rule, state and local property taxes are only deductible when taxpayers itemize their tax deductions. However, beginning with the 2008 tax year, a new standard deduction of $500 ($1,000 for married taxpayers filing jointly) will be available for these taxes. -UB: OK, Professor Lazar, is there anything that taxpayers need to know about these new provisions? -LAZAR: As with all tax provisions, there are limitations and exceptions to the rules stated above. Taxpayers wishing to learn more about these provisions should consult their own tax advisers or may receive additional information at the IRS Web site (http://www.irs.gov). -UB: So, will these tax provisions "fix" the housing crisis? -LAZAR: In my opinion, not by a long shot. These provisions will make a difference for some taxpayers, but more work needs to be done. Congress needs to provide further incentives for home buyers and investors, and find a way to get banks lending again. In addition, much more is needed to help existing homeowners. Remember, that even with foreclosure rates at these historically high levels, and even more taxpayers going into default on a daily basis, approximately 95 percent of all mortgagees continue to make their mortgage payments on time. For government action to have any significant effect, Congress will need to provide a stimulus to incentivize these responsible citizens to continue to carry out their contractual obligations with their lenders. That, however, is an entirely different conversation. The University at Buffalo is a premier research-intensive public university, a flagship institution in the State University of New York system and its largest and most comprehensive campus. UB's more than 28,000 students pursue their academic interests through more than 300 undergraduate, graduate and professional degree programs. Founded in 1846, the University at Buffalo is a member of the Association of American Universities. 7 �The Opinion law.buffalo.edu/orgs/opinion February 2009 I had always envisioned that first day I walked into the Law School building, there would be bright heavenly lights, angels singing, and possibly even a parade to celebrate my accomplishments. I imagined that even on that first day, I would experience some sort of out of this world transformation like when the Little Mermaid grew legs in place of her tail, or when the Beast transformed into a handsome prince. Undergrad v. Law School: A Few Thoughts By Elizabeth Hersh elizabethersh@gmail.com Needless to say, none of these things happened. As someone who came to law school right from undergrad (UC Santa Barbara, 9 th biggest party school according to the Princeton Review, of which I am very proud), I had quite a few expectations about Law School and most have been completely wrong. As first year student Jac Niejadlik pointed out, the similarities between undergrad and law school stop at the educational setting (a classroom), and the routine syllabus. Most of the academic differences are pretty self evident. Let us begin with the Socratic Method. Whether a professor designates sections or rows to call on, I tend to spend many classes in fear of being selected. I turn hot pink and I get kind of sweaty, and no matter how well I understand the reading, I am anxiety stricken but at least not as stricken as Timothy Bottoms from ―The Paper Chase.‖ To be honest, I think some teachers smell the fear, and enjoy the torture of the Socratic Method while other teachers use it more as a way to keep students on task. I do not remember if I was ever called on randomly in undergrad; perhaps in a small discussion section but never in a lecture. This is probably why I sort of did the reading, because I knew no one was going to ask me about it, and I could usually squeeze things in before midterms and finals. Which reminds me, about midterms, where have they gone? Unfortunately, or fortunately depending on your study habits, midterms seem to be a thing of the past. Personally, I enjoyed the extra grade padding, or at least having a way to gauge my academic performance, but now there is no real indication for how a class will turn out grade wise. While I kept up with the reading and some outlining for most of the first semester of Law School, I still found myself spending a good three weeks in the library before finals from about 9 to 9 every day of the week. I had a bad case of cabin fever by the time finals rolled around. Luckily I had a good buddy to keep me company, and we got through finals, one unhealthy snack at a time. And even after all the studying, I still was not sure how my grades would turn out. In undergrad, I knew what grade my efforts would result in; very rarely was I surprised. The notion of homework is also quite a bit different in law school than it was in undergrad. In undergrad I felt that I had a lot of busy work; pointless readings and pointless assignments that I still had to turn in by a certain date. As for the reading, it usually took a back seat to more pressing social activities. In law school, there is no busy work. No, no one will check on you if you do not do the reading, but you will look like a dunce if you are called on and did not do it, and if you have not done any of it towards the end of the semester, you better have an awesome supplement that you have been following along with (I highly recommend Legal Lines when available). I also remember looking at my first reading assignment for torts and thinking, only 30 pages? That is nothing. Oh boy, was I wrong. 30 pages can take what feels like 30 years to read because I actually have to try and understand the material this time around…30 pages in undergrad was a laughing matter. Bottom line: in undergrad you could miss class, and get away with not doing too much until immediately before the final. In law school, you actually have to do your work. I am assuming that is what the real world is like as well, but I will save that for another discussion. The social interactions of law school are just weird. As many of my friends pointed out, we have essentially resorted back to a high school like social atmosphere, right down to the lockers. Everyone said that law school would be really cliquey, which I did not really believe until a friend pointed out that I do not realize it because I am in fact in one of the cliques. But to be fair, I do think a lot of the cliques do intermingle within their own section, and between sections as well. So yes, things are cliquey, but people become friends with people they have things in common with. I do not see the law school cliques at UB as a negative thing, just a natural social progression. But boy, is law school gossipy. I tried to stop at first, to be above the gossip, but it is so darn fun. Why? Well law school gets dry at times and talk of who hooked up with who or, who did not ―drink responsibly‖ at the last bar night, is a much more interesting topic of conversation than Rule 68 in Civil Procedure. Plus, there are only some 200 of us so it is really easy to learn all the juice. I would also like to point out the manifestation of an important concept known as ―Law School Goggles.‖ Yes, when we first arrived at orientation there a few men, or women we all probably found attractive… when I say a few I really mean no more than three. Now, however, people are starting to look a lot better, and yes I am completely sober when I say this. Speaking of sobriety, a lot of people told me that I would party or go out about once a month in law school. This sort of became true toward the end of the semester, but the law school student organizations sponsor happen to offer bar nights every week; how is a first year supposed to say no? I would like to think that I got most of my craziness out in undergrad so one night a week of partying is fine for me, but I know a handful of people that do two or three nights and still get great grades. I admire those of you that can accomplish such a task. I know that a lot of people did not come to law school straight from undergrad, and many people’s undergrad experiences were completely different than mine, but these are just my own musings. But, it is probably shared by others as well. I guess the law school transformation is more like Jedi training. It takes time, work, and experience to use The Force rather than a sudden transformation like Pinocchio turning into a real boy. Someday, I will hopefully transform into a great lawyer, or Jedi Master, whichever comes first. Is Somalia the New Terrorist Hot-Spot? By Kristen Ng Since the attacks on September 11, 2001, the United States government has increased its efforts in its counterterrorism programs in an attempt to provide safety and security for its citizens, domestic and abroad. The continent of Africa, particularly states located in the Horn of Africa, has become an area of interest for counterterrorism efforts. Countries like Somalia, which is considered a hotbed for terrorist training camps and recruitment centers, are targeted for their close ties to Al-Qaeda and for its large Muslim population. Africa has long been known as an unstable continent, slow to develop and slow to prosper due to its lack of effective government sand impoverished status. It has long been known that collapsed and undeveloped, and therefore unstable, states are more prone to security concerns such as instability, riots, crime, disease, and terrorism. According to President Bush, ―poverty does not make poor people into terrorist and murderers. Yet poverty, weak institutions, and corruption can make weak states vulnerable to terrorist networks and drug cartels within their borders‖ (Center for Global Development, 2002). Somalia has all of these qualities that makes it attractive to terrorists. However, this brings us to beg the question, is Somalia actually a threat to U.S. security interests? The answer would be no. Somalia is a state plagued with many problems, from extreme poverty to the current problem of piracy. Somalia is a state that is of utmost importance to the United States because the US believes that Al-Qaeda is planning to reside in the country and operate from it. ―Somalia is in anarchy, riven by competing warlords and a haven for Islamist militants‖ (The Economist, 2007). Somalia is a state that the United States has not been able to partner with nor establish any diplomatic ties with. Because Somalia has long been suspected as a state harboring AlQaeda terrorists whose primary goal is to destroy the West, the United States has concentrated its efforts on the states that surround Somalia, as seen from previous analysis. Somalia is a collapsed state with no national government. Somalia has been without a central government since 1991. Instead, the southern half of the country is ruled by the Islamic Courts Union, who see themselves as radical Islamists. Somalia is also about 99% Muslim. Al-Qaeda is suspected of having a base in Somalia because of its ―unpatrolled coastline and hundreds of unmonitored airstrips, facilitating untracked movement of foreign jihadists and illicit business See Somalia · Page 4 8 � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Opinion, 2009-02 Date Issued Date of formal issuance (e.g., publication) of the resource. 2/1/2009 Bibliographic Citation A bibliographic reference for the resource. Recommended practice is to include sufficient bibliographic detail to identify the resource as unambiguously as possible. 46 4 Publisher An entity responsible for making the resource available UB Law School State University of New York at Buffalo Law School Language A language of the resource eng Type The nature or genre of the resource Newspapers Text Is Part Of A related resource in which the described resource is physically or logically included. LIB-LAW003 Rights Information about rights held in and over the resource <a href="https://rightsstatements.org/page/CNE/1.0/">COPYRIGHT NOT EVALUATED</a>. The copyright and related rights status of this Item has not been evaluated. Please refer to the organization that has made the Item available for more information. You are free to use this Item in any way that is permitted by the copyright and related rights legislation that applies to your use. This digital collection is made available for research and educational purposes. Researchers are responsible for determining copyright status, and securing permissions for use and publication of any material. Copyright for items in this collection may be held by the creators, their heirs, or assigns. Researchers are required to obtain written permission from copyright holders and the University Archives prior to reproducing or publishing materials, including images and quotations. For inquiries about reproduction requests and permissions, please contact the <a href="http://library.buffalo.edu/archives/">University Archives</a>. If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/c4328a7158dc89cadb97a472223b7c3c.pdf 8d8425cf78b92e170603e5340b6fb10f PDF Text Text The Opinion THE OPINION UB Law School 101 O’Brian Hall Buffalo, NY 14260 http://law.buffalo.edu/orgs/opinion Vol. 46, Issue 3 The Student Newspaper of the University at Buffalo Law School November 2008 November 4th was a great day for me…not only was it 65 degrees and By Elizabeth Hersh sunny in Buffalo, but more importantly we welcomed a different president with a new vision for the country. However, as a California resident and voter, I had to wait until November 5 th to find out the results of the 12 ballot propositions Californians were able to vote on in addition to their presidential selection. Proposition 8 entitled, “Eliminates Rights of Same Sex Couples to Marry- Initiative Constitutional Amendment,” was one of these measures. Prop. 8 put forth the “California Marriage Protection Act,” which required the adding of 14 seemingly simple words to the California Constitution: “Only marriage between a man and a woman is valid or recognized in California.” America Moves Forward and California Steps Back with Proposition 8 Like many, I consider Californians to be moderate and somewhat liberal in recent years. Therefore, to my surprise, Prop. 8 passed with 52.5% voting yes, and 47.5% voting no. In 2000, Californians passed Proposition 22 which also prohibited the recognition of same sex marriages, however, the California Supreme Court struck down the decision stating that Prop. 22 violated the equal protection clause of the California Constitution. Since this decision in May of 2008, approximately 18,000 same sex couples have wed in California. Over seventy million dollars were spent supporting and opposing Prop.8, and the public was influenced by television ads and literature from both sides. As a result, I believe that California voters were confused over what a yes or no vote actually meant. Proponents of the proposition outlined several major arguments in the California voter guide which they distorted and altered into factually false, yet somehow palatable reasoning in favor of the proposition. They argued that the amendment only seeks to restore the “original” definition of marriage, overturn the “outrageous” Supreme Court decision regarding Prop. 22, protect the education of our children, and finally, proponents say the amendment is not designed to attack “gay lifestyle” or take away from California domestic partnership law which gives same sex couples almost the same rights as married couples. Essentially, a “yes” vote meant that you supported what these 14 words said. I will first tackle the argument that proponents of Prop. 8 seek to return marriage to the way it has been understood throughout human history. To this I must ask, which definition in human history? There have been times throughout history when only nobility could wed, marriages were arranged by parents, interracial marriages were prohibited. Fortunately, we are somewhat more tolerant these days. Defining marriage so it can only exist between a man and a woman, should also be a definition that is no longer applicable. Americans hold their freedom of choice in the highest regards, so how is it then that one group of people can determine the rights of another group, particularly the right to marry? The right to marry is just that, a civil right. Opponents of Prop. 8 argue that to deny this right is to say that certain people are not equal to others, much like other “traditional” definitions of marriage did. The next argument the proponents of Prop. 8 put forth is that the California Supreme Court made an “outrageous” ruling against the will of the people when they overturned Prop. 22. The public sometimes needs to have a better understanding of the fact that the Supreme Court of California‟s role is to determine what is just and if this turns out to be the popular decision, great, and if not, tough. The California Supreme Court has a long history of controversial decisions, and no one could ever say they were all correct, however, history would never change if decisions were always made when clouded by personal bias. The California Supreme Court had to make a decision free of religious or cultural persuasion. They looked at marriage as a civil right, which is how it should be viewed, and decided that to deny this civil right was a denial of equal protection. The third argument stated that Prop. 8 is necessary to protect the education of children. Because the education of children is such a sensitive subject, this was by far the most compelling argument, though it was also the most factually incorrect. In protecting education, proponents are referring to health and sexual education which almost all California schools provide. Currently, if teachers include marriage in their instruction, they must teach a general respect for the institution. Proponents feared if Prop. 8 passed, teachers would have to tell their students that same sex marriages are just as legitimate as marriages between a See Proposition 8 · Page 2 “Things I’m not thankful for this Thanksgiving” So’ Change,’ but what does that mean to the rest of the world? By Dan Aiello By Tae Kyung Sung Barack Obama's victory certainly seem to have touch the hearts of many, making even Oprah Winfrey cry on the shoulder of "Mr. Man." I‟m not thankful for sharing our law library with undergraduates. I understand that UB is a public university, but why do undergraduates (when the have their own libraries in Capen Hall and Lockwood), feel they need to study amongst the United States Code? In a modern world, when you matriculate to a law school, you‟ve earned the right to have your own library. In the law school I‟ve transferred from, and every law school I‟m familiar with (besides UB), the law libraries are filled with law books and law students, coffee, and No-Doze. No undergrads. There‟s a real problem here: Space is limited for law students. When I‟m researching an assignment or working on a cite-pack, I need to pull a N.Y.2d or a New York digest and go to the closest available table to get my work done. That table, almost always, is taken, and not by another law student, but by an undergrad. Even the 6th floor offers no solace. I have to admit, that his first speech as president-elect, though maybe not so on par with the 'I have a dream' speech, was pretty emotional in carrying out the message of 'hope' and 'change.' And the word 'change' is spreading like swam of locust on invasion; it is what anybody who's anybody is talking about today. Change usually carries with it a positive note, but when riddled with politics, especially one of foreign politics, perhaps not so merry and cheery. As the man himself admits, there are "alliances to be mended" when it comes to America's relationship with the rest of the world. There seems no need for any official quotation in saying that on some crucial issues, such as free trade, climate change and wars in Iraq and Afghanistan, America hasn't quite been seeing eye to eye with the rest of his global partners. My solution is to have librarians or work-study students scan our UB I.D. cards at the entrance, and if you‟re a law student, you get to use the law library. Congratulations. For example, if you have a calculator on you when you enter the library, an alarm should sound and a net should fall on you, and if you don‟t have an “I take tax with Wooten” pin, you‟re getting kicked out. It‟s the same principle as “no shirt, no shoes, no service.” FurPromises Restored 2 ther, if there‟s really a problem with overcrowding in the undergraduate Vote Not Wasted 3 libraries, then undergrads can get rd scanned and can have access to the 3 Voting for the One 4 floor seats, and only enough undergrads for those seats. If a system that scans I.D. cards is too costly, then His bringing about this change should include America talking again to her "frenemies." It should engage with Europe to reignite the stalled Doha Round of talks, hold direct talks with countries like North Korea and the Middle East, to resolve nuclear tension and fight terrorism, and eradicate any last vestiges of Cold War era by improving ties with Russia and China. These ties have somewhat frosted during the Bush administration, because of what some analysts call as "eight years of unilateralist Bush policies." infra NLG Conference But with Obama heading to the White House, world leaders are said to be lining up to become the first ones to shake hands with the new American leader. Their anticipation is understandable - patience has been wearing thin with the Bush administration that refused to, at most times, talk and negotiate. See Change · Page 3 4 See Thanksgiving · Page 3 1 �The Opinion law.buffalo.edu/orgs/opinion November 2008 The Promise of America Restored Barack Obama‟s victory on election night held profound significance for many people. His election to our nation‟s highest office is historic in our By Danielle M. Restaino country‟s narrative and we should be proud to have finally achieved what so many have been working toward for so long. Equally as profound is what President-Elect Obama represents in terms of restoring the promise America has offered to so many over its two hundred some odd years. It is that potential which makes his presidency so important and so monumental. The state that our nation finds itself in eight years into a new millennium is precarious and troubling. We are dealing with several issues, any one of which a president may spend an entire term confronting: two competing wars, a declining economy, an ailing health care system and a planet in peril. While the President-Elect has outlined many initiatives and policies to address these problems, it seems that there is an underlying confidence in his approach that eases people and reassures them that America can get back on track. He inspires a confidence in the rest of us that is essential to moving this country forward. It is for this reason so many voters placed their trust in him to renew America‟s spirit. Perhaps that was one of the flaws that plagued the previous administration. Confidence became lost as things began to spiral out of control. Without confidence in our leaders, Americans do not have confidence in the ability to progress as a nation. Instead people are left in a rut asking what the government will do next to mess up their lives. What this new administration offers is an emblem of American progress embodied in a leader that wants and needs America to work with him. The spirit of cooperation and neighborly sacrifice is what will lead us out of this downturn. Barack Obama‟s presidency has the potential to galvanize the entire nation into truly changing the way it perceives itself and the way it operates in the world. So that while it may take a while for actual policy to take effect, America‟s idea of itself can be restored in the minds of its people. Not because of any tangible victory in the domestic or foreign sphere, but because of the knowledge that we are moving forward towards a different future than could have ever been perceived before the election began. America‟s promise to people here and all over the world is one steeped in the idea of hard work, perseverance, sacrifice and ultimately anyone can achieve. This promise has been forgotten as of late. We have become increasingly closed off from one another, partisan, constantly trying to point out why other people are wrong. While I know I‟ve been guilty of it myself this election season, it is not too late to remember that this country is meant to listen and accept any myriad of opinions. The openness and equality of opportunity that is supposed to characterize the American spirit must be restored after being pushed to the backs of so many people‟s minds. The potential to restore that spirit and that promise seems within reach now that we have a leader who recognizes that it has been lost. Perhaps that is the most significant thing about Obama‟s win: he reminds us of the way we should carry ourselves as Americans. His confidence in this country‟s ability change direction while restoring the promise it was founded on is enough to move people to truly change throughout America. At a time when so many are hurting in this country after losing their jobs, losing their homes or losing a loved one it is this type of leadership and this type of confidence that we need in a president. Now that we‟ve found it perhaps we can truly change America and revitalize its promise for generations to come. Proposition 8 · from Page 1 man and woman. Proponents felt teachers would be required to instruct their children that gay marriage is acceptable. If this argument had even a grain of truth to it, I would have to say, so what? What is so wrong about teaching children respect, or at the very least, tolerance of other people‟s marriages? In my mind, there is nothing wrong with this sort of education, however, Prop. 8 actually has nothing to do with education whatsoever. Not a single word of Prop. 8 even mentions education. Furthermore, the state does not make the curriculum for health education; it is made by individual school districts. In addition, there are laws in California which prohibit forcing children to learn anything regarding health issues, against the will of the parents. This is why no matter what year a student had health education, they had to obtain a parental consent form. The proponents of Prop. 8 put crafty yet false spin on this topic, and convinced many people their children‟s education would somehow be compromised if Prop. 8 did not pass. The fourth argument for Prop. 8, that it does not put down “gay lifestyles” nor take away from the rights entitled to couples under domestic partnerships, was also very skewed in the campaign. First I would love for someone to explain to me exactly what this vague term “gay lifestyle” means…I was under the impression that gay people desire to live the same lifestyle most people strive for. They go to school, hopefully college, search for jobs and ideally find one, maybe travel, and eventually settle down with the person they love and possibly raise children. In this sense, denying same sex couples the right to marry is an attack on their lifestyle because as I and the opponents of Prop. 8 see it, they live the same lifestyle as any person who is not gay and should therefore be entitled to the same rights. Although proponents of Prop. 8 were correct in stating that Prop. 8 would not change the rights granted to same sex couples under their domestic partnerships, they were incorrect in attempting to make it sound like domestic partnerships in California and marriage are the same. They are not equivalent! Although California does offer one of the most comprehensive legal unions, a domestic partnership, which entitles same sex couples to almost all the same rights as married couples, there are a few huge differences. First, domestic partnerships are only recognized in California whereas marriage transcends all state borders in the United States, and also the borders of many countries. A couple must inhabit a common residence to obtain a domestic partnership which is certainly not the case for marriage. Domestic partners cannot file joint tax returns which means they will not be eligible for certain benefits. They are unable to file joint tax returns because the federal government of the United States does not recognize the domestic partnerships of California. Although domestic partnerships are recognized legally, these couples have greater obstacles to overcome in their day to day lives. In many instances, couples need to provide paper work and other documents to prove their relationship status whereas a married couple needs to merely state they are married and usually not further proof is required. In an emergency situation, this can be extremely difficult. Someday when I have children, I would like to think that just as America has moved beyond the idea that people are unequal based on skin color, their world will be one where people are not treated differently based on their sexual orientation. This has nothing to do with religion, or whether you believe people chose their sexual orientation, or whether sexual preference is determined at birth. This is about treating others with respect, compassion, and equality. It is not enough to say that same sex couples have it better in California; their privileges should be the same as those of all Americans. There is hope however. Three major law suits have already been filed challenging the wording, constitutionality, and legality of Prop. 8. In addition, same sex couples who obtained marriage licenses before the passing of Prop. 8 will most likely be able to retain them. Furthermore, a proposition to overturn Prop. 8 for the next California election in 2010 is already in the works. As my mother always tells me, “live and let live.” She is right, and I believe that those against same sex marriages will eventually end up on the losing side of history. Around the School A little school spirit…UB wins Homecoming game 27-24 (OT) against Army 2 �The Opinion The Opinion November 2008 Volume XLVI, Issue # 3 Editor in Chief: Anthony Leone, 2009 Contributing Editors: Eddie Gonzalez, 2009 Olga Vinogradova , 2009 Luis Segura, 2009 Danielle Restaino, 2009 Dan Aiello, 2010 Kristen Ng, 2011 Elizabeth Hersh, 2011 Adam Wynn, 2011 Jonathan Pollard, 2011 Taekyung Sung , 2011 Aditi Bhardwaj, 2011 The Opinion, 101 John Lord O‟Brian Hall, Buffalo, NY 14260, is published by law students for law students. The Opinion is the non-profit official student newspaper of the University at Buffalo Law School, State University of New York. Any reproduction of materials herein is not allowed without the express consent of the Editorin-Chief and the piece writer. The Opinion welcomes your comments. Address your letters or guest columns to the Opinion Desk at amleone@buffalo.edu. All letters and guest columns must be signed. Include your full name, year, and email. Please limit letters to 300 words. Please limit guest columns to between 600 and 800 words. Submission of a letter or guest column constitutes an exclusive, worldwide, transferable license to The Opinion of the copyright in the material in any media. The Opinion retains the right to edit submissions for content and length. The Opinion does not endorse any of the viewpoints and opinions stated within its pages. Articles and pictures are for the express use of The Opinion and The Opinion claims no copyright privileges to the articles, work and photographs used in the following pages. law.buffalo.edu/orgs/opinion November 2008 I did not drink the Obama Kool-Aid. As refreshing as it looked, the starry-eyed glaze visible on the face of its consumers was enough to keep me away. Do not get me wrong, wearing purple robes and black Nikes looks like fun, but it is just not for me. Similarly, Senator McCain‟s serving of fear and hyperbole was unappealing. Specifically, the notion that President-Elect Obama is a radical non-citizen who pals around with terrorists was ridiculous and petty. Then there were the issues. I have strong opinions on several topics and neither candidate represented my views. I could have pinched my nose and voted for the lesser of two evils just as I did in 2004. However, a few weeks after that vote I decided I was going to vote on principle, not party in the following elections. This year, because neither major party candidate represented my views, I voted for a third party candidate. I know the candidate had no chance of being elected. Nevertheless, I chose to vote for him because he represented my views. My decision to vote for a third party candidate brought an avalanche of criticism: “that‟s dumb!”, “why?”, and my personal favorite, “you‟re wasting your vote”. It is the last criticism that I would like to debunk in this short article. My Third Party Vote Was Not a Waste By Eddie Gonzalez This nation is built on the principle that a diversity of opinions is necessary for democracy. Throughout our history, minor parties have played a major role. For example, the Republican Party came about in the spring of 1854 as a party opposed to the Kansas-Nebraska Act that expanded slavery to Kansas. In addition, the Populist Party, a party that advocated the silver standard, had a relatively successful stint in the late 19 th century and early 20th century, winning 22 electoral votes in the 1892 election. Eventually, the Democratic Party received the message, and adopted many Populist issues such as the silver standard and call for direct elections of Senators. Further, in 1992, Ross Perot, as crazy as he looked, was able to garner nearly 20% of the popular vote. By doing so, Ross Perot siphoned off enough votes from President George H. W. Bush that “red states” such as Montana, Georgia, and Nevada went to then Governor Bill Clinton. Similarly, in 2000, Ralph Nader drained enough votes from Al Gore to give then Governor George Bush the state of Florida. If you compare the centrist platform of the Democratic Party in 2000 and the leftist platform of the Democratic Party in 2004 and 2008, it is obvious the Ralph Nader voters sent a message. Therefore, to consider third parties irrelevant is to ignore American history. With that in mind, the success of third parties is irrelevant. Third-party votes are valid because they represent other views. The belief that everyone is either a Republican or Democrat is ridiculous. If you have a view that is not represented by either major party, but is by a third party, consider the latter. Otherwise, you run the risk of disenfranchising your opinion. Democracy needs a debate of all issues, not just wedge. Yes, we must discuss immigration, abortion, and the war in Iraq, but we must also discuss the national debt, privacy rights, monetary policy, and the role of the U.S. in the U.N. By discussing some and ignoring others, our nation faces decay via negligence. I close by noting that New York is as blue as the blood in the veins of Queen Elizabeth. To argue that my third party vote is a waste is to argue that the vote of every other New Yorker is worthless. For instance, if you vote for a Republican candidate, you are merely voting for a candidate that has no chance of winning the state. Similarly, a vote for the Democratic candidate is a worthless exercise that will only pile on to that candidate‟s lead. Obviously, neither vote is a waste and as such, neither is a vote for a third party. Look, my intent is not to convince you to vote for a third party. Instead, I wish to demonstrate that a third party vote is not a waste. The men and women who died for our right to vote were not just Republicans or Democrats. Some were libertarians, socialists, and constitutionalists. They died to keep America free. As such, they died believing America was a place that valued diversity of opinion. Let us honor their sacrifice, by respecting that for which they died. Change· from Page 1 Maybe as media points out, it is the fact that he is African-American, that his father was Kenyan, his middle name Hussein, and that he has spent some of his childhood in Indonesia, that is feeding the hope of many to believe that the new American president will be capable of engaging in a broader understanding of the rest of the world. Or maybe, it is just that the world has been thirsty for so long for change, any change, in America's foreign policy. To overcome the current financial crisis and fight terrorism to preserve peace that can be only be so fragile when super powers collide, Obama needs to really reach out to the world before it is too late. He should not make the same mistake of that his predecessor, the thinking of America can, alone, call the shots in the 21st century in the world of "globalization." But change always brings with it challenges and yes, it would be near impossible for him to mend all the broken fences at once. Situations are rapidly changing worldwide. New threats to peace are being made in the Middle East and Africa, the European Union is gaining more power and hence demanding more, developing countries like China and India are fast catching up with super economies and want their voices heard – all of these making it difficult for Obama to stay committed to his ideal foreign policy. And who knows? Obama too could resort to military action to protect the interest of Americans. But as of now, the rest of the world seems to be content with just the hope that, the new man will bring a wind of change. Thanksgiving· from Page 1 present a casebook at the entrance to get in. Otherwise, replace the “Law Library” sign with one that says “Public Library.” I„m not thankful that UB Law is going to be sent packing from North Campus. No need for our law library in O‟Brian then, huh? Well, I sincerely hope that UB discloses every communication regarding this move to its law students. I expect, since I paid my tuition and I have relied on a reciprocal exchange of education in a particular environment, the talks will be open and transparent. Now, I understand an SBA Committee has been formed to act a liaison between UB administrators and the student body regarding any move. But, unless there‟s a letter from the Dean of UB Law or the President of UB in my mailbox detailing where and why the law school has to move (I heard it‟s because UB wants to increase it‟s undergraduate admittance by next fall), I will demand assurances from UB based on UB‟s inadequate disclosure of the moving process and their prospective inability to perform our contract, making absolutely sure that law students will have a sufficient environment to receive their legal education. The worst thing that a landlord could do it wrongfully evict a tenant who‟s a law student. I‟m not thankful that UB Law Review has two standards for admittance: one for regular students and one that disfavors transfer/L.L.M. students. I won‟t continue this rant, especially if LR is putting in a GOOD FAITH EFFORT to change the process. But the fact that LR started researching cite-packets in midOctober, makes it even more plausible to have the casenote and Bluebook try-out later in the term, giving transfers/L.L.M.‟s some time to warm-up to UB, the Bluebook, and R&W. As for the SBA making available seats for transfer students on the 2L board: I„ve heard nothing, but I expect they acknowledge the issue and will implement my solution. Even one seat reserved for transfers would help us settle-in better. This is only fair, and expected from an association that represents the entire student body (transfer students as well as regular students). Remember, like FRCP 19 (Required Joinder of Parties), transfers claim an interest in being fairly represented by the SBA in UB Law affairs, and failure to join transfers in the SBA as directors will impair or impede our ability to protect that interest. I‟m not thankful that Wall Street is not returning the same tax base to NY (due to the housing market crisis from predatory 3 See Thanksgiving · Page 4 �The Opinion law.buffalo.edu/orgs/opinion November 2008 It is 4 A.M. on November 4, 2008 and it just hit me: I have become more emotionally invested in this presidential election than I could have ever imagined. Sure, I have been a news network junky since Hillary Clinton and By Luis Segura Barack Obama began their intense battle in the primaries. Of course, I have always felt a tingle whenever the possibility of getting rid of “W” came up. But I never imagined that this election would affect me this much. As fatigued as I became from hearing and reading about this election at every turn for over a year, something always drove me to flip the channel back to either CNN, MSNBC, or yes, even Fox News just one more time. As much as I looked forward to moving on with my life regardless of the result, something beyond my control has pulled me out of bed at 4 A.M. on November 4, 2008. Something is keeping me from getting some much-needed sleep. Something beyond mere politics is driving me to start writing at this obscene hour. I Voted for Myself Today He is Barack Hussein Obama. He had a troubled past. He has a “funny” name. He is “different”. He is “weird”. He is a first. He looks nothing like his peers. One glance at his appearance and some secretly question whether he deserves to be where he is. He has had to deal with that his whole life. Some of his family members are not from this country. There is even question among skeptics as to whether he is from this country. Much to your dismay, he is hard to put in a box. Not quite black. Not quite white. From two different worlds and yet considered an outsider in each one. An odd piece that does not easily fit into this perfect little puzzle we call America. Continually facing a powerful headwind, he is determined. He continues to move forward. I realized what drove my restlessness at 4 A.M. on Election Day – although I will never be allowed to run for president, I am voting for myself today. Win or lose, I am Barack Hussein Obama. On October 9th ten National Lawyers Guild members tore themselves away from their studies at the University at Buffalo to attend the annual Sarah Korol NLG conference, which this year was held in Detroit. The group consisted of seven 1Ls, two 2Ls and one 3L. A ten-strong contingent from any school would have been respectable, let alone from such a recently-revived student chapter as Buffalo‟s. How was it? In short, a great success. Given the number and variety of things that could have gone wrong but didn‟t, the success speaks not only to the caliber and cohesiveness of the members, but also to the incredible support and inspiration provided to us from the NLG. NLG Conference The content of the panels and workshops was varied and balanced – perhaps surprisingly so in a world made ever more complicated by globalization. The competing interests of undocumented immigrants shared time with the champions of organized labor; panels specific to Michigan such as the high instance of rape of women inmates across the state appeared back-to-back with global concerns in Palestine; threats to civil liberties were presented in tandem with environmental injustices. Each student initially gravitated towards the issues that brought him or her to law school, but over the course of three days, no one came away without branching out and learning something completely new. For the 2- and 3Ls who are poised on the verge of practicing law, the conference was a happy reminder of the meaningful roles that lawyers play in social change and social justice. Anna Falicov, the most senior of the group, thought the conference was inspiring and refreshing for these reasons. Rebecca Hoffman, a 2L and an active member of the Working Families Party of Buffalo, thoroughly enjoyed hearing labor union leader discuss immigration, the rights of undocumented workers, and the need to unite along class lines. Demian Fernandez, another continuing 2L whose goal is to work towards greater American corporate accountability outside of our borders, took away some much needed guidance from the conference. He reflected that the human perspective – and perhaps more to the point, the human-rights perspective – is largely absent from the law school curriculum. He speaks for many in the group in that he feels more energized and focused after hearing what is actually being done in the field to further social justice everywhere. For the 1Ls the experience was less of a reinforcement and more of an instance of first impression – a first time seeing such a concentration of people in whom we see manifestations of our own fledging social justice aspirations. More concretely, it underscored for us the „national‟ nature of the NLG. Unlike the other student groups at UB, the NLG is something that we can be a part of for the rest of our lives, reaping the benefits of the network and furthering its cause long after we leave law school. Impressions of the conference and impressions of Detroit itself cannot be clearly separated in anyone‟s mind. The whole group was housed for free in one place thanks to the generosity of a friend of the Guild chapter of Detroit – a boon for organizational and bonding purposes. By traversing the city ourselves in order to get to and from the downtown, getting lost a couple times, and being rerouted by Sunday‟s marathon, we got to see a substantial cross-section of what was once one of the richest cities in the U.S. and is now the poorest. Evidence of past wealth starkly contrasted with the multitude of empty lots, abandoned buildings, and homeless people camped out in fields. Granted, coming from the second poorest (financially disadvantaged?) city in the U.S. no single scene was anything new. The extent of the decline, however, seemed more pervasive than in Buffalo since Detroit is larger and more sprawled. „Poor‟ in the context of Detroit cannot be applied to the city‟s cultural offerings nor to its pride. Mike Raleigh, a 1L and native of Buffalo, found the conviction of those who choose to live in the city a heartening characteristic Detroiters share with Buffalonians. He met many like-minded people. Melissa Wischerath, a fellow 1L and also a Buffalo native, felt the people of Detroit among the friendliest ever. When we were not at the conference center we were walking in Greektown, listening to live jazz at the longest running jazz club in the country, going „feather bowling‟ (a Detroit past-time rooted in its Belgian immigrant past), riding the People Mover (the closest thing to the Simpson‟s monorail we will ever see), admiring the shiny 1950‟s GM sports cars on display, dancing the night away at a pub across from the old Lions‟ stadium, eating late-night greasy goodness at Detroit‟s famous heartburn heaven „Coney Island‟, doing U-turns in a 12-passenger van, and coming home from a party only to find the party has beaten you there. I am a 1L. For me the weekend confirmed in my mind that I‟ve found an amazing group of people to share my law school experience with. I became excited about the potential we have for the future with so many new recruits. But most importantly, I could have been overwhelmed by the number of fronts the NLG presented in the continuing struggle for equality in the eyes of the law, but I wasn‟t – I was convinced that individuals can make a difference. That is, individuals united. Thanksgiving· from Page 3 lending on sub-prime mortgages and now, as a result, a credit freeze [even after a government bailout]), and thus the state will continue to cut UB‟s funding. Since my first article, America‟s economy got even worse, and the revenue that NY had relied on from taxes pulled from Wall Street earnings (upwards of 20% according to Bloomberg.com), is no longer there. Governor Paterson has said that, because of companies like Citigroup Inc. taking serious loses, NYS government needs congress to fill a $47 billion dollar budget hole. Personally, I am against this kind of government bailout, because if we reward states that act fiscally irresponsible, we are not teaching those states any fiscal discipline, nor how to act prudently by not spending above their means. It would be the states that spend responsibly, bailing out the ones that don„t spend responsibly. Meanwhile, the money that goes to bail-out NY and pay-off our surmounting debt from out-of-control borrowing, will be taken from our federal income tax instead of our state income tax. The only difference is that one is going to directly to the state, while the other is going indirectly to the state, but they money is still going to the same place. Again, one of the ways to solve this issue is to amend the state constitution to require, before a budget can be passed, it has to be balanced, i.e., enough tax revenue to pay for government‟s expenditures. Also, any budget surplus should go to pay off NY‟s debt. Further, NY needs to remain competitive in the national marketplace by offering businesses incentives to openup-shop in NY, especially up-state. Remember, it‟s the private sector that funds the public-sector. If we don‟t get NY‟s spending under control, we‟re going to see our population decline further (and we‟ll lose seats in the house and electoral votes), including legal businesses in search of a better tax climate. Despite the fact that our law library is like a cornucopia of undergrads, grad students, and law students; or that law students may be evicted from O‟Brian; or that NY government‟s spending and borrowing is killing the SUNY system, try to have a happy Thanksgiving. 4 � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Opinion, 2008-11 Date Issued Date of formal issuance (e.g., publication) of the resource. 11/1/2008 Bibliographic Citation A bibliographic reference for the resource. Recommended practice is to include sufficient bibliographic detail to identify the resource as unambiguously as possible. 46 3 Publisher An entity responsible for making the resource available UB Law School State University of New York at Buffalo Law School Language A language of the resource eng Type The nature or genre of the resource Newspapers Text Is Part Of A related resource in which the described resource is physically or logically included. LIB-LAW003 Rights Information about rights held in and over the resource <a href="https://rightsstatements.org/page/CNE/1.0/">COPYRIGHT NOT EVALUATED</a>. The copyright and related rights status of this Item has not been evaluated. Please refer to the organization that has made the Item available for more information. You are free to use this Item in any way that is permitted by the copyright and related rights legislation that applies to your use. This digital collection is made available for research and educational purposes. Researchers are responsible for determining copyright status, and securing permissions for use and publication of any material. Copyright for items in this collection may be held by the creators, their heirs, or assigns. Researchers are required to obtain written permission from copyright holders and the University Archives prior to reproducing or publishing materials, including images and quotations. For inquiries about reproduction requests and permissions, please contact the <a href="http://library.buffalo.edu/archives/">University Archives</a>. If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/12a87a6a08b6b67c47b82c015d4cc952.pdf f64b237116f2b09de3d3a5bfec508ca4 PDF Text Text The true irritation in law school... - COMMENTARY ON BACK PAGE The Opinion THE OPINION UB Law School 101 O’Brian Hall Buffalo, NY 14260 http://law.buffalo.edu/orgs/opinion Vol. 46, Issue 2 The Student Newspaper of the University at Buffalo Law School October 2008 Working for the Judge The Top Ten Reasons I Accepted a Judicial Clerkship By Eddie Gonzalez For many, fall is a lovely season: a kaleidoscope of reds, yellows, and orange. It is a quaint time filled with visits to the pumpkin patch, costume parties, crisp autumn walks, and most importantly, candy corn. Law students, however, have a different view of fall. It‟s a season of horrors; a time consumed by job searching, cover letters, interviews, follow-up letters, and rejection letters. Considering the amount of debt accumulated in seven years, it is no surprise that many law students apply or plan to apply to large firms. It‟s understandable. With that in mind, do not let quick gratification blind you from considering other opportunities that may bring about the same, if not more, benefits albeit less quickly. As we enter the fall, consider applying for a judicial clerkship. Clerkships are available in both the federal and state courts, and at both the trial and appellate court level. Trial court clerks are involved in fact-finding and the daily processing of litigation: motion practice, discovery disputes and settlement conferences. In contrast, appellate court clerks research the issues of law and fact, and draft memoranda and/or working opinions for judges. Many attorneys view judicial clerkships as the most prestigious and distinguished way to begin a legal career. Therefore, consider a judicial clerkship, even if you‟ve accepted an offer. While that may seem irrational, the following ten reasons explain why law firms view clerkships so favorably and why many will preserve their original offer if you decide to accept a judicial clerkship. 1. Judicial law clerks are exposed to many different areas of law. This allows you to gain See Clerkship · Page 2 Alice Paul is Rolling in Her Grave: How Sarah Palin Cheapens Breaking the Glass Ceiling Reflections From the Bottom – And Why You Should Cheer Up By Jonathan Pollard By Danielle M. Restaino By now everyone who has watched the VicePresidential debate has formed their own opinions about Sarah Palin and her performance. For some it may have helped them decide between the two tickets and who they would rather have at the helm of this nation. For others it may have only reinforced the opinion they had of her going into the debate, and that is exactly what it did for me. This is merely my opinion, so readers feel free to disagree, but I dislike the Governor from Alaska on so many different levels it makes my skin itch. Needless to say there is not one iota of policy that has come out of her mouth that I agree with, but she is offensive in a much more personal way as well. Her presentation of a folksy, cute, hockey mom, in my view, comes off as cheap and contrived and does a disservice to women who work hard to be taken seriously in the professional world. infra ADR 2 Peace 3 Inside UB Law School 5 Transferring 6 Your Vote Matters 7 No More O’Brian Hall 8 “Chance favors the prepared mind.” – Louis Pasteur Even if you‟re not a follower of the stock market, if you‟ve turned on a television or looked at the front page of virtually any newspaper, it‟s been pretty hard to ignore the violent stock market fluctuations of late. All of the major American stock indices – the Dow Jones, the NASDAQ, and the S&P 500 – are down 36.29%, 37.81%, and 38.76% respectively from a year ago. What‟s worse, the Dow Jones – the index which tracks the performance of the stocks of the 30 largest companies in America – took a 21.9% dive this week alone, crashing from 10,831 to 8,451 in a mere five trading days. Unemployment is at levels not seen for years. Global bourses are in freefall from the fallout in the American subprime mortgage market. Multinationals are slashing jobs left and right. Credit card companies are lowering their credit limits. It‟s harder to get private student loans. White-shoe law firms are not hiring at the brisk pace they were approximately a year ago. So what‟s the good news in the midst of this economic turmoil that according to some pundits we haven‟t seen since the Great Depression? This is not to say that my distaste for Palin is not conflicted. Part of me wants to root for her because she is a woman and is coming very close to achieving something no other woman has. The problem I continuously run up against is that I do not think she is truly achieving anything on her own merits. She has been put on the Republican ticket because someone thought having a female vice-presidential nominee would be politically expedient. To champion her in the same way Hillary Clinton can be championed in terms of moving women forward seems insulting to the work second wave feminists Before I answer, let me just state that I‟m not a market-timer, nor do I claim to be one. I don‟t know where the stock market is going to be a year or even three years from now. Bear market cycles usually last for three to four years. It took America a while to get into this crisis by doling out mortgages to people who couldn‟t afford them and then banks buying up these bundled mortgage-backed securities. And it‟ll take us a while to get ourselves out of this morass. What I do know though is that we will get ourselves out of this. After every stock market dive, there‟s always a rebound eventually. And the good news is that most of us in law school have our whole working lives ahead of us to reap See Palin · Page 3 See Business · Page 4 1 �The Opinion law.buffalo.edu/orgs/opinion October 2008 Alternative Dispute Resolution (ADR) is one of the most rapidly growing fields in the legal community. Parties in dispute are turning to ADR more frequently because most types of By Elizabeth Hersh ADR are usually much less expensive than traditional litigation, and also less time consuming. Different modes of ADR are usually more client centric than litigation, and clients can reach an amicable solution for both parties, as opposed to establishing a winner and loser, which is usually the end result in a trial. In addition, parties with a sensitive issue can avoid the publicity, or public involvement which can go along with a trial. Parties who engage in alternatives to litigation have experienced a high level of success, and judges are recommending parties to take part in some form of ADR at an unprecedented rate. A Growing Legal Field Despite the growth and success of ADR, many misconceptions remain among aspiring lawyers and even in the legal community. First, many people believe that ADR is a limited field that only involves mediation. Others feel that these methods do not involve real lawyering or that tough lawyers will never need ADR. Many people also believe that choosing a method of ADR is the weaker choice, and if not the weaker choice, than at least the less profitable option for lawyers. These misconceptions are simply incorrect. ADR includes any type of alternative to traditional litigation, and while this does include mediation, there are a variety of alternative methods such as negotiation, arbitration, conciliation, and private judgment. ADR may be a well known option in labor law and divorce law, but the fact is, every type of law involves litigation alternatives in one way or another. Knowing how to utilize different ADR methods is an extremely useful tool for all lawyers whether they are trying to negotiate with an unreasonable client, or seeking a plea bargain for a guilty client. Also, a career in this field does not have to be less profitable than a career in traditional litigation. This misconception comes from the possibility that ADR lawyers may make less per client, or settlement, than lawyers involved in litigation alone; however, ADR lawyers are often able to take on a higher volume of cases, which can more than make up the difference. We are very fortunate as law students here at UB to have not only an Alternative Dispute Resolution Group for students, but a faculty who recognizes the importance of this growing field. The ADR Group seeks to promote awareness for ADR through hands on experience. The group takes part in the Annual Mediation Advocacy Competition in November where students have the opportunity to give mediation a try by playing the roles of lawyer or client. If you were unable to take part in Moot court or Mock trial, this is a great opportunity to learn about and practice a different type of legal skill. The club also offers a workshop where students are able to obtain their actual mediation certification. The UB Alternative Dispute Resolution Association hosts the workshop during Spring semester. While the workshop normally costs around $500, students who participate pay a fee of around $60. Training teaches students through hands on exercises how to use various dispute resolution methods to reach different kinds of solutions. This workshop is a great resource for all students no matter what area of law they hope to pursue. The ADR group also invites speakers to come and converse with students about alternative careers to litigation, and also the significant role ADR plays in a variety of legal careers. And of course like all legitimate clubs, the ADR group will be planning a bar night for this year. The ADR Group is not the only way to learn about or become more involved with ADR. The law school offers a handful of classes on various aspects of ADR. These classes include Labor Arbitration, Mediation, and Alternative Dispute Resolution. In the mediation class, students have the chance to conduct a mediation session and in the Labor Arbitration class students have the opportunity to conduct an arbitration with a witness. The school also offers a mediation clinic where students get to put their ADR skills to use in the field. Joining the ADR group is a fantastic way to strengthen your legal skills, and also learn about the growing field of ADR and the careers involved. Keep your eyes and ears open for upcoming ADR Group events. If you have any questions, feel free to contact any of the group officers listed on the student organizations page of the law school website, or check out the Facebook group: SUNY Buffalo ADR! Opinions and Commentary Clerkship · from Page 1 relevant experience in diverse fields and may help you decide which fields interest you. 2. The amount of time spent in intensive research and writing will provide you with valuable experience that will benefit you greatly in your subsequent legal career. As every law student knows, cases are won with well written briefs, not bombastic oral arguments. 3. Being a judicial law clerk forces you to become extremely familiar with procedure. While this may not seem appealing at first, I‟d just point out that many well respected attorneys have jeopardized their cases due to procedural errors. 4. Judicial law clerks gain valuable experience defending and advocating their positions to a judge. In contrast, many associates will not have the opportunity to directly advocate an issue with a judge until their third year. 5. Many judges take a personal interest in the future success of their law clerks and often take the role of a mentor. 6. The competitive selection process leads many law firms to view judicial law clerks as highly desirable attorneys who have been hand chosen by well respected judges. 7. Judicial law clerks are perceived to have inside knowledge of a judge‟s practices and thought process. Thus, law firms view attorneys that have clerked at certain courts as assets; individuals that provide needed insight. 8. Judicial law clerks develop great networks through their daily interaction with lawyers and judges. 9. A recommendation from a judge, especially a local judge, goes a long way when applying for a position at a law firm. 10. Finally, attorneys with law clerk experience gain a professional self-confidence far earlier than attorneys who have not served as judicial law clerks. Judicial clerkships are an investment. They provide future attorneys with valuable research and writing experience, and offer numerous rewards. As a result, many law firms view a clerkship as a prestigious experience that will positively impact their firm. For this reason, more and more law firms offer financial bonuses to attorneys with clerkship experience. Some go as far as crediting an attorney‟s time as a judicial law clerk towards their path as a partner. What‟s more, while the salary is not fantastic, it‟s pretty good. For example, according to the Vermont Law School 2009 Guide to State Judicial Clerkships Procedure, an appellate court clerk at the Fourth Department earns $67,000 upon admission to the New York Bar. With all that, it should come as no surprise that 97% of judicial law clerks say they are glad they clerked. Thus, there is little reason not to at least consider applying for a judicial clerkship. Whatever your decision, I wish you good luck during this demanding and occasionally nerve-racking process. 2 �The Opinion law.buffalo.edu/orgs/opinion During the course of political discussions with fellow classmates it is not surprising there is a range of differing By Adam Wynn opinions and thoughts on the direction our country should take, who the best leaders are to bring us there, and the meaning of some of the fundamental foundations of our democracy. However, I believe there are a number of issues and ideas upon which most can agree; chief among them is world peace. The Essence of Peace The Opinion October 2008 Volume XLVI, Issue #2 Editor in Chief: Anthony Leone, 2009 Contributing Editors: Eddie Gonzalez, 2009 Olga Vinogradova , 2009 Luis Segura, 2009 Danielle Restaino, 2009 Sarah Brancatella, 2009 Dan Aiello, 2010 Kristen Ng, 2011 Elizabeth Hersh, 2011 Adam Wynn, 2011 Jonathan Pollard, 2011 Taekyung Sung , 2011 Aditi Bhardwaj, 2011 The Opinion, 101 John Lord O‟Brian Hall, Buffalo, NY 14260, is published by law students for law students. The Opinion is the non-profit official student newspaper of the University at Buffalo Law School, State University of New York. Any reproduction of materials herein is not allowed without the express consent of the Editorin-Chief and the piece writer. The Opinion welcomes your comments. Address your letters or guest columns to the Opinion Desk at amleone@buffalo.edu. All letters and guest columns must be signed. Include your full name, year, and email. Please limit letters to 300 words. Please limit guest columns to between 600 and 800 words. Submission of a letter or guest column constitutes an exclusive, worldwide, transferable license to The Opinion of the copyright in the material in any media. The Opinion retains the right to edit submissions for content and length. The Opinion does not endorse any of the viewpoints and opinions stated within its pages. Articles and pictures are for the express use of The Opinion and The Opinion claims no copyright privileges to the articles, work and photographs used in the following pages. October 2008 Historically, the advancement of peace does not emerge from spontaneous changes in human thought but from “a gradual evolution in human institutions and a series of concrete actions.” President, Kennedy coordinated White House operations by actively formulating and implementing policy goals, which were not only personally important but in the national interest and a larger world interest. In doing so, Kennedy did not act as though he were constrained by proposals from government bureaucracy; instead he exercised his judgment and acted independently. This defiance is perhaps best exemplified in his handling of the Cuban Missile Crisis, where General LeMay and others advocated for bombing Cuba and a full-scale invasion despite previous failures in the Bay of Pigs. Kennedy had the foresight to know that such military action would lead to Soviet action in Berlin. As a result of such maverick thinking nuclear catastrophe was averted. In the Commencement Address at American University on June 10, 1963 President Kennedy laid out his vision for world peace. “What kind of a peace do I mean and what kind of peace do we seek? Not a Pax Americana enforced on the world by American weapons of war. Not the peace of the grave or the security of the slave. I am talking about genuine peace, the kind of peace that makes life on earth worth living, the kind that enables men and nations to grow and to hope and to build a better life for their children -- not merely peace for Americans but peace for all men and women -- not merely peace in our time but peace for all time.” I submit these are qualities we should be looking for in our next leader; the speech was not only eloquent but also arguably quite effective, as the Partial Nuclear Test Ban Treaty was signed four months later. Changing attitudes towards the Soviet Union as recommended by JFK drove this process forward. The core elements of this call to peace are more than relevant today. While nuclear disarmament as an instrument of change is not quite as pertinent (though very relevant), an up-tick in diplomacy and an emphasis on understanding commonalities between nations, both allies and enemies, are critical components of plans for both peace and a safer, more secure world. In the same speech, Kennedy reminds us “No government or social system is so evil that its people must be considered as lacking in virtue. As Americans, we find communism profoundly repugnant as a negation of personal freedom and dignity. But we can still hail the Russian people for their many achievements -- in science and space, in economic and industrial growth, in culture and in acts of courage.” It is the opinion of this author that in an age of international terrorism, racial profiling, denial of civil liberties, and misunderstanding a new call towards communication and opening of dialogues with enemy states is not only appropriate but necessary for peace and security, and its suggestion should not be dismissed as naïve. Aside from a broader link to world politics, how does this historic speech and its values connect to our lives as law students and as part of the University at Buffalo community? While all of us come to law school from diverse backgrounds, different parts of New York and the country, and hold fast to different beliefs, we also all have some professional goals in common as well as values that bind us together as human beings. I believe we all look forward to success in law school and the opportunity to make good law in practice. Kennedy acknowledged that more important than immediate personal or national goals are greater commonalities, claiming, “For in the final analysis, our most basic common link is that we all inhabit this small planet. We all breathe the same air. We all cherish our children's future. And we are all mortal.” With this in mind, based on my experience in law school thus far, I applaud the atmosphere of collegiality maintained within our University; however, as our time progresses and we manage to construct various alliances, I hope we continue to support one another throughout our professional development, perhaps creating a more peaceful law school experience and ultimately working towards a more peaceful world. Opinions and Commentary Palin· from Page 1 struggled so hard to accomplish. Palin, like so many of us, are reaping the benefits of the work done by that previous generation of women. Her being chose to run for vice-president is in thanks to women of the 1960‟s and 70‟s who fought to be treated equally with men. For her to come onto the national stage without any substantive knowledge of issues or policy, regardless of political persuasion, and use her perky one liners to win sympathy with voters is a disgrace to the generations of women who fought, and are fighting, for so much more. If she were merely another conservative woman, one who advocates her philosophies and positions on women‟s issues zealously, as do women from left, then I would of course disagree with her, but in the very least I would respect her as simply having a different perspective on the issues. But Palin cheapens the debate. She comes off as a caricature of a woman running for vice-president, and in the process changes the game for other women trying to be successful in their professional lives. Those women, who work very hard at achieving graduate level education and perhaps are not as bubbly, or are choosing not to get married, can now be criticized for being hyper-ambitious, because they are not the homecoming queen stereotype that is projected by Palin. She makes it very difficult to be a woman and be serious about success, when her image is anything but professional. In fact she is encouraged to be somewhat unprofessional in an attempt to seem “average.” And people reward her pandering with support for her candidacy. Beginning in 1848, women organized and sacrificed to achieve suffrage in this country. They protested, marched, were arrested, beaten, and dismissed, yet they proceeded to fight until women won the right to vote, all the while hoping that someday women would play active leadership roles in all aspects of the public sphere. I hardly think that the women at Seneca Falls believed all of their hard work would find fruition in someone embracing an image as “the hottest VP.” The novelty of Palin as a candidate is shameful, and if she truly cared about the work other women have done in the history of our country, so she could be standing where she is today, she would demand better of herself. Palin would not act as is she were running for student council, and rather would project an image of a serious woman with serious thoughts about tough issues. Instead, she has played down to what sexism in America dictates is an acceptable demeanor for a woman. The Governor allows herself to be described as feisty rather than assertive, as a tough cookie rather than persistent all in an attempt to be un-offensive to the “Joe Sixpack” voter. In the meantime she has sold out other women who want to rise above that standard, who want to achieve success in their lives not by placating to the stereotypes of how a woman should behave, but to achieve by pushing themselves emotionally and intellectually to accomplish their goals whatever they may be. This is why I cannot look at Sarah Palin as a woman who should be admired for her achievements in politics. Her regurgitated debate responses (using that term loosely) portray an image of a woman who is really not too worried about thinking, but instead looks the part and just waits for someone to tell her what to say. I guess if this were 1950 she would be a maverick of a woman on the political scene, but it‟s not. This is 2008 and women should expect much more of themselves than what Palin has shown to the American people. At this point in the election season I don‟t know how many voters actually take her seriously. As a woman this is troubling because the ability to elect a woman to the presidency or vice-presidency is incredibly significant in the progress of America, but after this election it will be that much harder to do so. And for that, women everywhere can thank prom queen, head cheerleader and all around Miss Congeniality, Sarah Palin. 3 �The Opinion law.buffalo.edu/orgs/opinion October 2008 North Korea‘s Nuclear Brinkmanship, ―working Fine‖ By Tae Kyung Sung Finally, North Korea no longer makes the U.S.'s list of states that sponsor terrorism, as announced by the State Department spokesman Sean McCormack on October 11th. What does this mean? Are the nations involved in the six-party nuclear talks, including the United States, really interested in getting North Korea to give up its nuclear ambitions? Or are they more concerned about what they stand to lose if that negotiation efforts failed, perhaps acknowledging to the world to their utmost embarrassment, that the communist nation had a better strategy than the rest of the five global super powers involved in the multilateral disarmament talks? Maybe this is why, too often than it should, North Korea's nuclear brinkmanship is working just fine. Having once closely followed the six party nuclear talks as a journalist back home in South Korea, I can tell you firsthand, that these talks are all about not losing face at the negotiating table. And this is why at the end of the talks, what reporters hear from the representatives are pretty much the same, whether or not a deal has been struck behind closed doors. This is how the reporters interpreted the spokesmen's messages. If they say, "negotiations are underway," we heard it as "talks are going nowhere and we hate each others' guts." If they say "an agreement is underway," we heard it as "an important promise has been made among the parties but we are not telling you reporters because if that promise is not met you guys are going to screw us over for not doing our job." So as you can see, it's hard to accept the latest agreement among the six party nuclear talks at face value and it seems once again, behind closed doors, North Korea had a upper hand at the negotiating table. Although it took North Korea 20 years to get itself crossed out from that list, (it was added in 1988 to the list of state sponsors of terrorism along with Cuba, Syria, Sudan and Iran,) it did not stop the Stalinist nation from building nuclear reactors and testing its nuclear weapons. The negotiations have been a tough tug of war among the nations involved, and too often, North Korea had engaged in its nuclear brinkmanship. A strategy that seems to be working just fine, up to this day. North Korea knows that the current U.S. administration is running out of time, and it also knows that it desperately wants to put in its records that it was them, the people of the Bush administration, that have brought substantial advancements in resolving North Korea's nuclear standoff. Two years ago when the Bush administration adopted a hardline stance toward North Korea, meaning more sticks than carrots, the communist nation gave out a clear message of how it felt about that changed notion - it tested out its nuclear weapons. And this time, when Pyeongyang wasn't getting what it wanted out of the talks, it again refused to give out its nuclear secrets unless the U.S. did something to show her "sincerity" in their agreement, that sincerity, being erasing North Korea from the terrorism-sponsored state list. Like in every relationship, it is always going to be a give-and-take affair between the United States and North Korea. And who knows, Pyeongyang may really be sincere in giving up its nuclear ambitions once and for all, in return for some economic and other concession. But as of now, it seems the U.S., being pressed for time, is attempting too much. And we always know, from hard-learned real life lessons, how that turns out in a relationship - You walk out of it, empty-handed. Opinions and Commentary Business· from Page 1 the benefits of the greatest wealth creation machine on the face of the Earth. Whatever money you might lose now can be recouped through your future paychecks. Also, although America has matured as an economy, there are plenty of emerging economies, such as those of Brazil, Russia, India, and China, that will provide plenty of bull markets over the course of the next 20 to 30 years. “20 to 30 years?”, you exclaim. Yes, 20 to 30 years. If you are serious about making life-changing wealth that can provide a comfortable retirement and allow you to send your children to college, you should take the long-term view when it comes to investing. So how can you position yourself to prepare for the next bull market, wherever it may emerge? The first and most important thing you should do is begin to read. What follows below is a preliminary list of books that clearly enumerate the things you need to know to be a successful investor. Here goes. 1) One Up on Wall Street, by Peter Lynch 2) How to Pick Stocks Like Warren Buffett, by Timothy Vick 3) The Warren Buffett Way, by Robert Hagstrom 4) The Intelligent Investor, by Benjamin Graham 5) The Streetsmart Guide to Valuing a Stock, by Gary Gray 6) Reading Financial Reports for Dummies, by Lita Epstein If you don‟t feel comfortable investing during these turbulent times, that‟s okay. Use this time to figure out what drives a company‟s stock price and to learn what metrics indicate a stock is a worthy investment. There‟s no need to put your hard earned dollars on the line just yet. As you read the aforementioned books, try setting up a mock portfolio on Yahoo! Finance or Google Finance. Not only will doing this help you get a feel for the general movement of stock prices, but it will also allow you to determine your risk tolerance as an investor. Your style of investing may be more or less aggressive than mine and that‟s okay. What‟s important is to find a style that works for you. By learning about the proper way to invest through diligent study and practice without any real risk, when global stock markets rise from the dead, as they inevitably will, you‟ll be well-positioned to exploit the opportunities before you. And lastly, I own all of the books that I mentioned in this article, so if you can‟t find one in a library, let me know, and I can lend you one. Here‟s to us getting rich together over the next 20 to 30 years! So, what are you wearing? Come to the only Halloween bar night of the semester. For only $5, The "Bar Night of the Living Dead" includes: [AMBIANCE] - Halloween decoration. - Live DJ. - 2nd floor w/ access to patio (if enough of you show up). - HD Flat screen TVs, leather seats, and a dance floor. - Raised, illuminated, mini-stage to dance and show off your costume. [PRIZES] - True Religion Jean give aways from Bayou. - Prizes for best costumes (details TBA). [BEVERAGES] - Specials from 9pm-12am. 10.30.08 @ BAYOU (79 W Chippewa St., Buffalo) 4 �The Opinion law.buffalo.edu/orgs/opinion October 2008 Experts to Discuss U.S. Financial Crisis A panel of experts will discuss the turmoil in the U.S. financial markets at 7:30 p.m. on Oct. 23 in the Screening Room in the Center for the Arts on the University at Buffalo North (Amherst) Campus. "The Current Financial Crisis: How did we get here? Where are we going?" will be the topic of the panel discussion, which is free and open to the public. Sponsored by the UB School of Management and the UB Law School, this will be the fourth event in the annual Gerald S. Lippes Speaker Series. Panelists include Gaurav Patankar, global sector analyst for financial institutions at Millennium Partners, subsidiary of Millennium Management; Cristian Tiu, Ph.D., assistant professor in the UB School of Management's Department of Finance and Managerial Economics; and Jill Yellock, bank examiner at the Federal Reserve Bank of New York. In his role at Millennium Partners, Patankar analyzes and provides thoughtful leadership on the sector across multiple portfolio managers, strategies and countries. He previously worked for SuNOVA Capital and Citigroup. Prior to working on Wall Street, Patankar was employed by M&T Bank in Buffalo. He graduated in 2003 with an MBA in finance from the UB School of Management where he was an M&T Fellow. Tiu has been a faculty member in the UB School of Management since 2006 and holds doctoral degrees in both finance and mathematics from the University of Texas. His research interests focus on performance of hedge funds and their risk management implications for investors, as well as endowment funds and continuous time finance. Tiu periodically serves as a speaker and consultant in the financial services industry and was part of the team that designed the risk management system currently used by the $20 billion University of Texas Investment and Management Co. His expertise has been widely sought after by the media in the wake of the problems on Wall Street. As bank examiner for the Federal Reserve Bank, Yellock monitors the financial condition and risks of New York State member banks and maintains a working knowledge of financial markets, business practices, strategic risk issues, supervisory policy and banking and securities regulations and laws. She has an MBA from the Tepper School of Business at Carnegie Mellon University, where she focused on accounting, economics, finance and international business, and an undergraduate degree from the University of Alabama. Previously, Yellock was a revolving credit specialist with Regions Financial Services (formerly AmSouth Bank). She also worked as a professor of English for WorldTeach, an account executive for Sun Microsystems and a software specialist for IBM. The panel discussion, moderated by Thomas F. Disare, clinical professor in UB Law School, from 7:30-8:30 p.m., will be followed by a question-and-answer session. For more information, contact Jill Phinney at 716-645-3204 or jmp8@buffalo.edu (jmp8@buffalo.edu). The Gerald S. Lippes Speaker Series focuses on current issues and topics related to business and finance. The series is part of a larger effort to foster an integrated understanding of the worlds of business and law, and to encourage a collaborative dialogue between business and legal professionals. Funding for the series is provided through the generous support of Gerald S. Lippes. The University at Buffalo is a premier research-intensive public university, a flagship institution in the State University of New York system that is its largest and most comprehensive campus. UB's more than 28,000 students pursue their academic interests through more than 300 undergraduate, graduate and professional degree programs. Founded in 1846, the University at Buffalo is a member of the Association of American Universities. Around the Law School Professor James Wooten says ‗Credit Crunch‘ Will Hit Retirees in Unequal Ways How severely retirees will be affected by the continuing financial crisis and subsequent "credit crunch" depends to a considerable extent on the kinds of retirement plans they rely on for retirement income, according to a University at Buffalo Law School professor who specializes in the regulation of retirement plans and other employee-benefit plans. "Retirees in the United States commonly rely on one or more of three sources of income: Social Security, employer-provided pension benefits and individual retirement savings arrangements such as 401(k) plans, 403(b) plans and individual retirement accounts," says UB Law Professor James A. Wooten. "Retirees who receive pensions from Social Security or their employer should see little effect from the financial crisis, while individuals who depend on a 401(k) plan or an IRA may be hit hard." Social Security is the most important source of income for U.S. retirees. Social Security, Wooten observes, is a "defined-benefit" plan. Retirees receive a stream of regular cash payments (an "annuity") based on a formula in federal statutory law. "Because Social Security retirement benefits are based on a formula," he says, "the annuity payments that retirees receive do not depend on the short-term performance of financial markets." Employer-sponsored pension plans are another very important source of retirement income. Like Social Security, employer-sponsored pension plans are "defined-benefit" plans that traditionally have paid retirees an annuity. "As with Social Security," says Wooten, "the annuity a retiree receives from a definedbenefit plan does not depend on the short-term performance of financial markets. So the turmoil in financial markets will not affect the annuities paid to current retirees." Over the longer term, however, volatility in the financial markets may have a big effect on employer-sponsored pension plans. "If a defined-benefit plan's investments perform poorly," Wooten says, "the employer that sponsors the plan will have to make larger financial contributions to fund the benefits it has promised. Recently a number of private-sector employers have dropped their traditional pension plans, which provided annuities to retirees, and replaced it with a 401(k) plan, which does not offer annuities. The increased burden of funding traditional pensions may accelerate the trend away from defined-benefit plans and toward 401(k) plans." A third important source of income for retirees are individual retirement savings arrangements, which include "defined-contribution" plans, such as 401(k) and 403(b) plans and individual retirement accounts (IRA). An individual who participates in a defined-contribution plan or holds an IRA contributes to a personal account that resembles a savings or mutual-fund account. The individual's employer also may make contributions to the account. The amount of funds the individual has available for retirement depends on how much the individual and his or her employer contribute to the account and how well the investments in the account perform. In contrast to Social Security and employee-sponsored defined-benefit plans, a person with a 401(k), 403(b) or IRA account bears investment risk, according to Wooten. "If the investments in the account do well," Wooten says, "the account holder will have more money for retirement. If the investments do badly, the account holder will have less retirement income available. For retirees, this will mean reducing consumption or increasing income (by, for example, getting a job). For employees, it is likely to mean deferring retirement." Wooten is the author of "The Employee Retirement Income Security Act of 1974: A Political History," a book-length study of the most important federal law regulating private-pension plans. More recently, he prepared a study of pension-funding issues for the Ontario Expert Commission on Pensions, which is conducting a comprehensive review of the regulation of retirement plans in Ontario. Media may contact Wooten for an interview at jwooten@buffalo.edu or by contacting Charles Anzalone at (716) 645-5000, ext. 1412 The University at Buffalo is a premier research-intensive public university, a flagship institution in the State University of New York system and its largest and most comprehensive campus. UB's more than 28,000 students pursue their academic interests through more than 300 undergraduate, graduate and professional degree programs. Founded in 1846, the University at Buffalo is a member of the Association of American Universities. 5 �The Opinion law.buffalo.edu/orgs/opinion October 2008 Pat and Bob, who are transfer students, did not get elected as SBA 2L class directors. If you noticed any of the many conspicuous campaign By Dan Aiello signs, like the one with Uncle Sam pointing at you (Pat‟s) or the one of Bill Murray (what about Bob?), then maybe you've asked yourself, Who the hell is Pat and Bob? That‟s my point: Transfer students are struggling to adapt to UB Law, and disappointedly, they face many impediments that are unique to their situation. Now, since no transfer students are on the 2L board, many of the issues they have will go unaddressed. However, this forum may afford me, like Frank Costanza at his Queen‟s dinner table during Festivus, the opportunity to air a few grievances. “I Have a lot of Problems With You People, and Now You‘re Going to Hear About it.‖ -Frank Costanza One of my biggest concerns is the way UB Law Review (LR) selects its transfer members. The evening before transfer orientation, transfers received an email from LR stating: If you wanted to be a member a mandatory Bluebook citation test will be held in two days, followed thereafter with a casenote to be completed during the first week of classes. If you did better than most, you had a shot at making LR. Although I‟ve heard there are transfer students on LR (and I don„t know how they got there), the vast majority of transfers have not taken research and writing (R&W), and if they have very few know what a “casenote” is. Further, if you transferred from Thomas M. Cooley Law School (about six transfers altogether) having already taken R&W during the summer-term, then you used the ALWD citation manual and not the Bluebook. So, I emailed LR to tell them that, although I‟ve taken R&W at my former school, I used the ALWD citation manual in my memoranda and since the Bluebook test counted for 20% overall, I could only receive, at best, a 80% on my casenote. The reason I didn‟t feel very confident in faring well in the Bluebook test was because, at the time, I hadn‟t even purchased a Bluebook nor looked in one. From what the rumors suggested, both citation systems are fundamentally different, i.e., italics in ALWD and underlining in Bluebook (for case titles). The only thing I knew about the Bluebook was the color of the cover. I got a response from LR that said something to the affect of, Sorry your citation system doesn‟t “jive” with ours‟ (Bluebook), but you‟re going to have to take the test regardless. I wrote back saying, Surely you can accommodate the transfers and the L.L.M.'s by giving us more time to familiarize ourselves with the Bluebook, i.e., more than 48 hours, or better yet, allow us to try-out after we complete our first-term of R&W at UB (my credits from R&W did not transfer from Cooley). The return email said, basically, No dice. Now, I didn‟t expect that sort of response from a professional group like UB LR. Let me state for the record that, transfers, like all UB Law students, want to be on LR, because LR looks good on our résumés. So, why can‟t transfers have the same opportunity to try-out for LR like students who started their J.D. at UB Law? I haven‟t a logical clue. My simple solution: If you‟ve taken R&W at your prior school and you used Bluebook and know what a casenote is, then you can take the citation test and casenote try-out. If you‟ve taken R&W before, but the credits won‟t transfer and you didn‟t use Bluebook and you don‟t know what a casenote is, then you have the option of taking the test and casenote then, or waiting until after you complete your first-term of R&W at UB. If you haven‟t taken R&W before then you get to take the Bluebook test and casenote after your first-term of R&W at UB. Not all transfers are equal, but they all deserve the same opportunity to join LR as regular students. Back to Pat and Bob. How could they compete with, for example, the Rossi brothers? I don‟t know the brothers personally, but I know they had a huge poster on the stanchion in O‟Brian Hall and the picture looked like they wanted to give us “the business.” Plus, the student body already knew them from their firstyear. The Rossi's put in the effort and deserved to win. Some of the other candidates (and now victors) didn‟t even bother putting in any effort to run. It‟s because they were already well-known from their first-year and familiar names on the ballot. Pat and Bob, the two unknowns, put in the effort and they showed more interest in UB Law than some students that were here since the beginning. Too bad it was for naught. In my opinion, it‟s inherently unfair that not one transfer got elected. Here‟s the truth: The first year of law school bonds people and most of your best friends in law school are the ones you sat next to during 1L orientation. The transfers left those friendships at their previous schools and are starting over from scratch. Although we have enough credits to be 2Ls, we‟re learning the ropes like the 1Ls. Besides making new friends, getting acquainted with the educational and political differences between schools: we have to compete with the 2Ls that have had a head-start with interviews for next summer‟s internships and have already filled most of the area‟s positions. Additionally, the Simplicity Program isn‟t “simple” when it‟s your first time using it, and you‟re screwing up applications. Therefore, transfers have unique situations. That‟s why it‟s important that the SBA recognize these issues and fix it by reserving two seats for transfers, out of six total, for SBA class directors. The 2L class (because very rarely do people transfer in their first-year or third-year), must vote for two transfers and four others. That way, some of the issues I mentioned get addressed. Furthermore, and most importantly, the four regular board-members can integrate the transfer board-members (and therefore the transfer students) into UB Law and make the transition easier. These are serious issues to transfer students that have, fortunately, easy solutions. Although, it‟s too late to help my class of transfers, you can help next year‟s. If things change, it will truly be a Festivus Miracle! Opinions and Commentary The Opinion Staff 6 �The Opinion law.buffalo.edu/orgs/opinion October 2008 ‗To Vote, or Not To Vote‘ Four years have come on and gone since the last time Americans found themselves at the polls voting for president. While we are still a few months away from seeing how our country stands on the political side of things, we are currently in the critical stages leading up to just that. While students on campus have been enjoying bashing both the Republican and Democratic Party‟s stances from the debates, it is important to remind everyone to make sure that they are registered to vote and will actually get out and exercise their right to vote on the big day. Voting rights in America have come a long way. In 1870, the ratification of the 15th Amendment to the Constitution gave voting rights to all male citizens, regardless of race. In 1918, women were given the right to vote, Native Americans were given the right in 1924. One of the most important rights in voting came on July 1, 1971 when President Richard M. Nixon signed the final ratification of the 26th Amendment to the Constitution, which lowered the voting age nationwide from 21 to 18. This no doubt put a huge number of new voters into the system. By Aditi Bhardwaj This new batch of voters along with everyone else makes a huge difference in the election and Jodi-Kay the President of Black Law Student Association would agree. When interviewed, she expressed her serious stand on how everyone especially young people should vote. Jodi stresses not only the importance of voting but also the value of this particular presidential election. The 2008 presidential election, she says is “a revolutionary and mobilizing election that appeals to the younger generation, making it unique.” At her second BLSA general body meeting, Jodi encouraged and reminded the members to vote, regardless of impediments such as the recent disfranchisement Texas case in 2004. She explained that the more young people vote the more the elected officials will take an active interest in what is important to young voters. Young people are impressionable and passionate the perfect ingredients to bring about change we need. Jodi didn‟t stop at only encouraging BLSA members she made sure that some action was taken to reach all students. BLSA had a voter registration drive-table out in the law school lobby on Wednesday for which Jodi said that “it had to be done and no one was doing it.” The registration drive was convenient for all students in answering all sorts of questions from deadlines to absentee ballots. Finally, when asked what Jodi would say to the population that strongly believes that their vote does not count, she smiled and said I use to be one of them. However, overtime she has come to realize that it is not true, each vote counts and “you wont know until you try”. She pointed to history and how change has been possible i.e. when women were given the right to vote. Voting is a powerful way to get involved and become an activist. Well I say if you are still not convinced how important voting is then just understand the impact the Supreme Court has had on this country. There is a difference in the various presidential appointments to the Court, compare the Supreme Court decisions of the late 60's and early 70's – Miranda v. State of Arizona, Roe v. Wade with the Court's decisions of the 80's that have gradually whittled away at the decisions of a more liberal Supreme Court. Chances are the next president will nominate at least two Justices to the Supreme Court. This will affect not only your life but also that of your children and grandchildren. So the question then comes down to which candidate would you prefer to choose the most influential position in this country, that of a United States Supreme Court Justice. So, whether the excuse is apathy or laziness, voting has become a privilege that far many too Americans take for granted. The next time you neglect to vote, ask yourself how you would feel if you didn't have a choice – to elect a president, or choose a job, or decide how many children to have. There are many countries where a person does not have a choice, and I'm sure they would gladly change places with you for the fundamental privilege of voting! We live in a country where no matter what you believe, no matter what your race, sex or religion you are allowed to voice it, so take advantage of it and VOTE! "Should things go wrong at any time, the people will set them to rights by the peaceable exercise of their elective rights. " - Thomas Jefferson. Opinions and Commentary UB Law School Professor Says Beware of Common Misconceptions About the American Election Process University at Buffalo Law School Professor James A. Gardner today cautioned against giving too much importance to charges of voter fraud in American elections and supposed incompetence in administering elections. The process in the overwhelming majority of elections, he says, is working well. "We have to be careful about political propaganda being spread about how voter fraud, and to a lesser extent incompetence in the administration of elections, threatens democracy," says Gardner, an authority on election and constitutional law, and the UB Law School's vice dean for academic affairs. "This simply is not true," says Gardner. "There are more than 500,000 elected officials in the U.S. Virtually every one of these elections comes off without a hitch. The news media have a tendency to focus exclusively on the extremely rare but dramatic cases in which the outcome of a very close race is put in doubt by a very small number of possibly tainted ballots or a malfunction of voting technology or human error in the administration of elections. "These are very rare exceptions to the rule." Gardner says another common false impression is that elections in the U.S. are always close, and that the smallest errors or the occasional fraudulent ballot among thousands have the potential to destroy democratic self-government. "That's not the case," says Gardner. "In fact, the overwhelming majority of elections in the U.S. are so lopsided that no amount of error or fraud could change the result, and many, many elections are completely uncontested. Uncontested and lopsided elections may be a sign of something wrong with the system, but it has nothing to do with the administration of elections." Gardner, who is the Joseph W. Belluck and Laura L. Aswad Professor of Civil Justice and who has been frequently quoted by local and national media on election issuessaid election law and procedure still merit close scrutiny. For example, a recent Supreme Court decision upholding voter ID requirements in Indiana provides legal support for the aggressive use of anti-fraud measures, even though voter fraud was "essentially a non-existent problem." "This raises the specter, as it did during the last election cycle," Gardner says, "of Republicans invoking anti-fraud measures improperly to suppress legitimate voting, often by the elderly, blacks, the poor and other groups that might have a tendency to lean Democratic." The University at Buffalo is a premier research-intensive public university, a flagship institution in the State University of New York system and its largest and most comprehensive campus. UB's more than 28,000 students pursue their academic interests through more than 300 undergraduate, graduate and professional degree programs. Founded in 1846, the University at Buffalo is a member of the Association of American Universities. Since its founding in 1887, the University at Buffalo Law School -- the State University of New York system's only law school -- has established an excellent reputation and is widely regarded as a leader in legal education. Its cutting-edge curriculum provides both a strong theoretical foundation and the practical tools graduates need to succeed in a competitive marketplace, wherever they choose to practice. A special emphasis on interdisciplinary studies, public service and opportunities for hands-on clinical education makes UB Law unique among the nation's premier public law schools. 7 �The Opinion law.buffalo.edu/orgs/opinion October 2008 What Really Grinds My Gears in Law School… I am a Family Guy geek, what can I say? Stewie Griffin is basically my hero. Brian is the dog I want, and the stuff that comes out of Peter Griffin‟s mouth is, well, crude, but always entertaining. One day I was watching the episode where Peter gets his own airtime on the news to complain about “what really grinds his gears” (http://www.youtube.com/watch?v=JFdOrvrWp48), and I started going through the list of the stuff that really grinds MY gears in law school, or more specifically, our dear Charles B. Sears library. This is what I would like to share with you all. Whether you agree with me or not is a difference in opinion, but I invite you to think of some of your own as you read through mine! By Kristen Ng 1. That swinging saloon-like door in the library as you enter and exit. Seriously, is this necessary? What does it even do? I was inspired by this complaint as I was talking to a few classmates of mine (*coughkaraseancough*), and I thought more about it. The saloon-style door does NOTHING. It has no sensors on it to monitor the tiny proportion of people who would actually, God forbid, steal a book from the law library. It makes it really awkward when there is a whole row of people waiting to get out of the library, and if one person goes through without holding the “saloon door” open, it will swing right back and smack the next person in the crotch area. Classy. Efficient. NOT. 2. Reading/Exam week in the library. Ok, so for you 1Ls, you won‟t know what I‟m talking about, but for the upperclass students, you know EXACTLY what I am griping about. During reading/exam week, the library has access only for the law students, which is a great thing because it means that those pesky o-chem students can‟t spread their stuff across one whole table (which is next on the list). However, because the main entrance (on the 2nd floor) is not capable of installing a swipe card system (much like the one that grants access to the mail room), students have to go all the way up to the 6th floor to enter the library, then exit through the 2 nd floor if you want to, let‟s say, get a coffee, a cigarette break, etc. But get this: you canNOT exit through the sixth floor, only the second, and you cannot enter through the second, only the sixth. Does that make sense? I did not think so. That‟s about as coordinated as law students trying to pass around an attendance sheet (across the isle) in Room 106; complete cluster ... er, problem. 3. The fact that everyone seems to come into our library. Yes, ours. Granted, I am not a part of the law school this year (long story- but I am still a law student), but I still have to gripe about this. You know how half the people in the library happen to have every book of study, especially the sciences, BUT no law casebooks? The fact that other students use the law library does not so much bother me as the fact that a lot of these students do not extend the courtesy to us as we extend to each other and to them. We know to not answer our phones in the library; we either go out the library or into the elevator corridor to answer our calls. We know to not spread all our books, notes, computer, all over the table; we confine ourselves to a tiny 20”x20” space. We know not to talk at full volume; even though whispering is sometimes just as annoying, we whisper instead. I realize that we go to a public school and thus all the libraries are open to everyone. I am only asking for a bit of courtesy! 4. Loss of free printing I suppose this is something that I should not really gripe about since Buffalo is one of the few schools that had free printing for its law students. However, I must say that it is a huge pain for those of us who have classes where we write a lot of memos, briefs, or just papers in general, and for those of us who have outside commitments that require use of printing (i.e. journals, newspapers). The worse part about this is that students had no idea that there was now a “purse quota” for printing. I guess the school just forgot to tell us about this new “feature.” 5. The people who think it is ok to talk at full volume by the circulation desk. I like our librarians. I really do. But when I am trying to study right above the circulation desk, or even anywhere on the third floor for that matter, it makes it hard to do so when everyone is talking at full volume. I know that I should just move, put on earplugs, or something, but when parts of the third floor is designated as a “quiet” area, it does not help that I can hear every single conversation (whether a phone call or chatting with colleagues/students) that goes on by the circulation desks. I hope this list was as entertaining as it was a bit truthful. In all honestly, even though I may gripe about these things, I don‟t seriously stare down the saloondoors every time I go by them, or glare at the people at the circulation desks. For that matter, the only thing I do every now and then is maybe shoot someone a dirty look if they decide to talk about their weekend plans out loud on the phone. In conclusion, I ask you students to submit one thing that “Grinds Your Gears” to be published in the next edition. Opinions and Commentary The University at Buffalo Law School will no longer reside in O‟Brian Hall. Sometime in the relatively near fuBy Anthony Leone ture the law school will be kicked out. Making way for the influx of increased student enrollment, the UB 2020 plan entails removing the law school and all other professional schools from Amherst. The Law School is Kicked OFF Campus—Literally Where exactly will the campus be located once the move is initiated? The answer to that question is a bit esoteric, as no one will say precisely. To address this, the SBA formed the Institution Location Committee (ILC), which is directly advocating the students‟ voices to the administration. As of right now the committee wants to know how the administration is addressing the move. The committee‟s main contention is that the law school is being overlooked in the UB 2020 planning. The current UB 2020 projection shows the professional schools all moving to south campus and essentially fighting over one or two new buildings. The most logical and popular choice with the student body, however, is to move downtown into a new building. Moving downtown would offer recompense to the students, as the school would be located amidst the Buffalo legal community. Moreover, the ILC contends that a new building will dramatically increase the law school‟s ranking. Neither Dean Makau Mutua, nor the President of UB John Simpson have responded to the ILC‟s concerns about where the law school will be located. In similar fashion, none of the other law school deans have taken a stand on the law school‟s future place of residence. This seems a little disconcerting, as this is a major event for the law school. To make matters worse, the state has decided to grant $2 million to St. John Fisher‟s new law school and is discussing the possibility of creating another public law school. UB is currently the state‟s only public law school, so why is the state taking money out of its coffers and aiding a private institution so close to Buffalo? The state should focus its efforts on the State University of New York at Buffalo Law School, not a private school 45 minutes away and not another public law school when this public law school is in need of financial aid. This is an “active disinvolvement” in the law school‟s future, says Anna Falicov ILC member, referring to both the law school administration and the state. Action must be taken immediately, or the law school‟s future will be jeopardized. The ILC is vehemently petitioning for help. They already contacted faculty and alumni over the summer, and are in the process of writing a position paper and now need the help of law students. The committee requests everyone go to the October 15 Town Hall Meeting at 6 p.m. in the law school. Supposedly law students will be able to directly ask questions to the deans. You can join the Institution Location Committee by contacting Kathleen Moriarty, moriartykathleen@gmail.com. The future of the law school may very well be in your hands. 8 � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Opinion, 2008-10 Date Issued Date of formal issuance (e.g., publication) of the resource. 10/1/2008 Bibliographic Citation A bibliographic reference for the resource. Recommended practice is to include sufficient bibliographic detail to identify the resource as unambiguously as possible. 46 2 Publisher An entity responsible for making the resource available UB Law School State University of New York at Buffalo Law School Language A language of the resource eng Type The nature or genre of the resource Newspapers Text Is Part Of A related resource in which the described resource is physically or logically included. LIB-LAW003 Rights Information about rights held in and over the resource <a href="https://rightsstatements.org/page/CNE/1.0/">COPYRIGHT NOT EVALUATED</a>. The copyright and related rights status of this Item has not been evaluated. Please refer to the organization that has made the Item available for more information. You are free to use this Item in any way that is permitted by the copyright and related rights legislation that applies to your use. This digital collection is made available for research and educational purposes. Researchers are responsible for determining copyright status, and securing permissions for use and publication of any material. Copyright for items in this collection may be held by the creators, their heirs, or assigns. Researchers are required to obtain written permission from copyright holders and the University Archives prior to reproducing or publishing materials, including images and quotations. For inquiries about reproduction requests and permissions, please contact the <a href="http://library.buffalo.edu/archives/">University Archives</a>. If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/d4c142256026e24ab0f0ca5453625731.pdf ff46a3cda40315bdc2db5f2efe7529b0 PDF Text Text What happened to all the time we used to have before law school? - COMMENTARY ON BACK PAGE The Opinion THE OPINION UB Law School 101 O’Brian Hall Buffalo, NY 14260 http://law.buffalo.edu/orgs/opinion Vol. 46, Issue 1 The Student Newspaper of the University at Buffalo Law School September 2008 UB Law Students Branch Out to the City and England Every Law Student Should Go Abroad New York City Program By Kristen Ng By Olga Vinogradova I did not have any business or finance background before I applied to the University at Buffalo New York City Program in International Finance and Law (“the NYC program”). In fact, the only things that interested me were the international aspect and the location, New York City. Also, I was scared to start the program because I was not sure if my lack of knowledge of finance could potentially hurt me and put me behind the rest of my classmates. However, turns out I had nothing to worry about because the program is set up to allow students like me to learn basics in the January bridge course before moving to New York City. Now, I am fascinated with finance and want to pursue my career in this field of law. I am sure that every one of you, who is reading this at this exact moment, has had some sort of relationship with the term “study abroad.” Whether it be your roommate, sorority sister/fraternity brother, or TA who went abroad and came home to gush about it, or the tables and flyers that take over much of campus, we have all been exposed to the phenomenon of “studying abroad.” January Course The program starts with a January course designed to introduce students to the I have to say that I was definitely one of those people who was sucked into all the propaganda. “It will widen your horizons!” “You can travel everywhere!” “You’ll get to meet great people!” All the different tables and flyers each promised different things. I studied abroad in England my senior year of high school, and decided to forgo it in undergraduate school. Coming into law school, studying abroad was the last thing on my mind. However, I went to some meetings, talked to a few people who really enjoyed their experience, and decided to look into it. Of course, the dilemma is that everyone tells you that in order to be competitive for your future career, you should work See NYC Program · Page 5 See Abroad · Page 2 The Start of a New Cold War Risk Transfer Tools and Environmental Protection in the 21st Cen- By Eddie Gonzalez While the 2008 election will be dominated by the economy, the War on Terror, and Iraq, another issue begs consideration: the start of a new cold war. In the past month, Russia: While establishing clear lines of liability, the Superfund program created by the Comprehensive Environmental Response Compensation and Liability Act of 1980 (CERCLA) has encountered many challenges associated with carrying out its mission of cleaning up hazardous waste sites. The Environmental Protection Agency (EPA), which is responsible for administering the program, has been challenged in court for their action and inaction with respect to Superfund, experiences a consistent lack of financial resources, and is constantly facing an excessive amount of litigation resulting in the delay of cleanups at sites posing some of the most threatening environmental and public health risks in the country. 1) Invaded Georgia (a U.S. ally), 2) Threatened to invade the Ukraine, 3) Threatened to nuke Poland (another U.S. ally), 4)Declared its intentions to seize Arctic oil, 5) Sold anti-aircraft systems to Iran (a U.S. enemy), 6) Promised to build a space center in communist Cuba (another U.S. enemy), and 7) Landed two long-range strategic nuclear bombers in Venzuela. The law’s liability scheme has created an overwhelming number of lawsuits among potentially responsible parties (PRPs) that have been filed to determine liability in proportion to an individual party’s contribution of hazardous material. The vast majority of Superfund cleanups involves more than one PRP, and sometimes concerns thousands of parties. In order to reduce the delays and costs of cleanup projects the private sector has engineered environmental liability buyout agreements which transfer liability to a third party firm whom a PRP retains to implement a remediation plan. The plan is then insured to cover any cost overruns the cleanup project may face. I believe that as the election draws near Americans should focus their attention to the re-emergence of the Russian Bear. The consequences of a confrontation with Russia are awful: skyrocketing oil prices and/or war casualties that would dwarf WWI and WWII combined. Liberal White House……....2 With all this, both Sen. McCain and Sen. Obama continue to neglect the A Little UB History…………3 dangers that lie east. This is likely because the issue is exceptionally compliTransferring……………..….4 cated and cannot be answered in soundbites. As a former superpower, Russia Missing the Market………...5 possesses state of the art military equipment: radar, satellites, and nuclear weapons. It also has allies: Iran, VeneInside UB Law School…..6-7 zuela, Syria, Eastern Ukraine, and to a lesser degree, China, which if squeezed infra Participating in a liability buyout agreement not only saves money for PRPs but also effectively reduces transactional and litigation costs for the EPA. If a PRP is unable to be identified or is unwilling to comply with an enforcement order the EPA incurs that party’s share of the cost of investigating and cleaning up a Superfund site. In the course of seeking to recover these costs the EPA may need to interact with thousands of parties and their legal counsel in order to reach a consensus on a remedy or a settlement resulting in project delays, wasted administrative costs, and excessive legal See Cold War · Page 4 See CERCLA· Page 4 1 �The Opinion law.buffalo.edu/orgs/opinion September 2008 Excitement and Urgency: Generational Politics in the 2008 Presidential Election The 2008 presidential election has been a showcase for the influence and prominence of young voters’ participation in the political process. It has long been the stereotype that voters age eighteen to By Danielle M. Restaino twenty-five are apathetic or ambivalent in terms of civic participation, but this year there seems to be a new wave of activism and involvement that has characterized our generation’s contribution to the political debate. Perhaps many believe it is the historic nature of this election that has spawned so much interest among young voters. An inspirational candidate in Barack Obama, being the first African-American to carry his party’s nomination, as well as the campaign of Hillary Clinton, and now Sarah Palin, have served as confirmations of the progress America has in the idea of who has the ability to govern our nation. Yet the sight of minority candidates making such great strides is in no way new to our generation. We have grown up with the idea that regardless of gender or skin color achievement comes from hard work and perseverance. Everyone is capable of achievement. With this in mind it becomes apparent that there is something more driving the excitement that is so often spoken of when referring to the “youth vote.” It can possibly be characterized as a sense of urgency in the need to take responsibility for our futures through the political process that has encouraged our generation to become vocal in this year’s election. The mantle of change that has been thrown about so frequently this election cycle sounds good to many voters. After eight years of stagnation and quagmire in American domestic and foreign policy people are looking for something new. Something that will lower gas prices, make health care affordable, help to pay bills and mortgages and repair America’s reputation in the world. The message of change is a bit different though for our generation. Whether it is conscious An inspirational candidate in Barack Obama, being the first African-American to carry his party’s nomination, as well as the campaign of Hillary Clinton, and now Sarah Palin, have served as confirmations of the progress America has in the idea of who has the ability to govern our nation. or not, we understand that ultimately we will be the individuals to bring about this change. The kinds of technologies and policies that will be developed by the next president, whoever he is, will not occur rapidly. Those of us graduating from college and graduate school will be relied upon to carry out those new ideas and change the direction America is moving in. Political involvement is a way for us to have a say in which direction that is. For the first time we have the opportunity to vote in a presidential election where the stakes are very high, where the issues will markedly impact the decisions we make in the planning of our futures. This election is not a test for the candidates and their policies and positions. Rather it is a test for our generation, to determine if we have the judgment to lead, if we have the ability to take on the responsibility that will inevitably fall to us. This primarily is why in this election it is so important for young voters not just to become engaged, but to truly take an interest in the issues and the process such that the standard by which we choose a leader is raised. News pundits and the majority of the American electorate, people our parents and grandparents age, will remain the same. They will continue to use the same outdated litmus tests to determine which candidate is worthy of their vote. Who would you rather have a beer with? Which cookie recipe do you like better? How do they feel about any number of social issues that are meant to distract and detract from the substantive debate about actual issues that will help move this country forward: energy independence, the changing environment, a stagnant economy, or the war in Iraq? This is where our generation is beginning the change that is so urgently needed, the political process. If we raise the bar for the standard by which candidates are evaluated then soon the entire process will be renewed. It is up to us to keep that in focus this election. In doing so we can prove that we are ready to take the reigns of this country when our time comes. Our parents will not have to worry about the weight of responsibility that will be passed, and we will be able to navigate the world they are leaving us with the same comfort and ease we can campaign for a historic candidacy. While the “youth vote” is spoken about in terms of excitement and energy, we cannot forget the heavy consequences that come with this election. These consequences are what have motivated so many young voters to become active this campaign season. We understand that America’s future is entwined with each of our own, and that one really cannot succeed without the other. It is up to our generation to face the responsibilities of the future head on and in a decisive manner. We will be the ones who energize this country’s economy, we will be the ones who ensure health care for all citizens, we will be the ones who establish new forms of efficient energy, and we will be the ones who bring our sisters and brothers home from war. These are the issues that will shape our lives and the future of this nation, and for most young voters this election marks the beginning: the point from which we begin to take responsibility for America and our future. Opinions and Commentary Abroad · from Page 1 the first summer. I definitely took no heed to that advice. Instead, what did I do? I went galavanting across Europe! There is nothing about this past summer that I would change. I was able to study at one of the greatest institutions on the globe- Oxford University. Not only was I able to study with a noted human rights activist, but I was also able to explore England, the “Continent,” and venture to Morocco. And you know what, this summer trip did “widen my horizons,” allow me to “travel everywhere,” and introduce me to “great people.” If you think you are alone in wanting to go abroad instead of getting a job your first (or second) summer, think again. I can count nine people in my section who decided to go abroad, and nine more who wish they did. Think about it. In three years, when you start your job, you will probably find it hard to take two months off so that you can travel. Instead, you will be working, and working….and working. It is not a bad thing, but the fact of the matter is that you might have to wait until you retire until you can take a lengthy vacation. This past summer not only enriched my experience of a different culture (you have to admit, fish & chips and the Queen’s guards aren’t very “American”), but it truly gave me a wider perspective of how the law in a different country works. Studying law in a different country, with professors hailing from that country’s institutions (in my case, Oxford professors), allowed me the chance to “pretend” that I was an Oxford student. As a result, I studied in the traditional Oxford tutorial style, with an Oxford professor, in an Oxford building. All in all, it was an amazing experience that I am itching to repeat next summer. So, please, heed my advice and pay attention to those pesky tables, and take a closer listen to your friend, sorority sister/fraternity brother, or TA. You may well be on your next adventure. 2 �The Opinion law.buffalo.edu/orgs/opinion 1978: A Little Now and Then The Opinion September 2008 Volume XLVI, Issue #1 Editor in Chief: Anthony Leone, 2009 Contributing Editors: Eddie Gonzalez, 2009 Olga Vinogradova , 2009 Luis Segura, 2009 Danielle Restaino, 2009 Sarah Brancatella, 2009 Dan Aiello, 2010 Kristen Ng, 2011 Elizabeth Hersh, 2011 Adam Wynn, 2011 Jonathan Pollard, 2011 Taekyung Sung , 2011 The Opinion, 101 John Lord O’Brian Hall, Buffalo, NY 14260, is published by law students for law students. The Opinion is the non-profit official student newspaper of the University at Buffalo Law School, State University of New York. Any reproduction of materials herein is not allowed without the express consent of the Editorin-Chief and the piece writer. The Opinion welcomes your comments. Address your letters or guest columns to the Opinion Desk at amleone@buffalo.edu. All letters and guest columns must be signed. Include your full name, year, and email. Please limit letters to 300 words. Please limit guest columns to between 600 and 800 words. Submission of a letter or guest column constitutes an exclusive, worldwide, transferable license to The Opinion of the copyright in the material in any media. The Opinion retains the right to edit submissions for content and length. The Opinion does not endorse any of the viewpoints and opinions stated within its pages. Articles and pictures are for the express use of The Opinion and The Opinion claims no copyright privileges to the articles, work and photographs used in the following pages. September 2008 By Elizabeth Hersh Alumni love to talk about their experiences as UB law students, and as a first year law student myself, I already understand why. UB draws an outstanding group of students and faculty which provides for an exceptional law school experience. My dad is one of these chatty alumni, and boy will he talk your ear off. Perhaps it is because I have heard his stories so many times that I feel the need to share a few of them, but I also think it is very interesting how in thirty years, some things changed dramatically at UB Law, while others hardly changed at all. The year I would like to dive into is 1978, not because I love disco (I really do though), but because it is the year my dad graduated and the year where I could still hunt down a few professors who are still here at the school to talk to. In 1978, America was still trying to sort out the mess left from the wake of the Vietnam War. Students at UB Law School, like students across the nation, vigorously protested the injustices they saw not only in the war, but in society and government. In fact, UB was well known as a hot bed for political protest. By 1978, the mood had calmed considerably, but a sense of dissatisfaction toward local and national government still lingered. The protests from students at UB had been so extensive, the Buffalo area was very hesitant to affiliate with the University because of all the civil disobedience. It is hard to imagine a time when the surrounding communities did not want to associate with the University, because today of course, the communities seem to revolve around UB. In 1978, the law school itself was quite different. O’Brian Hall, the Education building next door, the Governor’s Residence Complex, and the Ellicott Complex were essential the only buildings on campus. O’Brian had only opened five years prior to 1978, so the school still had a very new smell, apparently like polished wood and paint. Some of the new classrooms featured dark purple carpeting which extended not only across the floors, but up the walls as well. The library was regarded as the “crown jewel” if you will, with its state of the art study carols, and overall modern design. Plus, there were no pesky undergrads frolicking around the library. I swear those youngsters think the middle stair way is a runway; anyway, back to 1978. The administrative staff was extremely small compared to what we see today. There was one registrar who had two assistants and a couple of secretaries. There were no career services, no law school financial aid personnel, and no academic assistance. Because the administrative staff was significantly smaller, students were much more involved in student governance, and the law school decision making process. The grading scale at the law school was somewhat different than today. Students had voted on a grading system where they could earn an “H*” for high honors, an “H” for honors, a “Q*” for especially qualified, a “Q” for qualified, a “D” for achieving the bare minimum, and an “F” obviously for failure. Although the letters were different from an A through F system, the actual grading system was essentially the same. The idea was to discourage the obsessive and overly competitive behavior that can develop when students are only working for a grade. The grading system was also supposed to help professors grade in a timely manner, but it actually had the opposite effect. In 1978 one of the biggest student gripes was over the amount of time it took professors to return grades, and although I have yet to experience my first round of exams, I hear the grading still lags a bit. Grading was not the only difference academically. For first year students in 1978, there was no research and writing class. Learning to write briefs, memos, case notes, citations, etc… had to be learned by trial and error. Also, there was no orientation before school started. It was much more of a “sink or swim” atmosphere, and to be quite honest, I am really glad things are not that way anymore. Students and professors had a different relationship in 1978 than they do today. The faculty in 1978 was much younger on average and this resulted in a more “collegiate atmosphere.” Professors and students even engaged in social activities together. The most successful of these social activities was a variety show called the “Law Revue.” The Revue captured the comical talent and musical talent of the students and staff. The Opinion wrote the Revue was the “best event the law school has ever witnessed.” If the new 1L SBA directors are looking for some fresh ideas, I think this may be a good one…. Another social activity was a touch football game involving faculty and students. Although Bill Greiner at The it was successful in the sense that a lot of students attended and it was a lot of fun, a couLast Revue Show, ple of people ended up with broken bones; it has yet to be repeated. Students and faculty 1974 also engaged in other, less injurious intramural sports to a greater degree of success such as Frisbee football. Although students and faculty may have had a chummier relationship, the professors’ dedication to the education and betterment of the students at UB is as strong today as it was in 1978. The fact that most law professors at UB had a supplemental degree in a subject unrelated to law, was a particular point of pride for the school in 1978 because this was not the case at many law schools. Today, the law school still strives to employ faculty who can bring a wide range of expertise to their classrooms. In addition to intramural sports students participated in as part of the law school, the sports law students enjoyed outside the law school were a little different in 1978. Of course everyone loved Sabres hockey games and that will never change, but what students loved almost as much was UB’s own hockey team. The games were extremely popular and very well attended. On the other hand, in 1978, there was no university football team. 1978 was also the last year that law school students could enjoy professional basketball in Buffalo. The Buffalo Braves played for eight years before moving to San Diego, and today they are known as the Los Angeles Clippers. Professor Barry Boyer in his office, 1974 Although many alumni still lament over the loss of the UB hockey team, partying has to be the topic alumni love to discuss the most. It is true that every generation thinks they party more than the last, but I hate to admit, this is not so. In 1978, the Elmwood bar scene was well established, but the downtown area was becoming a very popular place as well. Students enjoyed bars like Mr. Lange’s, which was your typical raunchy bar, but law students also enjoyed dance clubs like Club 747 which featured the hottest disco music and rock, (classic rock by today’s standards.) Cheap beer was, and still is, the choice for many law school students. Gennessee, Stroh’s, and Maximus Super which had a higher alcohol content, were the best beers for the buck in 1978. Many law students today would not say no to a Natty Light, or Keystone, some of our cheapest beers, but I do believe that most law students choose better beers when they can. I would not say law students party a lot, but when they do, they do it well. I would like to think that we are just perfecting our schmoozing skills. Although I love shag carpet, polyester, and disco, I would say 2008 has some pretty good things going for it also. There are many differences I could point out between 1978 and today, like how the law students of that year helped to perpetuate the idea that the seventies was the “bad hair decade,” but that is another article for another time. I hope someone in 2038 writes an article like this, just so I can reminisce on my days in law school at UB. Special thanks to Professor Barry Boyer for all his input and help and also many thanks to my dear old dad. For more information on the history of the law school, University At Buffalo Law School: 100 Years, written by Robert Schaus and James Arnone and published by the University at Buffalo Law Alumni Association in 1992 would be an excellent source. 3 �The Opinion law.buffalo.edu/orgs/opinion September 2008 The decision to transfer to the University at Buffalo Law School was relatively easy when comparing Buffalo with my other option, Hofstra School of Law. The difference in tuition is a whopping $22,967 (using the By Dan Aiello most current figures from official ABA data), and not to mention, Buffalo edges out Hofstra in both employment and bar passage rates. However, Hofstra is ranked higher than Buffalo in the U.S. News and World Report rankings (99 and 100, respectively). The NYS Government Puts Our Legal Ed. At Risk Why are more and more law schools including Stetson, Syracuse, Mercer, and the University of Louisville, maxing-out the “100” spot, while Buffalo appears to remain stagnant and potentially faces falling into whatever tier is beneath “tier 1” nowadays? It’s the fact that, like Hofstra, private schools are not administered by the local, state, or federal government, and they do not rely on public funds to support their legal programs. Instead, they rely on tuition to fund programs directly and are not reliant on a fiscally irrespirable New York State Government for higher education monies. Although tuition is higher, students are getting what they paid for with added accountability, and thus security in their law school investment. New York State Governor David Paterson has announced a $630 million dollar budget gap this year, which means, ostensibly, that the State doesn’t have enough of your tax dollars to support its bloated spending. The Governor has asked the SUNY system to trim $40 million dollars, which calls for a 7 percent reduction, on top of a previous 3.3 percent reduction (this year), in spending for each SUNY campus. Traditionally, the State provides the SUNY system with $3.4 billion dollars in aid, in which the universities return $7 billion dollars in tuition and fees. However, that aid will decline exponentially over the next few years thanks to sloppy state management. The University at Buffalo has said that an advisory group is in charge with informing top university administrators on where sacrifices can be made without hindering the University’s mission and objectives. The State Finance Committee has asked that the universities submit their plans for meeting the required cuts within the next few weeks. It won’t be until then that we know exactly how law students will be affected, but most of the 64 SUNY campuses have trimmed spending by not hiring new professors; holding spending on computers and other technology equipment; putting off the start of new programs; and issuing I would have had to live at home with my parents and that’s not good if you study in the nude. bonds. SUNY’s problems are part and parcel to the larger problem: New York State. According the U.S. Census Bureau, New York State has the second highest tax burden in the Country behind California. The New York Public Policy Institute has ranked New York number 38 out of 50 in competitiveness, which ranks states in categories such as fiscal policy, infrastructure, security, environmental policy, technology, business encumbrances, etc.. Furthermore, New York is losing ground in professional career growth, i.e., legal jobs, and is ranked number 40 out of 50 therein. These figures indicate New York is spending too much, borrowing too much, and fixing too little. It’s a bad time to go to SUNY, because our education is contingent on a legislature and an executive branch that is infamous for driving up debt and forcing business to leave this State in pursuit of a better tax climate. Along with business migration comes us, law students, chasing the businesses who are leaving. If we’re not employed in 6 months after graduation, how are we going to pay Uncle Sam and Wachovia back? If all the businesses are gone, UB Law’s employment rate will drop; If the SUNY system can’t find a creative way to make due with these additional cuts, UB Law’s tuition will go up; If we can’t make our loan payments on-time, we’ll sacrifice by not taking bar courses, and it follows that UB Law will have a lower bar passage rate. For every reason that I came to UB Law, the New York State government puts that investment at risk. I’m beginning to think that my friend, Chuck, made the right investment in attending a private law school, because I’m relying on New York State to reciprocate: my tax dollars in exchange for an affordable legal education that is one of the top 100 in the Country. So far, so good, but who knows what the cuts will bring in a few weeks, especially now that classes have already started. Since most of us want to believe we made the right decision to matriculate here, there’s a few things we could do to help ourselves: We could lobby our State Senators and Assemblymen, especially Assemblywoman Deborah Glick, Chairwoman of the Committee on Higher Education, and ask her and all legislators to amend our State Constitution to say that each year’s budget needs to be balanced before it can be passed, not that fiscal projections need to be balanced, because in reality (as we now see), projections are rarely accurate. As future lawyers and alums of UB Law, it is incumbent on us to change what needs to be changed, and that is New York State government. We need to make the effort to protect our investment from a government that, in the middle of the first-term, jeopardizes the very reasons we chose a public school over a private school. Deep inside I know I made the right choice to transfer to UB Law. The true reason, which I neglected to mention earlier, is that if I had gone to Hofstra, I would have had to live at home with my parents and that’s not good if you study in the nude. Opinions and Commentary Cold War · from Page 1 CERCLA · from Page 1 by Russia could cause tremendous headaches for the West. To be sure, a confrontation with Russia, or even hint of confrontation, would come at a dear price. So what should and/or could the West do to restrain Russia? First, NATO should extend membership to Georgia, the Ukraine, and other similarly threatened nations. Obviously, this would draw anger from Russia, as they view this as a direct threat to their sovereignty. However, a Russian military response is unlikely as an attack on a NATO member would draw a retaliatory response from the bigger and much stronger NATO. Second, the West can continue to fund and militarily train nations threatened by Russia: Ukraine, Georgia, Israel, and Azerbaijan. Other possible measures include denying Russia membership into the World Trade Organization (“WTO”) or expelling it from the G8. I do not think those measures are practical for two reasons: 1) Russia is already a non-member of the WTO and is still a threat, and as a result 2) to explicitly exclude them would only negatively affect the West, i.e., Russia increasing the price of oil. By supporting Western allies and extending NATO membership to threatened nations, the West can both marginalize Russia and maintain a strong deterrence to a Russian response. Whatever approach is taken, Russia will need to be a key priority for the next administration. 4 fees. However, sites employing insurance backed liability transfer agreements reduce the number of parties the agency must interact with from potentially thousands to only one, thus substantially reducing delays and expenses. Such improvements are particularly salient given the fact that contamination at Superfund sites present such considerable risks and the administration of the Superfund program is paid for largely with taxpayer revenues. Provided proper controls are in place to maintain cleanup standards and the EPA insists environmental contractors select comprehensive remedies, the expanded use of insurance backed liability transfer contracts at Superfund sites should be codified into law in order to advance CERCLA’s primary goals. �The Opinion law.buffalo.edu/orgs/opinion September 2008 A few days ago, before class began, I was monitoring AIG’s stock price on Google Finance. The stock market hadn’t opened yet, but AIG was on the brink of By Jonathan Pollard collapsing as there were rumors that its credit rating would be downgraded and that it did not have enough capital to cover its underwriting obligations. From the premarket price action of the stock, and the headlines about the impending Lehman Brothers bankruptcy, I knew there was going to be a huge move to the downside. So I made a bet that would AIG would fall majorly. Why You Need to Be in the Game One of my classmates who was sitting beside me noticed that I was looking at the stock chart intently and watching the tick by tick moves of AIG. He asked me if I was into investing and the stock market in general. When I told him yes, and asked him if he was, he said “No. And I don’t want to ever own a stock. Can’t you lose all of your money in a second? I mean, isn’t it like gambling?” It’s not all that important what I told him. But it is important what I’m going to tell you. The answer to the first question is that even though you can theoretically lose ALL of your money by investing in the stock market, that sort of feat takes a lot of talent. Unless the company that you’re investing in goes bankrupt, you more than likely won’t ever see your bank account go straight to zero. This is not to say that you can’t lose money over a specified period of time. I’ve lost money in the stock market before, and there are a lot of people who own stock mutual funds in their 401(k) plans who are losing money hand over fist now too. Markets go up and go down, but the stock market generally moves in tandem with the various economic cycles of the times. And over the long run – that is, over any 20 year period in the 20th century – stocks have outperformed all other asset classes. Yep, that includes real estate, bonds, precious metals, you name it. The answer to the second question is that yes, investing in the stock market is comparable to gambling. However, I don’t mean to imply by likening it to gambling that it is the same as betting on a roulette wheel, or buying a lottery ticket, or playing the slots at Seneca Falls. In the latter, you have absolutely no competitive advantage whatsoever. If you get lucky, you win money. If you don’t, you lose money. But when you invest, it is possible to make educated guesses, through research and personal experience, about which companies will be profitable. Here’s an example. Don’t you remember when you heard about the iPod back in 2003/2004? If you had noticed that all of your friends were starting to use it and other Apple products en masse and made a $100 investment in July 2004 and sold at the end of 2007, that $100 would be worth more than $1400. Here’s another one: you know those Ugg boots that so many women love? Those are made by Deckers Outdoor Corporation and if you had noticed the fad on college campuses in late 2005 and made a $100 investment, that $100 would have been worth $600 at the end of 2007. I want to backtrack for a second though. I am oversimplifying things a little, because not everyone will be able to pinpoint these homerun stocks all the time. Not even professional money managers can all the time. But the point that I’m trying to drive home is that as a small investor, you are often able to see fads and trends that are hugely profitable before the Wall Street types do. And although this is not true for everyone in our law school class, I would venture to bet that the majority of people here are in their 20s and 30s. These are prime investing years. The reason that they’re prime investing years is because you have enough time to make back any money you’ve lost in the stock market through future returns on investments and through your paycheck. Relying on your paycheck alone though will not allow you to retire in the comfort that I suspect most of you would like. Why is this? Because your paycheck is eaten up by inflation. If you, like my classmate, just keep your money in a savings account that pays 3% annually, and the cost of living goes up by 4% annually, you’re actually losing money. So you can try to “protect” your money by not putting it in the stock market, but in the end, you still lose out to inflation. Stocks have historically returned 8 – 9% a year, including dividends, over the past century. And obviously there are times like now where there are huge stock market gyrations, but over the long-term, the stock market is the greatest game/wealth-generating machine in the world. By not taking prudent risks with your money, you are actually taking the biggest risk of all – spending the last season of your life in material discomfort. Anyone, with any discretionary money, can get started with investing. If you see me around and you want to know more about what books you can read or what resources you can use to learn about investing, let me know and we can bounce ideas off of each other. Opinions and Commentary NYC Program · from Page 1 fundamentals of finance. Finance has its own language and during January, you will learn it on conversational level and by the end of the NYC program, you will speak it fluently. During the bridge term, students are required to write one to two memos every week, read financial publications and be ready to discuss financial news. One of the most important things in the finance and business world is to stay current and look forward. That is why the NYC program places so much emphasis on keeping up with the news. Spring Semester As February approaches, students make their move to the Big Apple. Spring semester classes are usually held at the Stony Brook Manhattan facility which is located on Park Avenue and 28th Street. This area of New York City is safe and easy to get to by subway, not to mention the fine array of Indian buffets available for lunch. Classes are held four days a week with every week covering a new topic, such as capital markets, bankruptcy, emerging markets and many more. Usually, there is a written assignment involved every week as well. The typical class begins with a professors’ lecture on the week’s topic which is followed by speakers who come and are either practitioners or experts in their field related to the topic of the week. Speakers make the NYC program such a unique experience. In law school, we are used to see an academic point of view but the program allows you to see and experience how it all works out in practice. Additionally, several of the speakers are involved in deals we read about in the Wall Street Journal so we got an insider’s perspective and understanding on some major financial events. Team Projects Team projects are the highlights of the program which give students an opportunity to get involved in an extensive study of real world financial or business related problems. Students are divided into teams and each team has a sponsor, who gives a team a semester long assignment/project. My team’s sponsor was a senior partner at Dewey & LeBoeuf LLP and we wrote a paper for him on best practice recommendations for an esoteric financial instrument. Our project sponsor met with us on a regular basis to discuss our progress and give his suggestions. Meetings with him were exciting events not only because of the opportunity to talk to someone who is highly knowledgeable and influential in his sphere of work, but also our project sponsor would always treat us to a nice lunch. At the end of the program, each team had to present the finished product to the whole class, our sponsors and professors. Exams The best part of the program is that there are no exams. However, the project, weekly written assignments and a large amount of readings compensate for the lack of exams. Living in a Big Apple There is no better place to study finance than in the financial epicenter of the world, New York City. However, living there is not for everyone. You will either end up loving it or hating it, but you will not find out until you try. Since I already lived in New York City for ten years, I tried to get a perspective of someone who is new to the Big Apple. One of the participants of the NYC Program said that “it’s nice to know that I can live in NYC, it kind of demystified the somewhat potentially intimidating aura surrounding it.” She discovered that New York City is “full of friendly people, great food and tons of possibility.” Another past participant said that before she did not even want to apply for jobs in New York City, but now she sees herself living there. Even though New York City is a big place, you are not going to feel lost there because the city has something for everyone. There are downsides of living in New York City as well. Rent is expensive in Manhattan. The produce tastes bad, unless you buy the most expensive organic kind. Many past participants missed Wegmans. Those downsides can be fixed by settling for a tiny apartment with roommates or renting a place outside of Manhattan, like in Brooklyn or Queens. Keep in mind that you will not be driving there because New York City subway system is very efficient and safe, so you will save money by not paying for gas. As to the produce, hopefully, you will get used to it. At least I did. 5 �The Opinion law.buffalo.edu/orgs/opinion September 2008 The Baldy Center for Law and Social Policy Getting to know us On the 5th floor of O’Brian Hall you’ll find the Baldy Center for Law & Social Policy. The Baldy Center is an internationally recognized research center devoted to fostering the interdisciplinary study of law and legal institutions, and is now directed by legal anthropologist, Law Professor Rebecca French. Student Participation The Center provides numerous opportunities for law and graduate student involvement in center activities, e.g., in October:  participate in faculty seminars and work-in-progress presentations  October 15: “Framing Reparations Claims: Differences between the African and Jewish Social Movement for Reparations” with Rhoda Howard-Hassan, Canada Research Chair in International Human Rights, Wilfrid Laurier University, Canada  October 20: “The Elastic Tournaments: The Second Transformation of the Big Law Firm” with Marc Galanter, Law and South Asian Studies, University of Wisconsin, Madison  October 22: “The Discomfort of Religion: Integration of post-War Immigrants in Western Europe Compared with the U.S.” with Leo Lucassen, Social History, Leiden University, The Netherlands  October 29: “Communally Held Intellectual Property” with Dorothy Noyes, English and director, Center for Folklore Studies, Ohio State University.  attend conferences and workshops, there are three this semester:  James Atleson, Values and Assumptions in American Labor Law: A 25th Anniversary Retrospective (September 19)  Same-Sex Marriage and Federalism (October 3)  Can Attorneys Disclose Clients’ Suicidal thoughts? Exploring the Ethical and Legal Issues (December 4-5) Interdisciplinary Study: Fellowships, Course Lists The Baldy Center encourages and provides advisement for students interested in the collaborative JD and PhD degree programs. Of particular interest to current students, is the Gilbert D. Moore Fellowship awarded each year to four academically superior students pursing the collaborative JD and PhD program. The Moore Fellowship provides a $20,000 stipend, a full tuition scholarship, and health insurance. Lists of interdisciplinary courses on law and legal institutions taught throughout the university are posted every semester on the Center’s web site. More Information Visit the Baldy Center’s web site at http://www.law.buffalo.edu/baldycenter/studentinfo.htm or stop by 511 O’Brian Hall for more information about any of these programs and opportunities for students. UB's Incoming Law School Class Among the Best Ever The University at Buffalo Law School this semester welcomes one of its most accomplished and selective classes in its 120-year history, a group of students Law School Dean Makau W. Mutua called a "breakthrough" for UB Law and the foundation on which to make UB one of the finest law schools in the country. The school's class of 2011 was chosen from a national application pool of over 2,300 applicants, an increase of 52 percent from the previous academic year. Only 31 percent of the applicants were admitted, making this year's class one of the most highly selective in recent years. "It is undoubtedly one of our strongest classes ever," according to Mutua. "It raises our selectivity and places UB Law in a strong position to improve its reputation in the profession, in the legal academy and among prospective applicants." The 222 first-year law students had a median LSAT score of 157, with 25 percent of those accepted scoring 160 or better. The class earned a median gradepoint average of 3.48; 25 percent of those come to UB with a 3.71 GPA or above. "This is simply a stellar class. Top credentials, fine undergraduate educations, interesting backgrounds," said James R. Newton, associate dean for administration. "I would say that this class has it all." Class of 2011 Profile From a national application pool of 2,304 –a 52% increase from last year– this group attended some of the best undergraduate schools in the country. Newton praised the law school's admissions office for a "superb" job and said the credentials of this class presented an "exciting future for these students and UB's Law School." The students come from some of the top universities and colleges in the nation, including Duke University, University of California at Berkeley, Vassar, Georgetown University and Cornell University. The average age is 24, with 30 percent over age 25. Twelve percent of the class holds advanced academic degrees. Sixteen percent come from out of state, and 48 percent are females. "The class of 2011 is impressive and demonstrates the competitive advantage we have in the legal education marketplace as SUNY's only law school," said Lillie V. Wiley-Upshaw, vice dean for admissions and financial aid. "Our students made a smart choice. We offer a high-quality legal education at an affordable tuition. They will be surrounded by other exceptional students and will earn a law degree that will allow them to fulfill their professional dreams – without having to mortgage their future." Wiley-Upshaw also said UB's Law School has increased its scholarship money by 55 percent over the previous year. Mutua said an accomplished and selective law class is central to the academic excellence and overall reputation of any law school, and is particularly crucial to UB at this point in its development. "It's the pivot on which great programs are built," Mutua said. The increase in this year's class statistics is a significant step toward enhancing UB's excellence and achieving a higher awareness of that status among other academic institutions throughout the country, he said. 6 �The Opinion law.buffalo.edu/orgs/opinion September 2008 New Director for the Law/Public Health Program On behalf of the University at Buffalo Law School, The Opinion would like to welcome Ruqaiijah Yearby to the community. Yearby joins us from Loyola University Chicago School of Law. She sees this as a “great opportunity” and a chance to work with “great people” and was honored to be appointed as director. The JD/MPH Program prepares students for work in public health law in a four years. Yearby contends that public health encompasses many exigent issues in today’s society needing immediate attention, including a lack of health care and elderly care. Graduates receive both a juris doctor and a masters of public health. A student enrolled in the program experiences a typical first year in law school, taking the core courses. For the next three years, students are able to pick and choose courses at their liking, similar to the typical upper level UB law student, with the exception that sometime during their tenure they must complete thirty credits in the School of Public Health, located on the South Campus. At the end of the program, the students are required to complete an integrated project between both schools. The project involves research, writing and probably the drafting of an amicus brief. Yearby is originally from Detroit and sees Buffalo as a nice change of pace, because she is more accustomed to a small town atmosphere, where she can move around quickly. She received her J.D. from Georgetown and her M.P.H. from Johns Hopkins. For more information on the program, please contact Professor Yearby at rayearby@buffalo.edu. Rebecca French Named to Head Baldy Center at UB Law University at Buffalo Law Professor Rebecca Redwood French, a Roger and Karen Jones Faculty Scholar, has been named director of the Baldy Center for Law and Social Policy at the UB Law School, Dean Makau W. Mutua announced today. An international authority in law and anthropology, French has done landmark research on the Buddhist legal system of Tibet. French's appointment takes effect Aug. 16. She succeeds Lynn Mather, UB professor of law and political science and a distinguished scholar in the area of law and the courts, who came from Dartmouth College to Buffalo to head the Baldy Center in 2002. The Baldy Center is an endowed, internationally recognized institute that supports the interdisciplinary study of law and social institutions. More than 100 UB faculty members from 17 academic departments participate in Baldy Center research, conference and scholarship activities, as do an increasing number of graduate students. The center maintains cooperative ties to other interdisciplinary research centers and co-sponsors a regional network of socio-legal scholars in New York State and Canada. The Baldy Center also hosts distinguished scholars from around the world as visitors, speakers and conference participants. "I am delighted that Rebecca French has agreed to lead this crucial component of the Law School's research mission," Mutua said. "Her experience in studying comparative law and her enthusiasm for the possibilities of interdisciplinary approaches to the law can only strengthen the unique mission of the Baldy Center at the University at Buffalo and beyond. As we continue to enhance UB Law School's academic reputation nationally and internationally, the Baldy Center will play an important part in our continued success." French joined the UB Law School from the University of Colorado School of Law, where she conducted the research for her groundbreaking book "The Golden Yoke: The Legal Cosmology of Buddhist Tibet." The project was an outgrowth of her interest in Asian legal systems and her experience at Yale University, where she earned both a Master of Laws degree and a doctorate in anthropology. A philosophy major as an undergraduate at the University of Michigan, she earned her J.D. degree from the University of Washington Law School. She served for three years as a public defender and for four years in general practice in the Pacific Northwest. French has spent time in India doing research on Buddhism and the law in the Tibetan community there. As an expert in Tibetan law, she has spearheaded the development of the new discipline of Law and Buddhism and has organized the first international conferences and working groups in this area. French was instrumental in bringing the Dalai Lama, the exiled religious leader of the Tibetan Buddhist community, for a much-heralded visit to UB Law School in September 2006 for the first discussion and conference with the Dalai Lama on Law, Buddhism and Social Change. Cambridge University Press next year will publish her edited work, "The Cambridge Companion to Law and Buddhism," which will be the first comprehensive volume on the topic. She is currently conducting a major research project that brings tools of anthropology to bear on 2,500 cases on religion in the United States. The University at Buffalo is a premier research-intensive public university, a flagship institution in the State University of New York system and its largest and most comprehensive campus. UB's more than 28,000 students pursue their academic interests through more than 300 undergraduate, graduate and professional degree programs. Founded in 1846, the University at Buffalo is a member of the Association of American Universities. Have an Opinion? Let us know what you think. Visit our web site at http://law.buffalo.edu/orgs/ opinion to find out how to contact us. 7 �The Opinion law.buffalo.edu/orgs/opinion September 2008 I told our editor-in-chief, Anthony, that I would try to come up with something decent to share for this latest Opinion publication. I have opinions. Tons of them. By Luis Segura Not always well-organized ones, but opinions nonetheless. I started listing several different topics that I might want to cover and that you would hopefully find interesting. Then I went on to cross out every single idea on the list. I considered discussing national politics. You get enough pigs and pastors every day on the so-called news, so I promise not to bother you with that. How about my opinion on the Law School’s growing love affair with multiple choice testing? Maybe next time. But good luck to you 1Ls as you prepare to tackle the Commerce Clause or contributory negligence in the form of four or five neatly packaged choices. When in doubt, go with C! As I looked at my list of crossed-out potential topics, I realized what a great opportunity I have here. For the first time since I started law school in August of 2006, I am not regurgitating case law or flipping through an awesome little book reminding me of how stupid I was for not remembering to add a space between “F.” and “Supp.” on that last minute memo. Nope. Not today. No calling the nice Lexis folks with the southern accents for help. No impatient partner to impress with my pathetic research results on a completely ambiguous area of federal civil procedure law before noon. Just putting my thoughts down on paper. Just you, me, and my laptop. Read Any Good Books Lately? The title of this piece might seem a bit random to you. While randomness is kind of a specialty of mine, this title is actually somewhat relevant. It is a question that my non-law student friends (you know, those who get more than six hours of sleep and still have their eyesight, hair, and liver intact) ask me from time to time. A question that usually evokes a good laugh and makes me put my highlighter down for more than five seconds. A question that no law student would bother to ask me. “Have you read any good books lately?” When we actually get to chat for more than a couple of minutes, my friends from back home love telling me about the latest novels and non-fiction books that keep them captivated. They e-mail me copies of their most recent paintings, sketches, lyrics, and poems. Most of these works are quite impressive. Then I rush home to squeeze in a little sleep between my afternoon class and one of my countless student organization meetings. As always, I walk through the door of my increasingly messy apartment to find two unfinished oil paintings in the living room staring me in the face. One of the New York City skyline, and another of what I imagine a Hawaiian landscape to look like. These paintings have been staring me in the face since August of 2006. Teasing me. Reminding me of what I allowed law school to steal from me. I highly doubt that I am alone here. I am sure that many of you have also surrendered some of your passions on the quest to obtaining a highly coveted law degree. We try to convince ourselves that this surrender is only temporary, and that we will continue doing what we love as soon as we take on that nasty little test in July after our final year. I am certainly not saying that we cannot be passionate about the law. Of course we can. In fact, we should be. Nurturing our passion for the law will undoubtedly enable us to become exceptional attorneys, professors, and crusaders for various public causes. In this article, however, I am referring to those passions for which we do not receive a paycheck. The various passions that make us who we are. Many of my conversations with some of you involve going through an exhaustive list of things that we used to enjoy doing before law school. It kind of goes something like this: Before law school… I used to exercise twice a day. I used to race competitively. I used to volunteer several hours a week at the community center. I used to skydive. I used to surf. I used to read every major autobiography that I could get my hands on. I used to go around sketching anything and everything around me. I used to discuss and consider the teachings of my favorite philosophers. I used to build things with my hands. I used to “freestyle” with my friends. I used to cook. I used to play in a band. I used to go to the beach at sunrise just to sit and think. I used to write poems and even got the nerve to recite a couple in public. I used to walk around the city taking artistic photos. I used to meditate. I used to have daily conversations with my brother and sister about serious life issues, funny memories, or nothing at all. Some of the items on this list are passions I nurtured prior to coming to law school, and others are passions that some of you used to pursue. Do not think of this article as just another reminder of what you used to be able to do. My intention is not to be a downer here. Think of this as a call to action. An opportunity to sit down for a moment and consider all of the different passions that you once actively nurtured, and the goals that you felt compelled to put aside when you came here. Maybe you can even list them in order of priority. Once you have done this, try your best to figure out which of these passions you can reasonably handle. Squeeze them into your busy calendar. Then go for it. I know what you are probably thinking. That you are way too busy. That as a law student, you just do not have the time. This is an easy excuse to rely upon. I should know. I use it all the time. The path of least resistance is always easy. Of course, law school is important. Your career is important. But let me ask you this: is a degree more important than your development as a person? Is a job more important than your connection with loved ones? I seriously hope not. As I write this article, I am disappointed in myself for not having addressed this issue earlier in my law school career. Writing this piece has been surprisingly therapeutic for me. Now if you’ll excuse me, I have a couple of oil paintings sitting in my living room to complete. The mess can wait. 8 � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Opinion, 2008-09 Date Issued Date of formal issuance (e.g., publication) of the resource. 9/1/2008 Bibliographic Citation A bibliographic reference for the resource. Recommended practice is to include sufficient bibliographic detail to identify the resource as unambiguously as possible. 46 1 Publisher An entity responsible for making the resource available UB Law School State University of New York at Buffalo Law School Language A language of the resource eng Type The nature or genre of the resource Newspapers Text Is Part Of A related resource in which the described resource is physically or logically included. LIB-LAW003 Rights Information about rights held in and over the resource <a href="https://rightsstatements.org/page/CNE/1.0/">COPYRIGHT NOT EVALUATED</a>. The copyright and related rights status of this Item has not been evaluated. Please refer to the organization that has made the Item available for more information. You are free to use this Item in any way that is permitted by the copyright and related rights legislation that applies to your use. This digital collection is made available for research and educational purposes. Researchers are responsible for determining copyright status, and securing permissions for use and publication of any material. Copyright for items in this collection may be held by the creators, their heirs, or assigns. Researchers are required to obtain written permission from copyright holders and the University Archives prior to reproducing or publishing materials, including images and quotations. For inquiries about reproduction requests and permissions, please contact the <a href="http://library.buffalo.edu/archives/">University Archives</a>. If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/91e8c895a6b54eaeb5c2833d4216373f.pdf cbcf69ab4fdded8857867d7e3e5f4654 PDF Text Text Is the MPRE Worth the Weight? -COMMENTARY ON PAGE 4 The Opinion THE OPINION UB Law School 101 O’Brian Hall Buffalo, NY 14260 http://law.buffalo.edu/orgs/opinion Vol. 45, Issue 2 The Student Newspaper of the University at Buffalo Law School Bar Review - What is right for you? Bar Review & You If you plan on taking the bar, you owe it to yourself to By Patrick Krey, LLM’08 look into the various bar review courses available. I was hesitant to jump on the BarBri bandwagon my first year. I wanted to look at all the different options available. Now that I can‘t put it off any longer, I finally looked into the options out there. I compiled a comparison chart to help me make my final decision. The data that was filled in was based on discussions with company representatives, UB faculty, prior customers and information from their websites. Here is my disclaimer: it is for reference only and you need to verify everything with the company first before you make your decision. The top choices that I considered were:     BarBri, which is the big provider nationally (and subject of recent antitrust suits) MicroMash, which is owned by BarBri and is the home study supplement version Pieper, the New York State based popular alternative to BarBri which has both an inclass option and a home study one; and Study Group, a newer, highly customizable home-study program I encourage anyone seriously contemplating spending that much money to thoroughly review the various options themselves and talking to various sources before making their final decision. I did and I will probably end up going with BarBri after all just because I don‘t want to risk it. UB was only able to track bar pass rates for BarBri from last summer and the pass rate was 82.4%. I hope this chart helps to start you on your own search for the bar review that is right for you. See Bar Review Chart on Page 2 Questioning the Legal Standard By Jesslyn Holbrook, JD ‘10 Two recent experiences have forced me to re-examine my status as a woman in the legal profession. The first involved a mentoring program that I attended geared towards advising women in the profession. It was an opportunity for aspiring female law students to interview experienced career professionals for a perspective on being a woman in the legal profession. Although I have only good things to say about the program on the whole, one of the lawyers that I interviewed left me somewhat troubled. My question to her was whether she felt that she faced any obstacles in her career because she was a woman. After thinking about it for a moment, she responded, ―I‘ll give you an important piece of advice; I always wear a skirt on days when I have to do something important, like appear in court.‖ She then tried to qualify her statement saying that it wasn‘t because she had nice legs that she should wear a skirt; that doesn‘t matter. Rather, it was just that some judges infra Bar Review Chart………………...2 March 2008 Gordon Brown, the British Prime Minister, recently pushed through the House of By Frank Cubero, Guest Writer Commons an approval of a new treaty for the European Union. Over the objection of the opposition, many of his Labour backbenchers and in a rather conspicuous violation of his campaign promise to grant a referendum on a future EU constitution, the measure passed and headed off to the House of Lords. The obsession of the European elite with EU institutions, as highlighted by Brown‘s unscrupulous tactics, is truly breathtaking and grows seemingly blinder and more dedicated with each passing year. A Common Heritage, A Similar Future The astonishing aspect of the treaty‘s approval is that a country – indeed an entire continent – which we regard as the birthplace of democratic principles could so flippantly sidestep the most fundamental expression of public opinion (elections) when the most essential underpinnings of public identity and expression (national sovereignty) are being altered. At every turn, when given the opportunity, the proponents of an ever-expanding European Union see any public threat to their pet project, they do their best to avoid the whims of the public. When France rejected by referendum the EU Constitution that needed to be unanimously approved by each member state, the elites re-wrote it and informed the French that their country would approve the constitution without a referendum. When Poland‘s support for the new version of the constitution waned, the Polish Prime Minister had to ensure the EU bureaucratic oligarchy that he would do his best to ―avoid‖ a referendum to guarantee passage of the new treaty. Gordon Brown merely played a high-stakes game of semantics, arguing the new treaty was sufficiently different from the rejected constitution that it was not truly a constitution at all. See Europe on Page 2 and colleagues in the profession still have particular notions of professional attire for women. While it seemed innocent enough, that comment shattered some of the (maybe naïve) illusions I had regarding the justice system. That lawyer‘s ―advice‖ brought back a distinct memory from when I was a young girl- the affect that Marcia Clark‘s image had on the O.J. Simpson trial. I remember the sharp criticism Clark received after sporting a new ―softer‖ hair style into the courtroom. The news reporters wanted to know what her ultimate motive was in styling her hair, and how the court and jury would respond. Perhaps Marcia knew how to play the femininity card in court, but did she ever foresee the extent to which the media would focus on it? I was eleven years old during that time, but its portrayal obviously played an important enough role in my life to stick with me after all of these years. It was a critical introduction to the peculiar social standards that would exist for me in the future. In doing some research to confirm my memory of the Simpson trial, I stumbled upon an especially relevant quote that University of South California professor, Susan Estrich, gave in response to the Marcia Clark image criticisms. "This woman is in the business of prosecuting murderers, and the notion that she has to do it wearing pink is a stunning indictment of how far we've come in terms of Commentary……………………2-4 See Questioning on Page 2 Suppression of General Motors By Anthony M. Leone, JD ‘09 There once was a time when the word ―Cadillac‖ denoted the best, highest stature a particular product could achieve. It was an honor to be known as the Cadillac of ….whatever. Today, mentioning the word ―Cadillac‖ in association with quality is not only cliché, but also grammatically awkward. Accordingly, the entire General Motors Company has become awkward. The company is no longer the Cadillac of car companies, nor does it create cars that people are actually willing to drive – it just announced the biggest annual loss for an automobile manufacturer, $38.7 billion for 2007. Yes, billions of dollars. Sure, GM could point to their ongoing battles to satisfy their employee‘s compensation, pension and buyout packages, but the real problem for GM is rooted in its inability to build cars the consumer is excited about. Being number one for so long has created a situation where the company does not truly know how to cater to its demographic. The case used to be that the American GM consumer was very loyal. Unfortunately, years of unquestioned loyalty led GM to have a nearly complete lack of attention to the market. The American consumer is no longer dedicated to any one brand, not only due to a plethora of worthy choices, but also due in part to the speedy access of information today. Rural America is no more; everyone, no matter how distant from metro-utopia has a cell phone and Wi-Fi, and is able to research every relevant competing product from the comfort of their own homes in seconds. This disbanding of loyalty does not bode well in today‘s market for companies who coasted through decades of ignorance, creating products mindlessly purchased by loyal consumers. On the positive side, the most notable GM development this century was the reinvigoration of its Cadillac lineup in 2002. The 2003 CTS (released in late 2002) made a huge impact in the car industry, receiving acclaim around the world. The Cadillac demographic immediately dropped from the long standing senior citizen age, to established younger people starting their professional careers and families. Yet the newly redesigned 2008 CTS seems to be a step backward for Cadillac and the General Motors Corporation, who once again seem intent on meeting their own demands rather than the consumers‘. Instead of riding the past success of the original 2002 CTS, which had become viable contender for the entry level midsized luxury car category (BMW 3-Series, Mercedes C-Class, Acura RL and Audi A4), GM once again reverted back to its See GM on Page 3 1 �The Opinion law.buffalo.edu/orgs/opinion March 2008 Bar Review Chart · from Page 1 Type of Bar Review Cost for both NYS and Multistate Review Material Included Payment Options Bar Bri MicroMash (supplemental) Pieper $2,850 MBE Supplement: $495-995 depending on level selected; NY State supplement: $495-995 depending on level selected.(Total for both ranges from $990 to $1990) $2,795* Books and access to No DVDs, just books and softviewing DVD lectures at ware programs. Subject outlines; Books and access to viewing UB, Pieper's method insoftware (online and offline verDVD lectures at UB cludes handwriting the sions); mentor program (super lectures to encourage and excel levels only) memorization No option for individual supplement purchases; if MBE & State Pay 1/2 before you start supplement purchased together, course and pay remainder by then pay a non-refundable demiddle of June.* posit & finance charge; balance is due 1 month after the bar exam Generally no lectures; the MBESuper and State-Excel levels offer techniques lectures (approx 1 hour each) DVD in class Lecture Method Course Schedule Starts May 19th until July 15th with 3 - 3 1/2 hours spent per day listening to recorded lecture @ UB and recommended 7 - 8 hours of home study reviewing the material Pass Guarantee * Pieper - Home Study Study Group $3,945 (includes $550 deposit for the DVD or $1,895 (program is podcast material highly customizawhich you can re- ble and prices vary deem when you return based on specials) the materials after the * exam) Books & outlines Credits deposit for other bar review you might have already signed up with & you have up to the Pay deposit to secure first class for full payment availability, ships (might have to wait for upon full payment as material if you wait up to early as March 15th the last minute - 5 volume set of textbooks ships upon receipt of full payDVD in class DVD at home Audio CDs, books & outlines * Audio CDs and books at home Starts May 21st until July 15th with 4 hours spent per day viewing recorded Recommended 10 MBE Supplement: No schedule; lecture @ UB and recom- weeks before bar reState Supplement: weekly Recommended 10 mended 6 - 7 hours of view but Pieper will schedule provided based on 7weeks before bar home study reviewing the provide you with a week (state-super) or 10-week review material (Pieper provides detailed study sched(state-excel) period a detailed schedule on ule studying and assignments throughout the There is a discounted repeater rate for $995 Yes* There is a discounted repeater rate for $1,995 Yes* * = see web site and/or contact for complete details and options ** = class hours & recommended home study time vary throughout program Opinions and Commentary Questioning · from Page 1 Europe · from Page 1 equal rights." I thought it particularly poignant that in 2008 I am struggling to cope with the same backwards issue. Not long after my incident at the mentoring program, I had a similar experience concerning gender customs in the legal profession. As I was saying goodbye to a group of friends, one of them - a male- systematically shook everyone‘s hand in the group. He did not, however, shake mine. After an awkward pause and a little self consciousness, I finally put my hand out. He took it and we parted ways. Later, in talking with him, he told me why we shared that uncomfortable moment. In an informational meeting he had recently attended regarding courtroom social etiquette, he had been instructed that a man was not supposed to shake a woman‘s hand unless she “I’ll give you an important piece of advice; I always wear a skirt on days when I have to do something important, like appear in court.” offers it to him first. I was instantly covetous of this bonding ritual shared amongst men, freely shaking hands without self conscious second thoughts or fear of committing a serious social infraction. I will try not to exaggerate the issue too much, but the point is, the justice system that I had previously conceived of, although misguided at times, had not come as far as I had believed. How can I be considered an equal if customs apply differently to men and women? Where is the impartiality of the justice system if wearing slacks biases your client? Let us not forget that terribly devastating period in fashion history – the shoulder pads era – in the name of looking more like a man. What does it mean that we must keep these social traditions in mind, as if it were a checklist? Does it mean that we haven‘t moved as far forward as we thought? Or worse, does it mean that we are actually moving backward? I don‘t think that it is important that the two specific incidents I have described are not necessarily representative of the profession. The fact that these archaic customs are passed down and integrated into the education of new and promising law students is a tragedy. These biases are inexcusable, especially given their effect on a profession that prides itself on equity and fairness. The nature of these preconceived notions is to slip by unnoticed. They are simply a part of daily life. Neither the lawyer who gave me the advice nor the friend who waited for me to extend my hand was conscious of the perverse traditions they were perpetuating. And that‘s the point. Only once we come to acknowledge those instances when we‘re engaging in perpetuating stereotypes by the small things we do daily, can we begin to change the effect we have on our notions of equality. 2 Proponents of the European Union would argue that they are merely doing their duty as wise representatives of the people in pursuing Europe‘s best interest. After all, anyone in the modern world who irrationally holds allegiance to the antiquated notions of nation-states and cultural unity must not be trusted to make their own decisions. Thus the argument goes; as the bureaucrats convince themselves to further extricate the long-suffering common folk from their quaint democratic processes, Plato‘s Republic grows ever closer to full implementation. Flip to our side of the Atlantic. The fundamental question is: should we particularly care what policies and institutions Europeans adopt and by what means they implement them? The obvious answer would be ―no.‖ And the obvious answer, as usual, is probably the right answer. However, in a country that inherited nearly all of her democratic principles and institutions from Western Europe, we should consider both the evolution of those principles and institutions in the context of the European Union‘s expansion and the potential direction our own democracy may head. Obviously, no democracy is perfect and ours is no exception. Some would argue that, due to institutional biases and cultural prejudices, our country has never achieved ―democracy‖ as we envision it. Others believe that we have slowly forfeited our democracy to special interests, bureaucrats, and politicians. Realistically, both views likely contain kernels of truth. However, whatever the current state of our democracy, it is difficult for any rational American to imagine unelected bureaucrats wholly subverting the democratic process in an attempt to alter our fundamental institutions. Even the most ardent conspiracy theorist would be hard pressed to envision changes to the American system comparable to those in European countries taking place at the whim of unelected government administrators, with the support of political leaders. These are not mere individual rights and liberties being altered (an occurrence which many might argue takes place regularly), but rather the mechanics of our democratic system. European referenda on the EU Constitution have failed due to the public‘s affinity for their own national institutions. Rather than leaving their policy decisions to be made by a transnational system in Brussels, the European elite were shocked to discover that Europeans preferred their individual parliaments, prime ministers, and presidents to make decisions regarding their everyday lives. Similarly, most Americans prefer government by elected bodies rather than administration by civil servants. Such preferences are highlighted, if only anecdotally, by the countless jokes regarding the IRS or the DMV that litter the public repertoire. How, then, have the administrative arms of the government managed to so effectively broadened their reach to the nearly every facet of modern life? See Europe on Page 3, top �The Opinion The Opinion March 2008 Volume XXXXV, Issue #2 Co-Editors in Chief: Patrick Krey, ‗08 Anthony Leone, ‗09 Contributing Editors: Jeff Colt, ‗10 Kristen Ng, ‗11 Jesslyn Holbrook, ‗10 Frank Cubero, guest writer The Opinion, 101 John Lord O‘Brian Hall, Buffalo, NY 14260, is published by law students for law students. The Opinion is the non-profit official student newspaper of the University at Buffalo Law School, State University of New York. Any reproduction of materials herein is not allowed without the express consent of the Editorin-Chief and the piece writer. The Opinion welcomes your comments. Address your letters or guest columns to the Opinion Desk at amleone@buffalo.edu. All letters and guest columns must be signed. Include your full name, year, and email. Please limit letters to 300 words. Please limit guest columns to between 600 and 800 words. Submission of a letter or guest column constitutes an exclusive, worldwide, transferable license to The Opinion of the copyright in the material in any media. The Opinion retains the right to edit submissions for content and length. The Opinion does not endorse any of the viewpoints and opinions stated within its pages. Articles and pictures are for the express use of The Opinion and The Opinion claims no copyright privileges to the articles, work and photographs used in the following pages. law.buffalo.edu/orgs/opinion March 2008 Europe · from Page 2 Today, the bureaucrats have a role in the amount of water in your toilet, the type of light bulb in your lamps, the type of signal on your TV set, the type of fabric on your sofa, the content of gas in your car, the types of labels on your food, and the list goes on. Our democratic institutions, the Congress, the Presidency, and our State governments, have surrendered their duties to administrative pencil pushers. Lacking the resolve to address difficult issues, the best option was for states to punt to the Congress, and for Congress to drop the problems of government on the administrative institutions. Unlike the Europeans, we needed no new treaties to avoid the democratic solution to serious national issues, the institutions already existed, waiting for the elected branches to shirk their duties and bestow further power to America‘s burgeoning bureaucracy. Indeed, no referendum was asked, nor was it necessary, the decisions were set in motion 200 years ago. Many Americans watch with awe at the decline in democratic principles within the European elite and think such policies and tactics run counter to the liberal democratic principles inherent in much of Western culture, hoping we can avoid such governmental excesses. Others admire the ability of Europeans to regulate the dangers of human life and seek to emulate their superior administration of government. Looking at the vast breadth of modern American government, it is not outlandish to think that, perhaps, we are already there. Combating Terrorism: Any Solutions? By Kristen Ng, JD’11 In the wake of the 21st century, we find ourselves becoming increasingly concerned about the safety of our nation. The word ―terrorism‖ is a term that most ten year olds can comprehend. As we all know, terrorism is not a small act; it is an act that takes serious planning, and when executed successfully, lives are at stake, whether in single digits or in the thousands. We, as adults, understand that the four main goals of terrorism, according to Jack Gibbs, are as follows: to alter the reputation of the group it attacks, to stay anonymous but still have a presence in the world, to strike fear into the targeted group, and to operate in numerous cells around the world. After the events of 9/11, there is still fear lingering in the air (where are they going to attack next?), and even today our confidence in our government is lessened because the government has profoundly failed in its job to protect us. We think to ourselves that another attack can occur again at any time, any day, any place. The real question is: are we powerless to stop it? I do not think the government has gone about the right way in addressing this issue. First, the war on terror, while originally a good concept and idea, soon evolved into something so monstrous that even initial supporters cringe when they think of what had been "accomplished‖ (which is close to nothing). The second, and perhaps more controversial issue, is the offensive nature of racial profiling. Racial profiling is the process where the government targets a certain group by their race and focuses on that group in order to find what they need. In the post 9/11 period, racial profiling is being used to find potential and future terrorists. This particular action by the government has angered many, but the question is, what other solutions are possible? Racial profiling has existed long before Muslims and persons of Middle Eastern descent were targeted in the United States. We can think back to the Italian Americans, the German Americans, and most blatantly, the thousands of Japanese Americans who were put into internment camps during WWII. It was wrong back then; however, hindsight is a lazy way out and ignores the moment of the day. When we revert back to the present day, we see that racial profiling is back, even if it is not official policy. You would hope that the government had learned from its past undemocratic and un-American mistakes, that one cannot judge another by skin color or See Profiling on Page 3, below Opinions and Commentary Profiling · from Page 3, above GM · from Page 1 roots, digging its haunches in deep and making a futile attempt to drive consumer demand with a certain air of pretention, similar to the failed marketing plan aimed to the Chanel No. 5 consumer years back. The upcoming Camaro should refresh the Chevrolet division, yet it is reminiscence of yesteryear is not the cutting edge design the company needs to positively move forward. When Ford redesigned the Mustang in 2004, it decided to go retro. Apparently GM thinks that it is a good idea to stay with the past. However, their plan might be too late, as it is rumored that the next generation Mustang (coming within the next two years) will ditch its 2004 retro styling… duh it does not work. Another faltering GM plan began about four years ago, when, amidst the rising fuel costs and dropping SUV and truck sales, the company decided to rebuild their full size SUV‘s from the ground up (Chevrolet Tahoe, GMC Yukon and Cadillac Escalade), alongside their truck line. Pushing huge automobiles in a market with a continually decreasing demand for them is not the answer for a company that is struggling to stay afloat. Maybe GM should have taken a look at the market trend, because even during the development stages of their new flagship SUV‘s, prudent market projections would have revealed the decrease in large SUV market share. Thus, in a time of fleeing consumers GM needs to change its strategy to regain market share, otherwise the company will continue to fail, which is an awkward facade for a once major American corporation. 3 religion. However, before you think that this is injustice, that this is intolerable, what is the practical alternative? What other way can the government catch these TERRORISTS? While saying that all Muslims, all Japanese, all Italians are traitors and enemies of the United States is wrong, very wrong, it is sadly the truth that a few radical members of certain groups choose to tarnish their own reputation, and in doing so, they also tarnish the reputation of the group they represent. Is it really that deplorable the government has used racial profiling, in both the past and the future? I pose this question to you because racial profiling has been used in the past, and it is probably one of the more effective methods of capturing terrorists. Cartoon from www.rudypark.com Please do not misunderstand me. I am not a staunch advocate of racial profiling. I find it humiliating, unconstitutional, and downright disgusting. It breaks my heart to see that innocent people are chosen and picked out for the way they dress and for the way they look. I merely want to raise this point, a very taboo point in some scenarios, and inquire what you think about this topic, and I challenge you to provide an answer. Is the government justified in racial profiling, or should the government stop what they think is best and try other ways to catch terrorists? When you think about this, think about the circumstances that have surrounded all the recent attacks- in London, New York, and the thwarted attempts that you might have read on the news. Think about the identity of the captured terrorists, and the method that aided in their capture. Also, think about the capacity of the government in relation to budget, time, and efficiency. What is the solution for America and other countries targeted by terrorists? �The Opinion law.buffalo.edu/orgs/opinion March 2008 In Search Of The Ethical You By Jeff Colt, JD ‘10 At the beginning of this semester I was required to take a bridge course in ethics. Here‘s what I learned: don‘t call the opposing counsel baby, don‘t write briefs or memorandums in Seussian structure, iambic pentameter, or rhyming couplets of any kind, and most importantly, always remember that a lawyer lives and dies by his ethics. Ethics and the MPRE Recently a 3L friend of mine told me she failed the MPRE (ethics) test…again. This was her second attempt. I failed my driving test three times but in fairness I was only sixteen, smaller than your average twelve year-old, and denied by my parents any contact with the car unless I was washing it on a steamy Montreal summer‘s day. In the end, everything I knew about driving I learned from watching The Dukes of Hazzard, and even then I paid more attention to Catherine ―Daisy‖ Bach than to speed limits and steering-toparking ratios. On my third failure, the driving instructor lowered his head in defeat, checked ―PASS‖ on the pink scoresheet and advised me to get as much insurance as I could afford. But how does a law student fail an ethics test? Twice. I wondered if I‘d pass my ethics test. Was I an ethical person? Yes. Maybe. Over the Christmas break, I went to visit my friend Sarah who recently traded islands—cementy Manhattan for sandy Turks & Caicos. That‘s where I met Kate, with her long, perfectly mussed blond hair, Christmas tree green eyes, and so smartly funny that there ought to be law. On our first night we talked and danced like we‘d known each other for years. On our last, after swearing sideways that ―I don‘t karaoke and I never will‖, one request from Kate had me Copacabana-ing loudly out of tune under the Caribbean moon. That night she asked me to stay in touch and breathed out her skype name to me several times so I wouldn‘t forget. Kate is fantastic. Kate is angelic. Kate is my soulmate. Also, Kate is engaged. She lives with a terrific guy, Max. I met him when I met her. I shook his hand. I sat across from him at lunch. I let him pay for my hamburger. I told him it was nice to meet him. Then, I hit on his fiancé. I‘m evil. Max used to be a professional weightlifter. I‘m also stupid. Three weeks ago I found a sealed manila envelop in my school mailbox. Inside was the unpublished August 08, 2008 MPRE exam. Nothing happened between Kate and me. It was only my internal narrative that re-wrote our meeting as if it were a Jane Austen novel. Kate was and is hopelessly in love with her man. Her intentions and actions were pure; mine were not. Mine were unethical. However, if there are degrees of ethicalnessiosity, my impulses toward Kate seem relatively benign. But having failed so simple a test of ethics and considering my friend‘s series of unsuccessful attempts, I was left wondering—is anyone ethical today, and by that I mean ethical enough? There was one way to know for sure… I called an ex-girlfriend of mine who owed me a favor. While we were still dating, I got a desperate and scarcely coherent phone call from her at four A.M. She sounded lost. She sounded confused. But mostly, she sounded wasted. ―Don‘t move!‖ I commanded into the phone. I flagged down a taxi, managed to get her to slur out a series of trail-blazing landmarks, and roared down West End Avenue where I found her standing in front of a Duane Reade pharmacy on West 72 nd street, making out with some junior hedge fund manager she‘d met at a party. When I approached them and introduced myself to her sidewalk paramour, he dropped the box of condoms he‘d just bought (really? a whole box? how optimistic!) and ran across the street. Like I said, she owed me. I asked her to call her brother, who sits on a Senate Sub-Committee. The Committee Chairman used to be on the board that administers the MPRE and still gets first-look privileges at the newest versions of the exam. I asked her to ask her brother to find a copy and send it to me. I know—not exactly the benchmark of ethical but for the purposes of this story it seemed like a necessary part of the experiment and so, at worst, ethicallite. Three weeks ago I found a sealed manila envelope in my school mailbox. There was no name on the front. There was no return address. My hands trembled as I opened it. Inside was the unpublished August 08, 2008 MPRE exam. I read it. I transcribed it. Below are the questions. Will you pass or fail? Find out now. August 08, 2008 MPRE Exam: 1. Have you ever lied to a judicial or police authority? 2. Have you ever lied to a government official? 3. Have you ever lied to a teacher or school administrator? 4. Have you ever accidentally killed someone? 5. Have you ever intentionally killed someone by accident? 6. Have you ever left the scene of an accident? Made a scene at an accident? Seen an accident? 7. Have you ever knowingly driven under the influence of alcohol? Drugs? Chris ―Mindfreak‖ Angel? Any of The Wiggles? 8. Are you now, or have you ever been, a member of the Communist Party? The Nazi Party? The S-Club Party, while knowing that there ain‘t no party like an S-Club party? 9. Have you ever watched more than 30 minutes of Dog The Bounty Hunter? 15 Minutes of 10 Items or Less? One minute of Celebrity Apprentice? 10. In an episode of Seinfeld, Jerry was chastised for being racist when he said that he‘d always wanted to date an Asian woman. Do you a) think the rebuke was appropriate due to the damaging and myopic representation of a fetishized culture b) feel an on-air condemnation of the comment should have been offered by NBC, with the offending episode pulled from subsequent airings c) secretly wish your girlfriend was Asian? 11. Are you a terrorist or have you encouraged a terrorist attack or provided funding for a terrorist attack or known someone who was a terrorist or have ever watched any show about terrorism or read any manifesto, proclamation or newspaper headline that used the word terrorism or have ever during the course of one calendar day, used words that contained the letters ―t-r-m-s-r-o-i-e-r‖, in any order, that when re-arranged spelled the word ―terrorism‖? 12. Did you not, now or ever, or have you ever never not answered any, some, or none of these questions not, or wholly ever, or not fully, completely or partially, or not-atall untruthfully? No? Is that a no? 13. Did you read these questions even though I explicitly stated that these were unpublished MPRE questions, obtained through illegal means? Then congratulations, you just failed the real MPRE! Calm down. Obviously, the questions are fake. All that stuff about an ex-girlfriend‘s brother and a Senate Sub-Committee Chairman? Made it up. An envelope mysteriously ending up in my law school mailbox? Never happened. The ex being wasted and making out with some bozo in front of a Manhattan Duane Reade at 4 AM? That was true, but she doesn‘t owe me anything because I‘m not a saint. Neither are you. In fact, if turned inside out, no one would pass a strict ethics exam or even a broad one because ethics are a uniquely human characteristic and humans are by design and default, wonderfully, unethically human. Still, this isn‘t an essay about why the nature of humanity defies ethics, or even that ethics are often so stunningly context dependent that they simply don‘t matter. Of course ethics matter. But I do question the usefulness of a stand-alone before-the-fact ethics exam. The true measure of ethics, and with that, an ethical person, is not what you should do in a situation but what you once did. The idea of several dozen questions asking you to choose the ethical response to events that have never happened to you seems somewhat placebic in operation. And in the idealistic reach toward a more elevated ethical existence, consider the near sanguine reply of presidential aspirant Obama, who answered a recent question about the trustworthiness of candidates with shadowy histories by first admitting his early drug use, then adding that past negative events don‘t preclude future positive ones. With that, the superior ethics exam would balance what you once did against what you actually do the next time. Thus, any valid ethics exam, to be truly accurate, would necessarily be a two-stage proposition. I realize that the temporal compression needed to effectively shoehorn my solution into a two hour evaluation and a two hundred seat auditorium might lay beyond our current capacity to control time, space, and all things Hawkingsian, to say nothing of the obvious health risks in exposing students to the massive quantities of Bose-Einstein condensate needed to slow down light enough to—oh, never mind. What I‘m saying is that passing the MPRE does no more to ensure ethical behavior in the legal profession than passing a driving test ensures people won‘t speed. In the end, a lawyer‘s ethics are tested daily, with or without the MPRE. Just as they should be. Having said that, when it‘s my turn to take the MPRE I‘ll do my best to channel the ethics of better men than me, and hope that at the very least to learn something about myself when faced with sixty pretend situations that I‘ve never been in, and where nothing is at stake. For now, my advice to you is this: don‘t kill anyone. But if you do, try not to do it again. 4 � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Opinion, 2008-03 Date Issued Date of formal issuance (e.g., publication) of the resource. 3/1/2008 Bibliographic Citation A bibliographic reference for the resource. Recommended practice is to include sufficient bibliographic detail to identify the resource as unambiguously as possible. 45 2 Publisher An entity responsible for making the resource available UB Law School State University of New York at Buffalo Law School Language A language of the resource eng Type The nature or genre of the resource Newspapers Text Is Part Of A related resource in which the described resource is physically or logically included. LIB-LAW003 Rights Information about rights held in and over the resource <a href="https://rightsstatements.org/page/CNE/1.0/">COPYRIGHT NOT EVALUATED</a>. The copyright and related rights status of this Item has not been evaluated. Please refer to the organization that has made the Item available for more information. You are free to use this Item in any way that is permitted by the copyright and related rights legislation that applies to your use. This digital collection is made available for research and educational purposes. Researchers are responsible for determining copyright status, and securing permissions for use and publication of any material. Copyright for items in this collection may be held by the creators, their heirs, or assigns. Researchers are required to obtain written permission from copyright holders and the University Archives prior to reproducing or publishing materials, including images and quotations. For inquiries about reproduction requests and permissions, please contact the <a href="http://library.buffalo.edu/archives/">University Archives</a>. If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/d2d5ac535f4559358af9f7f3d1063162.pdf 2136d6a3d6f1e2793fb174e69990e93b PDF Text Text Is Law Review the American Idol of Law School? One student ponders the thought. COMMENTARY ON PAGE 4 The Opinion Vol. 45, Issue 1 The Student Newspaper of the University at Buffalo Law School The Opinion Strikes Back! UB Law School community brings back historic paper THE OPINION UB Law School 101 O’Brian Hall Buffalo, NY 14260 December 2007 2007 Jaeckle Award goes to departing Dean Olsen—story on page 2 From L to R, law students Patrick Krey, Olga Vinogradova, Kristen Ng, Jeff Colt, Anthony Leone and Eddie Gonzalez all contributed articles to this return The Illegality of Online Gambling By: Anthony M. Leone, JD‘09 Until recently, gamblers across the country were free to pursue their gambling habits legally on the Internet; however, the convenience of Internet gambling was recently eliminated by the Prohibition on Funding of Unlawful Internet Gambling. For gamblers, this law is surely an impediment on their ability to gamble from the comfort of their own homes, but in the face of ubiquitous means of localized and legalized gambling, is the federal ban really a deterrent or merely an inconvenience? It seems paradoxical that the government is promoting gambling through its support of casinos and lotteries, but undermining it by banning the same activities over the Internet. The alleged purpose of the federal ban on Internet gambling was to curb increasing consumer credit card debt that might be fueled in part by online gambling. Surely, however, online gambling cannot be the only means of driving consumer credit card debt through the roof. infra SBA President’s Corner ......... 2 Commentary…...............….. 2-4 The current economic boom is a testament to the increasing trend of gambling. New York State grossed over $7 billion in revenue during fiscal year 2006 from lottery sales. Also in the past year, Governor Elliot Spitzer backed a plan for a $600 million ―Las Vegas Style‖ Indian Casino to be erected in the Catskill Mountains. Even if Internet gambling were a major source of consumer credit card debt, it is unlikely that its ban will single handedly alleviate the problem in the face of so many alternative gambling options. Gambling continued on page 2 An Interview with the man behind the Free New York movement By Patrick Krey, LLM’08 James Ostrowski is an accomplished Attorney and writer who regularly contributes to the extremely popular website LewRockwell.com and is also the author of the controversial book, Political Class Dismissed, a must read for anyone looking to learn about Buffalo‘s political scene. He is also an adjunct scholar at both Canisius College and the Ludwig Von Mises Institute and directly learned about economics from the late, world famous, libertarian pioneer Murray N. Rothbard. Currently, James hosts the live call-in online radio show, PaleoRadio, on WnyMedia.Net Thursday at 1-2 PM (reruns available via web cast afterwards). The show covers both national and local poli- 1 tics in depth and from a libertarian perspective. Ostrowski continued on page 2 The forgotten front on the war on terrorism By Eddie Gonzalez, JD ‘09 I spy with my little eye something dangerous looming over the horizon. It is a country: predominantly Muslim with a growing number of extremists pressing for power. This country possesses nuclear weapons and borders the nation of Afghanistan. What‘s more, this country was only one of three who formally recognized the Taliban regime in Afghanistan. Syria? No. Iran? Warmer, but no! Give up? My eye spies the country of Pakistan. In 2003, during the early stages of Operation Iraqi Freedom, I had the honor of representing my university at the Student Conference on United States Affairs in the United States Military Academy. While there, I participated in a panel discussing the rise of radical Islam in the former Soviet republics of Central Asia. Repeatedly, United States military officials spoke of the instability of Pakistan, not Iraq‘s alleged weapons of mass destruction as the United States‘ most pressing danger. So, why is it that the United States props up red herrings like Iraq and Iran, and chooses not to focus its military and diplomatic might on a unstable nation that could make President Bush‘s ―mushroom cloud‖ scenario come true at any moment? As President Franklin Delano Roosevelt once said about a Latin American dictator, President Pervez Musharraf of Pakistan may be son of a b****, but he‘s our son of a b****. But what happens when that S.O.B stops being our S.O.B? Pakistan continued on page 3 I’m A Struggling Law Student- Why Should I Give You Money? By Kristen Ng, JD’11 Have you ever passed by a table asking for donations to ―Save Darfur‖ or seen the commercials asking you to make a donation for the cancer patients at St. Jude‘s Hospital? As a law student, it is oftentimes extremely hard to give money away, for personal or for financial reasons, even if the amount of money actually equals to about 3 cup of coffee at the café on the second floor of O‘Brian. What we do not realize is that we are so immersed in a consumer society that we forget how much of something we really do not need. Sure, Target seems to be a bargain hot-spot, but the purchases there add up to hundreds of dollars. A six pack of beer costs about six dollars, but depending on the amount you consume, well, it can definitely add up. If we look around our living areas there are plenty of items that we do not need. Charity continued on page 3 �The Opinion The Opinion December 2007 Volume XXXXV, Issue #1 Contibuting Editors: Patrick Krey, ‗08 Anthony Leone, ‗09 Eddie Gonzalez, ‗09 Jeff Colt, ‗10 Kristen Ng, ‗11 Olga Vinogradova, ‗09 The Opinion, 101 John Lord O‘Brian Hall, Buffalo, NY 14260, is published by law students for law students. The Opinion is the non-profit official student newspaper of the University at Buffalo Law School, State University of New York. Any reproduction of materials herein is not allowed without the express consent of the Editorin-Chief and the piece writer. The Opinion welcomes your comments. Address your letters or guest columns to the Opinion Desk at Cuzzin.Pat@gmail.com. All letters and guest columns must be signed. Include your full name, year, and email. Please limit letters to 300 words. Please limit guest columns to between 600 and 800 words. Submission of a letter or guest column constitutes an exclusive, worldwide, transferable license to The Opinion of the copyright in the material in any media. The Opinion retains the right to edit submissions for content and length. The Opinion does not endorse any of the viewpoints and opinions stated within its pages. Articles and pictures provided by Lawcrossing.com are for the express use of The Opinion and The Opinion claims no copyright privileges to the articles, work and photographs used in the following pages. For questions, please contact the Editor-in-Chief. Gambling continued from page 1 Citizens in Buffalo manage to sufficiently satiate their gambling needs by sidestepping the Internet ban through numerous local means: casinos, lotteries and Quick Draw. Niagara Falls, Ontario, is home to the Fallsview and Casino Niagara, while downtown Buffalo‘s Seneca Niagara Casino, an Indian operated casino, is apparently not enough for the area, as the Indians are currently lobbying to open a second casino in Western New York. The possibilities for the public to gamble in state-tolerated venues around Buffalo are virtually limitless. Although it is illegal for a minor to purchase lottery tickets, it would not be difficult for a child to place money in a lottery machine in the super market and obtain a scratch-off lottery ticket. Additionally, almost every local bar contains a Quick Draw monitor, where one is able to choose from a sheet of numbers and bet money that his numbers will be drawn during the game. Oddly enough, the government is continually bolstering gambling by supporting casinos and lotteries, while at the same time banning Internet gambling. Online gambling in today’s society is a logical extension of casinos, just as shopping online for clothing is an extension of the modern mall. With so many means and methods to gamble, there is no reason for the government to limit another use of the Internet through a law based on the unfounded idea that online gambling has somehow hurt the average credit card consumer. Online gambling in today‘s society is a logical extension of casinos, just as shopping online for clothing is an extension of the modern mall. Favoring certain types of gambling and exercising unfettered control to limit online gambling makes no sense from a public policy perspective. If the government was truly concerned with the negative implications of gambling, it should stop allowing casinos to be built on sovereign land, and legislators should begin to limit the amount of gambling accessible at local shops, bars and grocery stores. During the early Twentieth Century, the prohibition of alco- hol was an idealistic but unreasonable public policy, failing because public demand for products will always find a way around unrealistic regulation. Similarly, successfully banning an activity that people have easy access to and high demand for is not probable. The popularity of casinos and lotteries demonstrates the high demand and unprecedented access that modern society desires. The decision to ban online gambling has proven ill-conceived. It has had little affect on the ―consumers‖ the government was attempting to protect. The ban should be lifted. Parting accolade by Ilene Fleischmann To mark one of the most successful tenures of any Law School dean, the UB Law School and the UB Law Alumni Association honored Dean Nils Olsen with the Edwin F. Jaeckle Award, UB Law‘s highest honor. The award came Nov. 13 at the Twentieth Century Club in downtown Buffalo. The Tuesday evening dinner and presentation was a departure from the traditional Saturday-morning event that is coupled with a Continuing Legal Education opportunity. Emceed by Margaret P. Gryko ‘77, president of the Law Alumni Association, the event featured a succession of speakers who highlighted aspects of Olsen‘s life and work – everything from his accomplishments as dean to his famously rumpled style of dress. Erie County District Attorney Frank J. Clark ‘67 told of a Dean‘s Advisory Council meeting at which University President John B. Simpson said, ―I cannot imagine the Law School without Nils Olsen as dean.‖ ―No one said anything. It was silent,‖ Clark said. ―Everyone just nodded. It was a given. It was black letter. Whenever you thought of the Law School, you thought of Nils. I cannot think of a higher compliment than that. ―When I think of him and the Law School, I see how the Law School reflects his personality in so many ways. Everything he has done, he puts his own personality into it. It is not just the school and the curriculum that is important to him, it is the students. Dean Nils continued on page 3 Opinions and Commentary Ostrowski continued from page 1 Locally, James Ostrowski is making waves with the research and public policy think tank, Free New York (composed of the Free Buffalo and Free Niagara County divisions). Free New York has stated its objectives as ―drastically reducing the size of government, fighting special interest group politics, concentrating political power in the individual and building a strong free market economic resurgence in communities while eliminating needless waste, economic development agencies and other entities whose policies have lead to the decline of the New York State economy and all regional economies across the state.‖ Bold goals, eh? That doesn‘t seem to slow down Jim and, if anything, it only seems to further encourage him. Free NY can take partial credit for one of their most recent accomplishments: the termination of the Bass Pro Project on the waterfront as part of their national campaign to expose corporate welfare. The tax revolt that gave birth to the Free NY movement can also be said to have assisted in the recent landslide victory of County Executive Chris Collins. Other projects of Free NY are to establish a Grover Cleveland Presidential library and museum in Buffalo as well as a Libertarian Hall of Fame. Free NY also recently made headlines with its posting of a billboard in Niagara County drawing attention to the highest property taxes in the U.S and a new billboard on the way talking about how ―Buffalo won the super bowl of highest taxes.‖ Mr. Ostrowski was kind enough to take over an hour out of his busy schedule to discuss Free NY, libertarianism and the national political scene with me. Jim’s book is a collection of his essays including his brutal critique of the political machine whose policies he contends have impoverished Buffalo and the Western New York region My first question was in regards to local politics being boring to the average UB Law student but his response was sympathetic. ―I know the feeling and for years, I was the same way until I started to get sucked into Buffalo politics more and once you realize how rotten it is, you get motivated to change it. I‘m still interested in national, state and local politics.‖ I asked him about the naming of his online show and the origin of the paleo moniker and his response was ―It‘s not meant to be taken real seriously but it refers to a point in libertarianism, after the cold war ended, when some libertarians wanted to form an alliance with conservatives. In my mind, it means radical politically but personally conservative. A lot of people mistake libertarianism for libertinism.‖ He added, ―A lot of libertarians have gotten corrupted by trying to succeed in Washington politics and kind have sold-out. Paleos are more hard-core. The others are beltway libertarians. We call them the liberventionists.‖ Jim continued on to speak of the Washington establishment Cato Institute wing of libertarianism who ended up ―without any power and have not accomplished a goddamn thing and you can quote me on that.‖ 2 1 Jim has a simple theory when it comes to political orthodoxy; ―pragmatism isn‘t practical.‖ Instead, by sticking to their principals, like he and others (i.e. Lew Rockwell and Ron Paul) have ended up prevailing and the Cato camp ―doesn‘t really have any influence, except on some billionaires who fund their institute.‖ In terms of reflecting on his political growth he said ―I was liberal when I was younger‖ (he actually campaigned for U.S. Senate hopeful Ramsey Clark – yeah, the guy who unsuccessfully defended Saddam after the U.S. occupation - and attended a fundraiser at SNL‘s Chevy Chase‘s apartment back in the 70‘s) ―but I grew out of it. I was a philosophy major and needed logic….it just got me and I have never gone back. I went from liberalism to libertarianism…and never made the stop at conservatism.‖ So then, what is the role for Government? “They’re just morons…they’re not smart enough to know how to make the world safer. They should just enforce the laws against murder, rape, robbery and trespass.” Then our conversation turned to local political issues and this is where Jim‘s passion really shines. I took 3 courses last spring that dealt with local issues and I did not encounter a perspective as unique and refreshing as Mr. Ostrowski‘s. Free NY offers a reverse regionalism. ―Democracy works fairly well in your own community, city, town, village and it really works badly at any other level. It‘s just a special interest/greed calculus; people voting for the candidate who they think will give them the most money. Metro government, regional government, basically just gives the elite more control. The elites are controlling Buffalo already and all the elite opinion likes metro government because, guess what, who do you think is going to control it? The average person has no control over who gets to be county executive. It‘s determined by whoever bankrolls the campaign so, sure, people with money and power want political power to be centralized because they are ones who are going to control it. My view is that if you‘re a populist; you have to favor decentralization of power. If you‘re an elitist, we know, of course, that you‘re for centralization of power because you feel like the elites will always be at the center of everything.‖ Free NY has stayed out of the Casino issue because of its complication and they have people on both sides of it but Jim did comment that the ―Indians have a Government monopoly on gambling…and, from a libertarian point of view, there shouldn‘t be any restrictions on gambling, and…the Indians wouldn‘t have any sort of monopoly.‖ Well, what about taxes? ―Free NY favors user fees over taxes…than general taxes and, theoretically, if you don‘t want the service, you shouldn‘t have to pay for it.‖ What about poor people who can‘t afford user fees? ―There will be a lot fewer poor people in a libertarian society. We‘re kind of tired of being asked about Ostrowski continued on page 3 �The Opinion December 2007 Ostrowski continued from page 2 Charity continued from page 1 what we will do with the poor. Our response is let‘s figure out why there are so many poor people. If we had more of a laissez faire economy, poor people could get a leg up and start a business without having to pay $10,000 in lawyers‘ fees and licenses and all that stuff. We need to change a lot of policies. We manufacture poor people just like we manufacture criminals. The welfare state destroys the family unit and the corporate state destroys the economy and the drug war gives them a chance to make a living as drug dealers. Ultimately, libertarians believe in charity for poor people who need assistance and, traditionally, in a wealthy economy people are very generous. There was a rich system of private help and charity for people before the New Deal and then the government just kind of killed it all off. We‘re not real generous right now because the government takes half our money.‖ As for us getting a law degree at an affordable rate. “There’s no such thing as a free lunch. The money has to be paid in taxes…your parents are taxed and you’re going to be taxed for the rest of your life.” So then, what is the role for government? ―They‘re just morons…they‘re not smart enough to know how to make the world safer. They should just enforce the laws against murder, rape, robbery and trespass.‖ But is Free NY realistic with all the unions and special interests keeping big government alive in Buffalo? Erie County is the biggest employer in Erie County. How can you convince people getting paid by big government that big government is the problem? ―Free NY has a lot of supporters who work for the government that know we‘re right. They know that things have to change. People can support us now while there is still time to change or they can look back in forty years and say ‗WNY has been completely destroyed and turned into a 3rd world country.‘‖ What about us SUNY students who are being educated by a partially state funded institution? ―It‘s a statist society. At some point, you‘re going to rub up against the government. My take is libertarianism is how society should be structured, it‘s not a guide to living in a statist society.‖ As for us getting a law degree at an affordable rate. ―There‘s no such thing as a free lunch. The money has to be paid in taxes…your parents are taxed and you‘re going to be taxed for the rest of your life.‖ Finally, as a UB Law Student, what can we do to Free NY? ―Take care of your own career and job and when you have time, get active as a volunteer and donate. Take care of your own thing first. There‘s nothing like a wealthy libertarian. Those are the people who fund the think tank.‖ You can check out and interact with James Ostrowski on the FreeNewYork blog. If James continues his recent successes, I believe someday WNY‘ers will be inducting him into the Libertarian Hall of Fame. The disparities between those in need and those who are scraping by are quite large. We read about it in the newspapers, on CNN.com, and from the undergraduate student interest groups that always seem to have different brightly colored t-shirts to distinguish themselves from the next group. Many people may feel turned off by actual people physically hounding them for money. Secretly, most people do want to donate money or help out in one way or the other, but the answer is always, ―I‘ll do it when I have the money to.‖ Thus, we have two situations here, compounded with their respective dilemmas. First, there is the person who thinks that they do not have the money, and is therefore not able to give away substantial cash. The answer for you folks? In our society, those who are not homeless will be able to eke out five or ten dollars. Of course, this does not mean every day. The five or ten dollars may be given yearly or even once every two years. And you know what the great thing is? Five or ten dollars is ALL it takes to feed a family in Africa for a week or two. Second, we have the person who does not want to get involved with a group (which would entail bi-weekly meetings, a brightly colored T-shirt, and a flooded inbox), but instead wants to give money at his or her discretion. The answer for this person is much easier than our previous example. Due to technology and the fact that we are living in the 21st century, the Internet holds (almost) all the answers to everything a person can ever need. And that includes searching for worthy causes dear to your heart. Almost all of these sites give you the option of donating online via credit or debit card. This means that you can donate money to a worthy cause in your underwear and that the only thing you need to move is your hand. Of course, if you are the type of person who likes to cut a check and snail mail it, due to the resonating good feeling it gives, these addresses can be found on websites as well. There are great causes for every spectrum of need out in the world. If you are concerned about international human rights, Millennium Promise and Amnesty International is for you. If you want your money to stay closer to home, Habitat For Humanity and Make-a-Wish are good causes. If you want to save the wilderness and animals, the Humane Society and National Wildlife Federation would love your help. As you can see, there is no end as to what you can do to help. Giving to a cause does not always mean giving to people; it can mean animals and your environment as well. Of course, I am not condemning those who do not want to donate. That is simply a person‘s choice. This little blurb is mainly for the people who want to donate, but think they have reasons as to why they cannot. So, the answer to why you should give money away is because, to you, the amount equals to a couple cups of coffee, but to the receiving end, it means a few extra chances at survival, whether it is human life, animal, or the environment. Opinions and Commentary Pakistan continued from page 1 In recent weeks, Musharraf has instituted emergency rule in Pakistan. In particular, he has suspended the constitution, making it and the rights it professes irrelevant, and replaced the Chief Justice of Pakistan‘s Supreme Court, Iftikhar Muhammad Chaudhry, with Abdul Hamid Doger, a proMusharraf justice. President Musharraf cites the need to eradicate the threat radical Islam as his reason for taking such dramatic measures. At first glance, President Musharraf‘s rationale for martial law appears legitimate. First, President Musharraf has been the target of at least three assassination attempts. Second, it is suspected that Al-Qaeda and the Taliban are safely harbored in the lawless Pakistani region of Warziristan. So, why then is President Musharraf‘s military muscle clubbing members of the civil society - lawyers, journalists, and politicians, rather than pacifying Warziristan? Most experts on democratization will agree that a healthy civil society is necessary in order for a democracy to exist and remain viable. Instead of entering Warziristan and going after Al-Qaeda, President Musharraf continues to club lawyers, keep politicians and justices on house arrest, and do TV interviews to ease the minds of Western viewers. The people of Pakistan know this. They also know the United States is keeping Musharraf afloat. It seems President Musharraf isn‘t the ally we would hope, but merely another thug in uniform who is doing all he can to stay in power, while tarnishing the United States‘ legitimacy in the eyes of disenfranchised citizens. In such a scenario, the possibility of Al-Qaeda germination is highly likely. Wouldn’t it be refreshing if we supported someone we didn’t have to wash our hands after shaking? Wouldn‘t it be refreshing if we supported someone we didn‘t have to wash our hands after shaking? We have a proud history of supporting Trujillo of the Dominican Republic, Batista of Cuba, the Shah of Iran, Saddam Hussein, and Mubarak of Egypt. Granted, the situation in Pakistan is dire. Pakistan has nuclear weapons and extremists are pressing for power. Moreover, the only viable replacement, Benazir Bhutto, a former prime minister, is writhe with allegations of corruption. In this almost hyperbolic mess, we may have to continue supporting President Musharraf, who at least has the loyalty of the military, rather than support Bhutto, who is hated by both the military and Islamic terrorists. The United States needs to adopt a new foreign policy. This can be done in a number of ways, whether you are an isolationist or interventionist. What if we 3 attached actual strings to aid? For instance, in exchange for aid, nations must agree to eradicate corruption and institutionalize fundamental human rights. Or, for the isolationists reading, what if we just adhere to the advice of President George Washington and stay out of foreign entanglements altogether? Either of these principled alternatives is better than the status quo: a murky pragmatism that preaches democracy, while paying off crooks and thugs. Without fundamental change in our policy, the result will be further resentment and hatred from the global community that suffers in the name of pragmatism. Dean Nils continued from page 2 ―If he has always been there for me, I can imagine over the years how many students have turned to him for those very same things, always to find him right there, more than supportive, more than encouraging. And what a wonderful legacy that is, perhaps his greatest legacy. A personal relationship, teacher to student, year after year.‖ School of Management Dean John M. Thomas, a 1976 UB Law graduate, spoke about the collaboration between the two schools, which includes a thriving JD/MBA joint degree program and a joint program in international finance and banking in New York City. A third program, in arts management, is run in conjunction with the College of Arts and Sciences, and in that Thomas highlighted the contributions of ―the other celebrated Olsen at UB‖ – Dean Olsen‘s wife, Sandra, director of the UB Art Gallery. ―Nils‘ legacy at the University has been his leadership in linking the professional schools to other schools and departments,‖ Thomas said. ―Nils has led the way in making sure that UB is a university that can take great pride in the extent to which it values collaboration across academic boundaries. It has been a real leader in that.‖ Speaking on behalf of the law faculty, Charles Patrick Ewing, SUNY Distinguished Service Professor, noted that scholarly productivity and community service by the faculty have reached all-time highs. ―With your guidance and your motivation,‖ he said to the dean, ―we have become one of the most intellectually productive and respected law faculties in the country. That is no exaggeration. Nils has figured out exactly what strings to pull to motivate us, to reward us; he knows when to prod us; and most important of all, he knows when to get out of our way. He is not a boss but a colleague.‖ Ewing also noted Olsen‘s success in rebuilding the loyalty and involvement of the school‘s alumni: ―He has done everything imaginable to make our alums feel part of their alma mater. He was able to reach out to the alumni in large measure because he is a lawyer and has been in the trenches. Nils is someone who speaks the language of practicing lawyers, knows his way around the courtroom, can tell and appreciate a good legal war story, and is a true professional role model for our students and our alums.‖ Dean Nils continued on page 4 �The Opinion December 2007 Cyclops, Law Review and Other Myths — Written by Jeff Colt, JD ‘10 without sobbing in futility about all the cash and Pavlovian flirting with the giggling hostesses/actresses you‘re missing out on. Maybe you came for the deific contribution to equality and justice you plan to make. There are nine Supreme Court justices. You‘re not one of them, and you‘re not going to be one of them. Honestly. I don‘t care how well you did on your memo. It was ONLY A MEMO. I know that after the nomination of Harriet Miers, it was no longer the surprised few from Regent University of Law (a fourth tier school with a bar passage rate so low it makes the limbo seem like the high jump, yet whose alumni enjoy an unusually brisk hiring rate from the Bush administration) who started to spin in front of the mirror, draped in a black velvet piano cover cloth, waiting for their chance to ―finally fix‖ Roe v. Wade. But even that opportunity is now only one election closer to being yanked away. I worry a lot these days. The current United States debt is a little over 5 trillion dollars, and our dollar has been stomped by even the Canadians. You heard me, the Canadians. Our prime energy source is officially running dry and we haven‘t found anything to replace it with. I don‘t even think we‘re looking anymore. Either SARS, Avian Flu, the Superbug, or some insanely messy pandemic hemorrhagic hybrid fever is heading our way, if not this year, then next. Maybe 2009. 2010 at the latest. And if scientist, James Lovelock, and my November issue of Rolling Stone—the one that features a grinningly oblivious Bruce Springsteen on the cover—is right, global warming will kill six billion of us in a little over 90 years. Six billion, isn‘t that all of us? There are nine Supreme Court justices. You’re not one of them, and you’re not going to be one of them. Honestly. I don’t care how well you did on your memo. It was ONLY A MEMO. That‘s not the half of it. I‘ve started to lose more than just a little hair and I‘m running out of hats a man my age can reasonably get away with. The last three women I asked out said no. Actually, two said no and the other one said she never got my phone call, even though I‘d asked her out in person. I‘m pretty sure my dog Sam is thinking of leaving me—last week I came home to find paw prints on my computer and Internet history that showed access to my online banking. Also, I think my right eye is now larger than my left and still growing. Unless Darwin predicted that Cyclops is an evolutionary inevitability, I‘d better see a doctor about it and soon. But the worst problem is I may not make Law Review. Does it matter? Maybe… So, why am I here, in the midst of all this law school panic and paranoia and uncertainty and fear of failure? I‘m talking about mine, of course. Why bother with law school if I might not make Law Review? For that matter, why should any of us? In an effort to get one of those glossy summer fellowships, I recently reviewed my law school entrance essay, looking for sections I could cannibalize, and then regurgitate into a spontaneously inspired moment of sublime revelation. I re-read some of the events that propelled me forward, toward this moment, and was reminded of some volunteer work I did for Court Appointed Special Advocates (CASA). CASA is an organization that helps speed foster children through a system that‘s greased with tar. That‘s were I got my first taste of the law, appearing in Family Court, sideby-side with Law Guardians (lawyers) for foster kids. Turns out, even kids need lawyers. Turns out, kids without parents need them the most. According to most of the well-intentioned information panels that have paraded in front of us since the last week of August there are certain steps you need to take to be a success in the field of law: glossy summer fellowships and internships, networking, top grades, journals, and associations. These steps are just some of the many components that will make you more marketable and help get you noticed, help you stand out, so that in three years time you‘ll graduate into the job of your dreams, that with any luck, you‘ll have for the rest of your life. They may be right. Those things might actually help. And then there‘s the granddaddy of the padded résumé: Law Review. It certainly sounds impressive. Who wouldn‘t want to hire someone who‘s reviewed the law? Law Review will make you famous. Law Review—the American Idol of law school. A few years ago, I attended the Youth in Court summit held at Fordham Law. Given the podium during the town hall style meeting, a fearless foster teenager stood up in front of hundreds of judges and social workers and lawyers (and me) and asked only one question. ―Why doesn‘t my law guardian know my name?‖ He didn‘t ask what his law guardian‘s LSAT score was, the ranking of the law school that was attended, or the name of any slick or warm and fuzzy fellowships that the law guardian may have bragged to his parents he beat the rest of the country out of. And that kid certainly didn‘t ask if his lawyer made Law Review. Because he didn‘t care. Because he had more important things to worry about. Things that trumped the relative ephemorality of ―will I make Law Review?‖ That kid is why I decided to become a lawyer. They say that law school teaches you how to think like a lawyer. All it‘s done for me so far is make it hard to remember why I came to law school in the first place. Why did you? For the fame and prestige? The only lawyers who ever seem to get famous are the ones who show up on the news for committing sensational fraud of some kind. And we already have the Jesus of the legal profession. His name is Alan Dershowitz. Maybe you came to law school for the money. Here‘s a sobering thought—a few months before I arrived at UB Law I was waitering at a New York steak house. I was making $400 a night and I was the bad waiter there. If I tell you how much the good ones make, you won‘t last through half of your final exams Now, in the interest of full editorial disclosure, I happen to be a Hearing Representa- Opinions and Commentary tive for UB‘s Student Wide Judiciary and an associate on the Buffalo Intellectual Property Journal and I didn‘t join either of them for the gratuitous expense accounts or free trips to Cabo San Lucas. Also, before you start your viral letter writing campaign attacking my seeming dismissal of such a historic and revered institution as Law Review, know this—I‘m not saying there‘s no place in my, or anyone‘s career for Law Review. All learning is good. And I‘m not saying that no one finds Law Review compelling or persuasive when parsing applicant‘s qualifications. Many do. What I am saying is that the hype behind Law Review, and indeed, much of the peripheral law school résumé building is at its best unbalanced and at its worst, counterproductive. It reduces the profound value of learning something as singularly wonderful as the law, to the educational equivalent of a salmon spawn run, as students—myself included—are not inspired with possibility, but rather, incited by fear that we will die in this river of knowledge with nothing to show for it unless we make it upstream. Dean Nils continued from page 3 UB President Simpson, calling Olsen a ―transformational‖ dean for the Law School, expressed appreciation for Olsen‘s guidance. ―I have been here now nearly four years,‖ he said, ―and during that time I have almost without fail, when I have needed a wise friend, a colleague, to help me unravel the University‘s mysteries or to understand various aspects of how Buffalo works, I have turned to Dean Olsen. He has been for me a remarkable colleague and mentor as well as being a friend.‖ Simpson also cited Olsen‘s participation in the development of the UB 2020 strategic plan, and his support for the University‘s renewed commitment to civic engagement. ―If I could have a faculty with a hundred people the equivalent of Nils,‖ he said, ―I would have an absolutely remarkable university.‖ It was University Provost Satish K. Tripathi – saying, ―For the University, he has truly been dean of deans‖ – who presented the Jaeckle Award to Olsen, with a sustained ovation from an appreciative audience. I propose that we are already upstream. To that, none of our law careers or contribution to the law should turn on our attachment to those peripheral accomplishments, or them to us. In the grand scheme of law, justice, and how it all applies to society as a whole, then more importantly, how it applies to that kid, Law Review and the like, simply shouldn‘t matter as much as we‘re told it does. Dean Olsen told of the first deans meeting he attended. ―I had shown up at work as usual in a Grateful Dead shirt, blue jeans and running shoes,‖ he said. ―I ended up borrowing a jacket, a button-down shirt with a collar, and boots from Phil Halpern. The provost was heard to mutter that he could not believe that the acting dean of the Law School dressed so poorly. He actually muttered it to me.‖ I‘m starting to accept that it‘s unlikely I can shrink the national debt, create oil from water, cure all illnesses, cool the planet, grow more hair, make someone love me, or deny the genetic superiority of the Cyclops. But when I decided to come to law school none of those things were on my to-do list anyway. Helping that kid was and still is, and I will— with or without Law Review. But more seriously, Olsen said, ―This institution has nurtured me, supported me, and certainly taught me everything I know about teaching, about educational administration and the practice of law.‖ He added, ―A great law school does not stand in isolation, nor is it the product of individual administrative excellence. It is a unique organization that is the result of the symbiotic relationship of a number of discrete elements.‖ Those elements, he said, include ―an extraordinarily talented and gifted community of scholars and teachers‖; the support of the wider University community, and of students and alumni; and the talents of a series of administrators and staff members, many of whom he named individually. IN THE NEXT ISSUE: Are you thinking about enrolling in the New York City Program in International Law and Finance? If yes, then you should read my article devoted to the program. I will be participating in the NYC program this spring, and I am looking forward to sharing my experience with you! Good luck with your finals! Olga Vinogradova ―When you honor me,‖ he concluded, addressing the alumni in attendance, ―you are in fact honoring our faculty, our students, the great research university we are a part of, our administrators and, not inconsequentially, yourselves. I will always treasure and keep close your kind words and generous support.‖ The Jaeckle Award is named for UB Law alumnus Edwin F. Jaeckle ‘15. It is given annually to an individual who has distinguished herself or himself and has made significant contributions to the UB Law School and to the legal profession. The 2007 Edwin F. Jaeckle Dinner Committee was co-chaired by Laurie S. Bloom ’83 and Mary M. Penn ’99. 4 � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Opinion, 2007-12 Date Issued Date of formal issuance (e.g., publication) of the resource. 12/1/2007 Bibliographic Citation A bibliographic reference for the resource. Recommended practice is to include sufficient bibliographic detail to identify the resource as unambiguously as possible. 45 1 Publisher An entity responsible for making the resource available UB Law School State University of New York at Buffalo Law School Language A language of the resource eng Type The nature or genre of the resource Newspapers Text Is Part Of A related resource in which the described resource is physically or logically included. LIB-LAW003 Rights Information about rights held in and over the resource <a href="https://rightsstatements.org/page/CNE/1.0/">COPYRIGHT NOT EVALUATED</a>. The copyright and related rights status of this Item has not been evaluated. Please refer to the organization that has made the Item available for more information. You are free to use this Item in any way that is permitted by the copyright and related rights legislation that applies to your use. This digital collection is made available for research and educational purposes. Researchers are responsible for determining copyright status, and securing permissions for use and publication of any material. Copyright for items in this collection may be held by the creators, their heirs, or assigns. Researchers are required to obtain written permission from copyright holders and the University Archives prior to reproducing or publishing materials, including images and quotations. For inquiries about reproduction requests and permissions, please contact the <a href="http://library.buffalo.edu/archives/">University Archives</a>. If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/7c40e6b613c34f0323b1014494877100.pdf fb238e43554d0f601869d79ae9010e2e PDF Text Text Former U.S. Attorney Michael Battle to speak at commencement MORE ON PAGE 3 Vol. 44, Issue 7 The Opinion The Student Newspaper of the University at Buffalo Law School FI NA LS IS SU E THE OPINION UB Law School 101 O’Brian Hall Buffalo, NY 14260 May 2006 Smith tops Gradwell in SBA elections Spring elections cap off another successful year for Student Bar Association S tudent Bar Association elections for the 2006-2007 academic year were held last month and Jacia T. Smith ‘07 was elected SBA President, defeating Lori B. Gradwell ‘08, who ran a competitive campaign and lost in an intense race. Burton W. Phillips ‘08 was elected Vice-President, Trisha Kirsch ‘07 won her race as an incumbent for Treasurer and will return for second year at the position, and Jason Joaquin Almonte ‘07 was elected Parliamentarian. “The student body made a great showing during elections this year; I am honored to serve as the SBA Parliamentarian,” says Almonte. “ I love organizing things, and making processes easier for people and I’m hoping to make next year the most efficient yet. I am really excited about working with Jacia, Burton and Trisha. The law school now has a Hispanic, openly gay SBA Executive Board Smith ‘07 member – that just reflects the outstanding diversity here at UB Law.” An Amendment to the SBA Constitution was also passed during the April elections. The Amendment provides for the introduction of a standing committee which will be responsible for the drafting of resolutions and the submission of those resolutions to the Student Bar Association Board of Directors for approval by majority vote. The need for such a committee was felt throughout this past year, as a number of resolutions came before the Directors. “I am honored to serve as the new SBA President,” says Smith. “ I look forward to continuing the legacy of excellence set by previous boards. The new e-board and I look forward to increasing student group activities and expanding community service opportunities. We intend to have a wonderful year filled with many good times and fond memories.” Specific improvement on next year’s agenda include the assignment of an E-board member to each and every student organization. The purpose behind the project is to ensure that at least member of the SBA is up-to-date about the issues and projects of all clubs, publications and group. Additionally, the SBA is planning a leadership orientation for the officers of all student groups during the first few weeks of September in order to provide student leaders with a foundation of the organizational and time management skills needed to run a successful group while also meeting the demands of a law student. Yet another summer project for the SBA is to facilitate the move from the UB wings Serve to the Law School’s Web Portal for student organization Web sites. As always, the final project of the outgoing SBA EBoard is Decompression, the final bar night of the year. This spring’s festivities will take place on Thursday, May 18, from 8pm - midnight at the Lafayette Tap Room. The event is free for all law students while non-law students pay $25. infra SBA President’s Corner …........................ 2 Commentary…………….......................….. 4 Docket………..……..............................…. 8 On May 3, the 2006 Class Gift Committee presented a check to Dean Olsen for $4,480.02, the highest amount raised by any class to date. Thanks to all who gave! Law Review honors O’Donnell and Schwenkel at annual dinner A tute, which provides students with the opportunity banner year for the Buffalo Law Review to study law and finance in New York City for a culminated with its 17th annual alumni semester. dinner on Thursday, April Both honorees have been recog27th at The Buffalo Club. nized previously for their outstanding The Law Review published contribution to the profession and the five issues during the 2005-2006 acaLaw School. Ms. O’Donnell is a past demic year for the first time in its 55president of the Law School Alumni year- history. Additionally, the ReAssociation. Mr. Schwenkel has view has received a number of accomentored hundreds of law students lades for its recent Bankruptcy Symduring recruitment season in addition posium issue, which is currently in to his work with the Levin Institute. the final editing stages and will go to print in the next few weeks. “The Law Review Dinner is one of the most exciting events of the The highlight of the evening year,” says current Managing Editor for both past and present Law Review Michael Mann ‘06. “Not only is it a members was the opportunity to O’Donnell ‘82 chance for current students and alumni honor two distinguished alumni, Denise to come together and celebrate, but O’Donnell ‘82 and Robert Schwennext year’s editorial board will be in kel ‘82. place and this year’s editors can mark Both O’Donnell and the end of a successful tenure. We Schwenkel are former Review memare all very excited about our honorbers and have excelled in the legal ees. The Review has so many impresprofession. Ms. O’Donnell is a forsive alumni, we are lucky to have two mer U.S. Attorney for the Western of the most impressive join us this District of New York, a partner at year.” Hodgson Russ LLP and is currently In addition to honoring outseeking the Democratic nomination standing alumni, several current stufor New York State Attorney Gendents were honored for their work on eral. Mr. Schwenkel is the chair of the Review. The Carlos C. Alden the corporate department of the presAward, which is presented to the sentigious New York City law firm, ior making the greatest contribution to Fried, Frank, Harris, Shriver & Jacobson Schwenkel ‘82 the Law Review was awarded to LLP. He has also been instrumental in helping UB Law establish the Levin InstiCONTINUED ON PAGE 3 1 �The Opinion The Opinion Fifteen Years of Encouragement May 2006 Volume XXXXIV, Issue #7 Editors: Michael Mann, ‘06 Jenny Mills, ‘06 Caroline Brancatella, ‘07 Staff Writers: Steve Scibelli, ‘06 Rick Johnson, ‘07 Lisa Ball, ‘08 Josh Dubs, ‘08 Shannon Elwell, ‘08 Mahreen Gillani, ‘08 Peter Parry, ‘08 The Opinion, 101 John Lord O’Brian Hall, Buffalo, NY 14260, is published by law students for law students. The Opinion is the non-profit official student newspaper of the University at Buffalo Law School, State University of New York. Any reproduction of materials herein is not allowed without the express consent of the Editorin-Chief and the piece writer. The Opinion welcomes your comments. Address your letters or guest columns to the Opinion Desk at UB.Opinion@gmail.com. All letters and guest columns must be signed. Include your full name, year, and email. Please limit letters to 300 words. Please limit guest columns to between 600 and 800 words. Submission of a letter or guest column constitutes an exclusive, worldwide, transferable license to The Opinion of the copyright in the material in any media. The Opinion retains the right to edit submissions for content and length. The Opinion does not endorse any of the viewpoints and opinions stated within its pages. Articles and pictures provided by Lawcrossing.com are for the express use of The Opinion and The Opinion claims no copyright privileges to the articles, work and photographs used in the following pages. For questions, please contact the Editor-in-Chief. Law School recognizes Phillips Lytle for minority scholarships A Buffalo-based law firm with in public affairs, cultural organizations, people from underrepresented groups. In deep roots in the community human services, education, and regional many instances, the scholarship has prowas honored at the Law economic growth and development. vided the resources necessary for students School on Feb. 28 for a schol- Four of its six members, he said, are UB to thrive and not just survive during Law arship program designed to foster the Law graduates. School. As the firm hoped, a large percentacademic and legal careers of minority The firm has longstanding con- age of the recipients have remained in students - and encourage those new lawnections with the Law School, Olsen Western New York.” yers to remain in Western New York. said, in hiring, alumni support, adjunct For his part, Graham said: “It is faculty, judging Moot Court competihard to believe that it has been 15 years The Phillips Lytle Scholarship program is 15 years old. Recipients of the tions and donating use of its offices for since the Phillips Lytle Scholarship was scholarship are noted established. While time on a plaque in the moves on, the vision and Law Library. But purpose of the scholarship there is nothing static remains steadfast: to add about the program diversity to the local Bar recipients consisby providing financial suptently report that this port to law students in a scholarship money minority group that is tracan make all the difditionally underrepreference in their abilsented. ity to pay the costs of “In 1991, things attending UB Law were different and cerSchool. tainly less advanced relaUB Law tive to diversity in the legal Dean Nils Olsen and profession. Phillips Lytle committed to the UniverMorgan G. Graham, managing partsity at Buffalo Law School ner of the 170-yearbecause it was the right old firm, made brief thing to do for the stuMorgan G. Graham and Dean Nils Olsen comments at a reception dents, for our community and in O’Brian Hall. for the good of the local Bar. Olsen noted the firm’s broad activity in We established the scholarship 15 years fund-raising alumni phonathons. the community, saying it sponsors more ago because we recognized this need. The About the scholarship, Olsen than 400 civic, charitable and educational said: “The Phillips Lytle Scholarship firm has for a long time recognized that events annually. “Phillips Lytle has a creativity and ingenuity are an important clearly demonstrates the firm’s leadervolunteer program in which a core group part of providing exceptional legal sership in promoting diversity in the legal of people at the firm coordinate thouvices, and those qualities are most readily profession in Western New York. A sands of hours of community service by found in a diverse working environment.” pioneer in encouraging diversity, the more than 100 full-time employees and firm created this scholarship 15 years Giving special thanks to Lisa family members,” he said. “The volunSmith and Peter Braun, Phillips Lytle ago to reward excellence, to help those teers deliver meals, participate in elemen- in need, and to greatly increase the num- partners who coordinate the program, Gratary school mentoring programs, staff ham said: “We are very proud to be recogber of Buffalo-area attorneys from charitable events, clean, paint and pronized by the UB Law School, not because groups that are underrepresented in our vide many other services.” of what we have done, but because of what profession. our financial support has been able to do.” Most recently, Olsen said, the “The firm’s plan has been sucfirm created the Phillips Lytle Leadership cessful, as it has provided over $110,000 Council to enhance and guide its efforts in assistance to more than 47 talented Congratulations to the Class of 2006 Yearbooks on Sale! Only $5 Pick your’s up today in the SBA Office Room 101, O’Brian After the first 150 sell, the price will jump to $15. 2 SBA President’s Corner Dear UB Law Community: This marks my last Opinion column and my final month as a UB law student. I feel very fortunate to have had the opportunity to attend UB Law; I am grateful for having had the opportunity to meet so many wonderful people and receive an outstanding legal education. I would like to congratulate the third year class, I feel privileged to be graduating with such a strong group of intelligent women and men who are going to make excellent attorneys and provide superior leadership in their respective communities. I would also like to say thank you to my fellow law students for allowing me to Ryan Crawford, ‘06 serve as the Student Bar AssoSBA President ciation President. I will always be grateful for my opportunity to serve. In particular, I would like to thank the outgoing SBA Executive Board for their hard work and dedication to the school, they are all outstanding leaders. I would also like to thank the outgoing Class Directors for all their passion and interest. Lastly, welcome to the new SBA Executive Board. I know the law school looks forward to your leadership. Goodbye to all and good luck. Sincerely, Ryan P. Crawford SBA President 2005-2006 �The Opinion May 2006 Above: Senior editors on the 2005-06 Law Review from L to R: Anthony Beccari, Ryan Micklus, John LaBoda, Meghan Brown, Mike Mann, Sachin Kohli, Meredith Conner, Angel Overgaard and Dennis Wiley pose at the Law Review Dinner on April 27th. The Buffalo Law Review celebrates a banner year CONTINUED FROM PAGE 1 Students were honored for their work on the Review. The Carlos C. Alden Award, which is presented to the senior making the greatest contribution to the Law Review was awarded to outgoing Editor-inChief Sachin Kohli ‘06. Outgoing Book Review Editor Angel Overgaard ‘06 received the Justice Philip Halpern Award, which is given to a senior for excellence in writing on the Law Review, for her published comment “Where does Forum for Academic & Institutional Freedom v. Rumsfeld Leave Military Recruiting Efforts? The final announcement of the evening was the four student works which will be published by the Review during the 2006-2007 academic year. The pieces selected include “On Financial Sector Reform in Emerging Markets: Enhancing Creditor’s Rights and Securitizing Non-Performing Loans in the Indian Banking Sector: An Elephant’s Tale” by incoming Editor-in-Chief Anshu Pasricha ‘07; “Bridging the “Philosophical Void” in Punitive Damages: Empowering Plaintiffs and Society Through Curative Damages,” by incoming Managing Editor Leah Mervine ‘07; “Pandemic Fears and Contemporary Quarantine: Protecting Liberty Through a Continuum of Procedural Due Process Rights,” by incoming Publications Editor Michelle Daubert ‘07; and “A Dialogue on Death & Deference: Gonzalez v. Oregon,” by incoming Note & Comment Editor Stacy Hartley ‘07. Decompression 2006 Thursday, May 18 8pm Flynn named U.S. Attorney T errance P. Flynn began work ment, he was a Buffalo trial attorney as U.S. Attorney for Western specializing in medical malpractice, New York products liability and Wednesday, other civil matters at March 22. The U.S. JusGibson, McAskill & tice Department said the Crosby, in Buffalo. Buffalo lawyer was President of sworn in as U.S. Attorthe UB Law Alumni ney after being conAssociation in 2004firmed by the U.S. Sen2005, Flynn invited the ate. judges of the New President Bush York Court of Appeals nominated Flynn for the to Buffalo last April, job last December, after the first time they visMichael A. Battle acited Buffalo in recent cepted a Washington history. They held position as Justice Decourt in the ceremonial partment liaison with its courtroom downtown U.S. attorneys nationand afterwards atwide. tended the UB Law Distinguished Alumni Flynn, 42, is an Flynn ’88 alumnus of the UniverAwards dinner. “It is truly an sity of Notre Dame and graduated from the University at Buffalo honor to be selected by President Bush Law School in 1988. Before his appoint- to serve the citizens of this 17-county Lafayette Tap Room Battle to speak at commencement M ichael A. Battle ’81, will give the commencement address to the Law School’s Class of 2006 on Saturday, May 20, 2006. The ceremony will take place at the Center for the Arts. Born in New York City, Battle was appointed the United States Attorney for the Western District of New York by President George W. Bush on November 15, 2001 and confirmed by the United States Senate on January 25, 2002 for a term of four years. Most recently, Battle was promoted to the position of director of the Executive Office for U.S. Attorneys – becoming the new liaison between U.S. Attorney General Alberto R. Gonzales and federal prosecutors in 94 districts throughout the nation. Upon graduating from Dewitt Clinton High School in New York City, Battle attended Ithaca College where he received a Bachelor of Arts Degree in Sociology/Anthropology in 1977. From there, Battle attended the Law School, graduating in December 1981. After law school, Battle worked as a staff attorney with the Legal Aid Society Civil Divi- sion. From there, he was recruited by United States Attorney Salvatore R. Marto- the Federal Public Defenders Office in Rochester with a satellite office in Buffalo. Battle remained in that office until November of 1995. In 1995, Battle accepted an appointment from New York State Attorney General Dennis C. Vacco, to be his Assistant in Charge of the Buffalo office. Battle left the Attorney General's Office in June 1996 to accept an appointment by Governor George E. Pataki to fill a vacancy on the Erie County Family Court Bench. In November of that same year, after winning both the Democratic and Republican primaries, Judge Battle was elected to retain that seat for 10 years. In January, 2004, Mr. Battle was appointed by Attorney General John Ashcroft to serve on the Attorney General’s Advisory Committee. The CommitBattle ‘81 tee advises the Attorney General on key public policy issues facing the Department of Justice. Mr. Battle also serves as a che to be an Assistant U.S. Attorney in member of the Advisory Committee’s Buffalo, a position he held from 1985 Subcommittee on White Collar Fraud, and through 1992. In 1992, Battle, along with now United has been a leading advocate for the DeStates Magistrate Judge Jonathan Feldman partment in the creation of forensic labs nationwide. and attorney William Clauss, established 3 Notes C ongratulations to Justin Call a 3L JD/MBA student and Alfonzo Cutaia a 2L. Last night they won the prestigious Henry A. Panasci Jr. Technology Entrepreneurship Competition, sponsored by the University at Buffalo Center for Entrepreneurial Leadership. Joining them on the BioHammer team is Yaoqi Zhou, associate professor in the UB departments of physiology and biophysics and chemical and biological engineering. The first prize is $25,000 to start their proposed business, a company that will market software and support to biotech companies. This contest requres the presentation of a business plan to a panel of judges. Coming in second were Jason Lee and Karin Abu-Middain, both JD/ MBA students completing their foundation year of the MBA program; Jordan Lema, a computer support specialist with the neurology department; Arthur Beyder, a medical student; and Chiara Spagnoli, a postdoctoral associate. Called the KbTwist team, they will receive $10,000 toward their business of manufacturing atomic-force microscope probes. �The Opinion May 2006 Opinions and Commentary A Farewell to UB Law By Jenny Mills, ‘06 T hree years ago, when I began law school, I was a terrified, naive 23 year old. Today as I write this, 18 days away from graduating, I am a terrified, naive 26 year old, only now I know law stuff and have a whole lot of super cool friends. When I started law school, I assumed I would have a job and a sense of security by the time I graduated. But for many law students, including myself, this just isn’t the case. Finding a job is hard. Figuring out how to pay for the bar, BarBri, and rent for June and July is hard. Saying goodbye to the friends (and enemies) you’ve made over the last 3 years is hard. But, it’s OK! We’re all gonna be OK. You younger 1Ls and 2Ls are gonna be OK. While law school has undoubtedly comprised some of the most stressful years of my life, it’s also been some of the brightest. From the day I entered UB Law, I was surrounded by a wonderful group of students, faculty, and staff. I’ll admit, I had my trepidations, we all did. That first day, when they broke us down into our tiny little 1L R&W sections, I looked around and wondered, ‘Who are all these freaks?’ As we bonded over veggie burgers and our mutual boredom, I realized that things would be OK. They were a swell bunch and I’ve remained close with a number of them. We study together, shop together, drink together, drink together, drink together. As the days turned to weeks turned to months turned to years, the support system expanded. Soon I had people to rely on and commiserate with in all the 3L sections. Then when the current 2Ls arrived, I met more great people, and this year, amongst you young 1Ls, I’ve once again met more great people. And this brings me, ever so slowly, to my point: The thing that makes law school survivable, bearable, and hell, at times, even fun, is YOU. I would not have made it through law school without YOU. Be it my 1st and 2nd year roommate, the fabulous Lauren Cutuly, or my crazy co-editor Mike Mann, or my fellow student government geeks, etc., I would not have made it without YOU. Be it sharing outlines, gossiping, representing Team Slacker, finals group dinners, co-editing this rag, or just being there to talk each other down, this is what makes UB Law great and why I wouldn’t trade it for anything else. So thanks UB Law and here’s to the future. I wish you all the best! The Politics of Hip Hop By Rick Johnson, ‘07 H ip hop music has been one of the voices of our generation since the eighties. It is the new soapbox, podium and arena for these Philosopher kings in fubu to holler about the concerns of their communities. As Public Enemy’s Chuck D once said, “Hip hop is the black CNN.” The rapper Mos Def also wrote, “Speech is my hammer, I bang the world into shape, now I let it fall.” From Jazz to Gospel to Blues, African Americans have always sought to express and share their feelings of their position in America. Hip Hop has also become a music Americans can share as Eminem declared in his song “Mosh,” “All you can see is a sea of people some white and some black, don't matter what color, all that matters we gathered together.” James Weldon Johnson once wrote, “American musicians, instead of investigating rag-time, attempt to ignore it, or dismiss it with a contemptuous word… Whatever new thing the people like is pooh-poohed; whatever is popular is spoken of as not worth the while.” Hip Hop has also been influential in profound ways within the last few decades yet like ragtime has been ignored. There is a great amount of wisdom found within Hip Hop. As late Biggy Smalls once said, “stereotypes of a black male misunder- stood but it’s still all good.” Biggy on another occasion stated his frustration about limited stereotypical roles of a black man in American when he said, “The streets are a short stop, either you slingin’ crack or you got wicked jump shot.” Similarly, as Tupac Shakur once said, “When did I ever say I was a gansta W.E.B. DuBois wrote, “To be a poor man is hard, but to be a poor race in the land of dollars is the very bottom of hardships.” However, Hip Hop has also seen some conservatism. For example, Tupac Shakur told black mothers to “Keep Ya Head Up.” Tupac’s optimism sounds strikingly similar to that of the black conservative Booker T. rapper? Is Al Pacino a gansta actor? Hip Hop can be considered radical in much of its philosophy as Tupac Shakur said in his song “Me against the world” or Public Enemy’s criticism for Reganomics. Tupac has also stated, “Being born with less I must confess, adds to of all the stress.” Similarly, the black intellectual Washington’s statement, “No race that has anything to contribute to the markets of the world is long in any degree ostracized.” Jay-Z declared his “spirit of capitalism” in his song “Things that I Do” featuring Maria Carey stating, “Crazed and demonic, without blazin’ chronic, a product of Reaganomics.” Many critics of Hip Hop often talked about its glorification of drugs, sex, and violence. Yet, as Outkast says, “we missed a lot of church, so the music is our confessional.” Hip Hop is not simply about the dark sides of the African American experience. As Nas declared on his album God’s Son in his song “I Can” telling black children, “Smart boys turn to men and do whatever they wish. You don’t have to be ganstas. Read more, learn more change the globe. Ghetto children do your thing. Hold your head up little man you’re a king.” Public enemy said in “He Got Game” “It may feel good or sound a little somethin’ but damn the game if it don’t mean nothin.” I conclude with W.E.B. DuBois’ sentiments on the power of music, “Through all the sorrow of the Sorrow Songs there breathes a hope—a faith in the ultimate justice of things. The minor cadences of despair change often to triumph and calm confidence. Sometimes it is faith in life, sometimes a faith in death, sometimes assurance of boundless justice in some fair world beyond. But whichever it is, the meaning is always clear: that sometime, somewhere, men will judge men by their souls and not by their skins. Is such a hope justified? Do the Sorrow Songs sing true?” Letter to the Editor Dear Editor: While reading “Class Rivalries” by Steve Scibelli (Dec. 2005), I was fairly shocked at the comparison of the purported 2L-3L rivalry to that of Israel and Palestine. The placement of this conflict in a list of rivalries including two cities, two brands of soda, and two spent celebrities further baffled and, frankly, upset me. Given the role of careful analogizing in legal education, it surprised me that a law student would use an analogy so flippantly, especially one involving a conflict with such serious consequences. More serious, I would argue, than the Red Sox-Yankees rivalry alluded to in the article. While I understand that the intention of the piece was comical and the context of the analogy light, it seems to me that callous references like the one in “Class Rivalries” serve to desensitize the readership to the severity of those conflicts and eventually make them seem as commonplace and acceptable as, well, Coke and Pepsi, or Boston and New York. Although this letter stems from Scibelli’s piece, I do not mean to single out this author – I have heard many more abuses of analogies on this campus. It appears to be a reflection of a trend that extends beyond this campus. Two recent pieces in the media draw attention to this rampant misuse of analogies. An editorial by Adam Cohen in the New York Times last year (“An SAT Without Analogies is Like: (A) A Confused Citizenry” The New York Times, Section 4, p. 10, March 13, 2005) noted the disturbing trend of misused analogies in public discourse, and the perhaps poor decision of the College Board 4 to eliminate analogies from the SAT in this climate. The piece provided examples of the likening of the estate tax to the Holocaust and the attacks on Enron to the terrorist attacks on the United States. An episode of The Daily Show with Jon Stewart last spring included a report entitled: “Someone disagrees with you? Compare ‘em to a Nazi. Works like a charm. A Hitler charm” (The Daily Show With Jon Stewart, June 14, 2005). The Stewart piece focused on Members of Congress (from both sides of the aisle) and members of the media who repeatedly compare Congressional activities (for example, a change to a parliamentary filibuster rule) and national events to the Holocaust. It also showed one politico who compared Terry Schiavo’s husband to a Nazi. I don’t consider myself to be someone who takes herself (or others) too seriously, but I do take the deaths of Israelis and Palestinians seriously. In Cohen’s piece, he notes the simple advice of one of his law school professors: “All things are alike in some ways and different in other ways.” I would suggest that perhaps law students should resist this current trend and exercise a bit more care in seeking similarities without entirely disregarding the differences that prevent their analogies from being appropriate, much less illuminating. Sincerely, Rachel Hezel Class of 2007 Editor’s Note: This letter was submitted in February 2006. �The Opinion May 2006 Disparity between Male and Female Partners By Amy E. Wong A CEO wants a guy with shared experience and values, a guy, say, who gives him putts within three feet,” Peter J. Solomon, founder and chairman of his own investment company, told the New York Times. Executives often promote like-minded people, mostly Caucasian men, to positions of authority. This inclusiveness also extends into the legal world, where partners, who are predominantly men, promote those who also believe in working long hours, networking at golf courses, and generating more cash. This clash of ideology means that women associates rarely attain partnership. The National Association for Law Placement (NALP), a career resource for lawyers and law students, revealed that 83 percent of partners at major law firms were men in the year 2005. Only 17 percent were women. This is startling news considering that, according to EEOC, the number of women and men graduating from law school and working as associates has been equalizing during the past few decades. This trend, as outlined in the Philadelphia Business Journal, has nothing to do with social trends, company policies, or ethical considerations. It is an issue of economics. Michael M. Boone, a founding partner of the law firm Haynes and Boone, said in an article in the New York Times, “Forget about skin color or gender or whatever. If you want to run a great business, you need great, talented people. And I don’t care if I’m hiring Martians if it makes good business sense.” Carolyn Elefant, a blogger at www.myshingle.com, wrote, “The problem with large firms is that everyone, male and female, is held to an equal standard: generate more billables, bring in more revenue.” The ABA found that when law firms expanded in scope and size during the 1990s, partners began relying on billable hours as a measure for charging clients and assessing individual lawyers’ productivity. Billable-hour requirements have created a competitive and cutthroat environment, where lawyers feel obliged to work long hours. The ABA Commission reported, “The unending drive for billable hours has had a negative effect…on family and personal relationships.” As a result, “many young attorneys are leaving the profession due to a lack of balance in their lives.” However, more women are leaving law firms than men. This may result from the fact that women are paid less. According to a Diversity & The Bar article, Caucasian males earn $250,000 more than their Caucasian female colleagues. These paychecks, the article suggests, “seem to reflect attitudes that say that one person’s contribution is more valuable than another’s, even though they do the same job.” Paul Williams, general counsel at Major, Lindsey & Africa, noted in a Diver- sity & The Bar article that because the average tenure of women is shorter than that of men, their compensation tends to be lower. In what amounts to a catch-22, women leave because their salaries are lower, but don’t stay long enough to receive higher salaries. Martha Fay Africa, managing director and founder of Major, Lindsey & Africa, suggested in a Diversity & The Bar article that women do not ask for money as aggressively as men do. Research, Africa notes, shows that women frequently do not actively seek the best assignments and often receive routine work that does not develop their skills. Consequently, women are not promoted to partnership. Caucasian men, who are often more aggressive than women, have a higher likelihood of being promoted to partner. There are other contributing factors that block a woman’s promotion in law firms. Several Minority Corporate Counsel Association (MCCA) studies reveal that the economic pressures that come with billable hours limit a partner’s time. As a result, partners rarely have the time to mentor young associates. Those who are mentored, however, tend to be men. This is because male partners are reluctant to enter into mentoring relationships with women. The New York Times says, “Why is a woman who hunts down her male boss for a chat seen as overly aggressive or possibly flirtatious, while a male doing the same thing is seen as merely am- bitious?” Another factor that explains the disparity is importance of networking. For attorneys, networking is the opportunity to generate business by nurturing strong social relationships with their clients. A 34-year-old white female attorney wrote in her blog, The Happy Feminist, “This can be hard if you’re a woman and the clients are men. It can be awkward to go out to dinner or drinks with an opposite-sex client. Also, a lot of firm-client socializing involves attending sporting events or playing golf.” There are many factors that can be attributed to the disparity between the number of female and male partners. In any case, it boils down to a struggle of ideology. Are women willing to leave their children at home while racking up billable hours? Are male clients willing to socialize with female attorneys? Are partners willing to find the time to mentor young female associates? In order to retain female lawyers and cultivate female partnerships, female associates and their firms have to meet halfway. Melissa Lafsky, author of www.opinionistas.com, wrote in her blog, “I do think that firms can start by focusing less on the ‘female problem’ of retaining women and more on the overall task of not creating a shitty environment for the vast majority of people who walk through the marble lobby. Practicing law didn’t used to be considered a hollow, UB Law Alumni to Honor Five at Annual Dinner Graber ‘78 F ive graduates of the University at Buffalo Law School will receive Distinguished Alumni Awards for their valuable contributions to the legal profession and community at the 44th annual UB Law Alumni Association meeting and dinner to be held at 6 p.m. May 10 in the Hyatt Regency Buffalo. “We are fortunate at UB to have such remarkable alumni. This is an exceptionally worthy group of recipients. Their leadership and accomplishments have contributed enormously to our Law School, community and legal profession,” said UB Law School Dean Nils Olsen. The dinner also will mark the end of the Law Alumni Association’s membership drive for 2006-07. Alumni who have not renewed or joined the association for this year are requested to send in their $50 dues to the Alumni Office, 312 O’Brian Hall, Buffalo, N.Y. 14260. Awards will be presented to: * Hon. John P. Lane, Justice of the New York State Supreme Court, will be honored for his conscientious and diligent performance in the judiciary. A 1953 graduate of the UB Law School, Lane served as Amherst town attorney for 25 Schietinger ‘85 Fine ‘68 years prior to assuming the bench in 1996 as a judge on the Court of Claims. He moved to the Supreme Court, Eighth Judicial District, in 2000, where he is supervising judge of civil cases. He resides in Williamsville. * Garry M. Graber, partner, Hodgson Russ LLP, will be honored for his leadership by example as a private practitioner. A 1978 graduate of the UB Law School, Graber has more than 25 years of experience in bankruptcy and corporate restructuring, commercial and corporate litigation, and general business law. President of the Upstate New York Chapter of the Turnaround Management Association, he also is a past president of the Bar Association of Erie County; past chair of the Bankruptcy Committee of the New York State Bar Association Section on Business Law; past president of the Volunteer Lawyers Project, Inc., and past president of the UB Law Alumni Association. He teaches a course on Chapter 11 Bankruptcy in the UB Law School. He resides in Orchard Park. * Hon. Elena Cacavas-Schietinger, administrative law judge, New York State Public Employment Relations Board, will be honored for her commit- 5 Greene ‘74 ment to public service. A 1985 graduate of the UB Law School, Cacavas began her career with the law firm Hodgson Russ, where she became a partner and earned a reputation for being a knowledgeable and accomplished labor-and-employment lawyer. After relocating to New York City, she was appointed by former Gov. Mario Cuomo to her present position. She has served with distinction in that position for 12 years. She now serves on the UB Law School’s Dean’s Advisory Council, has raised a substantial amount of money for breast cancer research and teaches at her church. She resides in Manhasset, N.Y. * Christopher T. Greene, managing partner, Damon & Morey LLP, will be honored for his many contributions to the betterment of the community. A 1974 graduate of the UB Law School, Greene is a member of the firm’s business and corporate, health care and international practice groups. Active in a number of charitable and civic organizations, he formerly was the chairman of the board of directors of the Hauptman-Woodward Medical Research Institute and currently serves as chairman of the Hauptman-Woodward Foundation. He is a board member for the Buffalo Niagara Medical Campus, the Buffalo State College Foundation and the National Conference for Community and Justice - WNY Re- Lane ‘53 gion. He also serves on the Law School’s Dean’s Advisory Council. He resides in Buffalo. * Robert P. Fine, managing partner, Hurwitz & Fine P.C., will be honored for his exemplary performance in business. A 1968 graduate of the UB Law School, Fine has extensive experience in the purchase and sale of business entities, including stock and asset transactions; business valuation, and in transactions involving major financial institutions, including industrial bond matters. Former vice chair of the board of directors of the Roswell Park Cancer Institute, he is secretary of the Erie County Industrial Development Agency, the Buffalo and Erie County Regional Development Corporation and the Buffalo and Erie County Industrial Land Development Corporation. Fine is a former president of the Law Alumni Association and The Buffalo Club. He also serves on the Law School’s Dean’s Advisory Council. He resides in Williamsville. For more information on the dinner, contact the UB Law Alumni Office at (716) 645-2107 or email at lawalumni@buffalo.edu �The Opinion May 2006 More Opinions and Commentary Pick up Exeunt Omnes By Steve Scibelli, ‘06 T Your Law School he pretentious title above is Latin for “exit all.” I would be less melodramatic about the exit of the class of 2006 except for that (A) I’m Italian and we’re very emotional by nature and (B) law is a pretty huffy industry anyway, so snooty Latin is par for the course. Anyhow, I’d like to say a couple of words about the law school experience to be a mentor of sorts to the classes of 2007 and 2008. Five-hundred words to be exact — since that is all my editors see fit to give me. First, there’s this issue of schoolwork in law school. Ok, ok, I admit to actually putting effort in first year. After that, well let’s just say I’ve beaten Snood on Evil and played enough Party Poker to get free gifts in the mail (they sent me a nice hat). When you see me typing in class, I’m not writing about the 90-day notice requirement for claims against municipalities, I’m punking down some tween from Iowa who went all-in against me with his top pair when I flopped a set. Step up your poker game, son. This goes out to all the first and second year students: just get a decent outline and take the rest of the semester off. Tucker Max spent his 2L spring semester in Cancun while still enrolled. And he went to Duke --- a real law school. I’m just saying. Also, no talk about law school life would be complete without mentioning the social scene. I can’t really tell you who to be friends with, but I certainly can tell you where to have these friends. A note to law students: Amherst is a nice area where deer run free and rainbows abound. The actual city of Buffalo --- not so much. Something about “the Chip” turns spiky-haired Circuit City clerks into gladiators of the night. You’re more likely to get sucker-snuffed by some white trash from Niagara Falls then you are to get lucky. So stick to dinner parties with law students. At least at the dinner party, you can rest assured you are the meanest mutt in that piece. Fashion: do you have to look like you got dressed in your grandfather’s closet with your eyes closed? You’re still relatively young and not yet gainfully em- ployed. So relax a bit and stop with the business attire. Physical Fitness: the UB gym is a craphole. Anyhow, along with the 3 flat benches for a school of 30,000, I’ve never seen more meatheads packed into one filthy hole than this dump. These juice-weasels have shot so many ‘roids’ that they’ve gone bald by 19 and have testicles the size of Tic-tacs. As for the females, they wear full make-up while pretending to move on the elliptical. I guess you’re not worried about runny makeup when you won’t be sweating anyways. Trust me, just drop the $30 a month and join the BAC. I would be done ranting and raving Lewis Black style, but I have one more grievance to air: Canadians. I think it’s appropriate to conclude with some thoughts of a buddy at GW Law: “In Canada it is always winter. Sometimes the sun never rises in Canada. Harp seals abound until they are brutally slaughtered by Canadians. They worship maple syrup, hockey, and Alanis Morisette. I hate Canadians.” Yearbook Today! 101 O’Brian Hall Only $5 Scrapbook 2006 6 �The Opinion May 2006 Immigrant Detention Resembles 1980s Drug Policies T he growing prevalence of detention as a policy within the U.S. immigration system is strikingly similar to policies of criminal sanctions and mass incarceration used to fight the “war on drugs” in the 1980s, according to University at Buffalo Law School Professor Teresa A. Miller, who studies the U.S. prison system and teaches immigration law. “The result of these policies in the 1980s and ‘90s was the wholesale overincarceration of African-American males, resulting in the ‘browning’ of American prisons,” Miller says. “The current debate over legislation criminalizing illegal, and overwhelmingly Hispanic, immigrants reflects American anxiety over the ‘browning’ of the U.S. due to Mexican and Latino immigration over the past 40 years,” she adds. As the debate wages and policies of felonization, deportation and amnesty are considered, Hispanics are at critical crossroads for their future in America, says Miller, who has lead law students on tours of immigration detention centers. “The question from my perspective is whether immigration control be- comes a tool used to channel a large percentage of low-income Hispanics into the prison system or out of the country, as low-income African Americans were channeled into the prison system and internally exiled in the 1980s,” says Miller. Under deportation law, non-U.S. citizens get even fewer constitutional rights than criminal defendants, making immigration law reform an attractive option for exporting what is seen as a growing domestic problem, Miller points out. To address the Prof. social, economic and political impact of the convergence of immigration and crime control, also known as “crimmigration,” Miller held what might have been the country’s first conference on the topic on April 28-29 at UB’s Baldy Center for Law and Social Policy. “Merging Immigration and Crime Control” featured commentary from several prominent experts on immigration. Unlike the movement to criminalize illegal drug use in the 1990s, which was supported by a “tough on crime” message that was attractive to many American voters, the current immigration reform proposals are far more politically divisive, even within the ranks of liberals and conservatives, Miller says. “Bill Frist’s proposal to fine employers who hire illegal workers works against the interests of agribusinesses who employ Miller large numbers of foreign workers, many of whom are illegal,” Miller says. “Yet in the context of a country steeped in 30 years of ‘get tough’ rhetoric, amnesty doesn’t sit well even with many liberal voters. “The compromise that was brokered late last week took the felonization of illegal aliens off the table, but moved the position of liberal Democrats who initially favored amnesty far to the right, supporting instead fines and requirements that seemed Draconian only a few years ago.” According to Miller, the failed Senate compromise on an immigration reform bill, and the mass protests that occurred a few days later, have injected political uncertainty into the debate. This may produce continued movement away from reforms that emphasize detention and incarceration and focus the debate instead on addressing economic factors that encourage illegal immigration. “I know that increased punitiveness in criminal severity is not going to stop people coming here illegally. Locking up drug dealers did not stop drug trafficking; locking up illegal immigrants is not going to stop their flow into the U.S.,” Miller says. “But what it will do is grow another prison system, making the state liable for the care of many more prisoners, and that’s going in the wrong direction.” Taking on Torture Baldy Center retreat hears from UCLA law scholar T he difficult and politically explosive issue of torture took center stage for the 12th annual Baldy Center Retreat, an annual celebration of the work of UB Law School’s interdisciplinary studies center. The retreat, held Dec. 14 at the elegant Saturn Club in Buffalo, gathered nine Baldy Working Groups for planning purposes. Professor and Baldy Center Director Lynn Mather recognized such significant initiatives as the Arts Management Program; the Institute for Local Governance and Regional Growth; the Jaeckle Center for State and Local Democracy; and the Center for Urban Studies and its HUD Community Outreach Partnership Center. Continuing a tradition of seeking out the best in challenging new scholarship, the center invited as its keynote speaker Richard L. Abel of UCLA Law School. Currently on sabbatical in New York City, working in the Center for Constitutional Rights, Abel was a founding editor of the journal Law & Policy, published by the Baldy Center. At UCLA, he also is faculty coordinator for the Public Interest Law Program. Abel’s address, titled “Legalizing Torture,” sprang from his 58-page academic paper of the same name, a paper that begins: “The Bush administration’s reaction to 9/11 has profoundly compromised America’s fidelity to the core of political liberalism - the rule of law. The president and his Cabinet and lawyers have embraced torture, kidnapping and indefinite detention without the right to a trial, counsel or to confront accusers.” Abel began his remarks with a quotation from poet W.H. Auden: “The Ogre does what ogres can, Deeds quite impossible for Man, But one prize is beyond his reach, The Ogre cannot master Speech.” In other words, he said, we need to ask the question: “Under what circumstances, in what ways, and to what extent is the law capable of modifying the power of the state?” Abel spoke of his experiences in South Africa, where he visited five times in five years in order to look at the ways lawyers and judges participated in governing during the first years following the fall of the apartheid regime. Prof. Makau Mutua with Prof. “There was no written constitution or bill of rights. There was no judicial review. There were almost no black attorneys or advocates,” he said. “Nevertheless, law did make a difference.” In the United States, he said, “it would seem as though law would be more and more capable of resisting tyranny in 7 our country.” But, he said, the power of the law has been tempered by “attempts by the Bush administration to redefine the legality of a wide variety of practices” in the years since the terrorist attacks of Sept. 11, 2001. For example, Abel said, a series of memos in the executive branch “declared that al-Qaida and the Taliban were outside of judicial intervention.” Similarly, the claim was made that the American-run de- the immediate aftermath of 9/11 in New York City, roughly 1,000 men of color were rounded up and then housed in detention centers in Brooklyn and New Jersey. The conditions there were worse than in American prisons.” Abel cited the infamous instances of psychological and physical abuse at Abu Ghraib, which involved the use of dogs and in some cases forced detainees into degrading sexual situations. “Abu Ghraib was a gift to this nation because it was an aberration,” he said. “It was the behavior of juvenile and inadequately trained and probably pretty pathological people, engaging behavior that was probably beyond what was authorized.” At Guantanamo, Abel said, U.S. lawyers face enormous obstacles if they seek to provide representation to detainees. There is, for example, “the enormous difficulty of gaining the trust of detainees and their families.” Guards at the facility, he said, will approach a detainee after a lawyer visits and aver that the lawyer was Jewish - “and if word gets out that you, a Muslim, are being represented by a Jew, nobody will believe you.” Some detainees, Abel said, have told their lawyers that “every time you come down here, when you leave we are punished.” Adding a further obstacle, he said, detainees have asked for access to an Arabic-English dictionary so they can read legal papers - but the request has been denied. “The reasoning,” he said, “is that, if Richard Abel of UCLA Law School their English improves, that is a tention facility at Guantanamo Bay, Cuba, is security risk, because they will be able to understand more of what their guards are outside the United States and therefore not saying.” subject to U.S. law. Following Abel’s remarks, UB Law The practice of detention, Abel said, has been particularly problematic, with alle- Professor Makau W. Mutua and Associate Professor Brenda L. Moore of gations of the use of torture against detainUB’s Department of Sociology offered ees at Guantanamo, in Afghanistan and at the Baghdad prison called Abu Ghraib. And respondent comments. detention happens at home, too, he said: “In �The Opinion May 2006 Tips on Transitioning from School to Work By Amy E. Wong I f you’re about to graduate, there are a few things that you should know before you step out into the job market. First and foremost, it’s completely different from school. Let’s face it. Law School breeds a lot of nasty habits, such as blowing class off because you just don’t like it, sneaking into the back door of a lecture hall because you’re an hour late, and slouching in your chair to show your professor that you’re bored out of your mind. You should start changing those old habits by replacing them with proper business etiquette. They may be painful changes, but the sooner you get used to them, the better. A Boston Globe article documented the trials of a young law school grad searching for her new job. After tentatively accepting a job proposition, 24-year-old Dianna L. Abdala declined the job and said, “The pay you are offering would neither fulfill me nor support the lifestyle I am living.” The hiring employer, 36-year-old William A. Korman, replied by saying that her decision to decline the offer via email “smacks of immaturity and is quite unprofessional.” In another email, he wrote, “Do you really want to start pissing off more experienced lawyers at this early stage in your career?” Abdala closed the exchange with three curt words: “bla bla bla.” If you want to work with others, your ability to cooperate is crucial. It may sound obvious; but employers are looking for candidates who are not only qualified for the position, but also pleasant, organized, and dependable. Inc.com, a resource for entrepreneurs, has a couple of tips that you might want to keep in mind when transitioning from school to the workplace. Watch your language. Barry Wellman, sociology professor at University of Toronto, found that email makes people less inhibited and more prone to conflict. Because emails lack body language and vocal inflections, they are often misconceived. When composing an email; be positive, straightforward, and polite. Make personal connections. Albert Mehrabian, a UCLA psychology professor, found that 55% of a conversation’s meaning comes from facial and body language; 38% comes from vocal inflection; and 7% comes from the words themselves. Face-to-face interaction is important when creating bonds. It is your opportunity to make a good impression. So speak clearly, be tactful, and maintain good eye contact. Be honest. Most employers will take the time to train recent grads. Don’t be afraid to express your goals, uncertainties, and capabilities. It is far more efficient to say “I don’t know” in the beginning than “I don’t know” in the end. Moreover, honesty has been and still is an admirable quality when expressed in a tactful way. Respond; don’t react. If you are angry or frustrated, don’t just blow up. Wait 10 seconds, take a deep breath, and then try to express your feelings in a rational way. Venting will only aggravate other people. Most likely, you will encounter many stressful situations in the future. Employers want to know that you can handle stress in a calm, collected manner. Be an active listener. Conversation may be boring, but try not to zone out. Concentrate on what the speaker is saying. Exercising patience and keeping an open mind will allow you to see the importance of another person’s ideas. Show that you are mentally engaged by periodically reframing key points (“So what you mean is…”) and giving feedback (“In my opinion…”). Understanding and participating are key factors to good communication. Follow through. If you say you are going to do something, act on it. If you can’t follow through, have the courtesy to explain why you can’t keep that promise. The last thing you want is people pegging you as an unreliable liar. Remember, the workplace is a cooperative workplace. People count on you. Change is stressful for everyone. As a college student, you are probably used to autonomy. You write papers, take tests, and attend lectures. As a working professional, though, you work in a community full of other working professionals. People are all interconnected. You want to assure your potential co-workers that you are not only proficient, but also reliable. Abdala wrote “bla bla bla” when she declined her job offer. There are many places where she probably went wrong, ranging from her lack of tact to her poor communication skills. Abdala now works alone by renting space from a lawyer on Franklin Street in Boston. As a college student, you will most likely be entering the work force after you graduate. If, by chance, you decline a job offer in the near future, keep in mind that the market is small. You will probably bump into the same people time and time again, so be honest and tactful about why you are declining a job. Forget all the generalities about goals, interests, and career objections. Your honesty will be appreciated, and you might even receive a better job offer — Lawcrossing.com. Mr. Trynosky Goes to Washington Wins a spot in Presidential Management Fellows program A UB Law dual-degree student is on his way to a posting in the federal government after having won a spot in a highly selective program that seeks to attract top candidates into government service. Stephen K. Trynosky, who in May will complete his dual degrees in law and public health, is one of 550 people chosen to become Presidential Management Fellows for 2006. About 3,500 hopefuls from 167 graduate institutions applied for the program. Trynosky was introduced to the Presidential Management Fellowship program in summer 2004 when he was a public health law fellow at the federal Centers for Disease Control and Prevention. The program was created by President Jimmy Carter in 1977 and modernized in 2003 under President Bush, who said, “The purpose of the program is to attract to the fed- eral service outstanding men and women from a variety of academic disciplines and career paths who have a clear interest in, and commitment to, excellence in the leadership and management of public policies and programs.” It is administered by the federal Office of Personnel Management. The selection process involved a nomination by UB Law School Dean Nils Olsen, then an all-day assessment in Washington that came in three parts: a fiveminute oral presentation on a random topic with just 25 minutes to prepare the speech; a focus group in which judges observed the interaction among four nominees; and a 45-minute writing test, with only a dictionary as a resource. Trynosky, 29, says the “uniqueness of UB’s JD/MPH program” drew attention during the selection process: “Everyone kept saying, ‘Wow, what a neat combination of degrees.’ “ He is one of only two people from State University of New York schools chosen for the 2006 program. In considering what field they will pursue during the two-year appointment, Presidential Management Fellows interview with government agencies in areas that interest them. Trynosky has interviewed in two agencies with public health responsibilities: the office of the secretary of Health and Human Services, and the office of the undersecretary for legislative affairs at the Department of Homeland Security. When the fellowship ends, appointees can accept another job in federal government at an advanced level - GS-14, the second-highest level of government civil service. But most, Trynosky says, take the contacts they have made and go on to work in private practice, another level of government or a non-governmental organization. “It has benefits no matter what you plan on doing,” he says. “Government service is in my blood,” says Trynosky, who before law school served as medical service officer for the Army’s 10th Mountain Division at Fort Drum, N.Y., leading a platoon of 26 combat medics. His father is a retired urban planner with the New York City Department of Housing Preservation and Development; his mother is an early childhood teacher in Brooklyn. Having seen the work that goes on in health-related federal agencies, Trynosky says, it is clear to him that “the skills that UB is imparting in its JD/MPH students are exactly what is up and coming in this field. It is the perfect blend of legal background and policy background as well. Even if you are not directly working in health care, a lot of policy issues directly translate into defense or other issues.” The Docket Tuesday, May 2— Reading Group Discussion. Organized by the Baldy Center ClassCrits Working Group. Law Library Looseleaf Room, 2pm. (ekausner@buffalo.edu). Wednesday, May 3— OUTLaw Dinner, 10th Anniversary. Marriott, 1340 Millersport Highway, 6pm. (hmiller@buffalo.edu). Thursday, May 4— Buffalo Seminar on Racial Justice “Race, Class, and Historical Agency in the Modern World Economy: An African Diaspora Perspective” with Keith Griffler, UB African American Studies. 378 Crescent Avenue, Buffalo, 7:30pm. (ekausner@buffalo.edu). Wednesday, May 10— UB Law Alumni Association Annual Diner and Distinguished Alumni Awards. Honorees include: For Public Service — Hon. Elena Cacavas-Schietinger ‘85; For Community Service — Christopher T. Greene ‘74; For Business — Robert P. Fine ‘68; For Private Practice — Garry M. Graber ‘78; For the Judiciary — Hon. John P. Lane ‘53. Hyatt Regency, 5:30pm. (fleisch@buffalo.edu). Saturday, May 20— UB Law Commencement. Center for the Arts, 3pm. (saran@buffalo.edu). 8 � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Opinion, 2006-05 Date Issued Date of formal issuance (e.g., publication) of the resource. 5/1/2006 Bibliographic Citation A bibliographic reference for the resource. Recommended practice is to include sufficient bibliographic detail to identify the resource as unambiguously as possible. 44 7 Publisher An entity responsible for making the resource available UB Law School State University of New York at Buffalo Law School Language A language of the resource eng Type The nature or genre of the resource Newspapers Text Is Part Of A related resource in which the described resource is physically or logically included. LIB-LAW003 Rights Information about rights held in and over the resource <a href="https://rightsstatements.org/page/CNE/1.0/">COPYRIGHT NOT EVALUATED</a>. The copyright and related rights status of this Item has not been evaluated. Please refer to the organization that has made the Item available for more information. You are free to use this Item in any way that is permitted by the copyright and related rights legislation that applies to your use. This digital collection is made available for research and educational purposes. Researchers are responsible for determining copyright status, and securing permissions for use and publication of any material. Copyright for items in this collection may be held by the creators, their heirs, or assigns. Researchers are required to obtain written permission from copyright holders and the University Archives prior to reproducing or publishing materials, including images and quotations. For inquiries about reproduction requests and permissions, please contact the <a href="http://library.buffalo.edu/archives/">University Archives</a>. If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/549642cbf6d79a13f21c5a77110f6dec.pdf 26a1fcb5da0d2f0406ec2ac9d84619a7 PDF Text Text BEECHER TO RECEIVE 2005 JAECKLE AWARD Bush Nominates Miers to fill Justice O’Conner’s Seat SEE PAGE 6 Vol. 44, Issue 2 SEE PAGE 3 The Opinion The Student Newspaper of the University at Buffalo Law School THE OPINION UB Law School 101 O’Brian Hall Buffalo, NY 14260 October 2005 UB welcomes Louisiana Law Students Three students from Katrina affected schools attend the Law School this Fall By Caroline Brancatella, ‘07 A Above, Loyola Law School in New Orleans recovers from Hurricane Katrina, three students have joined UB until classes can resume few unexpected days off due to weather or a small cafeteria fire can be a pleasure for law students. A citywide evacuation, massive governmental failure, and cancelled fall semester is not. It calls for last minute scrambling to continue a law school career on schedule. Such was the situation for nearly 1,800 law students attending Loyola New Orleans and Tulane University, both schools in the heart of the hurricane ravaged city that announced nearly a week after Katrina hit the Gulf Coast that their institutions would be closed for the Fall semester. As a result, more than 160 law schools across the nation, including the University at Buffalo, opened their doors to New Orleans based individual to attend as transfer or visiting students. Initially, Tulane was willing to only allow second and third year students to pursue course work at other schools, but later decided to permit the same opportunity to first years. At UB, three women, two from Tulane and one from Loyola have joined the student body for at least the semester. “The faculty and fellow students have assisted the visiting students in getting acclimated and catching up with their coursework,” says Vice Dean for Student Affairs Melinda Saran of the transfers. She adds, “What I found most interesting is that all the law students arrived with their lap tops, even though some came with little else.” Sara Johnson, a second year student visiting UB for the semester from Tulane described the unexpected turns her school year has taken. “We really never thought this would happen,” she said. Having evacuated for Hurricane Ivan during her first year in New Orleans, which CONTINUED ON PAGE 2 Election Wrap-up: Eighteen vie for 1L seats T he UB Law Student Bar Association has put the final pieces in place for the upcoming year of student government with the completion of class director elections held the last week of September. With the SBA reporting a voter turnout of nearly three hundred students, the classes elected a total of 25 directors -- six representing each class and one from the LLM program. The first year students put forth the most competitive field with 18 students vying for the six available positions. Those 1L’s who emerged as the winners include Burton Phillips, Shannon Elwell, Alexander Wright, Shelly Tsai, Michael Hernandez, and Emily Conley. Among the 2L’s elected were Monica Campbell, Jacia Smith, Adam Bushey, Ray Walter, Victor Gonzalez, Jason Almonte. Smith, Bushey and Almonte are returning for their second stint of service in the SBA having also acted as class directors last year. Leonardo Sette-Camara, Scott Bi- zub, Renee Root, Lexi Maloney, Paul Parisi, Jenny Mills will be representing the third year class with Sette-Camara returning for a second year. elections. The energy and interest shown by the candidates and the voters was impressive,” said SBA president Ryan Crawford of the elections. He continued, “I look forward to serving with the newly elected class directors. I believe that with the elected directors' dedication and passion, we can accomplish a great deal in the SBA over the course of this school year.” Returning second year class director Jason Almonte said of his goals, “This year, I would like to work with my fellow classmates on designing more programming 4 Directors return from last year’s Board that really involves each of Roxana Bray was elected from the the classes. I would like to work with the LLM program. current SBA e-board, who is dedicated to “On behalf of the Student Bar Assofacilitating programs for students, and ciation Executive Board, I would like to bringing SBA access up to par.” say thank you to all the UB Law students Ray Walter, a newly elected 2L spoke that participated in the recent class director about why he chose to get involved, “I 1 decided to run because law school is a place where we spend a majority of our time for three important years of our lives, therefore, I wanted to give something back to the law school community and work to improve it.” Class directors will be responsible for attending all SBA meetings and organizing law school sponsored events. Highlights from last year included the Barrister’s Ball, SBA Movie Night, Bowling for Finals, 1L Escape, Karaoke Night, Decompression and nearly a dozen more. infra SBA President’s Corner ….. 2 Commentary……………….. 4 Faculty Spotlight……..…….. 7 Docket………..……………. 8 �The Opinion The Opinion GAO Report: Textbook Prices on Rise October 2005 Volume XXXXIV, Issue #2 Editors: Michael Mann, ‘06 Jenny Mills, ‘06 Caroline Brancatella, ‘07 Staff Writers: Jessica Keltz, ‘06 Rick Johnson, ‘07 Lisa Ball, ‘08 Josh Dubs, ‘08 Shannon Elwell, ‘08 Mahreen Gillani, ‘08 Peter Parry, ‘08 The Opinion, 101 John Lord O’Brian Hall, Buffalo, NY 14260, is published by law students for law students. The Opinion is the nonprofit official student newspaper of the University at Buffalo Law School, State University of New York. Any reproduction of materials herein is not allowed without the express consent of the Editor-in-Chief and the piece writer. The Opinion welcomes your comments. Address your letters or guest columns to the Opinion Desk at UB.Opinion@gmail.com. All letters and guest columns must be signed. Include your full name, year, and email. Please limit letters to 300 words. Please limit guest columns to between 600 and 800 words. Submission of a letter or guest column constitutes an exclusive, worldwide, transferable license to The Opinion of the copyright in the material in any media. The Opinion retains the right to edit submissions for content and length. The Opinion does not endorse any of the viewpoints and opinions stated within its pages. Articles and pictures provided by Lawcrossing.com are for the express use of The Opinion and The Opinion claims no copyright privileges to the articles, work and photographs used in the following pages. For questions, please contact the Editor-in-Chief. A bout a month ago, while most students were still on summer break, the Government Accountability Office (GAO) released a new report on the rising price of college textbooks. The GAO, Congress's research arm compiled the report at the request of Congressman David Wu (D-OR). The report reinforces what students already know: textbook costs are skyrocketing, publishers are using practices including textbook bundling to drive up costs for students. Textbook prices have risen at twice the rate of annual inflation over the last two decades, an average of 6 percent each year since 1987-1988, compared with overall price increases of 3 percent per year. The report further found that textbooks and supplies are a significant cost for students and GAO found the cost of textbooks and supplies as a percentage of tuition and fees is 26 percent for a fulltime student attending a 4-year public institution, 72 percent for a fulltime student attending a 2-year public institution and 8 percent at a 4-year private institution. Lastly, the GAO found the practice of "bundling" CD-ROMS and workbooks to textbooks to be a significant factor in why textbook prices have increased so dramatically. The report also cites a pro- liferation of new editions as another factor in textbook price increases. Fortunately, there are simple things students can do to save money on their textbooks now, and at the same time, push for changes within the textbook publishing industry. Some advocates suggest that students should not fall prey to the textbook publishers and should do what they are best at: shop around, be creative about where they get their books. Here are some ways students can save money and change the textbook industry: •Use an online bookswap that allows students to buy and sell used books directly from each other. The Student Bar Association teamed up with the undergraduate Student Association last year to provide students with a bookswap at UB. •Ask your professors for the previous edition's syllabus. All too often publishers put out new editions without making substantive changes to the content. Every time a publisher produces a new, more expensive edition that has new page numbers, the professor has to create a new syllabus. Ask your professors if the previous edition was mostly the same. If so, ask if you can have a copy of the old syllabus. Then find a used copy online or from other students who took the class. •Ask Professors to Order Textbooks Early. If the campus bookstore knows before the end of the quarter/semester that the professor is going to use the same book the next quarter/semester, the bookstore will pay more for used copies because they know they will be able to resell them. Encourage all of your professors to use the same book for as long as possible and submit their textbook orders to the bookstore before the end of the quarter/semester so students can sell their used books for more money. Tulane Students Adjusting to UB life Want to write for The Opinion? been directly underwater, the peripheral damage can still make an apartment a total loss. turned out to be less damaging than preOne thing that has been less challengdicted, Johnson and many of her classing for Johnson is finding a place to attend mates assumed that Katrina would be the law school for the semester. “It was so same situation -- a few days off from convenient. There is a law school fifteen classes and the inconvenience of finding minutes from my parents’ house.” some place to stay. “I e-mailed Dean Saran Friday night Johnson feels that the weekend timing and had an answer back by Saturday mornof Katrina affected the speed with which ing. I arrived in Buffalo and registered for people reacted to it. “On classes all on the Tuesday the semester Friday night I was with friends. No one started.” was really watching TV or checking That does not online. I wasn’t wormean that Johnson was ried because normally eager to leave the Cresmy mom’s on top of cent City. “I didn’t want this stuff and calling to to leave, because I felt tell me. Then suddenly that once I left I couldit was ‘you need to n’t do anything to help.” leave now.’” She says that She emphasizes many students went to how slow the evacuaschools in places where tion process can actuthey had connections. ally be -- trying to More than 100 went to pack up an apartment, Louisiana State Univerwaiting to get gas, the sity and much of the volume of traffic leavfaculty and the entire ing the city. “I just staff of the law review packed a weekend Courtesy: Lawcrossing.com re-located to the Unibag,” she says. “I litversity of Texas Law erally came here with School. a couple of pairs of shorts and flip flops.” Tulane is planning a normal spring Eventually Johnson traveled to Austin, semester, as well as a summer session for TX, and flew home to Buffalo. What has those students who decided to pursue other become of the belongings in her second paths during the fall to continue law school floor apartment, she is not sure. Although on schedule. One concern for all students she has been told that 7 ½ feet of water is recruitment and summer positions -filled her neighborhood, the satellite pictures she has looked at online do not show interview selections were abandoned in the that much damage -- at least on the surface. wake of the disaster and while Tulane is offering help, many students are left in a “The mold grows so fast you would job search free for all. never believe it,” she says. And the mold, In the meantime Johnson is planning like so many other things in the city, smells to return to Tulane in January and would -- a putrid scent that may never leave like to travel there to assess the damage couches and linens. “after hurricane season is over.” Then there are the refrigerators left Until then she says, “My main concern full of food. “Some people have found is when I go back in January where am I maggots three feet deep,” she says. In going to live.” short, even though an area may not have CONTINUED FROM PAGE 1 Submit your Opinion! UB.Opinion@gmail.com SBA President’s Corner The recent class directors election produced a competitive, yet positive, Another month has passed, and the demonstration of student government. I UB Law academic year is well underwish to congratulate and thank all those way. The foliage has begun to turn, who ran for office. I look forward to and the pace of activity around the law working with all the new directors. The school has quickened. Over the course student government has many issues that of the last month many stand before it; and with exciting events have the leadership of the newly taken place at UB Law. elected officers the potenThe season of moot court tial for improvement of our competition, trial team community is boundless. activity, and journal This academic year promwork is upon us. Addiises to be an exciting and tionally, student group fruitful one. activity has risen to a Additionally, I would like new level, the student to welcome Michelle groups here at UB Law Schwach of Loyola, Sara are working hard to bring Johnson of Tulane, and forth meaningful and Clarissa Zadar of Tulane. Ryan Crawford, ‘06 exciting programming. Michelle, Sara, and SBA President Attendance for student Clarissa were displaced by group and Student Bar Association Hurricane Katrina and they are now atevents has risen significantly, repretending UB Law. The UB Law commusenting a strong and active student nity is fortunate to have Michelle, Sara, body. and Clarissa among us. From an extremely significant and Please remember that the SBA is a educational event like the Jewish Law student government organization dediStudents Association’s program cated to serving the UB Law community. “Justice at Dachau,” to a simple recrea- We are here to help all law students enjoy tional cruise down the Niagara River, their law school experience to the fullest, UB Law students are always interested please stop by the SBA office or email me in being active and involved. UB Law directly with any thoughts, questions or students recently demonstrated their concerns. compassion and generosity by raising Sincerely, over $1,600 for the victims of Hurricane Katrina. UB Law is truly an envi- Ryan Crawford ronment inspired by leadership through Student Bar Association President Rpc8@buffalo.edu service. Dear UB Law Community: 2 �The Opinion October 2005 Beecher to Receive Jaeckle Award C ommunity leader Thomas R. Beecher, Jr., ‘59 will receive the 2005 Edwin F. Jaeckle Award from the Law School and the UB Law Alumni Association at a luncheon to be held Oct. 22 in the Hyatt Regency Buffalo. The award, for UB Law alumnus Edwin F. Jaeckle, Class of 1915, is the highest honor the UB Law School and the Law Alumni Association can bestow. It is given annually to an individual who has distinguished herself or himself and has made significant contributions to the UB Law School and to the legal profession. Prior Jaeckle Award winners include Hon. Charles S. Desmond, Frank G. Raichle, Jr., M. Robert Koren, Manly Fleischmann, Hon. M. Dolores Denman and UB President William R. Greiner. The luncheon and award presentation at 12:30 p.m. will follow the morninglong UB Law Alumni Convocation, an annual continuing legal educational program beginning at 8:30 a.m. The convocation’s focus this year is “Emerging Developments, Changes and Updates in Bankruptcy Law, Jury Trial Innovations and Aging and the Law.” The full morning program is approved for 3 CLE credits in ethics and professional practice. Nils Olsen, law school dean and professor, praised Beecher, noting that “Tom’s service to the community and the university has been exemplary. Few have devoted as much time and effort to improving the lives of others through his many leadership roles over the course of his long and distinguished career. His guidance to the UB Law School through his membership on the Dean’s Advisory Council has helped us enormously. He is an exceptionally worthy recipient of the Jaeckle Award.” Beecher is a partner in the Buffalo law firm Phillips Lytle, where he concentrates his practice on estates and trusts, corporate governance, closely held companies, foundations and not-for-profit entities. But it is his involvement in myriad business and charitable initiatives that has left the most lasting impression on Western New York. Beecher is chair of the Buffalo Niagara Medical Campus (BNMC), a nonprofit corporation founded to cultivate a world- Beecher, ‘59 class medical campus in downtown Buffalo. Under Beecher’s leadership, and in partnership with its member institutions, local government, and the surrounding neighborhoods, the BNMC is implementing a comprehensive master plan for development of its 100-acre campus. This area includes the three new buildings of the Buffalo Life Sciences Complex as well as the region’s premier clinical, research and academic institutions. In addition to improving the physical infrastructure, the BNMC supports scientific recruitment efforts of its member institu- tions, while fostering entrepreneurial opportunities. Additionally, the medical campus has partnered with the neighborhoods in obtaining national foundation support for infrastructure improvement initiatives and other efforts to support development and growth. As board chairman of Buffalo General Hospital from 1991-94, Beecher helped lay the groundwork for the hospital’s merger with two other hospitals into the Kaleida Health System. He chaired that system’s board in 1999 and 2000. He co-founded BISON, the Buffalo Inner-City Scholarship Opportunity Network, which funds scholarships for lowincome students seeking private secondary education. He served on the boards of directors of Canisius College and the Buffalo Philharmonic Orchestra. He is a trustee of the Messer and LeBrun foundations and is on the advisory board of the Children’s Educational Opportunity Foundation. In all, Beecher has served on the boards of a dozen companies, four foundations and more than 30 community organizations. He uses his nickname, “Trustee Tom,” as his e-mail address. The grandson of Irish immigrants who built a thriving textile business, Beecher also runs Ballynoe, Inc., which funds scholarships and educational travel for his large extended family. He also serves on the Dean’s Advisory Council and is a member of the Law School’s Class of 1959. The first part of the convocation will focus on the new Bankruptcy Abuse Prevention and Consumer Protection Act. The second part of the program will focus on new developments and recent trends in the use of jurors, including permitting jurors to ask questions and innovations to jury instructions. The convocation’s final presentation will focus on aging and the law, with discussions on Smith Receives “Promise Prize” S econd year law student Mark Smith was awarded the $5,000 “Promise Prize” at a gala hosted by the Minority Bar Association of Western New York Thursday September 29 at the Statler Golden Ballroom. The Marie Nesbitt Promise Prize award is bestowed annually on a student of African descent who has demonstrated exceptional academic achievement and professional promise during the first year of law school at the University at Buffalo. Vikki L. Pryor, president and CEO of SBLI USA Mutual Life Insurance Company, Inc. and a UB Law graduate awarded the prize. Pryor created the award in 2002 in memory of her grandmother, Marie Nesbitt, who was a great granddaughter of slaves and whose formal education stopped at the third grade, however; because of her belief that Nesbitt was a woman of strong opinions, deeply held principles and an inspiration to others Pryor named the education award in her honor. “My grandmother faced many difficulties in her life, but she stayed positive and inspired me and all those around her,” said Ms. Pryor in an issued state- ‘thank you’ for all that we have been so lucky to receive in our own lives. The award will also help develop a network of young leaders dedicated to achieving their full potential and who will strive to give back to their communities.” “I am ecstatic, and very surprised,” said Mr. Smith, about receiving the award. “I feel good about my grades, and am confident about being an attorney, but receiving an award like this does a lot for one’s confidence Left to Right: SBLI USA Mutual Life Insurabout the ability to succeed in the ance Company, Inc. President & CEO Vikki legal world. I hope that receiving L. Pryor with Mark Smith and Lenora B. this award will give me the opporFoote, Assistant Corporation Counsel for tunity to give back ten fold to the the City of Buffalo. Created in memory of community and to the University at Ms. Pryor’s grandmother, the $5,000 “Promise Prize” award is bestowed annually Buffalo,” he added. While at UB, Pryor was one of on a student of African descent who has the early members of the BLSA demonstrated exceptional academic achievement and professional promise dur- (Black Law Students Association). She serves on the Dean’s Advisory ing the first year of law school. Council at the law school, and was honored with its 2002 Distinguished ment. Alumna Award for exemplary perform“As alumni, parents, professors and mentors we now have the chance to give ance in business. A native of Corning, NY, Smith is a back to our schools, communities and the graduate of Alfred University. young people of today as a way of saying 3 Institute Launches “State of the Region” Website U B’s Institute for Local Governance and Regional Growth has launched a new Web site for its “State of the Region” project that will incorporate updates on the project’s performance indicators and data as they become available. Guided by the motto, “you can’t manage what you can’t measure,” the “State of the Region,” founded by the institute in 1998, monitors the Buffalo Niagara region’s performance in key areas through more than 100 outcomesbased indicators across 11 major topic areas. The Web site, at http:// www.regional-institute.buffalo.edu/sotr, features a more dynamic format, enhanced tools for accessing and sorting data and user-friendly navigation options, including the organization of data by topic areas. “The ‘State of the Region’ project has always been about providing Buffalo Niagara with critical, reliable data on important regional issues, and doing so in a timely manner. The new and enhanced Web site simply meets this goal more effectively, more efficiently and more often,” said Institute Director John B. Sheffer, II, who will step down as institute director on Sept. 1. One key advantage of the new format is the release of the project’s performance indicators and data as they are available. Prior to this transition, the project was based on a periodic report schedule, with three reports released since 1999, including the baseline report and progress reports in 2000 and 2002. “An enhanced online presence is a natural progression for the project,” added Kathryn A. Foster, associate professor of urban and regional planning in the UB School of Architecture and Planning. “The new format taps the flexibility and real-time nature of the Web to better track regional performance.” Foster, who will assume the position of institute director on Sept. 1, oversaw the project as the institute’s director of research from 1999 to 2002. The Institute began expanding the project’s Web presence in February 2005 by posting 22 indicator updates online. Along with the unveiling of the new Web site, the “State of the Region” is releasing five additional indicator updates across four topic areas: * Environment – 2.1 Air Quality Ozone levels in the region are slightly higher than the new, more stringent national standard; Western NY’s air particulate pollution declined and remains below statewide and national averages. * Environ. – 2.11 Child Lead Exposure Lead screening of children under 2 has not changed materially; all Western New York counties registered decreases in the proportion of children with elevated lead levels and lead poisoning. * Gov’t – 3.8 Property Revaluation Nearly 2/3 of Western NY municipalities completed reassessment projects within the past three years; roughly half of all cities conducted reassessments in 2005. * Health – 6.7 Smoking Prevalence The percentage of adult smokers in Western NY dropped slightly, but remains higher than statewide and national rates; counter to national trends, tobacco use among Erie County 9th graders dropped and is below the national rate. * Human Serv. – 8.3 Quality Child Care Western NY registered modest gains in its number of licensed or registered child care providers and accredited child care programs; the region still faces shortage of quality facilities and programs. �The Opinion October 2005 Opinions and Commentary Reflections on Law School by a Third Year By Jenny Mills, ‘06 N ow “enjoying” our third year of law school, some friends and I were talking about the differences we have noticed as we have progressed from lowly 1L’s to (slightly less lowly) 3L’s. FIRST YEAR Orientation: God, I’m lumped in this stupid section with a bunch of weirdos that I have to spend ALL of my time with. That one looks cute, is he single? Who are these people? Why are they here? Why am I here? Do I really need to wear a suit to picture day? Is it too late to drop out, go to library school or get a McJob somewhere far, far away? Fall semester: I love my section, I hate my classes. God I hope I don’t get called on in Civ Pro today. Who the hell came up with Socratic method anyway? Sick twisted bastard. Is there a bar night tonight? Party at Creekside/Flint? Is this CSO meeting mandatory? If I stay up all night can I maybe get this memo done? Why do I have a final 3 days before Christmas? Does anyone have an outline for Con Law? Is ethics class optional? Why does this feel like I’m back in high school? Spring semester: Oh my god! I need a job. I need to get on law review. I need to get on Jessup. I need to do my appellate brief. What the hell is a contract? Where did my life go? I hate school, I hate Buffalo, I hate people. I hate everything! Who is this lunatic and why have they let him lose upon students? What is a chicken? Is this etiquette thing mandatory? Will “refreshments” be served? Why won’t my mentor return my calls? Why does the person next to me always raise his hand and say something stupid? Wait? I raise my hand … Do people think I’m stupid? Oh my god! I’m one of those stupid-annoying people! But, wait … What I have to say is always interesting and important? Right? Right?! I’ll trade you these two Property outlines for your Torts one. Would it be too over the top to burn my appellate brief at the Decompression party? SECOND YEAR Fall semester: Yeah. This again. Right. Whatever. Saw a couple cute 1Ls in the law library. Maybe I will offer them some outlines. At least classes are better now, more interesting anyway. The workload isn’t bad either. I need a job. I need a BPILP Fellowship. Where is everyone I know? I miss my section. We never see each other anymore except for in the law lib or if we start slumming it up and going to bar nights. Speaking of which, is there a bar night tonight? Please don’t be at Soho. Wanna get some lunch? Yeah, I’ve got class too but we can just sit in the back and eat it there. Spring semester: Oh yeah. Walk in the park. Three credits from bridge term and I’ve got it nice and easy. I heard Class X is an easy “A.” Nice! But wait! I said that last semester and by finals time I was nearly crying myself to sleep every night with fear of failure and stress from too much damn work to do. Hey – I’ve got a job now. I’m set. Not a care in the world. Are you going to class tonight? I haven’t been in a month. We do anything interesting in there? Can I have your notes? I’ve got a sweet Tax outline I’ll give you. Ummm... who set the school on fire? THIRD YEAR Fall semester: Why? Why, why, why am I forced to slog through another year of this madness? Can’t we do a residency program like the med school losers? I hate school. I liked being out in the real world, knowing things, doing things. Who are all these little 1L’s? Why do they congregate around my locker? Why does the school smell like asbestos? Why can’t I find a job? Why have I suddenly realized that International Law is a joke and that because of that sad, sorry fact, I’ll never be able to accomplish what I want to? Have you signed up for the MPRE yet? Did you hear X got an offer in NYC? How come I still don’t know what a contract is? Can I really hold down two legal jobs, go to school, submit resumes and still sleep? Did you see those new tables in the “food court?” Can you really call a cubicle with some mailboxes, vending machines, and a smelly microwave a food court? Have you found a job yet? Why haven’t I signed up for Bar/Bri? If I don’t find a job and run off and join the Peace Corps, will my loans be deferred? Why do I always feel like I’m drowning? Why haven’t I been to class in weeks? God, we’ve only been back one month. �5�&�!): Judicial Activism on Both Sides By Rick Johnson, ‘07 S o-called “judicial activism” is often opposed by political conservatives. However, conservatives seem to be developing a judicial activism of their own. According to the Federalist Society, when George W. Bush announced his first nominations for the federal bench, he declared, “Every judge I appoint will be a person who clearly understands the role of a judge is to interpret the law, not to legislate from the bench.” To quote James Madison, the “court exists to execute not the will of men, but the judgment of law.” Supreme Court Justices Scalia, and Thomas have been accused by many of “conservative judicial activism.” The Federalist Society says that many critics trace back the alleged activism to the 1995 Lopez v. United States decision. Some accuse conservatives of legislating from the bench by ruling to overturn decades of precedent in areas such as healthcare, disability law, environmental protection, and welfare. One of the most recent examples of possible judicial activism was the Terry Schiavo case. Many conservatives advocated replacing her feeding tube in order to save Terry Schiavo’s life. According to The New York Times “Legal scholars said it would be highly unusual for the Atlanta appeals court to order the feeding tube reinserted based on its analysis of Judge Whittemore’s ruling. But the Schiavo case has surprises at every turn. Lars Noah, a professor of law at the University of Florida, said much depended on the politics of the judges randomly selected to serve on the panel in the Schiavo case. The court did not release the panelists’ identities, saying it would wait until after they ruled. If the panel includes two or three Republican judges, stick to President’s Bush’s idea of the role of a federal judge, some show that they are not entirely opposed to judicial activism. According to Simon Lazarus’ article ‘’this gets reversed in a heartbeat,’’ Professor Noah said. However, six of the ten judges of the 11th Circuit Court who refused to reverse Judge Whittemore’s decision were appointed by Republicans. Furthermore, the Supreme Court, which is also made up of a majority of Republicans, refused to hear the parent’s petition. Although most conservatives may “Don’t Be Fooled, They’re Activists Too” the constitutional theory of federalism, has attracted the right wing and it is especially influential among Supreme Court Justices Scalia and Thomas. As Justice Antonio Scalia once wrote, “I am not a strict constructionalist and no one ought to be.” Lazarus also notes that if their theory of federalism was employed it would startle liberals, centrists and a good many conser- 4 vatives as well. Although many would say that conservative justices have exercised restraint the question remains whether federal courts shouls, as Scalia remarked, not necessarily lie over in a strict constructionist point of view? There have been a few important exceptions throughout history such as Roe v. Wade or Brown v. Board of Education when the court did more than strictly interpret the law. Yet, cases like Dred Scott v. Sanford, Plessy v. Ferguson and Korematsu v. United States are those where activism could have been useful. As Martin Luther King once stated, “there are some laws of the state that are out of harmony with the moral laws of the universe.” Perhaps, as Scalia has pointed out, the theory of strict construction should not be a fixed rule. Michael Brennan has stated in “More than Whose Axe is Being Gored?” that “The Rehnquist Court has not and correct right wing Bush nominee’s will not engage in what is called right-wing Brennanism.” Yet many people have categorized Morrison v. United States, interpreting the commerce clause; and Trustees of Univ. of Alabama v. Garrett, which interprets state sovereign immunity; as examples of recent conservative judicial activism. Some also believe the notions of conservative judicial activism or liberal judicial activism should be rejected but also assert that the court should not necessarily, as a universal rule, fall in line with judicial restraint. �The Opinion October 2005 Court’s Fall Term Preview Cellino & Barnes No More? High By Peter Parry, ‘08 Y ou may not know your Balconi in setting up a company, called grandmother’s phone numGTR. Balconi invested some of his own ber, but if you have lived in money in the company, but Cellino & Western N.Y. long enough Barnes’ mortgage company invested you can probably recite the phone numnearly $250,000. ber of the firm formerly known as CelBalconi would then loan money to lino & Barnes. Cellino & Barnes clients -- based on tips Long known in the about which of the firm’s Buffalo area for their ubiqcases looked like good bets -uitous advertisements via at 19 to 24 percent interest. billboards, television and Cellino and Barnes were not radio segments, Cellino & owners of the company, but Barnes made headlines last they still made approximately June when the Appellate 15 percent on the advances. Division of State Supreme As a result of such Court served Ross M. Celactions the Barnes was cenlino’s with a six-month sured and Cellino suspended suspension and Stephen E. from the bar for six months, Barnes Barnes with censure for adhis additional punishment the vancing money to clients. result of filing a false retainer agreement Attorneys who specialize in perin a 1997 case. sonal injury cases are ofThe court said Cellino was ten faced with individuals guilty of “engaging in illewho are unable to work, gal conduct that adversely preventing them from reflects on his honesty, paying high medical bills trustworthiness or fitness as or supporting a family, a lawyer” and also of making the potential “engaging in conduct inmoney from a lawsuit volving dishonesty, fraud, much needed income. deceit or misrepresentaAlthough it may seem like tion.” an act of kindness, lawThe decision has put attoryers cannot advance funds ney ethics in the local limeto clients because it gives them light, if only because the lawCellino a financial interest in the outyers at the center of the case come of the case. have worked so hard to make their But advancing money to injured names and faces visible. parties who have a good chance of comBarbara Sherk, who is an attorney ing into a large financial settlement is and coordinator of UB Law’s ethics pronot always motivated by altruism -- it is gram, says that the decision reminds new also an extremely lucrative business attorneys to “know the rules.” proposition if the interest rates are high “People need to know that if there is enough. The practice is commonly a possible ethical dilemma in their pracknown as “non-recourse legal funding” tice they should contact the local bar and it can be risky business since if cliassociation or state bar association for an ent loses his suit, he does not have to pay ethics opinion,” Sherk says. the money back. “The rules are there to protect the Cellino testified that to finance adpublic,” she continues. “We are a self vances to clients his firm used a mortregulating profession and we have a regage company purchased from the estate sponsibility to the public, the court has of a Buffalo attorney and gave $21,200 to look at that when they make their deto eight clients, at interest rates of 19 to cisions -- how does the profession keep 24 percent, from March until June of the public’s trust?” 1994. However, after the N.Y. State Bar While all first year students are Association’s Committee on Profesrequired to take the first semester ethics sional Ethics issued an opinion that course, no further ethics classes are rebarred lawyers from owning companies quired. But Sherk emphasizes that not that advanced money to their own cliknowing the rules is never an excuse and ents, the attorneys ceased using the com- reminds students that when they begin to pany for loans. practice law there are a number of semiWhile technically ceasing an ethinars and CLE programs that focus on cally disfavored practice, the firm still ethics. Additionally, this spring semeskept loaning profits in the family. ter UB will offer an upper level ethics Cellino assisted his cousin, John class. F all is once again upon us, and it is time for another SCOTUS term. With a few new faces on the bench the Court will be closely watched as it tackles some contentious issues. The highest court in the land will review 48 cases – including those that involve 4th Amendment issues, controlled substances, physicianassisted suicide, abortion, campaign-finance reform, and more. One case likely to be controversial is Gonzales v. Oregon. In 1994, Oregon approved a ballot initiative known as the Death with Dignity Act, which allowed physicians to prescribe lethal substances to assist in the death of terminally ill patients. In 2001 however, former Attorney General John Ashcroft and the federal government stepped in and claimed physicianassisted suicide was a violation of the Controlled Substances Act [CSA] of 1970. Ashcroft argued that dispensing controlled substances in order to assist in suicide was not a legitimate medical purpose, and threatened that any physician who did so would have their registration to distribute controlled substances revoked or be criminally prosecuted for violating federal law. The 9th Circuit held that Ashcroft’s directive was invalid, writing that, “physician-assisted suicide is not a form of ‘drug abuse’ that Congress intended the CSA to cover.” Another drug-related case, Gonzales v. O Centro Espirita Beneficiente Uniao Do Vegetal relates to the arrest of a New Mexico man for possessing 30 gallons of tea, but not the type served with crumpets. This tea contained DMT, a powerful hallucinogenic, and was used in religious services for the Brazilbased group O Centro Espirita Beneficiente Uniao Do Vegetal. The issue is whether the arrest violated the First Amendment and the Religious Freedom Restoration Act of 1993. In Rumsfeld v. Forum for Academic & Institutional Rights, the Court will decide whether the Solomon Amendment, a federal law which withholds federal funds from institutions of higher education that deny military recruiters access to campus, violates the First Amendment. Due to the military’s “Don’t Ask, Don’t Tell” policy regarding homosexual service members, the on-campus recruiters could not abide by the nondiscrimination policy of the American Association of Law Schools. The Forum for Academic & Institutional Rights claims the schools are being strong-armed into allowing recruiters on campus, and thus forced to espouse the views of the military on homosexuality, which violates their right to free speech. The 3d Circuit agreed. In dissent, Judge Aldisert, wrote that the school’s First Amendment rights are not being violated because they are free to voice their opposition to the military’s policies in other forums without losing funding. The Supreme Court will tell us whether he is right. Abortion cases are always a good way to bring out the angry mobs and creative home-made signs, and this SCOTUS term has two abortion-related cases on the docket. Ayotte v. Planned Parenthood of Northern New England stems from New Hampshire’s parental notification law, which requires that a minor’s parents receive written notification at least 48 hours before an abortion is performed. Scheidler & Operation Rescue v. National Organization for Women, Inc. concerns an injunction against antiabortion protests that cross legal lines. On the 4th Amendment front, there are a few interesting cases on the docket. In Georgia v. Randolph the Court will ponder this question: Can police search a home when a co-habitant consents and the other co-habitant is present and does not consent? In previous cases, the Supreme Court has held that searches based on a cohabitant’s consent are fine, but it is unclear whether this holds true when the other resident is present and objects. Hudson v. Michigan is a case brought by the ACLU of Michigan involving “knock and announce” searches and the exclusionary rule. It raises the question of whether courts should suppress evidence seized by the police when they unlawfully enter a home without first knocking and announcing their presence. The Court recently granted certiorari on two campaign finance cases. In Vermont Republican State Committee v. Sorrell, the Court will review the constitutionality of Vermont’s spending limits for legislative races. Wisconsin Right to Life v. FEC involves a challenge to federal restrictions on corporation spending on ads close to Election Day. The case on the docket that will no doubt receive the most attention and yet deserve it the least will be Marshall v. Marshall, when it will be finally decided whether Anna Nicole Smith’s gold digging expedition (her marriage to the late oil tycoon J. Howard Marshall) was successful. Did you Celebrate our Constitution on September 17th? By Josh Dubs, ‘08 T ucked away in an appropriations bill signed into law by President George W. Bush last year was a provision requiring the celebration of Constitution Day. All schools receiving any federal funding are now required to provide some sort of educational training or lecture on the document outlining our highest law: the United States Constitution. The provision, sponsored by Senator Robert Byrd (D-WV), requires that “[e] ach educational institution that receives federal funds for a fiscal year shall hold an educational program on the United States Constitution on September 17 of such year for the students served by the educational institution.” Senator Byrd, who carries a pocket copy of the Constitution with him on the Senate floor, says it is more than just knowing about the words of the Constitution. “It seems obvious that a great republic cannot sustain itself unless its citizens participate in their own government,” Byrd told a training session held by the U.S. Office of Personnel Management. “But how can they participate meaningfully if they don’t know the fundamental principles on which their government is founded? How can they protect and defend their individual liberties if they don’t know what they are, or how they are protected by the law of their land?” Ceremonies were held all over the country on September 17th or the preced- 5 ing Friday, ranging from lectures to presentations, to recitations of the preamble, to creations of model Constitutions. Students of all different grade levels were required to learn about the law of the land. The University at Buffalo, a public university which does receive federal funding, held a lecture led by Professor Timothy Boyd of the Classics Department. The first 1000 people to arrive at the home opening football game against Rutgers University received pocket copies of the Constitution, and then recited the Preamble before the singing of the National Anthem. Professor Lee Albert, one of UB Law’s Constitutional scholars, agrees on the importance of the event. “In a time when traditional freedoms and liberties are under enormous challenge and stress, it is highly significant for us to pay homage to the Constitution and its traditions. That is even more true when the membership of the U.S. Supreme Court is undergoing changes.” However, Albert believes more should be done, “Constitution Day should be a more important and prominent celebration than it appears to be.” Ironically, Constitution Day falls this year near the confirmation of its next interpreter, John Roberts. Confirmed as the 17th Chief Justice of the U.S. Supreme Court on September 29th, Roberts will play an extremely important role in Constitutional Law for many years. With Roberts’ confirmation finished, the Congress will turn its attention to the Miers hearings, to replace retiring Justice Sandra Day O’Connor. �The Opinion October 2005 Reciprocity Laws Among the States By Nikki LaCrosse W hen law students are choosing what areas of the law they want to practice, two questions they must seriously consider are how and where they will practice. Unlike lawyers of the early 20th century, counselors today often find themselves practicing across state, or even country, borders. However, what qualifies for a legal license in Wisconsin is not necessarily the same in California. Figuring out where a law degree can be used is a complex process. When one bar admits a lawyer based mainly on his/her membership in another bar, it is called reciprocity or “admission on motion.” It is not a standardized process. While the American Bar Association (ABA) promotes guidelines it believes each jurisdiction should follow in accepting outside lawyers, each state is free to accept or disregard those suggestions and make its own rules. Of the 50 states and 5 territories listed on the chart “Reciprocity, Comity & Attorneys Exam” in the ABA’s Comprehensive Guide to Bar Admission Requirements, 2005, 23 participate in some sort of reciprocity. Nineteen jurisdictions require that attorneys take their individual bar exams before being allowed admission to the bar, while 18 do not. Some states will allow attorneys to take the Attorneys Exam, which is only the written part of the bar exam, and still others require passing scores on specific standardized exams. While many states do participate in reciprocity, most still require that the applying lawyer have some experience in practicing law. Requirements range from one year of work as a licensed counselor up to seven years of experience before an applicant can apply to the bar. All jurisdictions that participate in reciprocity require that incoming lawyers be in good standing with their current bar associations. There are also a series of standardized tests offered by the National Conference of Bar Examiners (NCBE) that are often components of an application to a state bar. The Multistate Bar Exam (MBE), Multistate Essay Exam (MEE), Multistate Professional Responsibility Exam (MPRE), and the Multistate Per- formance Test (MPT) are the most commonly used tests for bar entrance, and some states require an applicant to pass one, or more, of these exams despite, or in lieu of, having reciprocity from his/her home state. The MBE and MPRE are the most common exams used, with only three or four jurisdictions opting to use other exams. A handful of jurisdictions offer reciprocity only to other, specific jurisdictions. For example, Idaho offers reciprocity to lawyers licensed in Oregon, Washington, Utah, and Wyoming only, while Maine limits reciprocity to attorneys from New Hampshire and Vermont. A complete chart of states participating in reciprocity can be found on the ABA’s website at http://www.abanet.org/legaled/ publications/compguide2005/chart9.pdf One way that lawyers can avoid joining the bar in another state is to receive a designation of pro hac vice, which is when a lawyer not licensed in a state is allowed to practice law there, usually for a specific case or client. Again, the requirements for the waiver differ greatly from state to state, but they normally require that the lawyer have several years of recent experience in the state where he/she is licensed. Registration with the courts is required, as is a fee to cover the subsequent investigation into the personal character, legal standing, and educational background of the applicant. A signed declaration to follow the laws of that state is also standard. Some states require that a licensed member of the bar act as co-counsel, while others only require the name of a local attorney who can provide assistance to the visiting lawyer. While appearing pro hac vice is significantly less rigorous than passing the bar; nevertheless, it is an involved process. Corporate attorneys may also be able to avoid the maze of reciprocity regulations provided that their practices are limited to work directly concerning their employers and that they do not have any other clients. The term “in-house” may be applied to these corporate attorneys. Again, each state has its own rules and regulations regarding the practice of law under these conditions, but they tend to be less rigorous than those for reciprocity. According to Becky Sutton of the Indiana Board of Law Examiners, who coordinates all the applications for “foreign attorneys” seeking to practice law in Indiana, most lawyers “will do anything to avoid taking the bar exam.” Although there are many criteria for an Indiana law license, Sutton states, “I don’t think it is any more than they [lawyers] expect. Even if it is handled differently in other states, they would still have to go through a process.” In her state, even those counselors meeting all of the requirements to practice in Indiana must re-register their Foreign Licenses for five consecutive years before they will be issued a license. The state does have a Business Counsel License that has less-stringent requirements, but in-house lawyers cannot use their time in Indiana towards filling the five-year foreign-license requirement that leads to bar acceptance. Sutton warns, “They could practice [here] for 20 years, and they’ll still have to apply for a Foreign License.” In-house lawyers are plentiful enough in the U.S. that there are publications devoted just to them. Lawyers Weekly, Inc., publishes three regional versions of InHouse magazine across the country and reaches approximately 25,000 lawyers in 10,000 companies. In a column for New England In-House, Andrew D’Amico, General Counsel and Vice-President of Brookstone, Inc., notes, “The fact that a company lawyer is both the participant and an observer of the corporate activities supported makes this brand of lawyering unique.” He also comments, “This lawyer has to provide legal advice while assisting in the conduct of a business.” Law students or attorneys from other countries may also be admitted to U.S. bar associations in 33 of the 55 states and territories governed by the ABA. Each of those jurisdictions has specific requirements for foreign applicants to meet, some of which include training in English common law, additional education at an ABA-approved school, and admission to the bar of another U.S. bar association. – Lawcrossing.com For more information about the National Conference of Bar Examiners Log on to: www.ncbex.org White House Counsel Miers Nominated to High Court P resident Bush announced the nomination of White House Counsel Harriet Miers to Sandra Day O’Conner’s seat on the U.S. Supreme Court earlier this month. Miers lead the White House’s vetting process for both of President Bush’s high court appointments, but while she screened potential candidates, the President had other staffers screening Miers for the post. Many Washington insiders see Miers as an odd pick because she has never served on the bench. However, her supporters are quick to point out that the late Chief Justice also had never been a judge before his appointment. Nonetheless, many court watchers are at a loss as to what will occur during confirmation hearings -- slated for early November -- because she has never publicly opined. Her judicial philosophy is a blank slate in the eyes of both Democrats and Republicans, which is why she is being attacked on both the left and the right. After the announcement, some in Washington expressed shock and called her appointment a sign of weakness from a president hit hard in the press for recent controversies such as the handling of Katrina, Iraq, gas prices and the investigations of top advisor Karl Rove and Republican Majority Leaders Bill Frist (RTN) and Tom Delay (R-TX). Conservatives fear that Miers has not staked out a position on hot button issues such as abortion. Liberals are equally concerned. While noted Democratic leaders such as Harry Reid (D-NV) have expressed support for Miers, others have great unease about not only her beliefs, but her qualifications. Miers has had a long and distinguished professional career. Prior to her appointment to the Court, she served as White House Counsel. Before joining the President’s staff, she was Co-Managing Partner at Locke Liddell & Sapp, LLP., chair of the Texas Lottery Commission, the first woman president of the Texas State Bar, and the first female president of the Dallas Bar. She also served as a Member-At-Large on the Dallas City Council. Miers received a bachelor's in Math JD, both from Southern Methodist Univ. Chemistry 101 Meets “Who Wants To Be A Millionaire”? Clickers help improve attendance, give professors instant feedback A long with laptops and cell phones, more than 4,000 University at Buffalo students this fall will be packing a piece of gear into their backpacks that may make them feel like they’re on “Who Wants to Be a Millionaire?” Slender, handheld devices, sold as “Audience Response Systems” (but everyone calls them “clickers”) are making large-lecture-hall classes at UB less impersonal and more effective for students and professors alike. The clickers, which students use to answer questions posed by a professor during a lecture, help give the instructor instant feedback on whether the class is comprehending the topic at hand and whether he or she should make appropriate adjustments. They make classes more interactive and, some professors are finding, improve student attendance. “Students love them,” notes Troy Wood, Ph.D., chemistry professor in the UB College of Arts and Sciences, who saw attendance in his chemistry class last se- mester jump by 30 percent once he starting using clickers. “They said in their evaluations that they came to class more often because they knew we’d be using it,” he said. “And students in other sections said they were upset that they weren’t using it.” Wood says he was sold on using the clickers because he immediately saw the analogy with the TV game show, “Who Wants to Be a Millionaire?” where audience members use clickers if asked by players for assistance in answering questions. “In the show, sometimes the audience is really sure, but sometimes it’s evenly split,” says Wood. “When my students are split in how they’re answering my questions, then I have to step back and think about it. If fewer than half the students can answer the question correctly, then they’re not getting it.” 6 Wood’s pilot project with the clickers was funded by UB’s Educational Technology Center, part of the university’s library system, which, along with UB’s Instructional Technology Services of the Computing and Information Technology division, will make a recommendation on whether they should be used more widely on campus. To date, clickers are being used at UB in introductory courses in the departments of chemistry, biological sciences, physics, political science and psychology that typically have a large number of students. The clickers are packaged with the textbooks for a particular class and students are instructed to bring them to lectures. A wireless receiver installed in the classroom instantly records students’ responses to multiple-choice questions posed by their instructor and provides a summary of results to the professor indicating how many students responded cor- rectly or incorrectly. The sum of these responses also allows the instructor to determine how many students did not respond. “Now I’ve got instant feedback,” says Wood, “I know whether they’re grasping the material or not, and it gives the students an opportunity to interact in the classroom because they can answer questions related to the material.” Wood says he wanted to use the clickers because he’s always looking for ways to make the large lecture setting friendlier. The data that the clickers help provide are particularly helpful when Wood prepares exams. “I can go back and review what percentage of students got which concepts right,” he says. “The data correlate with a given lesson. So if I can see that they’ve got a particular concept mastered, I won’t ask a question about it on the exam. But if there’s evidence that they were struggling with something, I’m going to ask a question just like it.” — UB Newswire �The Opinion October 2005 Faculty Spotlight Tomkins spends her summer cycling for fun and a good cause By Jessica Keltz, ‘06 A sk Suzanne Tomkins what she did on her summer vacation, and she’ll have an interesting answer for you: She rode her bike across the country. A combination of factors made this the right year for Tomkins, clinical associate professor in the UB Law School, to make the trip from Washington State to Massachusetts. “I really enjoy long-distance cycling, and every year I usually do a trip for a week or two,” she said. “The idea of going cross-country really appealed to me. Both of my children are older now, so it seemed more the right time of life to do it.” In addition, Tomkins recently turned 50, and the trip seemed a good way to celebrate that milestone. As she explored the possibility of biking across the country, she found that the touring company CycleAmerica offers the option of riding for a charity. As president of the board of directors of the YWCA of Niagara County and the longtime director of the law school’s Family Violence Clinic, Tomkins found it easy to choose a beneficiary. Her ride raised thousands of dollars—she can’t say for sure how much because checks are still coming in—for Carolyn’s House, a new facility of the YWCA of Niagara County that provides transitional housing for homeless women and their children. “What made this project unique is that it involved so many of the different clinics at the law school,” Tomkins said. The Affordable Housing Clinic helped to secure low income housing tax credit funding for the project. The Community Economic Development Clinic helped it get its 24-hour, seven-days-a-week day care service off the ground. And this fall, the Family Violence Clinic will send a student there to help the women learn about their economic options. Professor Carolyn’s House gets its name from Carolyn Van Schaik, a community activist and attorney. The facility itself, located at 542 Sixth St. in Niagara Falls, used to serve as a residence for student nurses at Niagara University, and before that as a convent for nuns. Tomkins said it stood neglected for 10 years before its current incarnation. Faculty Profile: Professor Mutua By Mahreen Gillani, ‘08 I vard, you have to go.” f you are interested in international Arriving four weeks late to school law, chances are you have probably with $22 in his pocket, he found himself taken a course with Professor Makau Mutua. He not only teaches in Cambridge, MA. He remembers finda number of classes related to international ing a Resident Assistant who showed him into his room, and from there, he law, but he also initiated and directs the spent his time working as a security International Law Concentration and is director of the Human Rights Center at the guard at the law school from 12am to 7 am and, attending Law School. classes after. Everyone is shaped Admittedly, by events and experieven though Mutua ences in their life that always had a passion to changes them forever do human rights work; and Mutua is no excephe started his legal cation. As a child growing reer began at White & up in Kenya, Mutua reCase, a prestigious New calls that he couldn’t York law firm. stand to see people sufHe found that although fering from poverty, he he was receiving generdid not like to see religous paychecks, the ion used as a vehicle to work was unfulfilling oppress people and he and soon after left for a loathed to see women Professor Makau Mutua post as associate direcoppressed by men. tor Human Rights Program at Harvard He was educated at the University of and writing reports on human rights isNairobi and the University of Dar-essues. He also went on to serve as the Salaam. As a student activist in 1981, Director of the Africa Project at the Kenyan soldiers took Mutua into custody and tortured him for participating in a pro- Lawyers Committee for Human Rights. In 2002, he returned to Kenya and test for the government to open up its made recommendations to the new govdoors to other political parties in the government on how they should respond to ernment. At 19 years of age, he had to and deal with atrocities committed by escape Kenya and became a refugee in the past government. He serves as the Tanzania only to find out that Tanzania and Kenya had made a secret agreement to Chair of the Kenya Human Rights Comreturn refugees to each other. Once again, mission. Mutua believes that it is crucial for Mutua found himself a refugee and Tanzacountries to tell the truth, acknowledge nian troops were looking for him. and identify the perpetrators; this he said This time, however, he had bigger is the national catharsis that is necessary plans. This time he was going to Harvard for any country to be able to move on in Law School. Perhaps Mutua’s skill as a peace. lawyer could first be seen when he conPerhaps, Mutua’s greatest contribuvinced the Tanzanian Embassy to issue tion to the human rights field has been him a visa to study at Harvard, even though he lacked the finances. His winning his success in legitimizing dissent within argument was, “How can someone get into the field of human rights. Harvard and not go, if you get into HarCONTINUED ON PAGE 8 6 “When I left in June, it was still under construction,” she said. “When I first saw it that morning (in August) it was just amazing to me. It’s a beautiful facility.” The building includes different sized apartments, including studios for young women aging out of the foster-care system. “I think it will be a good atmosphere for them,” Tomkins says, citing the social services and job training that will be available on site. As it happened, Tomkins’ cycling group passed through Niagara Falls on the day of Carolyn’s House’s ribbon-cutting ceremony in August. “It was pure Tomkins serendipity,” she laughs. “I was able to route them by Carolyn’s House and a lot of them were able to tour the facility,” she said. After the tours, Tomkins stayed behind for the ceremony and caught up with her fellow riders farther down the road. All told, Tomkins rode 4,300 miles over the course of about two months, from June 18 to Aug. 20. She said she averaged 80 miles per day. The trip began in Seattle, then moved through Washington, Idaho, Montana, Wyoming, South Dakota, Wisconsin, Michigan, Ontario, New York, Vermont, New Hampshire and Maine before ending in Gloucester, Mass. Tomkins said the trip, though challenging, could be undertaken by anyone in good physical condition who had eight weeks to devote to the ride. She said the other riders came from “all walks of life,” and many were either teachers or retired. Some riders would travel for a week or two, while others went the entire way. At any given time, about 40 people were riding and the median age was about 55, she said. The touring company carried their gear and provided the route, meals and a place to camp each night. “They would try to route us on very rural, scenic roads,” Tomkins said. “We really went through some of the most beautiful parts of the country.” Tomkins said she enjoyed getting to know her fellow riders, as well as seeing the country. “Sharing those physical challenges, and spending so much time with people you didn’t even know before the tour—it forms a close bond,” she said. – UB Reporter On the UB Social Scene The Law School “Bar Night” By Lisa Ball, ‘08 W alking around the halls of O’Brian, I’ve heard many adjectives used to describe various 1L’s experiences during their first days of law school. Some people are scared, others excited, most are a bit of both, and a few more are still trying to figure out what exactly is going on. Meeting so many people with such diverse life experiences has been exciting, chaotic, nerve-racking, and mostly a lot of fun. However, I have found that no matter how different my own life is from those of my fellow students, there is that one thing, one special part of the week that we can look forward to with anticipation, excitement, and a bit of relief: a night out at the bar. Being thrown into law school with piles of paper to fill out, books that are heavy to carry, and information coming at you from a million directions, sometimes requires you take a break and come up for air. After all, there are only so many productive hours of work one can accomplish a day. Why not take one of those “less productive” hours and spend them doing something fun like hanging out with your friends over a nice cocktail? And what better place to do this than at a bar night where you can not only hang out with some of the new friends you’ve made, but meet some students who have already been through what you’re experiencing? The first bar night hosted by the SBA took place at 67West, at the corner of West Chippewa and Franklin Streets in Buffalo, where UB law students old and new packed the bar to the brim. It was so nice to be able to meet new people and hear about their stories from first year. It was also genuinely encouraging to see how many people had gone through the same things my new friends and I were experiencing, and had emerged seemingly unscathed. The fact that most students readily offered up their help and encouragement was also a huge relief. Cheap beer and good music added to the atmosphere, in which new friends were made, and good times were had. The next bar night at Mister Goodbar, at Elmwood and Forrest in Buffalo was also a resounding success in the opinion of many 1Ls. Kara Addelman ‘08 enthusiastically praised the night saying, “it is so nice to be able to take a break from a long week, and just relax and meet new people.” Mary Stermole ‘08 also thought the event “created a great atmosphere to talk with other students, and to meet people outside of class.” In light of the great time had by most students at the events, I would really suggest that 1Ls who didn’t attend try and make the time to attend one in the future. Why not enjoy good company at a bar with drink specials and a nice open patio -- you’ll be able to bunker down in the library soon enough when it snows in four weeks! The bar nights seemingly provided a much needed respite for many 1Ls who were understandable exhausted after a whirlwind three weeks. After briefing cases and writing memos all week it is always nice to be able to do something that requires no stress or instruction -drinking a pitcher (or several pitchers) of beer with some friends. Because at the end of our journey, I suspect we’ll remember what happened “that one time at the bar”, more than we’ll remember “that one time at the library”. �The Opinion October 2005 On the Docket: The Solomon Amendment By Anayat Durrani T he U.S. Supreme Court will consider a case that will decide whether universities can bar military recruiters from their campuses, without giving up federal funding. The justices will revisit a 2004 decision by the 3d Circuit Court of Appeals that found the Solomon Amendment unconstitutional because of the military’s “don’t ask, don’t tell” policy, which violates the schools’ policies against discrimination based on sexual orientation. The 1996 federal law known as the Solomon Amendment allows the government to deny federal funding to any school that does not provide “equal access” to military recruiters on its campus. The law was established to allow the military equal access to campuses and students. However, many law school campuses say the Solomon Amendment conflicts with the right to free speech. At issue is the military’s controversial “don’t ask, don’t tell” policy, which al- lows gays to serve, as long as they hide case this fall. their sexual orientation. The Forum for Academic and InstituThe first version of tional Rights (FAIR), a the 1994 law named after consortium of law then Rep. Gerald Soloschools that is challengmon (R-NY) offers feding the constitutionality eral funds to universities of the Solomon Amendon the condition they ment, said it prevents provide military recruitschools from realizing an ers the same access to anti-discrimination policy their campuses as they because it forces them to do for other employers. open their campuses to The government had military recruiters who do granted funds to univernot accept openly gay sities as long as military individuals. Some of recruiters were allowed those associated with the on campuses. However, nationwide coalition infollowing the terrorist clude the faculties at attacks of September 11, Georgetown University 2001, the Defense DeLaw Center. partment demanded univer- Former Rep. Solomon “Georgetown’s position sities provide equal access is that all employers who to military recruiters and threatened to come to recruit on campus must abide by withhold several hundred million dollars’ Georgetown’s non-discrimination policy in worth of federal funding if they failed to employment,” said Chai R. Feldblum, a comply. The Supreme Court will hear the law professor at Georgetown University Law School. “That includes nondiscrimination based on sexual orientation—a rule the military doesn’t meet. Georgetown allows the military to recruit solely because of the duress of the Solomon Amendment.” Several other law schools and law faculties nationwide share the same view. Clark Freshman, a professor at the University of Miami Law School said Miami had a policy to comply only to the extent required by law. “It made several efforts to minimize the damage, including posting signs reminding students of the school’s antidiscrimination policy and stating that the military was only allowed access because of the threat of the loss of federal funds,” said Freshman. Many law student organizations have been active in making their feelings known about the Solomon Amendment and military recruiters on their campuses, even if their schools have not. A decision in Rumsfeld v. FAIR , No.04-1152 is expected in July 2006. — Lawcrossing.com Pro Bono Students America Continued: By Andrew Tan Faculty Profile: Makau Mutua L aw school students seeking to work for public interest causes or looking for something valuable to add to their resumes may not know where to start. However, there are some organizations that provide essential information on public interest groups. Pro Bono Students America (PBSA), now known as Public Service Law Network (PSLawNet), is an organization whose purpose is to help law school students find paid and unpaid positions in public interest groups, law firms with pro bono practices, governmental agencies, etc., where they can develop a wide array of marketable legal skills. The organization is subscribed to by 150 law schools across the United States. As a result, law school students can use its online database to search for opportunities, at various locations around the world, based on criteria that they provide. In addition, PSLawNet provides information on public interest events and job fairs, hosts panels and programs on public issues, publishes information on postgraduate fellowships in its annual edition of The Comprehensive Fellow- ship Guide - The Ultimate Resource for Lawyers and Law Students, and presents awards to nominated students who provide exemplary pro bono service. The type of work that law school students will find depends largely on what organizations or agencies they volunteers at. Examples of assignments include research, attending administrative hearings, and drafting complaints. In the case of student fellowships, grants are given to students who have designed pro bono projects for the specific public interest program they wish to volunteer for. Fellowships give students the chance to solve specific legal problems in their communities, experience working as a public interest lawyer, and more opportunities to mentor others than most law firms will allow. The types of fellowships that can be found through PSLawNet include project-based and entrepreneurial fellowships, organization-based fellowships, policy fellowships, and research fellowships. The experience gained through public service gives law school students an opportunity to use their knowledge to assist their communities to deal with unmet needs. This experience is often extremely varied because most public interest groups will assign students to different tasks. However, fellowships are also important because they provide more depth to a particular field. This is advantageous because students will get a better idea of what the field they selected for their project entails. According to the PSLawNet website, it is recommended that students dedicate at least 50 hours per placement, but some students might find themselves in positions that require investing more than the suggested amount. Regardless of whether or not students elect to undertake fellowships or regular volunteer positions, employers will like the idea that their potential employees already have experience and/or a broad range of skills. The PSLawNet database contains more than 12,000 organizations, which are updated twice a year based on feedback received from participating students and from program administrators of each organization. Information on opportunities offered and how to search for public interest positions through PSLawNet can be found at www.pslawnet.org – Lawcrossing.com CONTINUED FROM PAGE 7 He has written numerous articles and lectured many audiences on the need to change the human rights corpus and expand human rights to include rights that other cultures hold highly. He strongly believes that the Eurocentric core of the human rights corpus needs to be transformed into a universal multicultural corpus in order for it to have world-wide legitimacy. His advice to students interested in human rights? To imagine their careers in a broad, not narrow sense and to stay determined. He advised that the path of law goes beyond the known traditional path; there are many fields that students interested in human rights can go into, including but limited to law firms, non-governmental organizations and international organizations. The Docket Thursday, Oct. 20-Sunday, Oct. 23— Conference on The Roles and Representations of Walls in Reshaping of Chinese Modernity. Cosponsored by the Baldy Center for Law & Social Policy, UB Albright Knox Art Gallery. Contact: Tom Burkman (burkman@buffalo.edu) Friday, Oct. 21—Desmond Moot Court Competition Final Round, Letro Courtroom, O’Brian Hall, at 6:30pm. Banquet for Desmond competitors, judges and Buffalo Moot Court members immediately to follow. Contact: Amber Storr (astorr@buffalo.edu) Saturday, Oct. 22—UB Law Alumni Convocation followed by the Jaeckle Award luncheon, Hyatt Regency, 8:30am to 2pm. Contact: Dean Ilene Fleischmann (fleisch@buffalo.edu) Monday, Oct. 31— Conference on Historicizing Capitalism: Historical Political Economy as Critique of Neo-Classical Economics. Organized by Professor Steinfeld, Pierre Gervais (Univ. of Paris), and Christine Desan (Harvard Law School), in 545 O’Brian Hall, 9am—4pm. RSVP for lunch. Contact: Ellen Kausner (ekausner@buffalo.edu) Wednesday, Nov. 2 — Wechsler Moot Court Intramural Competition. Contact: Liz Tertinek (tertinek@buffalo.edu) 8 � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Opinion, 2005-10 Date Issued Date of formal issuance (e.g., publication) of the resource. 10/1/2005 Bibliographic Citation A bibliographic reference for the resource. Recommended practice is to include sufficient bibliographic detail to identify the resource as unambiguously as possible. 44 2 Publisher An entity responsible for making the resource available UB Law School State University of New York at Buffalo Law School Language A language of the resource eng Type The nature or genre of the resource Newspapers Text Is Part Of A related resource in which the described resource is physically or logically included. LIB-LAW003 Rights Information about rights held in and over the resource <a href="https://rightsstatements.org/page/CNE/1.0/">COPYRIGHT NOT EVALUATED</a>. The copyright and related rights status of this Item has not been evaluated. Please refer to the organization that has made the Item available for more information. You are free to use this Item in any way that is permitted by the copyright and related rights legislation that applies to your use. This digital collection is made available for research and educational purposes. Researchers are responsible for determining copyright status, and securing permissions for use and publication of any material. Copyright for items in this collection may be held by the creators, their heirs, or assigns. Researchers are required to obtain written permission from copyright holders and the University Archives prior to reproducing or publishing materials, including images and quotations. For inquiries about reproduction requests and permissions, please contact the <a href="http://library.buffalo.edu/archives/">University Archives</a>. If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/a15207a760fa4843946d52adff99ef84.pdf e788560c719990cd07094718b9c5dd7d PDF Text Text THE OPINION UB Law School 101 O’Brian Hall Buffalo, NY 14260 Vol. 43, Issue 7 The Student Newspaper of the University at Buffalo Law School May 2005 Crawford wins tight race for president Almonte moving forward, already thinking about Class Director reelection By Brian Langenfeld, ‘05 yan Crawford, ’06 was elected as the next Student Bar Association president on April 13th. Crawford served for one year as a 2L Class Director and is involved with a number of SBA student groups including the Prosecutors Club, College Republicans and the Buffalo Public Interest Law Journal to name a few. On April 12th and 13th, the Student Bar Association held its annual Executive Board Elections for president, vice president, treasurer and parliamentarian. Class Director elections are held each fall. Crawford defeated popular first year student Jason Joaquin Almonte in one of the closest elections in recent SBA history. Almonte has since made clear that he intends to remain involved with the Student Bar Association next year as a 2L Class Director and was satisfied with his hard fought campaign. In recent years, SBA elections drew minimal Ryan Crawford, ‘06 participation and voter SBA President-elect turnout was low, however the 2005 election defied past precedents and was filled with excitement as a candidates from both first year and second year classes vied for the top spot being vacated this summer by current president Mike Mann, ‘06. The vice presidential race was equally as hot as the presidential race with 2L John Gerken defeating 1L Jacia Smith. Both Gerken and Smith served as Class Directors during the school year. In this year’s election, only the office of president and vice president was contested, 1L Trisha Kirsch ran unopposed for treasurer and 2L Devon Runyan ran unopposed for parliamentarian. The contested election brought over 370 law students to the polls, casting their votes on the future leadership of the student body. Last year’s election only saw a contested race for president, with numerous write-in campaigns for down ballot positions. SBA president Mike Mann was very excited to see such a contested election and wished the new executive board well. “I want to congratulate all of the newly elected officers [President Ryan Crawford, Vice President John Gerken, Treasurer Trisha Kirsch, and Parliamentarian Devon Runyan]...each have proven themselves at UB Law to be effective and outstanding leaders,” said Mann. Mann also hopes that Almonte and Smith continue to be involved with the SBA and the law school. “Joaquin [Almonte] and Jacia [Smith] are bright stars in this law school, I am confident that this will not be the last we hear of them, I think they will have a lot of support if they run again next spring.” The newly elected officers will assume responsibility of the Student Bar Association after final exams, but have already begun to plan next year’s SBA budget with the outgoing officers and Class Directors. Table of Authorities Opinions & Commentary . . . p. 4 The Year in Photos . . . . . . . p. 5 Summer in Buffalo . . . . . . . p. 10 The Docket . . . . . . . . . . . . p. 12 A Class Act: Barrister’s Ball 2005 Law School “prom” was April’s hottest ticket By Mike Nisengard, ‘07 comed with cocktails and appetizers. The chicken hock and awe” came to UB Law School on quesadillas and grilled shrimp were popular favorites. April 11th when word spread that the BarrisA very satisfying dinner and awards presenters’ Ball was sold out. Many law students tation followed, where the Student Bar Association for assumed there was no imminent need to purthe first time recognized outstanding students and chase tickets, and reassured themselves with recent student organizations. After the cheesecake was history – nobody could remember the last time the Barserved, law students quickly got up to “get on down,” rister’s Ball had sold out. crowding the dance floor swinging and swaying to the But on April 11th at 3:00 P.M. it was announced via email that the Law School “prom” had funky rhythms and soul bopping beats of some of tosold out. Barrister’s Balls day’s hottest dance hits. of years past never had People had their “freak attendance of more than on” and their 230 guests. But this year, “schwerves” in high last day ticket sales exgear, and the party ceeded 150 and pushed rocked past midnight, figuratively tearing the the party to its capacity of roof off and burning the 350 guests, requiring house down (perhaps a event coordinators to repoor choice of words plenish their ticket stock given the last month at twice in the final day of UB). sales. Needless to say, great Students still times were had by all, waiting to purchase tickand Lauren Tamparo ets were understandably upset to hear that they 2004-05 SBA Executive Board distributing awards ’05, chair of the SBA’s could not attend this Barrister’s Ball Comyear’s Ball. Many 3Ls, saddened to miss the pinnacle mittee, showed that she knows how to throw a sensaof the law school social calendar in their final year, tional soirée and turn unexpected lemons into lemonencouraged and cried to event coordinators about inade. Rectifying the potential exclusion of 3Ls, stucreasing the set capacity at the Statler Towers – even dents significantly enhanced the celebration. Student suggesting the move the venue a week before the Ball. Bar Association Treasurer Melissa Cavagnaro and With the skill and tact of well-salted legal SBA President Mike Mann also deserve credit for professionals, event coordinators quickly worked out a their efforts. deal, which allowed an additional 50 tickets to be sold Some may wonder, why tickets sold so fast? to students and their guests. These tickets sold out Even organizers attribute the hot tickets to a lower quickly, and fortunately almost everyone wanting to ticket price. This year, the SBA wanted to make the attend was able. Barristers’ Ball affordable for all students and worked It was not hard to imagine how 400 law stuwith a generous grant from the Dean’s office and Bardents and an open bar invites good times. All dressed Bri to heavily subsidize the pricey $55 per- person up and standing in the grandeur and opulence of Ellscost, charging only $20 per ticket. In the future, the worth Statler’s former flagship hotel, guests were welSBA hopes to keep the event a low cost and will hopefully consider a larger venue for next year’s ball. 1 may layout.indd 1 5/3/2005 9:17:42 AM �The Opinion Lecture focuses on Corporations in Court THE OPINION Mitchell By Caroline Brancatella, ‘07 May 2005 Volume XXXXIII, Issue #7 and a live video feed in Room 104. ModThe University at Buffalo Law erated by UB Prof. Rebecca French, a School hosted it’s annual Mitchell Lecture on April 18th in the Francis M. Letro question and answer period, dominated Courtroom. Entitled “Are Corporations by UB law faculty, followed the presentaand Other Artificial Persons Taking Over tions. the Legal System,” the talk featured an The dominant topic of the day was impressive line up of presenters to adthe matter of Artificial Person’s (AP’s) dress the title question. role in the legal landscape as so many of Keynote speaker Marc Galanter, the parties now involved in law-related disputes are not named indiBosshard Professor of Law viduals, but amorphous entiand South Asian Studies at the ties such as corporations, University of Wisconsingovernment organizations, Madison, and former UB Law and not-for-profit groups, faculty member kicked off the including universities. The event discussing corporation widespread belief that AP’s access to the courts. have the upper hand in both Commentators included in and out of court legal transMeir Dan-Cohen, the Milo actions was addressed by Reese Robbins Professor in each presenter. Legal Ethics at the University “Discussion of AP’s is of California at Berkeley School of Law; Gerald Prof. Marc Galanter relevant to students and professors because we are particiBerk, Associate Professor and Department Head of the Department pants in a legal system that aspires to the ‘rule of law,’” said Wooten. of Political Science at the University of “One key ideal of the rule of law is Oregon; and UB Law’s own Prof. David that participants in the courts should meet Westbrook. on relatively equal terms. That is, a lawAccording to UB Prof. James Wooten, Chair of the 2005 Mitchell Lec- suit should be fair in the sense that neither party has too much of an advantage ture Committee, the keynote speaker is chosen by the Mitchell Lecture Commit- over the other. Professor Galanter's speech raised the point that empirical tee based on suggestions from the UB research suggests that the increasing legal faculty at large and commentators are resources and sophistication of AP’s is chosen based on discussions with the making the courts less of a "level playing keynote speaker. field" when AP’s litigate against indiOriginally scheduled in Room 106, the annual event was moved to the court viduals. It seems to me that as lawyers room due to damages from the recent fire and lawyers-to-be, we need to think about in the law school, with additional seating the implications of the increasing preva- Co-Editors: Michael Mann, ‘06 Jenny Mills, ‘06 Staff Writers: Justin Whittaker, ‘06 Tracey Stephen, ‘06 Caroline Brancatella, ‘07 Justin Nifong, ‘07 Stephen Wyder, ‘07 Mike Nisengard, ‘07 Jason Joaquin Almonte, ‘07 The Opinion, 101 John Lord O’Brian Hall, Buffalo, NY 14260, (716) 645-6387, is published by law students for law students. The Opinion is the official student newspaper of the University at Buffalo Law School, State University of New York. Any reproduction of materials herein is not allowed without the express consent of the Editor-in-Chief and the piece writer. New submissions of articles, cartoons or advertisements are always welcome and may be submitted to The Opinion mailbox in the SBA office, or via email UB.Opinion@gmail.com. The staff reserves the right to edit articles for length, grammar and spelling. The Opinion will also not print any libelous or anonymous material. Students, faculty and members of the community are all strongly encouraged to submit writings. The Opinion does not endorse any of the articles and opinions stated within its pages. lence of AP’s in the legal process,” he continued. Westbrook, who was the last commentator to speak, also thought the topic of AP’s was an especially relevant discussion, “Social life, and so the life of the law, is largely comprised of interactions with and among artificial persons, including not only the large for profit corporations on which Marc Galanter focused, but also entities such as UB Law School. But it is difficult to think about such institutions … recent intellectual developments -- notably doctrinaire law and economics -- have tended to exacerbate this tendency. So I think the discussion of AP’s was both important and timely, and I think the Mitchell Committee did a great job picking the topic.” Addressing the specific topic on which he spoke -- whether the courts’ role in regulating the power of AP’s is good or bad -Westbrook said, “Post Enron, I and lots of other folks are inclined to look more favorably on the regulative capacities of courts. But if history is any guide, this is something of a matter of fashion. My real point was that our anxiety about AP’s turned on a notion of artificiality, or inauthenticity. As highly formal, structured environments, courts are not particularly good at addressing that sense of uneasiness. Kafka, after all, is obsessed with courts.” The first James McCormick Mitchell Lecture was presented in 1951 and named for an 1897 graduate of the Law School. Supreme Court Justice Robert H. Jackson, a native of nearby Jamestown, NY, gave the first address. Distinguished Alumni attend Students of Color Dinner By Jason Joaquin Almonte, ‘07 he 16th Annual Students of Color Dinner officially kicked off UB “Dinner month” on Friday, April 8th. Held at the Amherst Marriott Hotel just down the street on Millersport Highway, the event organizers called the event a great success, drawing over 130 students and distinguished alumni from across the country. The Students of Color dinner is unique from the other dinners because it also serves as a commemorative event that recognizes and brings together students of all races under the theme: “Lift as we Climb.” This year’s honorees included Trailblazer Awardee New York State Assemblywoman Crystal Peoples from Buffalo; Jacob D. Hyman Professor of the Year Awardee Professor Barbara Sherk, ’02; Distinguished Alumni Awardee The Honorable Julio Fuentes, ‘75 and Distinguished Alumni Awardee Lourdes Ventura, ’98. One of the more special components of the SOC dinner is the presentation of the “Lift As We Climb” scholarships to outstanding high school students who demonstrate leadership. This year’s scholarship recipients were seniors Daphne L. Inman, Ieshaah A. Murphy, and Shawnté Wilson, all classmates at City Honors High School in Buffalo. This year’s dinner was presided over by students from the Asian American Law Students Association (AALSA), the Latin American Law Student Association (LALSA), and the Black Law Student Association (BLSA). AALSA President Charles Choe ’06 introduced the event’s keynote speaker, UB Law alum Mason Ashe ‘89. Mr. Ashe gave a very entertaining speech, leaving law students with an uncanny interest in sports and entertain- Sherk, ‘02. The award was coupled with a special gift from some of her students who surprised her with a beautiful bouquet of her favorite white roses. Newly elected LALSA treasurer Victor Gonzalez, ‘07 introduced one of our most distinguished alumnus, Judge Julio Fuentes, ‘75. Judge Fuentes is the highest-ranking judge in UB history, sitting in Newark, New Jersey on the United States Court of Appeals for the Third Circuit. Judge Fuentes was born in Humacao, Puerto Rico in 1946, migrating to New York City at age nine. New Jersey Governor Frank Kean appointed Judge Fuentes to his first judgeship on New Jersey’s SupeJason Almonte, ‘07, Judge Fuentes, ‘75, Cindy Navarro, ‘07 rior Court, where he served in all of the major divisions. In March 1999, Award recipients also contributed President Clinton nominated Fuentes to the words of wisdom and friendly advice. Third Circuit Court of Appeals and he was BLSA president Monique Emdin, ‘07 confirmed by the U.S. Senate in March introduced trailblazer State Assembly2000. woman Crystal Peoples, a non-alumnus Fuentes reminded students to always of the Law School. Assemblywoman Peobe prepared, as they never know where the ples recounted the great satisfaction she tides of life will lead them. He recounted has always received from giving back to the story of his nervous wait after learning her community and told some of her he was considered for a U.S. District Court “trailblazer” war stories from her time in appointment and how he learned by teleBuffalo to Albany. Assemblywoman phone from former Senator Robert TorPeoples is a native of Erie County and ricelli (D-NJ) that he was actually being assemblywoman for the 141st District. considered for the court of appeals. Judge Allen Blount, ’05, former BLSA Fuentes delivered the 2001 commencement president, introduced Jacob D. Hyman address at the Law School. Professor of the year, Advanced Legal Newly elected LALSA president Research & Writing Professor Barbara ment law, a practice area where he has excelled in representing athletes like Pro Bowl Quarterback Daunte Culpepper, NBA star Stromile Swift and Pittsburgh Steelers star Levon Kirkland. Mr. Ashe also discussed how he was inspired to enter the sports and entertainment business by his cousin, tennis legend Arthur Ashe. Carolina Felix, ’07, introduced Lourdes Ventura, ‘94. Ms. Ventura reminded students of their own moral obligation to “turn around” and give back to their own communities; inspiring attendees to “lift as they climb” in their own lives. She recounted the circular way life has led her, recounting how 2L, and distinguished award presenter, Monique Emdin was a resident assistant (RA) when she was hall director at UB as an undergraduate student. Ms. Ventura is quisqueyana, from the Dominican Republic, and an Assistant Attorney General with the New York State Attorney General’s Office. Before the night wrapped up in dancing, Gail Hallerdin, ‘90 presided over a candle lighting ceremony by reading “The Bridge Builder” by Will Allen Dromgoole. Students of Color dinner committee CoChair Candace McCarley, ‘06, assisted Hallerdin. Ms. Hallerdin is currently Assistant Commissioner of New York State’s Office of Children and Family Services. During the candle ceremony, UB Law distinguished alumni lit taper candles that had been set at their dinner places from a pillar candle burning in the center of the dance floor. They extended that flame, first lighting the candles of third year students. The flame was then shared with second years, then first years, and so on until every candle was lit. It was an inspiring metaphor for the dinner’s “lift as we climb” theme, and a moving display of student and alumni solidarity. All in all the Students of Color Dinner was a great success, and a nice kick-off to the events that followed later that month. Students of all races attended; even SBA President Mike Mann, ‘06 hit the dance floor! special thanks was given continually to Students of Color Dinner Committee CoChair Yadira Ramos, ‘05, whose work and dedication made the event a great success for the past two years. Next year’s organizers hopes that all of the graduating seniors return for the 17th Annual Students of Color Dinner as alumni. 2 may layout.indd 2 5/3/2005 9:17:45 AM �The Opinion May 2005 Court of Appeals Return to Buffalo Schlegel!-isms By Caroline Brancatella, ‘07 Another Abridged List of Words of Wisdom By Mike Nisengard, ‘07 T he following list of “Schlegel! The coat hangers will always be multiisms” – actual Schegel! neural plying when the lights go off. firings taken directly from the You have to remember that law school classroom - is for amusement is exceedingly dangerous stuff. It should purposes only and is not to be used under come with the disclaimer: “We will f*** any purposes to inwith your mind.” crease your stress durA warranty speaks: ing exam time or take “Argawkkk! Argawkkk!” away from your enjoyA reasonable reckon is ment of life’s important all a good lawyer can give a pleasures such as sunclient – I reckon we can win this shine, good food, good case or I reckon we won’t. wine, laughter and love. Humans are less often There are very few guilty of bad faith than stupidpeople who should be ity. allowed to run naked I’ll skip over civil prothrough the city streets cedure for now because it’s the even if there are no butt of all jokes and I have to laws against public stop joking about it because I Professor John Schlegel teach it next year. Yack. grotesqueness. The court’s holdThere is nothing ing could be reduced to “Bullsh*t! Rewrong with working towards the vision of versed.” the world you see, but don’t be surprised if As you have surely figured out by you find it an uphill battle and never say now, I don’t give a sh*t if the rules of Schlegel! told you it would be easy. contract law are good, bad or stupid. Wisdom comes with age; sometimes There are possibilities; there are no age comes alone. certainties. Bureaucracy is its own reward. There are two kinds of law – hurt and Don’t confuse the id and law school. money. And even when someone gets The two are unrelated. Law school is death hurt they want money. – the id is life. If you let law get confused “Shepardize” – my favorite word in with your life, you will be worse for it. all of law school. I do love my students! Z achary Taylor was President of promotes to detective from among the the United States and the Civil top three scorers of the civil service test War was still a decade away for the position as opposed to automatiwhen the New York State cally promoting the top scorer. AddiCourt of Appeals last held a working tionally, challenges to local zoning laws session in Buffalo in 1849. The highest and trespass charges were addressed. court in the state amelioThird year law sturated that absence April 14th dent Tara Midlik was when the 6 Appeals Court honored at the Alumni judges and Chief Justice dinner when Chief Judge Judith S. Kaye visited the Kaye presented her with ceremonial court room at 92 the Justice M. Dolores Franklin St. to hear oral Denman Award. arguments. The honor comThe “Buffalo Session,” memorates the Honorable came at the invitation of the M. Dolores Denman, a University at Buffalo Law member of the class of Chief Judge Judith Kaye 1965, who was the first School Alumni Association, who hosted a dinner woman to be named at the Hyatt Regency Hotel in Downpresiding justice of the New York State town Buffalo following court proceedSupreme Court Appellate Division. ings. Current UB law students were Justice Denman was a single parent invited and encouraged to attend the live while in law school, and yet managed sessions, which were also made availto graduate as class valedictorian. This able in the law school via a live video scholarship/award is presented by the feed for the university community to WNY Chapter of the Women's Bar observe. Association to a graduating senior who Issues of local interest were inis a custodial parent, with preference cluded in the arguments presented to the given to single parents, and the award is Court. The panel reversed a decision by intended to offset the costs of daycare the state’s lower courts giving City of and other child rearing expenses during Buffalo Police Commissioner Rocco J. the bar study period. Diina the right to choose those who he Reserve your copy of the Yearbook today! Battle moves to new DOJ post By Caroline Brancatella, ‘07 Only $25 for the first 150 books U audiences and well maintained his cool. .S. Attorney General Alberto The publicity was on the whole favorable R. Gonzales announced on … He then, on the Attorney General’s orApril 16th that University at Buffalo Law School graduate ders, joined a nationwide program defending the Patriot Act. He got good coverage and Western New York U.S. for those events, including popular shows Attorney Michael A. Battle will become such as Geraldo Rivera,” Albert continued. the new liaison between Gonzales and Some feel that Battle will not be away federal prosecutors in 94 districts all over from Western New York for long, but rethe nation. turn as a federal judge with an appointment U.S. Attorney for the region since some time before the Bush 2002, Battle was the first administration ends. African American to hold A former football the post which he will leave player and 1977 graduate of in June to begin his new Ithaca College, Battle earned duties in Washington, D.C. his Juris Doctorate from UB Considered a favorite of the in 1981. A native of New Bush administration for York City, Battle returned some time, especially due to there after law school graduahis successful prosecution of tion and worked in legal aid the alleged terrorist recruitbefore returning to the Bufing cell known as the falo area, where he has almost “Lackawanna Six,” speculatwo decades of premiere legal tion that Battle would move positions and connections up had been commonplace. During his time at Appointed by former Michael Battle ‘81 UB law school Battle had made Attorney General John a number of local contacts, inAshcroft, Battle has been a cluding former U.S. Attorney for the area member of the Attorney General's AdviSal Martoche, who hired Battle upon his sory Committee of U.S. Attorneys since January 2004, serving on the subcommit- return to Western New York. In 1992 a federal public defender's office was estabtees on civil rights, sentencing guidelines lished in Buffalo and Battle left to run it, and white collar fraud. His new position but changed positions again in 1994 when does not require Senate approval. Dennis Vacco was elected New York’s “The work of his office on the attorney general and Battle became his Lackawanna Six case was entirely satisassistant in the Buffalo area. From there he factory to the Bush administration,” said served for nearly six years as an Erie UB law professor Albert Lee addressing County Family Court Judge and then why Battle became a frontrunner for the moved onto his most recent post as the national position. Western New York U.S. Attorney. “He achieved the desired outcome -It is unclear who Battle successor as stiff sentences on pleas, without revealWestern New York U.S. Attorney will be, ing much of the government's case and but it is expected to be a highly coveted sources. The government did not want a post among area attorneys. trial and there certainly were triable issues. He took a lot of heat from liberal Commencement Speaker Set DistrictJudge& formerIranContraProsecutortoaddressClassof2005 By Caroline Brancatella, ‘07 U has served as an Assistant United States niversity at Buffalo Law Attorney for the District of Columbia School’s 2005 Commenceand as an Assistant to the Solicitor Genment Ceremony on May 21 eral of the United States from 1974 to at 1 p.m. in the UB Center 1976. While working in private practice for the Arts will feature an inaugural or nearly twenty years Friedman also award to honor Ryan J. Mullins, a served as Associate Inmember of the Class of dependent Counsel for 2005 who died sudthe Iran-Contra Investidenly in September of gation. 2003. Saran pointed “This award will be out that graduates of the given annually to the Class of 1955, celebratgraduating senior deming the 50th anniversary onstrating the greatest of their Commencement commitment to and will join this year’s proficiency in criminal graduates for the cerelaw and criminal trial mony and that the Hot practice skills. To honor Strings Cargo Band will his memory, his classplay before the procesmates, friends and sion and for the recesmembers of the Law sional. Members inSchool community esJudge Paul Friedman ‘68 clude Professor James tablished this award,” Atleson, Professor David Engel and said Vice Dean for Student Affairs Melinda Saran. second year law students Kristen Judge Paul L. Friedman, a 1968 Houseknecht, Jessica Kielb and Nick graduate of the law school and United Robinson. States District Court Judge for the DisEach graduating student will receive trict of Columbia will offer the 2005 six tickets to the ceremony. First and Commencement Address. second year students interested in attendA graduate of Cornell University, ing are encouraged to volunteer as ushfollowing law school, Friedman clerked ers to hand out programs and assist the the U.S. District Court for the District of law school staff during the ceremony. If Columbia and the U.S. Court of Appeals interested please contact Dean Saran at for the District of Columbia Circuit. He saran@buffalo.edu. 3 may layout.indd 3 5/3/2005 9:17:47 AM �May 2005 The Opinion Opinions & Commentary Here’s one for Johnnie... By Rick Johnson, ‘07 hen I heard Johnnie Cochran canceled his trial appearance at the University at Buffalo Law School Letro Court due to illness I was disappointed. Yet, I had no idea how seriously ill he actually was. Johnnie Cochran died last month after suffering from an inoperable brain tumor, at the age of 67. Johnnie L. Cochran Jr. was born in Shreveport, Louisiana, on October 2, 1937, the great grandson of a slave, and working class family. According to a CNN News report, Johnnie was called a loving, warm human being who cared about everybody according to his Pastor William Epps. Johnnie’s career was one marked with celebrity cases and clientele. Cochran’s most famous case is of course the O.J. Simpson case. Here he and a “dream” team of attorneys helped acquit O.J. Simpson in his murder trial. His memorable phrase, “if the glove don’t fit you must acquit,” helped to lead to this victory. Yet, this case was quite controversial in that racial issues were dealt with and may have given the public a distorted image of Cochran. As Michael Eric Dyson, stated in a speech at the University at Buffalo, “Johnnie Cochran once helped out an out-of-towner by giving him directions and he said he couldn’t believe how nice a fellow was to him. Afterwards, someone told him that the man was Johnnie Cochran. He said I don’t like Johnnie Cochran but I liked that fellow.” This is probably accurate because it can be hard to be a civil rights lawyer in America and the public may get a distorted image of anyone who defends people where controversial issues such as discrimination are often involved. However, Johnnie defended a diverse group of people from Michael Jackson to Sean “Puffy” Combs to Reginald Denny. Reginald Denny was the white truck driver beaten by a black mob at the height of the Los Angeles riots in 1992. Cochran argued that the city’s police failed to protect the neighborhood where Denny was assaulted. The Seinfeld television show even created a spoof about Johnnie, with their own character named some might be offended by such parody, Cochran said that it was a lot of fun and he thought it helped sooth some of the angry feelings from the Simpson case. Yet, for any aspiring attorney especially one of color, Cochran was surely a great icon. As W.E.B. DuBois once wrote, “this is the story of a human heart the tale of a black boy who many long years ago began to struggle with life so that he might know the world and know himself. I bow before this man as one bows to the prophets of the world. Some seer he seemed, that came not from Crimson Past or the gray To-come but from the pulsing Now that mocking world that seemed to me at one time so light and dark, so splendid and sordid. Four score years ago had he wandered in the same world as mine, within the Veil.” Although I wander in that same Veil of color as he, I think it is also germane to point out that the world has also lost a great soldier in the war for human rights for all mankind. As Johnnie often said, “an injustice anywhere is a threat to justice everywhere.” It only makes sense to celebrate this life, so here’s one for Johnnie. 3-Day Multistate Famed civil rights attorney Johnnie Cochran passed away March 30th after a long struggle with an inoperable brain tumor. Cochran was 67, Bar Exam Workshop w/ Jackie Childs. In one episode his opposing counsel asked a woman to put on a bra which doesn’t fit, likening the moment to O.J. Simpson’s infamous glove moment. Childs loses the case, calling it a “public humiliation,” blaming co-star Kramer for the poor legal tactic. While July 15, 17 & 18 Professor Bamberger Applications available outside the SBA office, mail to: Gerald Bamberger, 1575 Highland Avenue, Rochester, NY 14618 The Victims: Spilt Milk in the Classroom By Justin Whittaker, ‘06 ost of us at UB Law chose to enter the legal profession in search of an understanding of how the “law” works in modern society, and to develop an intellectual understanding of concepts like human nature, political discourse, and legal theory. Unfortunately, according to a national group called the Students for Academic Freedom (SAF), “the atmosphere that prevails on most college campuses today does not foster intellectual diversity or the disinterested pursuit of knowledge. Liberal Arts faculties at most universities are politically and philosophically one-sided, while partisan propagandizing often intrudes into classroom discourse. It is appropriate for faculty to want openminded students in their classes, not disciples. Faculty bias is reflected in the curriculum of courses available, in the manner in which they are taught, in readings assigned for classroom study, and in discussions only open to one side of a debate.” www.studentsforacademicfreedom.org. We are being sinisterly and systemically propagandized. This concept is not a new one. William F. Buckley wrote in his 1951 groundbreaking work, God and Man Letter to the Editor at Yale: The Superstitions of “Academic Freedom,” that the solution to correct the “rampant socialism” on the university’s campus was to fire the offending professors who could then “seek employment at a college that was interested in propagating socialism.” Perhaps 1950s era McCarthyism accounts for the book’s relative success as a tool of silencing professors who dared espouse critical analysis of U.S. policy, and as a safeguard against the creeping moral threat of international communism. Perhaps. In the 1950s there was perhaps at least a real ideological threat to traditional notions of “American values,” and the communist movement was in fact quite pervasive on campuses throughout the United States. Perhaps. The proposition proffered by “academic reformists” today, however, is more of a product of the collective fear of some - of sinister intellectualism, which may manifest itself as “anti-religion” or worse: bad for national security (if there actually is a discernible distinction between them). The actual fear sprouts from the notion that unchecked power could be lost if ideas counter to radical agendas are publicly espoused by professors, intellectuals, and students. Students, evidently, believe everything they are told by anyone in a position of authority. It is my position that students who do not possess the capacity to discriminate among ideas, have no place in an academic setting of any eminence. Continued on page 11 The Opinion and the Student Bar Association would like to extend a special thank you to Dear Editors: Despite my soft spot for Mr. Whittaker, I am starting to wonder how the Law School's paper has become the forum for the liberal drivel that tries to rebut the Conservative Corner. If the liberals wish to have ink and paper maybe they should take the time and resources to start their own paper instead of continually using the general resource of The Opinion. Just a thought - or is resourceful reserved for the Right? for their continued support of student life at UB Law School Devon Runyan Class of 2006 devonrunyan@hotmail.com 4 may layout.indd 4 5/3/2005 9:17:48 AM �The Opinion May 2005 The Year in Review: Law School Photo Memories 5 may layout.indd 5 5/3/2005 9:17:52 AM �The Opinion May 2005 The Opinion SBA Class Directors 2004-2005 6 may layout.indd 6 5/3/2005 9:17:55 AM �The Opinion May 2005 7 may layout.indd 7 5/3/2005 9:17:58 AM �The Opinion May 2005 Congratulations to the UB Law Class of 2005! The Opinion 8 may layout.indd 8 5/3/2005 9:18:01 AM �The Opinion May 2005 Student Bar Association’s 1L Escape a huge success Organizers hope to make “escape” an annual event at the Law School By Jason Joaquin Almonte, ‘07 n Friday, March 25th, the University at Buffalo Law School’s class of 2007 convened at the Center for Tomorrow for the Student Bar Association’s first ever “1L Escape.” The event, sparked by 1L Class Director Adam Bushey, ’07, and coordinated by the 1L Class Director collective, was designed to bring the entire Class of 2007 together across sections, for a unique opportunity to meet and get to know each other. Despite being planned for Good Friday, and taking place the same week as the school closings caused by the Law School fire, the event experienced a great turnout, bringing together almost 100 1L students from all three sections. The event was supported by the Student Bar Association, and under the guidance of the SBA executive board, had a program that included a live DJ, sumo wrestling, food, drinks—and to top it all off, games and prizes. The live DJ was fellow 1L Donald Young who kept the music going all night long. Sumo wrestling was a big hit, with the entire 1L class gathering to see their peers don “sumo caps” and go to it right in the CFT. Students enjoyed the gastronomic change of pace, and many a face smiled to see something other than pizza for dinner. The menu included crab cakes, meatballs, chicken fingers, even a warm artichoke dip for more eclectic palettes. It was all gone by the end of the night; not even a piece of cheese was spared. Prizes included fifteen $50 Bar/Bri scholarships to be randomly selected at the end of the night. The games quickly became the focus of the night as first years frantically searched the room for peers to assist them in completing their “1L Bingo cards.” With questions like: “have you ever been to Iowa?” or “do you speak another language?,” almost every student Above: Members of the Class of 2007 had the opportunity to sumo wrestle during the first annual “1L escape,” students from each section attended. Below: 1L SBA Class Directors and escape organizers from L to R: Adam Bushey, Arianna Gleckel, Joaquin Almonte, Jacia Smith and Sri Sekar. Robert Conklin Honored at Annual Law Review Dinner Policy to free approximately 450 spaces The policy was developed to improve peak-time parking access in prime lots for students, faculty, staff and visitors who park on UB's campuses each year. Resident freshmen will make use of UB's many bus and shuttle offerings to get around both campuses. “After review of Chance Management Advisors’ recommendations and a year of campus-wide consultation, in- The second game was a play on “Find Your Partner.” Students arriving at the event were greeted by their 1L Class Directors who gave them name tags and a “codename” with instructions to find their partner in crime. Pairs included “Pinky and the Brain,” “Prince Charming and Cinderella,” “Shrek and Princess Fiona.” One very excited student given the codename “Fred,” even waltzed into the room yelling out “Wilma!” This game was also a success with inter-sectional partners skipping to the prize desk to steal a second entry for Bar/Bri scholarships. In addition to the mingling, student organizations took advantage of the event to explain their missions to first year students. Organizations represented included the Armed Forces Law Students Association, the Black Law Students Association, the International Law Students Association, the Jewish Law Students Association, the Latin American Law Students Association, OutLaw, and the Student Bar Association. Representatives maintained a table with literature for the 1Ls to review. Fifteen Bar/Bri scholarships were given out at the end of the night. Recipients included: Alicia Sim, Andrew Yen, Anshu Pasricha, Brian Kloss, Carolina Felix, Denetra Williams, Gregory Stein, HeeJung Kook, Jennifer Howland, Jennifer Hyatt, Karen Riedesel, Meghan Mazzacone, Mindi Byrd, Paul Colinet, and Yuxing Ye. SBA organizers called the event a great success, and hoped it paved the way for similar events with the Class of 2008, perhaps during next year’s orientation week. UB.Opinion@gmail.com New Parking Policy for Resident Freshman BUFFALO, N.Y. -- UB Parking and Transportation Services has announced that beginning with the fall 2005 semester, all resident freshmen will be required to leave their vehicles in their residence hall lot or in a Park and Ride lot from 7 a.m. to 3 p.m. Monday through Friday. attending completed their bingo cards and came running to the prize desk to ensure their entry for Bar/Bri scholarships. cluding needs assessments, interviews and presentations with administration, student, faculty and staff groups, this was the bestreceived alternative to reduce congestion in prime lots during peak times,” said Maria Wallace, interim director of Parking and Transportation Services. “Parking is a complex issue at UB, as it is at many of our peer institutions. We expect this new policy to free approximately 450 spaces around the Spine. This is more parking than is available in two of our Jacobs lots.” Resident freshmen will be issued a distinctive magenta-colored hangtag at summer orientations. The hangtags also will be available from the Parking and Transportation Services offices beginning in August. The new policy will be enforced strictly. — UB Newswire Canisius College and earned his Juris obert B. Conklin, ‘68 was Doctorate from UB Law in 1968, graduathonored for his distining cum laude. He was a senior member guished service to the Uniof the Buffalo Law Review in 1967-68. versity at Buffalo Law Conklin is a member of the UB Law School and the Western New York comSchool's Dean’s Advimunity by law students sory Council, a group affiliated with the Bufthat assists the dean and falo Law Review at the faculty in the developlaw review’s 16th annual ment of policies and dinner on April 21st at plans for the law school. The Buffalo Club. As a member of the Over 130 guests council, he introduced enjoyed a beautiful rethe mentoring program ception with current and for first-year law stupast members of the Law dents who are paired Review, alumni, deans, with members of Bufprofessors and commufalo's legal community. nity leaders. The largest “Mentors offer presence by far was that advice and assistance to of Hodgson Russ, with law students as they associates and partners, embark on their legal both young and old comcareers,” said Nils Oling out to show support sen, dean of the law for their retiring leader. school “Without Bob In addition, each Robert Conklin, ‘68 Conklin's support, this year at the Law Review’s program would not have been launched.” annual dinner, the work of four students Conklin often lectures for the New is selected for publication in the upcomYork State Bar Association Continuing ing volume. The honorees at this year’s dinner included 2L’s Angel Overgaard, Education Program and for the Conference of Casualty Insurance Companies. Jon Bevilacqua, Andy Guglielimi and He also has served as vice chair of the Sachin Kohli. Eighth Judicial District Attorney GrievThis year’s honoree, Robert Conklin, is president of the law firm Hodgson ance Committee. Conklin also is a direcRuss LLP, where he focuses his practice tor of the Shea's Performing Arts Center. in both business and employment litigation. He has a bachelor’s degree from 9 may layout.indd 9 5/3/2005 9:18:03 AM �The Opinion May 2005 Summer Special to The Opinion Summer in Buffalo: A quick guide for non-Buffalonians oon, the meteorological crimes of the past few months will be all but forgiven. It only takes a few lukewarm days and the locals declare détente in their very literal cold war with Mother Nature and enjoy the glories of the sun. After a year or more in Buffalo you should know that it’s “pop,” not soda, Labatt Blue is what’s on tap, and the local government is about as good at handling money as the Bills are at winning Super Bowls. But students may not recognize that Western New York is rewarded for its winters of discontent with a temperate, sunny and downright pleasant summer. Eager to crawl out of hibernation, the area celebrates the season in classic Buffalo style -- with inexpensive events that include plenty of food and an omnipresent supply of alcohol. For those of who are staying in the Queen City for the summer, here are a few suggestions on how to spend your non-billable hours -- which may be redundant for some. Make the most of the sunshine because even in June, January is only six months away. FESTIVALS/SUMMERFARE Thursday in the Square May 26 - Sept. 1, Thursdays @ 5pm Lafayette Square http://www.buffaloplace.com/ For nearly 20 years Buffalo Place has produced this summer concert series and everyone who is anyone will be there each week. It includes great bands and plenty of beer tents so wander down after work and get an early start on the weekend. Allentown Arts Festival/Music As Art Delaware & Allen, June 11-12 http://www.allentownartfestival.com/ The streets shut down but the bars stay open to make way for hundreds of art and jewelry vendors from all over the country. The weekend also includes the “Music As Art” festival, run by Robbie Takacs of the Goo Goo Dolls, where local bands strut their stuff. And it’s a pretty good bet the Goos will eventually take the stage. Taste of Buffalo July 9-10, Delaware Ave. http://www.tasteofbuffalo.com It’s no secret that eating is a regional pastime -- Taste of Buffalo provides an opportunity to do so with variety and organization. Come with an empty stomach and an open mind. Italian Festival July 14 - 17 Hertel Avenue, N. Buffalo www.sorrentocheese.com/festivals/index.cfm Craving a cannolli? In need of an array of cheesy and saucy goodness? Prepare yourself for an extra large portion of eggplant parmesan and enjoy the culinary talents of Italia. SPORTS Gus Macker 3-on-3 Basketball Tourney June 25-26 Niagara Square http://www.macker.com/ More than 100 basketball courts and 4,000 players will swarm Niagara Square for this weekend long 3-on-3 tourney. Participate as a spectator or a player as teams of all levels compete. Make sure to check out the top flight courts which showcase some of the best basketball you’ll see before next March. Buffalo Bisons Baseball April 7—Sept. 5 Downtown, Dunn Tire Park http://www.bisons.com/ Once upon a time Buffalo wanted a Major League Baseball team, but Colorado and Florida apparently wanted one more. Left with a downtown ball field the city discovered that Triple “A” baseball and a team that feeds the Cleveland Indians is just the right fit for B-lo -- Dunn Tire Park offers an inexpensive baseball experience for all. Toronto Blue Jays Baseball Skydome http://toronto.bluejays.mlb.com Still miss the Yankees? Our neighbors to the north conveniently have an American League East team that often plays the Yanks less than two hours away. Seats are as little as $6 and border crossing is usually easy with proper documentation. The Boston Red Sox also frequently play UB at Sunrise Downtown Speaker Series to Begins with Presentation by Former UB President William BUFFALO, N.Y. -- The University at Buffalo Alumni Association’s UB at Sunrise Downtown Speaker Series kicked off its spring season with a presentation by William R. Greiner, Law School professor, chair of the Greater Buffalo Commission and former UB president. Greiner discussed “The Regional City of Buffalo...the Merging of Buffalo and Erie County Governments” on April 29 in the Hyatt Regency, 2 Fountain Plaza. The spring series will consist of three programs presented by members of the UB community who will address topics of human interest and current concern. Each program will begin at 7:30 a.m. with a continental breakfast and networking. Presentations will start at 8 a.m. and conclude promptly at 9 a.m. after a questionand-answer session. The 11-member Greater Buffalo Commission, consisting of top government, education, religious and community leaders, was co-founded by Erie County in Toronto -- for those who are into that kind of thing. ica. Summer events include the annual Teddy Bear Picnic, lectures and tours. THE ARTS Erie County Historical Society Open Tues. - Sat.; 25 Nottingham Court http://www.bechs.org/ Along with Albright Knox, the Historical Society is one of the only buildings to survive from the Pan-Am Exposition of 1901 and contains a stunning Japanese garden. The museum houses countless artifacts and exhibits about the region’s history, including the revolver that killed President McKinley. Actually, an infection killed McKinley, but those are causation issues to debate among yourselves. Shakespeare in the Park Tues.—Sun., June 23 - Aug. 21 Rose Garden, Delaware Park http:// shakespeareindelawarepark.org Second in size only to New York’s summer series, Buffalo’s Shakespeare in the Park celebrates 30 years this season. Run by UB’s own Saul Bellow this year the company is producing the old stand-byes of “Hamlet” and Romeo & Juliet.” Pack a picnic and look for what are likely to be new interpretations of classics. Buffalo News Free Summer Jazz Series Sunday nights, July -Aug. www.buffalonews.com/services/community/ programs/#jazz Good music and good scenery each Sunday night held on the steps behind the Albright Knox Art Gallery -- a perfect way to wind down before the work week. SUMMER FUN The Lake -- all day, every day An old planning committee thought that Amherst was the best place for UB, consequently you may not know that there’s a Great Lake right next to the city. The Hamptons it ain’t, but there are a series of beaches along Lake Erie’s shores including Woodlawn, Wendt, and Bennett parks. Sand, swimming and general beach activities included. The Erie County Fair Aug. 10-21 Hamburg Fairgrounds http://www.americas-fair.com/ Cotton candy, water balloon games and livestock -- county fairs are a portrait of Americana. If you’ve never been to a pig race or demolition derby this is your chance. HISTORICAL Wilcox Mansion/ Theodore Roosevelt Inaugural Site 641 Delaware Ave. http://www.nps.gov/thri/ Called back from a hunting trip in the Adirondacks, Teddy Roosevelt was sworn in as president wearing a borrowed suit at the mansion on Delaware and North. The house now serves as a museum and library dedicated to T.R. and the Victorian era in Amer- Erie Basin Marina Naval Park Tours by reservation, foot of Main & Pearl St. www.buffalonavalpark.org/ Who says there’s nothing to do on the waterfront? WWII ships the U.S.S. Little Rock, U.S.S. Sullivan and submarine the U.S.S. Croaker are permanently docked in Lake Erie for your educational enjoyment. The U.S.S. Sullivan, named for five brothers who died at war, forever changing military policy, is most interesting and supposedly haunted. Forest Lawn Cemetery 1411 Delaware Avenue, Sunday Tours http://www.forest-lawn.com It’s not creepy, it’s historical. Tours, given in air conditioned “coaches” narrate the stories and beautiful architecture of the cemetery. Individuals who take their final rest there include Millard Fillmore, the 13th President of the United States, Seneca Chieftan Red Jacket, and numerous supporting characters in American history. Darwin Martin House Tours by reserve., 125 Jewett Parkway http://www.darwinmartinhouse.org/ Designed at the height of the Prairie House Era, Darwin and Isabelle Martin gave carte blanche to Frank Lloyd Wright and his unique architectural genius in designing their home. Ignored for decades, the house continues to undergo renovations to restore it to its original glory. Your undergrad art history professor will be proud of you for going. UB.Opinon@gmail.com Student Bar Association 2004-2005 Award Recipients Executive Joel A. Giambra and Buffalo Mayor Anthony M. Masiello. The commission made its recommendations for a merger earlier this year, but the process has been put on hold as a result of the county's fiscal problems. UB alumnus and Buffalo Bills' offensive line coach Jim McNally, Ed.M. '68, B.S. '66, will speak on May 19, and Woodrow “Woody” Maggard, associate vice provost of the UB Office of Science, Technology Transfer and Economic Outreach (STOR) will speak on June 15. To register for the series, or for individual presentations, go to the “UB Connect” tab on the UB Alumni Association Web site at http:// www.alumni.buffalo.edu, or call the UB Office of Alumni Relations at 8292608 or 1-800-284-5382. The cost per program is $12 per person. — UB Newswire. 3L LEADER OF THE YEAR Jessica Ortiz, Yadira Ramos, Lauren Tamparo 2L LEADER OF THE YEAR Charles Choe, Ryan Crawford 1L LEADER OF THE YEAR Jason Joaquin Almonte STUDENT GROUP OF THE YEAR Buffalo Moot Court Board NEW STUDENT GROUP OF THE YEAR International Law Students Association FUNDRAISER OF THE YEAR Black Law Students Association: Lotus Bar Night COMMUNITY SERVICE EVENT OF THE YEAR Domestic Violence Task Force: Cell Phone Drive 10 may layout.indd 10 5/3/2005 9:18:05 AM �The Opinion May 2005 Continued: “The Victims: Spilt Milk In the Classroom” Continued from page 4 Yet, according to SAF, its goal is “to secure greater representation for underrepresented ideas and to promote intellectual fairness and inclusion in all aspects of the curriculum, including the faculty hiring process, the spectrum of courses available, reading materials assigned, and in the decorum of the classroom and the campus public square.” In other words, tyranny of a minority of individual students over university curricula and reading lists - a regulatory remedy for the protection of bad ideas, as illustrated by the market place OF ideas. It is illogical and disingenuous to suggest that the regulation of ideas is necessary or desirable among adults who have unfettered access to every ideology to which they may wish to subscribe - All of them. They are all available for consumption in the “political theory” section of Barnes and Noble and Amazon.com. As such, the suggestion that minority view points are prohibited from being expressed on campus, is well, an untenable position. The glory of institutions of higher learning is that virtually any viewpoint on the open market may be consumed by willing adherents, not that minority viewpoints should be subsidized by universities or programs within. Shouldn’t an argument stand on its own without SAF’s measure of viewpoint subsidization? Doesn’t this form of market tampering support the right of the individual to NOT be subjected to beliefs she finds objectionable without equal time being given to opinion consistent with, for example, fundamentalist Christianity, or fundamentalist Islam? This is not about the right of academics, professors, and students to espouse positions in an open forum. Russell Jacoby, professor in residence of cultural history at UCLA, aptly calls this proposition the “New PC.” In May of this year, columnist David Horowitz argued before the Ohio state Senate that his “Students’ Bill of Rights,” known in that state as Senate Bill 24, should be adopted as law because “all higher education institutions in this country embrace principles of academic freedom that were first laid down in 1915 in the famous General Report of the American Association of University Professors. The Report admonishes faculty to avoid ‘taking unfair advantage of the student’s immaturity by indoctrinating him with the teacher’s own opinions before the student has had an opportunity to fairly examine other opinions upon the matters in question, and before he has sufficient knowledge and ripeness of judgment to be entitled to form any definitive opinion of his own.’” Certainly, Horowitz has a point here - sort of. On the one hand, positions on public policy from all view points must be considered valuable and worthy of consideration; they should not be confined to “free speech zones.” But what about bad ideas not worthy of consideration, like alchemy, or physics, or whatever else an individual finds objectionable? Horowitz argues that “all too frequently, professors behave as political advocates in the classroom, express opinions in a partisan manner on controversial issues irrelevant to the academic subject, and even grade students in a manner designed to enforce their conformity to professorial prejudices.” Id. Ok, but what defines “political advocacy” in the class room? What issues are “controversial?” Is the illegality of torture controversial? If so, according to Horowitz, equal time must be given to those who advocate its practice as a tool of law enforcement. Must a professor assign reading to that effect? Is advocating racial equality “political advocacy?” If it is, then logically professors must direct students to white supremacists web sites as a source of scholarly insight. Horowitz, like the SAF, is effectively advocating that a judicial remedy be created to protect the conservative viewpoint in our universities. However, this remedy effectively bullies professors into introducing potentially intellectually dishonest material into course curricula. Effectively, equal time must be given to all contrary views, no matter how suspect, irresponsible, or reprehensible. That sounds like a pretty curricula to me. Finally, in Spring 2003, California economist Daniel Klein published a largescale survey of American academics, entitled How Politically Diverse are the Social Sciences and Humanities, by using academic association membership lists from six fields: Anthropology, Economics, History, Philosophy (political and legal), Political Science, and Sociology. The paper focused on one question: To which political party have the candidates you’ve voted for in the past ten years mostly belonged? Not exactly the scientific method. Klein states that “the question was answered by 96.4 percent of academic respondents. The results show that the faculty is heavily skewed towards voting Democratic. The most lopsided fields surveyed are Anthropology with a D to R ratio of 30.2 to 1, and Sociology with 28.0 to 1. The least lopsided is Economics with 3.0 to 1. After Economics, the least lopsided is Political Science with 6.7 to 1. The average of the six ratios by field is about 15 to 1. Thus, the social sciences and humanities are dominated by Democrats. There is little ideological diversity.” I find this to be a very clunky intellectual leap, because as Professor Jacoby states, “a whopping 70 percent of the recipients did what any normal person would do when receiving an unsolicited fourteen page survey: they tossed it.” David Jacoby, “The New PC: Crybaby Conservatives,” The Nation (April 4, 2005). Klein’s study originated under the notion that academia should reflect the overall makeup of the population. However, Klein seeks to extend this notion to include affiliation in political parties, by somehow drawing the conclusion that universities are predisposed toward indoctrinating students with leftist ideology in the humanities, and social sciences (including law). It’s just an odd proposition if one considers how may Democrats voted for Ronald Reagan, and how many Republicans voted for Bill Clinton. Klein’s study is perhaps the most widely cited “evidence” of the brainwashing of the American student. However, supporters of this notion rarely quarrel with the relative conservatism of economics, engineering, sports and business programs. Nor are they concerned about the current state of the makeup of the Pentagon, the Federal Judiciary, Congress, the Presidency, etc. – where public policy is made. Here, supporters are content to argue that the majority must have its rightful say, even if that “majority” is, in fact, not representative of the majority of Americans. If social and political parity is indeed the end goal, Rick Santorum, Donald Rumsfeld, and Antonin Scalia should hand in their resignations, in favor of more centrist policy makers, as majority of Americans do not share their radical views. I’ll give you five Spectors or McCains for every Frist or Santorum you have. I’ll read Anne Coulter as an addendum to Sullivan and Gunther in a Con. Law class, if you give me a moderate federal bench. I further propose that the Pentagon, CIA, and Justice Department abandon their quasiofficial practice of “rendering” terrorism suspects to states which commonly practice torture as a means of gathering intelligence – no matter how specious or faulty – because most Americans are in favor of the rule of law and standing by our international obligations. I propose that the major news outlets, which are owned by conservative multi-national corporations, relinquish their grip on popular media, and in the name of parity, I am more than willing to sit though a classes taught by religious zealots (of any faith) who espouse antigay, anti-immigrant, and anti-inclusiveness rhetoric. As educated adults aren’t we are perfectly capable of deciding for ourselves what policies we find acceptable, and those which we find objectionable? If you’re not capable of convincing others of your position based on the merits of your points, then what are you doing in law school? The Month in Review: Law School Dinners The Opinion 2005 11 may layout.indd 11 5/3/2005 9:18:09 AM �The Opinion May 2005 Book Review: The Kite Runner, by Khaled Hosseini By Jason Joaquin Almonte, ‘07 nternational novels seem to be taking America and the world by storm, and the latest in this long line, The Kite Runner, by Khaled Hosseini has not been left behind. It has made it onto bestseller lists around the world, and its list of positive criticism is quickly becoming endless. It is a fast, moving read – drawing the reader into the world of pre-Communism Afghanistan and one family’s flight from Afghanistan to California. Amir, the novel’s protagonist, is a vibrantly drawn character who, despite alienating the reader at times, jumps off the page and into the reader’s heart. Exposition of this character brings forth all of the conflict themes in the novel – universal themes that seem familiarly “American” despite arising in preCommunism Afghanistan. These conflicts: young-old, father-son, masterservant, bravery-cowardice, are inescapable. Amir is the son of a wealthy businessman. His father, Baba, is a true generalist: a shop-owner, an architect, a party planner. Baba is the classic “macho-man,” in an affable, almost allAmerican sort of way. He is a “grownup” athlete, a philanthropist with a dynamic sense of modern politics and a nonchalant disregard for Islam. Amir, on the other hand, is not athletically inclined whatsoever, and as a sensitive bookworm – is growing into someone his father doesn’t seem to like much. The thread between them is awkward and painful as it is never tender or gentle in the way Amir longs for. Their relationship, however painful to read, elicits sympathy from the reader and remains genuine throughout the novel. In a way, their relationship drives the story’s plot from start to finish. Baba and Amir also have two servants, Ali (Baba’s own boyhood servant and friend) and his son Hassan, expose the reader to the centuries old class division between upperclass Pashtuns, and the oppressed, Hazara. Hassan is Hazara, and Hosseini deftly explores this Pashtun-Hazara clash by following the two boys’ youth in Kabul. The divide between Amir and Hassan is wide, encompassing money, home, character, education, and ultimately what Amir envies most: family. Ali adores Hassan, and even Baba holds a special place in his heart for the boy. The novel’s first plot climax brings all four of these characters together in Kabul’s annual kite competition before following Amir’s travels through America and Afghanistan. Kabul’s kite competition is another representation of the The Student Bar Association congratulates the Class of 2005 significance of tradition in the novel, and in all the conflicts in the novel. Striving to please his father, and finally win his love, Amir enters the kite flying competition, actually remaining the last kite flying at the end of the day. Hassan is at Amir’s side the whole time – and what happens after is the first of many expressions of the novel’s profound, underlying theme sacrifice. To give it away would be to deprive the reader of the true jewels of this novel. The Kite Runner is yet another novel in the niche of “global nomad” books around today. Akin to Yann Martel’s The Life of Pi and even Nadine Gordimer’s The Pickup, it follows its protagonist from youth to adulthood and across national boundaries, even through the hoops that shifting from tradition to modernism bring us all. Amir is a dramatic character, and having his transformation brought out for the reader is truly an enjoyable one. Hosseini’s freshman performance skillfully paints landscapes from Afghanistan to California without ever alienating the reader. The Kite Runner is a definite read. Decompression 2005 and 3L Executive Board & Class Directors Melissa Cavagnaro Fatimat Balogun Jessica Ortiz Lauren Tamparo Alamdar Shah Brian Langenfeld Allen Blount John Rudy Steve Trynosky May 19th 9pm Cost: Free! Who: ABA Law Day When: May 1st Scoop: Check out www.abanet.org to learn more or join the ABA Law Student Division Who: President’s Council Meeting When: May, 5th at 7:30pm Scoop: Newly elected club presidents and treasurers get to be lectured by the SBA on the do’s and don’ts of running their club Who: Reading Period for Final Exams When: Saturday, May 7th and Sunday, May 8th Scoop: Are they kidding us? Reading period is a weekend??? Gee thanks...in case having limited library use is not bad enough. Who: Final Exams When: May 9th-19th Scoop: Bring it. This semester is almost over and I am ready for the summer! Who: Decompression When: Thursday, May 19th, free for law students Scoop: Location is still in flux at the time of publication, rumors have it at Pearl Street or Ya Ya’s...Do not miss this event! Who: Law School Commencement When: May 21st at the Center for the Arts at 1pm Scoop: Want tickets? Too bad. You can usher if you like, just speak with Dean Saran. 12 may layout.indd 12 5/3/2005 9:18:10 AM � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Opinion, 2005-05 Date Issued Date of formal issuance (e.g., publication) of the resource. 5/1/2005 Bibliographic Citation A bibliographic reference for the resource. Recommended practice is to include sufficient bibliographic detail to identify the resource as unambiguously as possible. 43 7 Publisher An entity responsible for making the resource available UB Law School State University of New York at Buffalo Law School Language A language of the resource eng Type The nature or genre of the resource Newspapers Text Is Part Of A related resource in which the described resource is physically or logically included. LIB-LAW003 Rights Information about rights held in and over the resource <a href="https://rightsstatements.org/page/CNE/1.0/">COPYRIGHT NOT EVALUATED</a>. The copyright and related rights status of this Item has not been evaluated. Please refer to the organization that has made the Item available for more information. You are free to use this Item in any way that is permitted by the copyright and related rights legislation that applies to your use. This digital collection is made available for research and educational purposes. Researchers are responsible for determining copyright status, and securing permissions for use and publication of any material. Copyright for items in this collection may be held by the creators, their heirs, or assigns. Researchers are required to obtain written permission from copyright holders and the University Archives prior to reproducing or publishing materials, including images and quotations. For inquiries about reproduction requests and permissions, please contact the <a href="http://library.buffalo.edu/archives/">University Archives</a>. If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/152bd5cbf9c17799c5d98d3e2c3c09df.pdf 5c906b4e62e9ef4d1b0460f3c4430bfa PDF Text Text THE OPINION UB Law School 101 O’Brian Hall Buffalo, NY 14260 Vol. 43, Issue 6 The Student Newspaper of the University at Buffalo Law School April 2005 Fire ravages Law School’s food court Three alarm fire during break damages library, classrooms and closes second floor By Caroline Brancatella, ‘07 t approximately 7:40 a.m. Saturday, March 19th, University at Buffalo Police were alerted to a fire alarm in the food court in O’Brian Hall. Although the food court was destroyed, the five local fire companies who responded were able to keep damage to the rest of O’Brian, which houses nearly all law school offices, classrooms and facilities, at a minimum. It occurred during the last weekend of UB’s spring break and fire officials believe that no one was in the building when it broke out; no injuries were reported. The University Provost, in conjunction with law school officials announced on Sunday March 20 that all law school and University scheduled classes in O’Brian were cancelled the following Monday and Tuesday, unexpectedly extending students’ time off. Although air quality testing showed no contaminates in the air, the decision was made in order to allow building clean-up to continue uninterrupted and to provide time for classroom reassignment said John Della Contrada of University News Services. All classes held off-site took place as scheduled. Although the Buffalo News reported the estimated cost of the blaze at both $200,000 and $250,000, Contrada said that number did not come from the University. Fire officials often offer early cost estimates according to general formulas, but at the Opinion’s press time the school was still in the process of calculating the dollar amount of damage. In terms of who will pay for repairs Contrada said, “O’Brian has been declared an emergency site, which brings the state into it. SUNY [State University of New York] is a state agency, so the cost now becomes a state issue, meaning that payment for the fire could come from a number of places, not just the University.” According to Contrada the cause of the fire remains unknown. An investigation by Town of Amherst and Erie County officials is underway. Despite its close proximity to the eye of the fire, the Law Library and its second floor O’Brian entrance yards away from the food court suffered only a layer of soot on all six of its floors. However, the first two floors, which experience the most student traffic, were the most affected. It is the only public law library in New York State. “The Library will be closed for a while,” says Vice Dean for Student Affairs Melinda Saran. “We will have arrangements to obtain books from the Law Library upon request. Further information will be given out as it becomes available.” While the fire was contained to a small area, all of O’Brian experienced a strong odor of smoke and burned plastic -- especially on the first through third floors. University Officials and the State Office of General Services immediately hired a private contractor to clean the building. One of the school’s large lecture halls, Room 106, was severely damaged by water. “Classes will be moved as Room 106 is unavailable. We will have postings and information e-mailed to students,” says Saran. She encourages all students to regularly check their e-mail, “Students must check their official UB e-mail. They should make sure they can receive ALL announcements, even those with attachments if they choose to forward e-mail.” Continued on page 3 SBA Casino Night Tuesday, April 5th Seneca Niagara Casino Room 106 remains shut with severe water damage after a fire rips through the Law School’s Food Court. Classes were canceled as crews work around the clock to repair smoke damage. Schlegel!-isms An Abridged List of a Professor’s Words of Wisdom By Mike Nisengard, ‘07 gonna work on how you make things up. chlegel! – both a name and an exclamation for There’s nothing wrong with lazy law students the grandson of an Chicago alderman who has except to me, because I like easy lifting as much as kept “instruments of intellectual torture” out you do. of his law school office. Where he keeps these The doctrinal understanding of contracts is stupid. instruments and how he utilizes them, while fascinating I never had faith in my surge protector cause if many leading forensic and psychological experts, has lightning hits the house all sorts of shit is gonna go befuddled and baffled many a law student who have haywire. walked in and out of his classroom. I know I’m weird if for no other reason The following list of “Schlegel!than my kids tell me and say things isms” – actual Schlegel! neural firsuch as: “You embarrass me when you ings taken directly from the classskip in parking lots.” room - is an effort to better underSometimes honesty is not helpful. stand the man who stands against Existential doubt is a waste of doubt – popular opinion by claiming that he be concerned about your children. is only “slightly mad.” The followLater in the day one is more tolerant of ing is Schlegel! at his best: lazy people, because you’re lacking Remember Big Bird – law is energy then too. about imagination. It’s your education – I get paid When you have shards in your whether you learn or not. hand remember – do not clap. I suggest that you wash real clean You’re paid to make a noise like each morning and real clean each a lawyer. If you’re paid well, it probably means you make good Professor John Henry Schlegel night because it’ll take a lot to make you a vaguely acceptable human noises. being. You should know at some point where your gut A good contracts claim should and your head meet – your heart. state: “I’ve been shit on!” Your job in looking at this case is to make an arguThe question is the answer, not an occasion for ment like you would make dinner with what’s left over thinking. in the fridge. The point is to make the facts sing… and of I had my own subscription to Fortune Magazine course, what song do you want them to sing? when I was 12 – now that’s fucking weird! You have no idea what to expect, but this is cerObvious is sometimes obscure. tainly not what you expected. I make it up – get comfortable with that. We’re Buses to leave from the Law School 1 �The Opinion THE OPINION April 2005 Volume XXXXIII, Issue #6 Co-Editors: Mike Mann, ‘06 Jenny Mills, ‘06 Staff Writers: Justin Whittaker, ‘06 Caroline Brancatella, ‘07 Justin Nifong, ‘07 Tracey Stephen, ‘06 Stephen Wyder, ‘07 The Opinion, 101 John Lord O’Brian Hall, Buffalo, NY 14260, (716) 645-6387, is published by law students for law students. The Opinion is the official student newspaper of the University at Buffalo Law School, State University of New York. Any reproduction of materials herein is not allowed without the express consent of the Editor-in-Chief and the piece writer. New submissions of articles, cartoons or advertisements are always welcome and may be submitted to The Opinion mailbox in the SBA office, or via email to the editor at UB.Opinion@gmail.com. The staff reserves the right to edit articles for length, grammar and spelling. The Opinion will also not print any libelous or anonymous material. Students, faculty and members of the community are all strongly encouraged to submit writings. The Opinion does not endorse any of the articles and opinions stated within its pages. State Court of Appeals to Attend Distinguished Alumni Awards he Chief Judge and the six Western N.Y. chapter of the Women’s Associate Judges of the New Bar Association, commemorates the late York State Court of Appeals Justice Denman, presiding justice of the will be the honored guests of New York State Supreme Court’s Appelthe UB Law Alumni Association at the late Division, Fourth Dept., and the first Association’s 43rd Annual Meeting and woman to be named its presiding justice. Dinner, to be held Thursday, April 14th, Denman graduated from UB Law at 6 p.m in the Hyatt Regency Buffalo. School in 1965 as class valedictorian At that time, the alumni group will prewhile a single parent. sent Distinguished Alumni Awards to Seated on the dais at two graduates of the Univerthe dinner in addisity at Buffalo Law School tion to Chief Judge and to a non-alumnus for Kaye will be the their valuable contributions to Associate Judges: the legal profession and comHon. George Bundy munity. Smith, Hon. Carmen The dinner will be a part Beauchamp Ciof a historic visit by the parick, Hon. Albert judges who serve on the State M. Rosenblatt, Hon. Court of Appeals bench, as Victoria A. Graffeo, they convene for the first Hon. Susan Phillips time in Buffalo at the invitation of the Law Alumni Asso- Chief Judge Judith Kaye Read and Hon. Robert S. Smith. ciation. On April 14, from 1 Pfalzgraf will be honored “for his p.m. to 4 p.m., the judges will hold court in the Ceremonial Courtroom, 92 Frank- many contributions to the betterment of our community.” Of counsel to the firm lin St. of Pfalzgraf Beinhauer & Menzies LLP, Dinner honorees are David R. where he focuses his practice on elder Pfalzgraf ’68 and Diane F. Bosse ’76. law, Pfalzgraf is highly regarded and The alumni association also will recogwidely respected for helping to educate nize Chief Judge Judith S. Kaye, a non-alumnus, who will receive a special the legal profession about alcoholism, chemical dependency, stress, depression tribute for “outstanding service to the and other mental health problems. His university and community.” leadership has assisted numerous bar Judge Kaye will make a special associations and lawyer assistance propresentation of the Justice M. Dolores grams in developing and maintaining Denman scholarship award to a UB law methods of providing effective solutions student who is a custodial parent. The for recovery. scholarship, funded primarily by the Bosse will be honored “for her commitment to public service.” She is chair of the five-member New York State Board of Law Examiners, which is responsible for the preparation, administration and grading of the New York State Bar Examination and for the determination of related policy and administrative issues. Bosse also is currently secretary of the National Conference of Bar Examiners. A partner in the Buffalo firm of Volgenau & Bosse, she is engaged principally in the defense of personal injury claims with particular emphasis on product liability and toxic tort claims for self-insured and insurance company clients. Judge Kaye will be honored “for outstanding service to the university and community by a non-alumnus.” Chief Judge of the State of New York, she was appointed by Governor Mario M. Cuomo on February 22, 1993, confirmed by the State Senate on March 17, and sworn in on March 23, 1993. She is the first woman to occupy the State Judiciary's highest office. She became the first woman to serve on New York State's highest court when Governor Cuomo appointed her Associate Judge of the Court of Appeals on September 12, 1983. A limited number of student tickets will be available through the Student Bar Association. Look for emails and flyers as the dinner nears or stop by the SBA office or the Alumni office on the third floor of O’Brian Hall. The Politics of TheAmericanSystemDependsonIntegrityoftheLaw MilitaryRecruiters By Stephen Wyder ‘07 on Campus By Caroline Brancatella, ‘07 hat price would you put on the law’s integrity? The rule of law is a concept, which permeates American society. Law is the great equalizer. From the lowliest ditch digger to the President of the United States, all are bound by its prescriptions. The rule of law, among others things, distinguishes our society, our system, from totalitarian regimes. Regimes where arrogant men and women, contemptuous of the people’s will, craft rules fit to their whims. In The Tempting of America: The Political Seduction of the Law, former federal circuit judge Robert Bork recounted an exchange between two of America’s greatest legal figures – Supreme Court Justice Oliver Wendell Holmes and Judge Learned Hand. The two met for lunch, and as Justice Holmes drove away in his carriage, Judge Hand, in a moment of enthusiasm shouted to him, “Do justice sir, do justice.” Holmes stopped his carriage and reproved Hand, saying, “That is not my job. It is my job to apply the law.” Legitimate laws, enacted through legitimate political process exert centripetal force on society, guiding, sustaining and reinforcing behavior deemed necessary by the law making body – in our case, a legislature. But what of bad laws? What of laws foolishly enacted, or enacted with good intentions but with unintended results? Change the law. Americans have the rare and wonderful right to, metaphorically speaking; demand their elected representative’s head on a platter when we are unhappy with the laws our elected officials enact. The founding fathers created a system of popular rule. They intentionally insulated that system from inevitable fluctuations in popular passions with structural checks and balances. In doing so, they created a system where, generally speaking, laws are well reasoned and debated, rather than snapshot responses to surging and ebbing emotions. Free political speech and public debate are hallmarks of the American system, one, made sacred by the First Amendment to the U.S. Constitution: Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or of the right of the people peaceably to assemble, and to petition the Government for a redress of grievances. The political and legal processes, properly followed, lend legitimacy to the law. This process is of paramount importance. When a law is legitimately enacted by the legislature and enforced by the courts, the people’s authority is behind it by virtue of the authority given to elected lawmakers by the electoral process. The political process, which allowed elected representatives to create a bad law, also allows them to repeal that law with equal legitimacy. Likewise, this process binds a court to interpret the letter of the law. An honest judge cannot insert his or her personal beliefs into the court’s decisions – they must follow the black letter and plain intent of the law. America’s entire government system is rendered legitimate by these processes. Laws may change, elected officials come and go, as do judges, law enforcement officers, and civil servants; but the process remains constant. It is the cornerstone of our government. Without the process lending legitimacy to legislative acts, and court decisions, our government would no longer be a Republic, but an Oligarchy where government officials and judges may act without regard to the people’s will. Given the importance of legitimate process in the American system, as a law 2 student, this author finds the current trend in the legal community toward applying a lawyer or judge’s personal conceptions of justice instead of the law’s written letter greatly disturbing. I use the word “conceptions” intentionally. Each person brings with him or her, a slightly different view of “justice” from the next person. Our perceptions of justice also change as we experience life. What seems just to us at age twenty changes by age forty and sixty. When lawyers and judges depart from the law’s black letter because the result it prescribes is unjust in our minds, we do a disservice not only to the legal community, but also to our entire system. Unless judges, lawyers, elected lawmakers, and government officials follow the written law, as it physically exists, the entire rule of law conception may as well be a sham. Rule of law exists only when people subordinate their personal opinion to the rules established by a legislature, and resort to the electoral and political process to change laws they do not like. Whether or not we agree with the law is irrelevant when applying it – that is why we have the right to petition the Government for a redress of grievances. We elect representatives and share our policy preferences with them in the political process. Our job in the legal process is simply to apply the law. Without judges and lawyers whose sole concern (in their professional capacity) is applying the law, at it exists, the rule of law becomes little more than the rule of one man or woman’s opinion. I ask again. What price would you put on the law’s integrity? Vote in the Student Bar Association Executive Board Elections April 12th-13th n February, University at Buffalo Law School’s Office of Career Services helped students arrange interviews with a recruiter for the United States Military. Schools across the nation act in the same way -- sending e-mails and arranging meetings -- or face losing millions of dollars in federal funds. For the moment schools in New Jersey, Delaware and Pennsylvania, which encompass the Third Circuit, no longer have to worry after last year’s ruling on Forum for Academic & Institutional Rights (FAIR) v. Rumsfeld, which said such policies violate the First Amendment right to protest. Nor does Yale Law School, according to a recent District Court of Connecticut preliminary injunction. Since the early 1990’s universities have complied with a controversial law known as the Solomon Amendment. In 1994, the late Gerald Solomon, a New York Republican proposed legislation to deny universities federal funds if they refused to allow military recruiters on campus. Requirements have been tightened a number of times, most recently in 2002. Accredited law schools are members of the Association of American Law Schools (AALS), which states that schools must comply with a non-discrimination notice that includes sexual orientation. Moreover, it requires any potential employers a school puts its students in touch to sign the statement. The military’s policies do not comply with AALS’s notice and therein lies the rub. It is this conflict that contributed to the Third Circuit ruling. 12 law schools were represented in FAIR, UB not among them. The Department of Justice has stated its displeasure at the Pennsylvania appealed to the Supreme Court. Continued on page 5 �The Opinion April 2005 ANote from the President Fire in the Food Court By Michael Mann, SBA President t is that time of year again! As we enter the month of April, some of your classmates will be running in Student Bar Association Executive Board Elections. It is your chance and responsibility to vote them up or vote them down. Each student has a vote—1L, 2L, 3L and LL.M. — and you should use your vote to support a candidate who will represent our Law School well. In last year’s election, the presidential race was very close, and I write this note to ensure the same is true in this year’s election. Only with a competitive campaign season can new ideas emerge about the future of the law school, and be discussed and challenged in a public setting. If you are a student leader considering whether to enter the race, I advise you to do so. The SBA is always in need of fresh new faces, and welcomes candidates with big plans and creative ideas. There is no trick to serving as SBA president, all you need is a desire to serve the student body and make UB Law a little better than it was before you took office. After elections, there is a month of transition with the current executive board, so you will not be stuck without a paddle. However, if student government is not for you, certainly a good law school is. Therefore, it is essential that you cast your ballot for the student leaders who would best represent not only your interests, but the interests of the entire student body. This is your chance to have your voice heard. If you choose not to speak up, you cannot complain about the way things are done (well you can complain, but no one will listen). I wish all of the candidates in this year’s SBA elections the best of luck, and hope to see all of my classmates at the election polls! SBA Elections April 12th & 13th CONTINUED FROM PAGE 1 In addition to Room 106, classes held in rooms 543A and 630 were rescheduled for the rest of the semester. Some faculty and staff were allowed in the building the Monday after the fire, but the building was locked to most. To accommodate first-year students participating in the Law Review’s casenote competition, which adheres to strict deadlines, University Police helped set up a table near O’Brian’s first floor entrance to accept completed articles. As students returned Wednesday, the University sealed off the 2nd floor corridor of O'Brian Hall, blocking access to law lockers located in that area. Unless a student requested otherwise, Student Services removed the contents of each locker. Separate bags for each locker’s belongings could be picked up in Student Services. When students returned on Wednesday March 23 students faced only a few inconveniences. The building was cool, as heating and cooling systems were not operation until the following week and the student mailboxes, which had been located in the food court, were completely destroyed. The library remained closed, but law services were provided via Lockwood library, a short distance from most law school classes. “Seven years ago, the food court as we knew it didn’t exist. It was a dirty room with graffiti on the walls. At the request of former Dean Barry Boyer, I was responsible for turning it -- as well as the first floor student lounge -- into lovely spaces that law students could use and enjoy. You can imagine my heartache when fire destroyed the food court and the lounge was covered in soot,” said Dean Ilene Fleischmann. “We are so lucky, that the fire wasn't worse than it was. The lounge is being cleaned, and will be as good as new-- and the food court is being redone. It will be even better than before.” Barrister’s Ball April 16, 2005 Statler Towers, Buffalo 8pm CareerServicesKnocksonNewDoors Using faculty and alumni resources in new ways ometimes the friend-of-a-friend can help you get through closed door. That is the philosophy behind a fledgling set of efforts by UB Law School alumni, faculty and staff aimed at broadening the range of employment opportunities for UB Law students. The initiative grew out of a meeting of the Dean’s Advisory Council, a group of prominent UB Law alumni who work with Dean Nils Olsen to bridge the gap between academics and legal practice. “The DAC has been wanting to find a way to help the school place students in good jobs – places the alumni have access to, places the students have not gone before,” says Lisa M. Patterson, associate dean for career services. As an initial attempt to accomplish that, DAC member Bradley Gayton ’91, director of global trade for Ford Motor Co., referred to the Law School a tax consulting firm with which he had contact. That firm interviewed nine students on campus and hired Rosemary Garlapow, now a third-year student, for an internship in summer 2004. “That particular firm was doing work for us at the Buffalo Stamping Plant,” Gayton says. “The firm is based in Michigan, but it does tax consulting work throughout the country as well as in Canada and Europe. They were in the area, so that worked out nicely.” Similarly, DAC member Gary DeWaal ’80, senior executive vice president and group general counsel for Fimat USA, in NYC, came to UB Law when his firm hired interns for the first time. “We had an immediate need,” DeWaal says. “We always seem to get behind on some projects. I thought we would try starting a program using legal interns.” The students, Katie Walsh and Anthony Jordan, enjoyed some real-world lessons in exchange-traded derivatives, not to mention a visit to a Brooklyn Cyclones Class A baseball game. Tickets on sale now for $20 Hosted by the Student Bar Association ration. The bigger opportunity is to try to Three other alumni have been welinfluence all the firms we are doing busicoming UB applicants for internships ness with that are serving as outside counnext summer with their New York City sel.” firms – highly desirable opportunities for At a recent Dean’s Advisory Council our outstanding students. meeting, the career services subgroup The broader initiative, Patterson examined its charge says, bolstered by a to “place more of our sophisticated new good students in top brochure with testimonials from six UB firms and great Law grads at top jobs.” “We discussed the various parts of New York City law that proposition,” firms, is “really a way to get the alumni Conklin says. “Are to think more broadly we only looking to about hiring. In some place the good stuways, the name of dents? What is a top the game is exposure. firm? What is a great job? If you have someone “We discovered in who is willing, espeour meeting, happily, cially someone who that the people who has a relationship volunteered to parwith the employer ticipate in that disand can intervene cussion actually repand talk UB Law resented a large School up as an number of the possialumnus, that goes a bilities. One of them long way.” Gayton, with was the district attorHodgson Russ attorney of Erie County. DAC member Gary DeWaal, ‘80 One was a U.S. magney Robert Conklin istrate. One was sen’68, is heading a subcommittee of the Dean’s Advisory Counior partner of a very excellent litigation cil looking at such career services issues. boutique firm. One was a former partner He notes that the effort is in its infancy in two extraordinarily large firms in New and would benefit from the support of York City and is now a partner in a modother alumni in law firms, corporate posi- erately sized firm in New York that is a tions and public service agencies. growing semi-boutique organization. Two “We want to solicit people in firms other people, Brad and myself, are in big to consider students’ resumes even if they firms. Other than private employers, we are not committed to coming on camhad a lot of the bases covered.” pus,” Gayton says. “For those people “One of the things we talked about who have non-traditional careers inwas presenting to the entire DAC mechahouse or working in business, if there is nisms whereby representatives of the an opportunity to influence the firms they DAC can use their own contacts to exare working with to get them to consider pand the reach of the placement office. students, that would help a lot. They can It’s a question of penetrating the hard encourage the firm to step up, whether it places to get into.” is a non-firm clerkship or inside a corpoBut the effort, Conklin said, may 3 Purchase your Law School Yearbook today Only $25 Sponsored by the SBA pave the way for future job-seekers: “If we can put more Buffalo graduates in the extraordinarily well-known larger and out-ofBuffalo places, then in the next 10 years, that will make those places more likely to accept Buffalo resumes. We have an intermediate and long-range plan to not only place people for the sake of placement, but also so the next generation of hiring partners will be sympathetic to Buffalo students.” Increasing placement opportunities is not limited to alumni and staff. A new faculty advisory committee is in place to support efforts by the Career Services Office in three areas: large-firm and medium-size firm practice in new geographical areas; public interest; and judicial clerkships. Professor and vice dean Susan Vivian Mangold chairs the five-person faculty committee. She notes that, increasingly, those hiring for corporate attorney positions and judicial clerkships are looking for applicants with legal experience. That means, she says, the necessity to identify students with interest in such work, counseling them about the realities of entering the field, and keeping track of them so that when they have some experience, the placement process can begin. “There was never any faculty committee charged with making these collaborations happen,” Mangold says. “It was just Lisa asking us individually if we knew students who would fit particular jobs. This is an effort to enhance the services that the CSO can provide by using faculty resources and alumni resources in new ways.” And though the preponderance of UB call New York home, Mangold is convinced that “there is this hidden group of students that will consider seeking employment opportunities outside the state. We thought we could build up some databases and resources and connections and lines of communication in markets that we haven’t tapped before but we think have a lot of potential: Detroit, Pittsburgh, Cleveland, parts of New Jersey, parts of the Southeast.” — UB Newswire �April 2005 The Opinion Opinions & Commentary Round 2: Foreign Nationals on Death Row By Jenny Mills, ‘06 Loyal readers (all two of you) may remember a piece I wrote back in February dealing with the upcoming SCOTUS case, Medellin v. Dretke, Docket # 045928. That case, to be argued on March 28th, deals with whether the United States must apply the holdings of the World Court in Lagrand and Avena, which state that the US must give review and reconsideration to foreign nationals whose rights were adjudicated by the World Court. The basic idea was that the US signed and ratified the Vienna Convention which says that when a foreign national is arrested on foreign soil, parties to the treaty must inform the foreign national’s consul that they have been detained and must provide the foreign national consular assistance if they want it. The US failed to do so in any number of cases and there are currently fifty something Mexican nationals sitting on death row who were never provided with this assistance. They brought suit against the US in the World Court, under the Optional Protocol to the Vienna Convention, which says that the World Court will arbitrate any matters arising between nations over the provisions in the Convention. Since publishing the first article, much has happened with this case. On February 28th, in what many view as a preemptive strike, President Bush ordered state courts to provide the review and reconsideration mandated by the World Court. The Solicitor General simultaneously filed an amicus curiae brief on behalf of the US (in support of Texas –respondent in the case) in which they argue that cert should be withdrawn because of procedural issues involving whether or not a petitioner can be given a certificate of appeal (COA) on a claim arising from a treaty violation. However, procedural questions aside, the interesting part comes after the procedural nonsense is addressed. First, the SG argues that the president, not the courts, is the only entity, for lack of a better word, that can order the states to comply with the World Court’s decision, via an executive order, much like the aforementioned February 28th order. Next, Letter to the Editor Iraqi war restores our foreign credibility We are witnessing the first birth pangs of a new era in Middle Eastern history. Regardless of one’s opinion on the merits of the Iraqi invasion, there can be no doubt that the credibility behind American foreign policy has been restored. Consider, for example, the events in February following Iraq’s successful, free election: Calls for free elections in Egypt – the Arab world’s most populous nation; popular demonstrations on Lebanon's streets demanding that Syria remove its presence and allow the Lebanese people self determination; the Saudi Arabian government allowing local government elections for the first time. The Iraqi people have a long way to go before they will have built for themselves a stable, functioning democratic government. The road will be long, winding and fraught with peril. Such is the nature of any daring revolution. The American republic itself exists only through the blood, sweat, and sacrifice of men and women who understood that one may achieve no greater honor than death in pursuit of freedom. In General George S. Patton’s words, “It is foolish and wrong to mourn the men who died. Rather we should thank God that such men lived.” Any brash attempt at change risks failure, and indeed Iraq’s democratic experiment may fail. But, a wit once said, “He who dares wins.” It is hard to imagine a people who, for the sake of self rule, braved the very real threat of death and maiming at the hands of suicide bombers on January 30th, 2005, going down without a fight. For the moment, my money is on the Iraqi people. Stephen Wyder ‘07 spwyder@buffalo.edu the SG says that because we signed the Vienna Convention and the Optional Protocol, we must be bound by them and the states must give review and reconsideration to the 51 Mexican nationals involved in Avena. But it gets even crazier… On March 7th, Secretary of State Condoleeza Rice notified the UN that the US would be withdrawing from the Optional Protocol to the Vienna Convention. That means we refuse to let the World Court arbitrate these matters any more, even though historically, we were the driving force behind the creation of the Optional Protocol. However, it is unclear at this point whether or not the withdrawal will be immediately effective or if it will even be accepted by the UN. On the heels of this action, the petitioners filed leave for a stay so that they could pursue the matter in the state courts now that Bush has made an executive order demanding that the states comply with Avena. Then the SG sent a letter to SCOTUS saying that the US no longer is bound by any determination of the World Court. Then on March 15th, Texas filed a brief arguing that Medellin’s stay should not be granted and the Court should continue with its plan to hear arguments on the 28th. Texas is also claiming that the President does not have the authority to order states to comply with Avena. The Court acceded to Texas’ wishes and deferred any question on whether or not to grant a stay until after oral arguments on the 28th. Additionally, the Acting SG will now be participating in oral arguments, sharing time with the respondents. At this point it is anyone’s guess how this mess will turn out. What started as a fairly straightforward case regarding international law has now taken on many different other questions such as whether or not he president has constitutional authority to order state courts to reopen cases, whether the president or the courts can enforce treaties, whether we can arbitrarily withdraw from treaties just because we don’t like it when we’re forced to comply with them, etc. It seems fairly likely that after Want to write for The Opinion? Want to be an Editor, Columnist or sell ads? UB.Opinion@gmail.com Save the Date for the OUTlaw Annual Banquet Wednesday, April 27th at the Submit your letters to the editor at Hyatt Regency UB.Opinion@gmail.com Downtown, Buffalo 4 argument, the Court will simply dismiss the cert as having been improvidently granted and let the states duke it out themselves, which is exactly what the Bush administration wants, since that will confine the issue to only the 51 Mexicans on death row that were involved in Avena. This way the US can continue to violate the Vienna Convention and basically be immune from being forced to comply with it by the World Court. Score 1 for Bush and 0 for Justice and Fairness. Students of Color Annual Dinner Friday, April 8th The Marriott Hotel Amherst, New York Sponsored by: SBA, AALSA, BLSA, LALSA, SubBoard I, Dean’s Grant Novelist Salam Rushdie to speak at Alumni Arena nternationally acclaimed novelist and public intellectual Salman Rushdie will speak on April 28. The lecture is sponsored by the Graduate Student Association. Rushdie is perhaps best known as the author of "Midnight's Children" and "The Satanic Verses." The latter novel was deemed sacrilegious by Iran's Ayatollah Khomeni, who in 1989 issued a fatwa calling on zealous Muslims to execute the writer -- who was forced into hiding -- and the publishers of the book. Rushdie went on to produce some of his most compelling work, including "The Moor's Last Sigh" and "The Ground Beneath Her Feet," while living in exile under the constant threat of death. His most recent book, "Step Across This Line: Collected Non-Fiction, 1992-2002," explores his own reaction to the fatwa, as well as reactions of the media and various governments. In most of his works, Rushdie draws on his unique upbringing and personal history to make bold statements about modern life. An astute and informed observer of events in the Middle East, Southeast Asia and other hotspots, Rushdie argues that America and its allies must do a better job of evaluating the gains being made by the current "war" on terror, versus its costs -- in lives, international cooperation and the goodwill of the very people who the effort is designed to liberate. Rushdie's answer to the question of how to create a safe world that isn't in some way also an authoritarian world is that we must not allow ourselves to be frightened out of our own morality. Rushdie is an honorary professor in the humanities at the Massachusetts Institute of Technology and a fellow of the Royal Society of Literature. He attended Cambridge College, where he studied history. Tickets are available at Tickets.com and the Alumni Arena Box Office. —UB Newswire �The Opinion April 2005 ThePoliticsofMilitaryRecruitingonCampus: A Look at the Solomon Amendment Continued from p. 2 The politics that helped inspire the Solomon Amendment date back more than a decade. Unable to make good on a campaign promise to remove the ban on gays in the military after Congress put a temporary moratorium on alterations to armed services policy, President Bill Clinton proposed the controversial compromise of “don’t ask, don’t tell.” Officers do not ask about sexual orientation and no member of the armed services is supposed to broadcast his sexuality. However, if a gay individual breaks the omerta he is subject to dismissal. The matter is especially exacerbated in the wake of the war in Iraq. Last December the New York Times reported that, “the military has announced the recall of 5,674 veterans since June, but has discharged 6,416 soldiers under its ''don't ask, don't tell'' policy since 1998, including 1,655 since the wars in the Middle East began. Although he disagrees with the military’s policy on gays, third year law student Steve Trynosky, a former Army Health Professions Recruiter believes that the underlying issue in the latest round of court challenges is not “don’t ask, don’t tell,” but Iraq. “Law Schools, since Vietnam, have been uncomfortable with a military presence in any capacity. ‘Don’t ask, don’t tell’ merely poses the only legally or morally plausible argument for them to challenge the military in this era. Were ‘don’t ask, don’t tell’ struck down or repealed, I truly believe that many law school administrators would still seek a different rationale for challenging JAG recruitment.” He points out that the current war and the critical personnel shortages the military faces are exactly why recruiters should be welcomed on campus. “It is essential that we have young leaders and officers of conscience and character serving in these situations. Liberally educated and humane lawyers are precisely who we should want dispensing legal counsel, conducting military tribunals and interpreting the Geneva and Hague conventions when targeting decisions are made,” he says. Young JAG attorneys, many only a year out of law school, do all of this and more. A young Army JAG Captain is quite literally "the public face of the rule of law" for combat brigades of over 3,000 soldiers in Iraq.” While many law schools, including Harvard who has a long and contentious relationship with the military, have applauded the recent decisions, reactions are mixed. The Court’s ruling does not require a school to ban recruiters but they may choose to. Senior Judge William M. Acker of the Northern District of Alabama, recently sent a letter to the school stating that he would not be hiring Yale law students as clerks due to new policy. The school’s web site attempts to clarify the controversy by saying that Yale does not ban recruiters, it simply chooses not to directly assist them. A student may meet with military officials on school grounds, but must make the arrangements themselves. “I think Yale's reasoning and intent is commendable. If Yale can ban recruiters, I'm certain it won't be too long before other schools follow suit, the current difficulty the military is having in recruiting will probably result in recruiters signing the non-discrimination pledge, and the military removing its don't ask don't tell policy,” says James Greenway, president of UB’s Veterans’ Fraternity. Past UB law school deans have enforced different views on the matter. In 1988 then Dean David B. Filvaroff banned military recruiters from the school, a year later then-UB President Steven B. Sample overruled him. But in 1993, a Manhattan Supreme Court Judge found an executive order by former governor Mario Cuomo which prohibited discrimination by executive branch agencies on the basis of sexual orientation, applied to universities. By choosing not to appeal the decision, NY State effectively Continued on page 8 Passing Fancy: UB grads achieve higher passing rate on the state bar exam n increase in the rate at which new graduates of UB Law School succeed on the NY State Bar Exam has instructors, administrators and students celebrating. In July, among UB graduates taking the bar exam for the first time, 80.2 percent passed. That rate, about 3 points above the state average, was up 7 points from the previous mark for UB grads. Dean Saran, works with students to ensure bar passage. She cited several factors for the welcome increase, including the strong academic credentials of UB Law students. During the spring semester, she said, 3Ls are offered a free six-session barpreparation course by BAR/BRI. The course reviews the scope of the two-day exam and addresses essay writing and substantive topics. “What we try to impress on them,” whether candidates have the knowledge, Saran said, “is that you have skills and abilities that they to take it seriously; you need need for entry-level practo study. If you do all these tice,” Bosse said. “The inthings, you won’t have to be crease in the bar passage back in February. I impress rate at UB indicates that UB on them that you only want Law graduates are better to do this once.” prepared to enter the pracFor those who do not tice of law, and that is very succeed on their first try, she significant. said, “you have to wait six “It means that everybody months to take it again; you there is doing a better job, could lose a job offer; your and they have achieved this loans come due. It is a very result while maintaining difficult situation.” UB’s commitment to having Diane F. Bosse ’76 a diverse student body. They views the test results from are not just passing the bar Bosse ‘76 her standpoint as chair of the exam in better numbers, but state Board of Law Examiners. She is also they are better prepared to practice. I am a trustee of the National Conference of Bar proud of what UB Law has done.” Examiners. Bosse speaks at the Law School to “The bar exam is designed to measure prospective exam-takers, to try to demys- tify what seems like a daunting ordeal. “I try to tell them a little about the basics of the bar exam so they understand what it looks like, what it is, what the questions are based on,” she said. “Things like understanding the structure of the essays and the importance of reading closely and answering the question, and not volunteering a lot of extraneous information, as well as how we grade the exam. “There is so much hype and myth that surrounds the New York bar exam,” Bosse said. “Calming people down is a big issue. These are people who have been successful in their lives, and they should not be deterred by a lot of the hype that surrounds the New York bar exam. It is a test, but law students are used to taking tests.” — UB Newswire Jay-Z or 50 Cent: Comparing Today with Yesterday By Rick Johnson, ‘07 hen 50 Cent hit the hiphop scene, his first hit “dissed” many other hiphop stars, including JayZ, in the hit song “The Mad Rapper.” Jay-Z came back and said in his song, “It’s Hot”: “I’m about a dollar, what f*** is 50 Cents.” I am sorry, I don’t mean to cuss, but as a journalist I feel it is important to give an accurate account of what a person has said. Before Jay-Z had “beef” with 50, or Tupac had beef with Biggy, Booker T. Washington and W.E.B. Dubois had beef. Washington was the leader of the more conservative blacks and DuBois the leader of the more radical blacks. According to my Research and Writing professor, you should never cite solely to secondary authority, but secondary authority can be good to look at first because it can relate you back to the primary authority. Maybe law school is making me over analytical but I want to point out that the radicals and conservatives are at it again. When Jay-Z said “I’m about a dollar” he was saying what Booker T. Washington said nearly a century ago, that blacks can have more than 50 Cents. According to W.E.B. DuBois’ “The Souls of Black Folk,” “easily the most striking thing in the history of the American Negro since 1876 is the ascendancy of Mr. Booker T. Washington.” DuBois ac- knowledged much of Washington’s success of wining sympathy from whites through his program of Industrial Education, Thrift, conciliation and silence to the southern whites. Booker T. Washington would follow Frederick Douglass in becoming the next leader of the American Negroes. In Booker T. Washington’s book, “Up From Slavery,” he wrote, “I said that any individual who learned to do something better than anybody else. Who learns to do a common daily task in an uncommon manner, has solved his problem, regardless of the colour of his skin, and that in the proportion as the Negro learned to produce what other people wanted and must have, in the same proportion would he be respected.” Booker T. was much more optimistic than DuBois, but surprisingly DuBois early on in his career agreed with much of Booker T. Washington’s philosophy. DuBois wrote in his Pride and Prejudice speech, “There is in this world, no such force as the force of a man determined to rise.” However, DuBois would become the leader of the more radical Negro establishment starting with his classic book, “The Souls of Black Folk.” In the book he writes that, “in this American world, a world that yields him no true selfconsciousness, but only lets him see himself through the revelation of the other world.” I must admit, that if I had a 5 choice to dine with either Washington or DuBois, I would probably pick DuBois, yet I believe many of Washington’s philosophies are still relevant to today’s world. If this is really such a racist society, people of color should think about not relying upon whites to solve their problems. Booker T. Washington’s doctrine was not as simple as pulling yourself up from your bootstraps, he often showed sympathy for the Negro. As in “Up From Slavery,” Washington wrote, “The world should not judge pass judgment upon the Negro, too critically or too harshly. The Negro boy has obstacles, discouragements, and temptations to battle with that are little known to those not situated as he is. When a white boy undertakes a task, it is taken for granted that he will succeed. On the other hand, the Negro youth starts out with the presumption against him.” W.E.B. DuBois concurred many times with Washington as DuBois said, “The Negro is given charity, but what he really needs is justice.” He also stated, “the Negro has nothing but friends, most of which are ready to lynch his soul.” In actuality both DuBois’ and Washington’s philosophies can be used to solve many of the Negro’s problems today. Booker T. Washington said blacks could have more than 50 cents by developing a self-reliance, a self-sufficiently. DuBois was a tireless black intellectual who re- minded blacks of the there greatness. In his book “Darkwater” he stated, “Especially do I believe in the Negro: in the beauty of his genius, the sweetness of his soul, he the strength in that meekness which shall yet inherit this turbulent earth.” Maybe law school is making me too analytical but Jay-Z’s life is quite similar to Booker T. Washington’s life. Jay-Z grew up poor in the projects, as explained in one of his hit tunes, “Hard knock life,” to become one of the most popular rappers in America. Jay-Z’s creation of Rock-a-fella Records, along with his album Blue-Print, is an excellent example of an entrepreneurship and Washington’s economic philosophy for black Americans. Washington had a hard knock life as well. He had to overcome slavery, struggle to find an education, handle the racism in the post reconstruction era where he faced the “Ku Klux” along with the harsh southern prejudice. Yet, Washington managed to start the Tuskegee school of agriculture for African Americans and become the greatest spokesperson for the Negro cause in America. At one point in Booker T. Washington’s life he talks about what he did with only 50-Cents, “I reached Hampton, with a surplus of exactly fifty cents with which to begin my education.” African Americans must realize that even if you start with just fifty-cents, even in this racist society, eventually if you are careful, work hard and you can have more than fifty cents. — Contact Rick Johnson at dj6@buffalo.edu �The Opinion April 2005 Faculty Spotlight Professor Mangold: Deanforacademicaffairsischildren’sadvocate,scholar&teacher rofessor Susan Vivian Mangold, UB Law School’s new vice dean for academic affairs, says of her administrative responsibilities: “This is an exciting time. Vice Dean Peter Pitegoff worked with Vice Dean Dianne Avery to establish a template for the job. Because the curriculum is dynamic, it is always a challenge. But the registrar, Karen Cowart, and the dean for student affairs, Melinda Saran, do such a fantastic job, I am looking forward to working with them and Dean Olsen on our academic program.” Mangold has managed to think creatively and work effectively with a team in the past. As a children’s advocate, scholar and teacher, she continues to pack plenty into her daily 24 hours. As vice dean, she will carry a reduced teaching load, though she still will teach the first-year Civil Procedure class and a course on Child Welfare Law, and will team-teach the Family Law Colloquium course. The administrative position has responsibility for operation of the Law School’s curriculum, including leading faculty planning and hiring adjunct professors and the practitioners who teach the school’s “bridge” courses. “I am in the fortunate position of walking in here with an excellent dean. We have happy students, alumni who are supportive and energized, and a good reputation in the community and among other law schools,” she says. at the Juvenile Law Center and taught as Besides her teaching, she will conan adjunct at Haverford College. But her tinue with scholarly research and writinterest in the welfare of children began ing. One project, drawing on her longmuch earlier, when she time interest in chilwas a student at Hardren’s welfare, looks at vard College and was amendments to child looking for a summer abuse reporting laws in job. She had volunall 50 states in the wake teered for the Big of the sex abuse scandals Brothers/Big Sisters that have swept the program in Cambridge Catholic Church. during the school year, Another project starts an exciting coland got to know a laboration for the Law number of the kids School. Working with who lived in a nearby oncologist Dr. Kerry J. housing project called Rodabaugh at Roswell Roosevelt Towers. Park Cancer Institute, One summer the pool at Roosevelt Towers Mangold is applying for was closed, so Mana five-year National Institutes of Health grant gold and another stuto study whether providdent asked Harvard for ing end-of-life legal work-study money to Professor Susan V. Mangold services to people with reopen the pool and run a recreation program for the kids. The uniterminal illnesses will improve the qualversity liked the idea, but asked, could it be ity of life in their remaining time, and improve their families’ lives as well. A expanded? So expand it they did, to four pilot study of 50 patients and their famicounselors and a program that included lies, she says, found more than 30 areas taking vanloads of kids camping, as well as of unmet need. school supplies and art supplies. The second summer, they expanded the program to “Our hope is that we can have stuthree housing projects. dents in UB Law’s advanced mediation program work with the families of these Soon, Mangold was hired to open a patients,” Mangold says. “We are the girls club in Holyoke, Mass., where she ran only law school and cancer institute a day camp and came into contact with working together.” children needing “protective day care” – Mangold came to Buffalo in 1992 care for foster children and others needing a secure system to regulate who was alfrom Philadelphia, where she practiced Forum Shopping Ends for ClassAction Suits By Justin Nifong, 07 fter receiving strong majority support in the House and Senate, President Bush signed the Class Action Fairness Act on February 18th, marking the first significant legislative tort gains drummed up by Republicans for the better part of a decade. The Act moves class action suits to Federal Courts whenever the amount in controversy exceeds five million dollars. Advocates of the Act say that this will curb forum shopping and provide more reasonable jury verdicts for class action defendants. In recent years, several jurisdictions had become favorites of trial lawyers eager to move class action suits to where a favorable verdict could be obtained. Termed “hell hole” jurisdictions, some had seen exponential increases in the quantity of class action suits filed. One such example, Madison County, Ill. saw the number of class action suits filed rise from just three in 1998 to 106 in 2003. Supporters of the bill believe that the Federal Court system is more predictable and consistent in regards to jury verdicts, and that large companies were forced into unfair settlements when faced with a day in Court in one of the “hell hole” jurisdictions.1 Advocates also contend that injured consumers will actually be more justly compensated under this Act, because it reduces the use of widely criticized coupon settlements. Under the coupon system, consumers would walk away with coupons for future purchases while attorneys still collected large fees. The new Act only allows an attorney to collect on the number of coupons actually re- deemed. Advocates believe this will result in more financial based settlements in lieu of the popular coupons. Id. Opponents of the Act claim that the legislation is another payback to big business at the expense of injured consumers. They contend that this will cause many cases to never be heard and gives the large companies an upper hand in the litigation process. Referred to as the “Vioxx protection bill” by Rep. Jay Inslee, a Washington state Democrat, the Act will move large future cases involving the dangerous drug to the Federal Courts. However, the Act does not affect previously filed class action suits such as Asbestos and some Vioxx suits. How this will affect future class action suits, specifically those aimed at the drug industry, is uncertain. With celebrex, adderall, and bextra litigation possibly approaching, the question should be answered sooner rather than later. Id. The Act figures to be the first of many proposals aimed at reforming the current tort system. Look for future proposals aimed at placing a cap on non-economic damages and a sliding scale for attorney’s fees. The next year and a half of congressional activity may forever shape the tort system utilized in this country, and the results are unclear as to how consumer’s rights, the economy and lawyer’s futures will be impacted. 1. John Harris, Victory For Bush On Suits. WASH. POST, Feb. 18, 2005 6 lowed to pick them up. She dealt with lawyers, social workers and all aspects of the child protective system. “I saw it all,” Mangold recalls. “I realized how much needed to be done for these kids. That was what made me ultimately decide to go to law school and become a child advocate.” At Harvard Law School, she served as executive director of the Harvard Legal Aid Bureau and co-founded the Children’s Rights Project. From there, she went to Philadelphia, and then to Buffalo. Amid the scholarly work and now administrative responsibilities, the memories of those formative years with a crowd of children remain vivid. Mangold recalls a night of camping in the New Hampshire woods with her charges, when a bear wandered through their campsite. “These tough kids were scared beyond belief,” she says. “It changed their points of reference.” In the programs she developed, “I loved working with 500 kids at a time,” she says. “I just thrived on that energy.” She takes on this new challenge with that same level of anticipation and looks to the alumni, fellow faculty and students to continue to provide the positive energy to make this new position a welcome challenge. — UB Newswire UB.Opinion@gmail.com Student Bar Association Executive Board Elections April 12th & 13th President • Vice President • Treasurer • Parliamentarian For more information and Election rules visit www.ubsba.com �The Opinion April 2005 The Party of Limited Government and States Rights By Justin Whittaker, ‘06 ne of the great lies of American politics involves the assertion that the Republican Party is the party of limited government, and does not seek to legislate every aspect of the private lives of individual Americans. We see the fallacy of this assertion whenever women’s reproductive health and stem cell research are at issue; when sex-education is taught in public schools; and when homosexual couples seek to enjoy the same legal status as heterosexual couples. When it comes to matters of perceived “morality,” Republican lawmakers feel perfectly comfortable substituting their ideology for the judgment of duly authorized courts of law in a position to examine evidence and to make a legal determination based on the preponderance of that evidence. Congressional Republicans have recently demonstrated the “small government” fallacy, injecting political hackery into the heart-wrenching scenario playing out in Florida, concerning Terry Schiavo’s right to make her own private medical decisions. On March 20, Congress passed into law an Act specifically targeting Schiavo and the apparent right of her parents to challenge her wish to be taken off of a feeding tube in federal court. President Bush rushed back from his Easter vacation to Washington to sign the bill into law in the early morning of March 21. The White House has denied charges of political grandstanding in the face of the obvious desertion of the GOP’s firm stance on states’ rights, in exchange for political expediency. The Act states in Section 1 that: “The United States District Court for the Middle District of Florida shall have jurisdiction to hear, determine, and render judgment on a suit or claim by or on behalf of Theresa Marie Schiavo for the alleged violation of any right of Theresa Marie Schiavo under the Constitution or laws of the United States relating to the withholding or withdrawal of food, fluids, or medical treatment necessary to sustain her life.” Furthermore, Section 2 provides that: “Any parent of Theresa Marie Schiavo shall have standing to bring a suit under this Act . . . . In such a suit, the District Court shall determine de novo any claim of a violation of any right of Theresa Marie Schiavo within the scope of this Act, notwithstanding any prior State court determination and regardless of whether such a claim has previously been raised, considered, or decided in State court proceedings.” Essentially, the bill grants legal standing to Schiavo’s parents to bring suit in the Federal District Court in Tampa, despite the fact that her husband is Schiavo’s legal guardian and power of attorney - facts recognized by the State of Florida. And despite the fact that the federal courts have decided that (a) there is no federal question here, as this is clearly a state matter and always has been; (b) Schiavo has received ample “substantive” due process concerning her “life” interest under the 14th Amendment; and (c) that Schiavo’s parents do not have legal standing to bring suit in federal court. The Second District Court of Appeal of Florida stated specifically that the Florida Constitution prohibits one branch of government from exercising the powers of any other branch. In striking down “Terri’s Law,” which sought to prevent Schiavo’s husband from carrying out her wishes in 2003, the court wrote that “the law, as applied in this case, resulted in an executive order that effectively reversed a properly rendered final judgment and thereby constituted an unconstitutional encroachment on the power that has been reserved for the independent judiciary.” Schindler v. Schiavo, 851 So. 2d 182 (Fla. Dist. Ct. App. 2d Dist., 2003). Under traditional notions of federalism and separation of powers, detailed in Madison’s Federalist #48 and Art. III:2 of the Florida State Constitution, the word of the Florida Supreme Court should be dispositive of this point of controversy. However, Congress, in its infinite wisdom, has seen fit to unconstitutionally reopen the dispute, duly adjudicated under Florida law, by granting jurisdiction to the District Court to hear the complaint by Schiavo’s parents who wish to keep her “alive.” It has done so, despite Schiavo’s total lack of cognitive functions, and despite the fact that a number of neurological experts agree that she will never recover from her “persistent vegetative state.” Arguably the Act is in contravention of Article I, section 9 of the United States Constitution, which prohibits the passage of bills of attainder - bills that specifically punish an individual citizen without due process of law. Although it is not entirely clear that the bill is one of attainder in the technical sense because there is no criminal punishment involved, the Act purports to strip Schiavo of her right to make private medical decisions for herself – a right which has been upheld by state courts in Florida. Even if the Act does not represent a bill of attainder, it is clearly an egregious abuse of Congressional power, entirely antithetical to our fundamental understanding of separation of powers, despite the assertions of avowed moralist, and potential felon Rep. Tom DeLay of Texas. DeLay, who has been hiding from cameras ever since further evidence of his criminal “fun-raising” impropriety has come to light, could not get enough face time on television during the days preceding the passage of the Act. According to the AP, DeLay stated on March 19 that “we should investigate every avenue before we take the life of a living human being, [and] that’s the very least we can do for her,” despite Schiavo’s wishes and the decisions of the presiding Courts in Florida which literally have been investigating every avenue for ten years. DeLay said that would likely mean restoration of the feeding tube "for as long as this appeal endures." DeLay and congressional Republicans are using the tragedy of the Schiavo situation to further politicize and legislate their version of morality in the most cynical and hypocritical of ways. While this is not surprising, as the practice is a familiar mainstay of Republican policy-making, it is particularly reprehensible in the present situation, where the pawn is a woman who can no longer speak for herself, and whose husband has fought for over a decade to carry out her final wishes to not “live” an undignified “life” hooked up to a litany of machines. As further evidence of GOP grandstanding, The Washington Post uncovered a one page GOP memorandum on March 20, which was circulated to Republican lawmakers by party leaders. The memo called the debate over Schiavo legislation "a great political issue that would appeal to the party's base of Christian conservatives.” The memo further states that "this is an important moral issue, and the prolife base will be excited that [Congress] is debating it. This is a great political issue . . . because this is a tough for Democrats." No doubt we will hear the cries from Republicans in the coming days that Democrats, liberals, et al want to kill Terri Schiavo, and seek to prevent her life from being saved. Fortunately the American public recognizes how out of step Congress is on this issue. On March 21 ABC released its poll of 501 adults, which found that “about two-thirds of those polled said the political leaders who are trying to keep Schiavo alive are more concerned with using her case for political advantage than with her or the principles involved in keeping her alive.” These findings confirm a Fox News poll from June of 2004. The District Court Judge in Tampa heard oral arguments on March 21 and issued its opinion the next day, stating that Schiavo’s parents did not establish that they had a substantial likelihood of success on the merits of their case. Judge Whittmore wrote that Schaivo’s “life and liberty interests” had been protected by Florida courts. Despite "these difficult and timestrained circumstances,” he wrote, “this court is constrained to apply the law to the issues before it.” — Justin Whittaker is a 2L and can be reached at pysch_rock@yahoo.com. Law School Horoscopes— Horoscopes—By Tracey Stephen ‘06 ARIES (March 20 - April 19): The emphasis of your life shifts as you now respond and focus on the most immediate issues facing you. You are eager to leap before you look. Curb your impatience. If you act too soon you can throw off the “vibe” before it has time to mature. Contemplate your choices as you decide on a summer job and location, but wait for the momentum to build over this month before leaping. TAURUS (April 20 - May 20): It's best to build onto whatever you started last month instead of getting yourself involved in a new project this late in the semester. Your mind is running in circles now, but each time you think something through, you can make it into something bigger and stronger. If you let your thought-bubbles become too overextended, it will surely pop. GEMINI (May 21 - June 20): If you're attached, you might want to pay some very special attention to your significant other for the next couple of weeks. In particular, be sure to pay more attention to your sweetie than you do to anyone they're less than confident around. This could be a good month for a bit of jealousy to rear its ugly little head, even if you're not responsible for it. Does this mean you can avoid the green-eyed monster entirely? Probably not -- but you can definitely stop it in its tracks. CANCER (June 21 - July 22): It may be difficult this month to live your life on the schedule you'd prefer, for the hectic demands of studying and working require you to make some changes. There's no reason to hold on to your own stringent patterns this month; just because you have always done something one way does not make it the only way that is can be done. This new found flexibility will demonstrate your willingness to work on a team or in a study group, and therefore you will achieve further along in the semester. LEO (July 23 - August 22): A subtle undercurrent of unexpressed emotions continues to create disturbances in your life -- but it's difficult to get to the source of the problem. The harder you try to figure out what's really going on, the more hidden it becomes. There are times to dig beneath the surface, but not now. This month, it's probably better to just leave the unseen alone. For best results, keep your attention on what's visibly apparent. VIRGO (August 23 - September 22): Stop letting your pessimistic thoughts override your tendency to succeed. Even though you may feel as though you reached a valley in your life, your negative thoughts may be the only thing that are holding you back. Take a deep breath and try to focus on the positive; even if you are at a low there is only one place to go from there. 7 LIBRA (September 23 - October 22): Still thinking about traveling before the semester ends? Well, the moment has come to stop contemplating and start planning. Even though there is not a long break coming, there's no better time for you to take a weekend and relax. Just be sure to make all your arrangements before the end of the month. The end of the month is classically not a great time to make plans for your sign -if you want them to go off without a hitch, that is. CAPRICORN (Dec. 22 - Jan. 19): Right around the middle of the month, the urge to connect with someone on a very deep level will cross your mind -- and your heart. You already have someone in mind, but your atmosphere may have other plans for you. Stay open to new possibilities, and don't turn down any offers to be introduced to someone new. You never know. This opportunity might just be different. SCORPIO (Oct. 23 - November 22): You've done nothing but work, worry and take care of business for days. So why not give yourself a night off? You've certainly had an array of offers, and some of them were quite appealing. Stop trying to resist, and pick the one that most strikes your fancy. You know what they say about all work and no play? That applies to all worry and no play, too. Time to chill out. AQUARIUS (Jan. 20 - Feb. 18): It is difficult for you to keep your mouth shut this month at bar nights, and in the general law school scene; whatever you think will easily slip through your lips. The problem is that even though this bluntness can be called honesty you will need to deal with the ramifications of what you say, and this can bring up some serious issues in the future. In the alternative do not worry too much about what has not yet happened. It will be better to have things out in the open than tucked away in the secret corners of your heart. SAGITTARIUS (Nov. 22 - Dec. 21): Your constant need for action could distract you from the focusing on present relationships and problems. Focus on finding the top priorities in your life and make a genuine effort to ensure that they get done. Remember the saying ‘the early bird gets the worm;’ this semester if you procrastinate too long you may be faced with unfavorable outcomes. PISCES (Feb. 19 - March 19): The noise of your own thinking can make you a bit crazy this month as you get into the midst of the semester, but don't let your own attempts at rationalizing pull you in the wrong direction. Logic may many times steer us in the right direction, but now it will only undermine your potential. Listen to your thoughts, but not rely on them too much. Trust your intuition and it will get you through the semester. �The Opinion April 2005 Top 10 things I learned as a FirstYear By Caroline Brancatella, ‘07 1. LSAT scores no longer count. Admissions committees cared a lot. No one else does. Whether they were good or bad it’s time to drop it. 2. Classes are overrated, exams not so much. While attending and paying close attention to each and every class is highly recommended, it’s the exam that counts. Class will make you a better lawyer, exams will get you a better job. Aiming for both is best. 3. To speak or not to speak is the real question. People talk in class for many reasons. To preempt being called on, to listen to the melodious sound of their own voice, and occasionally because they know the answer. Some people figure they’ll speak up only after they take the bar. Everyone knows what category they fall into, but every now and then we should all try a new one. 4. SAT vocabulary words will not help in “Research and Writing.” You can write fabulous multi-clause sentences peppered with adjectives like “loquacious” and “serendipitous.” This will not improve your research and writing grade. Back to basics gets the job done. 5. The Supreme Court Justices are smarter than you. All of them. You think Scalia is a bigoted religious nut, Ginsburg is a bleeding heart FemiNazi, and O’Connor is a flipflopping traitor to both her conservative roots and the women she blazed a trail for. But they’re Supreme Court Justices and you’re not. Both sides make a better case than you do. 6. It’s like high school, but not. 8 a.m. classes you didn’t choose that are always with the same people, many of whom are “hanging out” with each other during non-class time. Definitely like high school. Grades that actually affect future employment. Definitely not. 7. Drinking is encouraged. Did you help edit something? Bar night. Did you attend an organizational meeting? Bar night. Are you on an e-mail listserve? Bar night. Free or very cheap drinks seem to be a law student’s birthright, and who are we to refuse? This is Buffalo, NY which supposedly has more bars per capita than any city in the nation. Eat, (emphasis on) drink and be merry. 8. Your political opinion doesn’t matter. Unless you want to start a club. Class is time to prove bipartisan skills, extra -curricular activities are meant for wearing your politics on your sleeve. Pro or anti something? There’s probably a group for it. If not, no worries -- just start your own. This won’t help your grades, but it will look great on a resume. Unless of course your potential employer is pro or anti the thing you’re anti or pro. But in that case you would- n’t want to work for them anyway, right? 9. Study Carrels are worth fighting for. The early bird catches the good study carrel -- and as a bonus probably gets a good parking space, too. Socialization is for underachievers. The best way to learn is to lock yourself in a 4x5 cell with only a porthole to view the outside world. They’re also a good place to stash random belongings, in case your locker (or your car) is too far away. 10. Dissenters are losers. In an effort at euphemism, the legal system uses the words “majority” and “minority” to replace “winner” and “loser” -- apparently to avoid making the blind eyes of justice sound too much like a football game. The dissent may be eloquent, emotional, perhaps even more legally sound. No matter, the majority wins and learning their side of the story is what will help you become a winner, too. Michael Eric Dyson to Keynote MLK Commemoration Scholar and best-selling author Michael Eric Dyson will be keynote speaker for the 29th Annual Martin Luther King Jr. Commemoration Event to be held on April 7 in the Center for the Arts on the UB North (Amherst) Campus. Lecture sponsor is the UB Minority Faculty and Staff Association. Dyson is Avalon Foundation Professor in the Humanities and professor of religious studies and Africana studies at the University of Pennsylvania. Named by Essence magazine as one of the nation's "50 most inspiring African Americans," he has been described by the Philadelphia Inquirer as "a major American thinker and cultural critic." Dyson has written 10 books in 10 years, ranging from works on cultural criticism, race theory and religious thought to philosophical reflection and gender, and sexual studies. He also has written four books on "biocriticism" -- works that use biography to probe social themes and cultural politics. These include a book ranked by Black Issues Book Review as one of the outstanding black books of the 20th century and a national bestseller, "I May Not Get There With You: The True Martin Luther King, Jr.," and "Holler If You Hear Me: Searching for Tupac Shakur," his best-selling treatment of the slain rapper and icon. Dyson also has published "The Michael Eric Dyson Reader" and "Why I Love Black Women," a national bestseller that won the 2004 NAACP Image Award for outstanding nonfiction literary work. Dyson is an ordained Baptist minister, radio commentator for NPR's "Tavis Smiley Show," contributing writer for Philadelphia Magazine and frequent guest on the nation's leading cultural and political television shows. Before all of his success, the former church pastor was a teen father on welfare in his native Detroit who worked in several factories before starting college at 21. Tickets for Eric Michael Dyson will be available through TicketMaster and the UB Center for the Arts Box Office. — UB Newswire The Politics of JAG Military Recruiting at Law Schools Who: Medical School/ Law School “Mixer” sponsored by the SBA & Medical Polity When: April 1 at Pearl Street Bar & Grill Scoop: Great chance to meet professional students, who knows, one day you may sue them! Who: SBA Casino Night When: April 5th at the Seneca Niagara Casino Scoop: Leave your credit and ATM cards at home for this one, don’t spend too much! Who: Students of Color Dinner When: Friday, April 8 at the Marriott Hotel in Amherst Scoop: One of the premier events at the law school, wouldn't miss it and neither should you! Who: NYS Court of Appeals Come to Buffalo! When: April 14th, Downtown Buffalo, more details to come soon! Scoop: This is a great chance to watch the highest court in New York right here in Buffalo. Who: Barristers Ball 2005 When: Saturday, April 16th at The Statler Hotel, Buffalo Scoop: How can you miss the Law School prom? Be there or be square. Who: Karaoke Night with the Student Bar Association When: April 22nd at Kings Court, 9pm (Delaware Avenue, Downtown Buffalo) Scoop: Who could miss a Karaoke night? Good blackmail content. Who: OUTlaw Annual Dinner When: April 27th at the Hyatt Regency at 6:30pm in Downtown Buffalo. Scoop: This is a great annual event sponsored by the SBA, don’t miss it! Who: Decompression When: May 19th, the last day of finals. Location to be announced soon! Scoop: Ummm. This will be the best party of the year. No questions. 8 Continued from page 5 banned military recruiters. A1996 order by newly elected Governor George Pataki in the wake of Solomon brought the policy to its current status. Asked about UB’s 2005 policy Dean Nils Olsen says, “We let them [military recruiters’] come in and interview. While I certainly agree with the AALS notice of nondiscrimination in general, the school is also very careful to comply with the law. We are a single community who wants to accommodate all of its students.” He continues, “It may become a student issue, I can’t really say. It’s certainly an area of ongoing concern. I would be careful about relying on a preliminary injunction for anything or the Third Circuit, especially since the school lies in the Second Circuit.” Decompression Coming Soon to a bar near you! May 19th Tell your Class Director where you want it this year! � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Opinion, 2005-04 Date Issued Date of formal issuance (e.g., publication) of the resource. 4/1/2005 Bibliographic Citation A bibliographic reference for the resource. Recommended practice is to include sufficient bibliographic detail to identify the resource as unambiguously as possible. 43 6 Publisher An entity responsible for making the resource available UB Law School State University of New York at Buffalo Law School Language A language of the resource eng Type The nature or genre of the resource Newspapers Text Is Part Of A related resource in which the described resource is physically or logically included. LIB-LAW003 Rights Information about rights held in and over the resource <a href="https://rightsstatements.org/page/CNE/1.0/">COPYRIGHT NOT EVALUATED</a>. The copyright and related rights status of this Item has not been evaluated. Please refer to the organization that has made the Item available for more information. You are free to use this Item in any way that is permitted by the copyright and related rights legislation that applies to your use. This digital collection is made available for research and educational purposes. Researchers are responsible for determining copyright status, and securing permissions for use and publication of any material. Copyright for items in this collection may be held by the creators, their heirs, or assigns. Researchers are required to obtain written permission from copyright holders and the University Archives prior to reproducing or publishing materials, including images and quotations. For inquiries about reproduction requests and permissions, please contact the <a href="http://library.buffalo.edu/archives/">University Archives</a>. If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/f8d61d79767822cdc6936063d7ce42d4.pdf b8e927092def18e92cecf62cdfeab8df PDF Text Text Vol. 43, Issue 4 Welcome Back!!! HE PINION The Official Student Newspaper of the University at Buffalo Law School THE OPINION UB Law School 101 O’Brian Hall Buffalo, NY 14260 February 2005 Welcome Back to School Issue Letro Courtroom: Where the Action is Final Johnnie Cochran cancels trial appearance at Law School court due to illness By Jeremiah Kane, ‘07 AMHERST, NY—During a six day trial, the Law School’s Francis M. Letro Courtroom on the first floor of O'Brian Hall was filled with the dramatic tension and legal wrangling that mark high-profile civil cases. However, Law School student and faculty have been noticeably absent from this unique asset, a fully functioning courtroom. State Supreme Court Justice Ralph A. Boniello III presided over the civil action of Owens v. Leavy in front of a sparsely-populated courtroom. Despite ample seating, fifteen students observed the trial, with only three of those in regular attendance. Situated under the Law Library, the Niagara County jury heard complaints of false arrest, negligence, and battery amid the majestic oak of the Letro Courtroom. A slight-figured Josephine Owens of Philadelphia tearfully recounted her story of being accosted by hulking N.Y. Park Police Sgt. James Leavy during her 1997 arrest for allowing her children too close to the Niagara Rapids. Mrs. Owens contended not only was she acting lawfully, but that she had been injured when during the arrest and detention. Our University alone can boast a regularly used trial courtroom. Which provides a more stimulat- Student Bar Association Law School Survey Please remember to turn in your survey to 101 O’Brian Hall www.ubsba.com SBA: at work for you!! Table of Authorities Commentary Letters to the Editor Valentines Day Buffalo Entertainment The Docket Horoscopes p. 3 p. 3 p. 5 p. 8 p. 8 p. 7 ing introduction to trial advocacy: listening to a professor drone on about rules of evidence, or watching Buffalo’s most artful legal practitioners advocating for their clients? Mrs. Owens discussed her plight after the criminal trial with childhood friend, Blair Underwood of L.A. Law fame. Underwood then connected her with his friend Johnnie “If the glove doesn’t fit you must acquit” Cochran. Elmwood Avenue attorney Robert H. Perk ’82 whose niece is a member of the Class of ’08 took over the case at the request of Cochran who tried the notable Cynthia Wiggins trial with Perk. Assistant Attorney General Gregory P. Miller ’82 who usually practices in the Court of Claims defended Leavy. Zealously representing their clients, both attorneys regularly raised objections, requested sidebars and grilled the opposing witnesses. From opening to closing arguments, Mr. Perk reiterated his assertion that Leavy accosted Owens as she innocently took her children on vacation to see Niagara Falls, while Mr. Miller portrayed Leavy as an officer doing his duty. For the aspiring attorneys in O’Brian Hall, the largely unattended lessons were far more exciting than any casebook. Smartboards stood ready as counsels jousted before the judge over admissibility and prejudicial content of digital video. Judge Boniello briskly sustained or overruled objections during testimony and conducted hearings as blown up photographs and testimony from the 1997 criminal trial were employed to impeach witnesses during the spirited cross-examinations. The attorneys involved in the seven million dollar claim made every effort to welcome the meager representation of law students who attended the trial. Miller employed frequent objections to block Perks’s attack. During one cross-examination Miller was frantically gestured to squelch a witness that Perk had managed to keep answering a question despite that Miller’s objection to the question had been sustained. The trial swung from emotional recollections of abuse, to drawn out examinations of photos, to loud heated demands that witnesses were “liars” and “should not be allowed through the doors of the courtroom again.” While the criminal trial had found Owens innocent, the civil trial jury found that Leavy had used no unreasonable force and that probable cause had been present for Owens’s arrest. The jury thus made no award for Owens. There are thirty-one actions in the courtroom scheduled in the coming months. Some of these actions include trials brought by the Student Wide Judiciary against students charged with campus infractions. Group Legal Services often defends these trials before undergraduate justices. During trials, Erie County Sheriff, bailiff Zeigler will smile and request that visitors turn off their cell phones and remove their jackets before entering the court. The court’s double doors are well situated to allow a visitor to enter and exit the courtroom unobtrusively. The gallery layout allows excellent visibility and close contact with the attorneys who are usually eager to explain the proceedings during recesses. Students, who attended Owens v. Leavy, will 1 Civil rights attorney Johnnie Cochran was scheduled to attend the Owens case at the Law School attest to the educational value of witnessing a real courtroom drama. The attorneys argued anything but academic points as they stood before their clients demonstrating the application of civil procedure, tort, and criminal law. Just as our counterparts at the medical school compete for the opportunity to learn about surgery through observation, learning medicine first hand, law students need to take a more active role in observing our mentors in action. If you missed this trial, make sure you take the opportunity to attend future sessions. Not only will you be able to check your understanding of the law, but you can help represent the Law School’s interest for our legal community.—Staff Report. BPILP Auction Buffalo Public Interest Law Program 10th Annual Auction Friday, February 25 7-11pm Rich Renaissance Niagara Atrium Silent & Live Auction Top Shelf Open Bar Gourmet Hors D’oeuvres Student Admission: $25 General Admission: $35 �The Opinion THE OPINION The Official Student Newspaper of UB Law School February 2004 Volume 43, Issue #4 Editors: John Rudy, ‘05; Mike Mann, ‘06 Jenny Mills, ‘06 Staff Writers: Justin Whittaker, ‘06; Mari McClure, ‘06; Tracey Stephen, ‘06; Jeremiah Kane, ’07; Patrick McNelis, ‘07; Jason Joaquin Almonte, ‘07; Caroline Brancatella, ‘07. Erica Rocco, ‘07 The Opinion, 101 John Lord O’Brian Hall, Buffalo, NY 14260, (716) 645-6387, is published by law students for law students. The Opinion is the official student newspaper of the University at Buffalo Law School, State University of New York. Any reproduction of materials herein is not allowed without the express consent of the Editor-in-Chief and the piece writer. New submissions of articles, cartoons or advertisements are always welcome and may be submitted to The Opinion mailbox in the SBA office, or via email to the editor at ub.opinion@gmail.com. The staff reserves the right to edit articles for length, grammar and spelling. The Opinion will also not print any libelous or anonymous material. Students, faculty and members of the community are all strongly encouraged to submit writings. The Anonymous Lawyer: A Blogger’s Take on the Legal Profession By Caroline Brancatella, ‘07 I f the internet is the first truly democratic form of communication than bloggers are the vox populi -or at least they think themselves to be. For the uninitiated, “blogs,” short for web logs, are essentially journals -interior monologues typed out almost daily and sent into cyberspace for the masses to read. The format enjoyed its coming out party as a credible source of information when bloggers were granted press credentials to both the Democratic and Republican conventions. It seems natural that lawyers, who have a reputation for enjoying the sound of their own voices, would easily make the jump to enjoying reading their own words on the web. Hence the birth of “Anonymous Lawyer” (anonymouslawyer.blogspot.com) in March of 2004. The blog features the rants of an attorney -- a partner at a large and prestigious firm -- about his work, his lack of family life, and his contempt for the minions of paralegals, associates and law students who help make his life a living hell. “Anonymous” satirically confirms the malevolent reputation of attorneys that helped put tort reform on the national agenda “Every day lately someone is talk- ing about public interest as if public interest lawyers are something other than the people from terrible law schools who can't get jobs at a place like this one,” he posts. “Anonymous” never sees his children, mocks his co-workers and loathes his own loathsomeness. He also realizes that he has achieved every one of his dreams to perfection. For the most part “Anonymous” sticks to satire. He hyperbolizes the ridiculousness of firm politics, chastises female attorneys who dare to have children and declares blackberries the messiah of large law firms worldwide. Although at his best when bitingly sardonic, he occasionally delves into the metaphorical. “We work hard,” he says, “but we really are Anonymous Lawyers. We affect people, but in ways no different than someone else in our positions would if they sat in these seats.” It does not take a sharp eye to see that his diatribe is derivative. References to missing staplers and work “flair” prove that he owes much to the popular cult film “Office Space” studied and enjoyed by those avoiding 9-5 employment everywhere. Evidently countless billable hours have been wasted by young associates and law students who have discovered the cyber-soliloquy. Comments to the Healthcare Brought to Forefront as Group Looks to Form 1L Takes on Leadership Role, Plans to Coordinate a Health Law Student Group By Caroline Brancatella, ‘07 I t is not exactly headline news that health care, or more importantly how to manage and pay for it, is a matter of national concern. From a disarming infant mortality rate to the high cost of prescription drugs for financially strapped seniors health care policies and services are important to nearly all citizens. With the uncertain future of social security and government programs such as Medicare and Medicaid, understanding the intricacies and issues surrounding health bodes well for the possibility of future gainful employment. Not only is University at Buffalo Law School half the price of almost every other law school in New York, it is also the only school in the state to offer dual degrees in law and a Masters of Public Health. UB is only one of seven law schools in the country to offer such a pro- gram. In existence only since 2001, the program sets UB Law apart in a field of growing importance where expertise in the legal issues surrounding health care will be much in demand during the coming decades. For those uninterested in spending an extra year in the classroom, UB Law also offers a Health Law concentration Continued on page 6 blog both share “Anonymous’” pain and pester him with questions about his true identity and what firm he might work at. The blog has become so big time that The New York Times and The San Francisco Chronicle have recently featured pieces on it. Alas, “Anonymous” couldn’t stand all that popularity and no credit for too long. He has revealed himself as Jeremy Blachman, a third-year law student at Harvard who bases his material on a summer gig at a large New York firm and war stories that discontented legal professionals e-mail him. According to the Times, Blachman never really wanted to practice law, he wanted to write. But, like so many twenty-somethings harboring literary delusions of grandeur he decided that law school was a better option than sitting in his parents basement and waiting for The New Yorker to call. But a simple web address has allowed him to compose more than class assignments and now he is looking not for an associate position, but a book deal. “Anonymous Lawyer” although written by someone who has never even taken the bar has clearly struck a cord with the legal community. “That it happens to be on a blog, to me, seems fairly inconsequential,” says Professor Alex Halavais, University at Buffalo Graduate Director of Informatics. “Someone decides to create a certain fiction about the work world, and that resonates with a lot of people, both within and outside of the profession. Attorneys, like doctors and others, are in the strange position of being valued by society, but often unable to communicate what they do: it is either privileged, or they do not have the time to do so -unless they quit and become novelists. It seems like a perfect target for fictionalizing, if you know a bit about the profession,” He continues, “The anonymity of the blog allows these people to write without regard to how it might affect those around them. It also allows them to fictionalize, either partially or entirely, without penalty. In some ways the fiction can cut closer to the bone than real life does.” —The “blog” can be found at: anonymouslawyer.blogspot.com The Opinion Courses to Examine Technology’s Influence on Culture: Cyberspace fertile ground for knowledge, lust, commerce & crime, UB faculty members say BUFFALO, NY—The Internet, mobile technologies and new-media technologies may be the most influential drivers of cultural change in American society today, according to Buffalo faculty members offering courses this semester exploring the social and cultural consequences of information and communication technologies. The courses -- “The Age of Information,” “Cyberporn and Society,” “Technology Law and Cyberspace” and “Elements of Machine Culture” -- will examine how new technologies are shaping culture and changing human behavior. A wide range of technologydriven topics and issues will be covered, some of which -- such as obscenity and free speech, privacy and intellectual property -- often are debated during periods of significant cultural or technological change; while other issues -- cybercrime, virtual reality, spam and artificial intelligence -- are new to the cultural landscape. The UB School of Informatics, in particular, is committed to the study of how information, technology and people interact within a variety of cultures, according to Penniman. The school is one of only two in the U.S. to have “informatics” -- roughly defined as the intersection of people, information and technology -- as its focus and in its name. “The Age of Information” and “Cyberporn and Society,” are three-credit, undergraduate elective courses being offered by faculty in the School of Informatics, which also is offering the graduate-level course “Online Gaming Research.” “Cyberporn and Society” will examine the role of pornography in the development of the Internet and related technologies, and how the prevalence of cyberporn has affected social structure, mores and expectations, according to Informatics instructor Alexander Halavais. “This course is not about how to appreciate, criticize or produce pornography,” explains Halavais. “We’ll look at the interaction between pornography and technology; the effects of pornography on society; and the effect of the cyberporn industry on the emergence of new media,” he says. While a course on cyberporn may on the surface seem sensationalistic, the topic, according to Penniman, has serious academic value and continues a long academic tradition of examining emerging societal trends, including trends involving controversial subjects like sex, prostitution and pornography in banned literature 2 and in other media, such as videotapes, televised movies on demand and online “escort” services. “Any serious scholar concerned with the evolution and diffusion of technology must consider the significant role adult material and even prostitution have played in the adoption of new technologies,” he says. “The role of pornography, and especially cyberporn in the age of the Internet, must be a significant concern for students who will be our leaders in shaping future research, legislation and policies.” The emergence of cybercrime and the creation of laws and policies to regulate cyberspace are of special interest to Law School professor Robert Reis, who will teach “Technology Law and Cyberspace” in the Law School this semester. According to Reis, the anonymity and vast reach of cyberspace, combined with the enabling power of new technologies, has given people new opportunity to behave outside the moral, or legal, constraints of society. “Cyberspace is fertile ground for the amoral, immoral and unscrupulous to ply their trades,” Reis says. Moreover, “there's a whole subculture of people who feel entitled to break the law -- by copying a music CD, defaming a person or business online or hacking into a computer -- because the technology has empowered them to do so, without fear of being detected,” he adds. Behavior in cyberspace is a major concern to lawyers, Reis says, because much of the legal system depends on voluntary compliance, with the sense that if you harm someone you will be detected, identified and prosecuted. Reis says the legal system eventually will catch up to technology. He expects new laws will be created to further regulate cyberspace and monitor the activities of people who venture there. Within the UB Department of Media Studies, “Elements of Machine Culture” will take a more conceptual approach to technology’s influence on culture. According to instructor Marc Böhlen, assistant professor of media study, the course will focus on “cultural aspects of technologies and the desire for and belief in the 21st century machine,” from coffee grinders to automobiles to mobile phones and autonomous robots. “The course will follow the conception and history of the machine from the monastery bell to the latest humanoid robot,” Böhlen explains. His students will be asked to critically contemplate, via case studies, select technologies, and to examine the consequences -- conceptual, economic and social -- of automation in general.– UB Newswire. �February 2005 The Opinion Opinions & Commentary We All Got History: A Look at “Negro History Week” By Ricky Johnson, ‘06 E very February Black History Month comes along and some people take the time to learn more about the history of the people of African descent. However, there is a growing number of people who see no need for Black History. Many Blacks themselves even say that they don’t want to celebrate Black History Month because its in February and that’s the shortest month of the year. However, before people jump on this bandwagon they should realize that this thinking is inaccurate. Black History originated in 1926 as “Negro History Week” because it was supposed to fall between Abraham Lincoln and Frederick Douglass birthdays. However, February is known for more than these two men’s birthdays. It happens to be W.E.B. Dubois’ is birthday. W.E.B. Dubois was the first black to obtain a Ph.D from Harvard and one of the founders of the NAACP. It is also the month which the 15th amendment was passed which granted black the right to vote. It was created by Dr. Carter Godwin Woodson who is considered the father of African Studies. Black History month can be used as a catalyst for uplifting all black people. It is only when we study the history of Black people we learn of their greatness. As Marcus Garvey once put, “Rise Up You Might Race, you can accomplish what you wish. When you look at the strength and accom- plishes black people have had in spite of a history of oppression from slavery, Jim Crow, and racism it is quite admirable. However, it is also important to look at the history of black people before the Atlantic Slave Trade. The history of the great peoples of Egypt (Upper, Lower Nubia), Cush (Ancient Ethiopia), Timbuktu, the Babylonians, and the Phoenicians is a history of many remarkable cultures. According to the book “Young, Gifted and Black,” few educators know that there were three Nile Valley Centers of Education in Africa before European or other penetration into the continent in Ancient Egypt, Nubia, and Ethiopia. There is also a great history of African Americans which has not always been realized. Many people rightly acknowledge the greatness of Martin Luther King, Rosa Parks, and Malcolm X, but rarely seem to delve deeper into the history of the many great people before them and after them. Even before the fiery street preacher and activist Malcolm X proclaimed that the Jesus was black, there was Henry McNeil Turner. Bishop Henry McNeil Turner said, “we have as much right biblically and otherwise to believe that God is a Negro, as you buckra or white people have to believe that God is a fine looking, symmetrical and ornamented white man.” Even before Rosa Parks refused to give up her seat, there was Ida B. Wells who was an advocate, activist and writer for African Americans as well as a suffragist for females. W.E.B. Dubois once wrote, “throughout history the Letters to the Editor Conservative Corner offers Different Perspective at Law School Dear Editor, I came across an article in your paper, “The Conservative Corner's Fiction” (Vol. 43 Issue 3), and I must say I was extremely disappointed with your “review” of the new newsletter on campus. In the interest of full disclosure, I am a writer for the “Conservative Corner.” I read the headline and I felt proud that our newsletter was stirring the pot. I was hopeful that we had inspired open debate about issues. Mr. Whittaker, however, isn't looking for a debate; he just wants everyone to know how unintelligent and wrong we are for disagreeing with him. Mr. Whittaker doesn’t like us because of our “tired rhetoric.” I can see how he has become disillusioned by our rhetoric when we describe our opponents as “misleading, erroneous, and uninformed,” and use words like "bigotry, extremism, fear, jingoism, subversion of human rights, and a continued dismantling of international law" to describe our opponents positions. Oops? wait a minute? that was Mr. Whittaker's rhetoric about us. He even runs back to the same old unfounded cheap shots about Fox News; likening the ideas in the Conservative Corner to those on the cable network. Even though Fox News has nothing to do with our paper and I don't see where it fits into the debate, he returns to the tried and true way to defeat a conservative in an argument; say they are like Fox News. I'm sure it was nothing more than a slip of the pen, since Mr. Whittaker is only interested “well thought out and serious presentation[s]” of political debate and not “tired rhetoric.” Keep trying Mr. Whittaker. Even if it is accepted as true (I know this assumption seriously stretches the bounds of reality) that all his facts and positions on the issues are the correct ones, all it proves is that we have a policy disagreement. Simply because you don't like our policy positions doesn't mean the Conservative Corner is a bunch of rhetoric. It means that there is a debate happening that wasn't here before that you should get in on. That's good, that's what we are here for. In my opinion your views are wrong, but I'm glad you put them out there. I can accept that we disagree and still be respectful of you and your paper. I only wish you can do the same. Aren't liberals supposed to be the tolerant ones anyway? —Chris Ferratella, ‘05 Law School softball team forming to compete in annual Virginia tournament powers of a single black men flash here and there like falling stars and die before the world has rightly gauged their brightness.” I realize that Black History month may not be considered politically correct by both liberals and conservatives. However, this may be one of the most useful ways of uplifting black people so that they realize that they do not have to depend on whites because they have been great throughout history. It is not to say that one culture is better than another but to show that blacks have had cultures equally as great as Greece, Rome, and Europe, China, Japan and Asia. I think the study of any cultures history is important. It is equally important for Blacks Americans to know of the British roots of our judicial system, the Greek origins of our democracy. I may be so bold as to say that a National History Month for all cultures is not such a bad idea. Yet, I believe Dr. Carter G. Woodson may be rolling over in his grave because today it seems that the greatest gain from Black history has been a myth. Negro History Week and now Black History Month should be used as a mechanism for uplifting blacks, and educating Americans of the greatest of black people. Students Wanted for Leadership Positions with the ABA Law Student Division Liaisons to ABA Specialty Sections Application Postmarked by March 15 Dear Editor, I would like to use this forum to let other law students know about the University of Virginia’s Annual Softball Tournament. Each year, UVA hosts almost 100 teams of law students and law faculty members from around the country for a weekendlong softball tournament in Charlottesville, Virginia. The Law School has participated in this event in the past, and this year, the SBA has decided to take part again. The tournament runs from Friday, April 1 through Sunday, April 3. SBA President, Mike Mann, has secured funding to cover the cost of the entry fees from a generous sponsorship deal with BarBri, and we will hold a bar night and other fundraisers this semester to raise money for the team. While each participant will have to pay a little money out of pocket, it will be well worth it. Participants will get the chance to visit Virginia, meet law students from around the country, attend a barbeque on Saturday and a tournament party on Saturday night. We will be holding an informational meeting on February 9 at 5:30pm in the SBA office, room 101. If you have interest, you must attend the meeting or contact me directly at cmurphy2@buffalo.edu, so that we can gauge how many people would like to attend. If there is enough interest, we will enter more than one team. There are no try-outs, this is a fun trip where everyone will have a chance to play, drink, have fun, network with other law students, represent the Law School, oh and kick some butt. For those who are not interested in traveling to Virginia, keep your eyes open for SBA spring intramurals in a variety of different sports, and remember just because it is winter doesn't mean you cannot work-out and stay healthy. —Colleen Murphy, ‘06, SBA Athletics Chair. Want an ad that works? This one just did!! To advertise in The Opinion contact: UB.Opinion@gmail.com 3 See Website for complete list National Student Directors: Application Postmarked by March 15 VITA Client Counseling Competition Negotiation Competition Nat’l Appellate Advocacy Competition Attention 1Ls and 2Ls, applications and additional descriptions can be found at www.abanet.org/lsd/elections, or email Mike Mann at mdmann@buffalo.edu The Opinion wishes you a Happy Valentines Day! February 14, 2005 �The Opinion February 2005 In the Supreme Court: Death Row and Foreign Nationals By Jenny Mills, Editor, ‘05 In December the Supreme Court granted certiorari to hear the case of Medellin v. Dretke. This case involves the rights of foreign nationals to consular assistance when detained in a foreign country. It will have significant ramifications for foreign nationals on death row. More importantly, it will establish just how far the Supreme Court is willing to be led by international law and the extent to which the US is willing to honor its treaties. • Article 36 and the ICJ In the Spring of 2004, the International Court of Justice ruled that the United States was in violation of Article 36 of the Vienna Convention. Article 36 requires authorities in a detaining State to notify, without delay, a detained foreign national of his right to request assistance from consul of his own state and if the foreign national requests it, to notify that consular post of his detention. It also allows the consul to arrange for legal representation of the detainee. The United States has signed and ratified both the Vienna Convention and the Optional Protocol which says that any disputes over the convention will be settled by the ICJ. Mexico took the United States to court over its failure to implement Article 36 in the case of 51 foreign nationals on death row. The case, Avena and Other Mexican Nationals was argued in 2003 and decided in March of 2004. The ICJ held that the US failed to inform foreign nationals of their Vienna Convention rights and that the US must provide “review and reconsideration” for convictions and sentences in violation of Article 36. Additionally, it held that the Vienna Convention gives individuals rights and that the procedural default rule under the Antiterrorism and Effective Death Penalty Act (the AEDPA) violates these rights. • Breard, LaGrand, and back again Since the Avena decision was reached, the Mexican parties to the suit have tried to appeal their convictions and sentences unsuccessfully. The courts have relied on old case law, particularly Breard v. Greene, and the procedural default rule under the AEDPA to deny the foreign nationals their rights. In Breard, the Supreme Court held that the petitioner (a Paraguayan) could not be granted habeus relief based on failure to conform to the rules laid out in Article 36. During consideration of the case, the government of Paraguay instituted proceedings against the US. The ICJ noted jurisdiction and requested a stay of execution until the matter was decided. The Supreme Court failed to intervene, noting that Breard could not raise his argument based on Article 36 violations for two reasons: (1) he did not litigate the matter in the state courts, therefore the procedural default rule barred him from raising it on the federal level, and (2) even if he were able to raise the claim, it would be so novel, that it would be barred under Teague v. Lane. The execution went ahead as planned and Paraguay later dropped its suit against the US in exchange for certain trade favors. Since Breard, courts have been loathe to give any credence to claims based on Article 36 violations. The procedural default rule has been cited as the major obstacle in the way for the petitioners. One has to wonder at the logic in barring these claims when the majority of the time, the petitioners are not informed of their rights until long after the state appeals have been lost. Failure to inform a foreign national of their rights and then denying them a hearing on the merits of what is essentially the government’s mistake seems untenable. The claims raised in Breard were raised in front of the ICJ again in 2001, this time on the behalf of Walter LaGrand, a German national, sentenced to death for his involvement in the robbery and murder of a bank employee. La- Grand and his brother, Karl, were convicted and sentenced to death in 1984. Not until 1998 were they formally notified of their Article 36 rights. Germany filed suit against the US in March of 1999 after the first of the LaGrand brothers was executed. Walter LaGrand was executed shortly thereafter, with the Supreme Court once again failing to intervene. Unlike Paraguay, the German government insisted on continuing the litigation and in 2001, the ICJ ruled that the brothers’ Article 36 rights were violated and that they were conferred individual rights under the Vienna Convention. It also addressed the question of procedural default rules, but unlike in Avena, it limited the discussion to whether or not the rules violated the brothers’ rights in this specific instance. The ICJ held that the procedural default rule did violate their rights but it did not say that the rule constituted a per se violation, leaving the door open for the US to continue to use the AEDPA as justification for denying any and all appeals based on Article 36 claims. This all changed drastically with the ICJ’s ruling in Avena, which held explicitly that the procedural default rule would fail to comply with their order for review and reconsideration. In response to this ruling, a number of claims have been raised in the federal courts, by Mexican nationals seeking to have their convictions and sentences reviewed. The results have been mixed and therefore the decision in the upcoming Medellin v. Dretke will provide some clarification. Of note however are two important decisions rendered by the states in between Avena and Medellin. • Medellin and the Supreme Court The grant of certiorari to Medellin signifies trouble for the Supreme Court. Medellin, convicted and sentenced to death for his participation in the gang rape and murder of two Texan teenagers, was also a party to the Avena case Why Conservatives Hate Freedom By Justin Whittaker, ‘06 C atchy title, huh? Thank you to all the well-wishers on both sides of the political spectrum who presented their admiration of my dismantling of the Conservative Manifesto in my last piece, The Conservative Corner’s Fiction. At last count most U.B. Law students offered support and encouragement as a result of the piece. You know what that’s called, don’t ya? “Mandate.” And who am I to ignore such a call to service? As such, I will continue to shoot holes and burn down the bridges leading to reconciliation. Hey, I’m sorry, but it’s easy. Again, I thank you for your comments; they are appreciated. Jeff Paycheck elected to disregard the tools of creating a serious argument in his piece entitled In Defense of Adam and Eve, and opted rather for soft, simplistic, and conclusory rationales as to why samesex couples should be denied the same legal benefits as heterosexual couples. Try as one may, it is difficult to grant serious consideration to the piece’s “arguments” given its cop-out disclaimer in paragraph five, which states that we should all participate in a respectful dialogue concerning the topic at hand. However, the entirety of the preceding diatribe against same-sex unions is comprised of disrespectful misconceptions and juvenile stereotypes. It was disappointing to read a piece, which was allegedly drafted with the intent to “get the conversations started” Defense at para 5, where no compelling source material or support to generate the purportedly desired dialogue was introduced. Instead, the piece meekly points to Judeo-Christian rationales as to why same-sex unions should be prohibited, and that the will of the majority should dictate to whom equal protection is afforded. Mr. Paycheck misunderstands the nature of equal protection, while at the same time passing off religious ideology as conclusive fact. The piece seeks to justify its irrational stance on arbitrary discrimination by pointing to the anti-gay marriage referenda passed by the voters in eleven states in the November election. In a response to the National Gay and Lesbian Task Force’s “screaming” that “fundamental human rights should never be put up for a vote,” the piece claims that “the people of the United States are screaming back that gay marriage is not a fundamental human right.” Id at para 2. Note that the use of the word “screaming” rarely appears in respectful dialogues. The piece clearly rejects the established principle that human rights is not in the hands of the electorate. Human rights exists because majorities historically tend to define equal protection in socially convenient terms. It is puzzling that the piece takes pride in its lack of understanding of this area of law. 4 and is appealing on Article 36 grounds. His appeal to the 5th circuit was denied by that court based on the idea that Breard was controlling precedent even though it was decided long before Avena. The court also maintained that the Vienna Convention does not confer individual rights despite what the ICJ says. The court says that they are bound by prior decisions like Breard until the court sitting en banc or the Supreme Court decide otherwise. The case is now before the Supreme Court. Numerous amicus briefs have been filed by noted experts in international law, many of the same experts involved in the Avena case. Ultimately the Court must decide just how much credibility they want to give to the ICJ and to the treaties they have signed. Supporters of Medellin argue that this case will have a significant impact on both how the world views the US and on the lives of US citizens here and abroad. If the US is to decide that they will no longer accept the jurisdiction of the ICJ nor be bound by the treaties they have signed, US citizens living abroad will be placed in a precarious position, as their rights to consular assistance will be terminated. In the alternative, opponents argue that if the Court is to accept the decision by the ICJ, upwards of 45 capital cases will have to be re-opened and re-tried, with societal and financial impacts for those in the communities touched by these cases. The courts will also likely be faced with other requests for review and reconsideration from some of the other 70 or so foreign nationals on death row that were not represented under Avena. However it seems like having to review and reconsider the convictions of foreign nationals, i.e. honor our treaties and be bound by a court we agreed to be bound by, is a small price to pay to protect our citizens abroad and ensure that we continue to play by the rules and maintain our integrity on the international scene. The Equal Protection and Due Process Clauses of the Fourteenth Amendment states that: “All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the state wherein they reside. No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any state deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws. [emphasis added].” The piece, through its assessment of same-sex unions, effectively advocates denying equal protection to “all persons” subject to the jurisdiction of the United States. As such, the piece seeks to define homosexuals as not being “persons” within the meaning of the Fourteenth Amendment. Again, it is difficult to reconcile this activist definition with the piece’s call for a respectful dialogue, where it is evident that the piece has nothing but disrespect for homosexuals. If homosexuals are not “persons” within the meaning of the Fourteenth Amendment, what are they? Are they 99/100ths of a person? Are they 3/5ths of a person? Next, the piece inquires, “should moms and dads be optional?” and then asserts that “we’ve seen the same results in single-parent situations and children need a mom and a dad.” Defense at para 3. It is unclear to which results this statement refers, as no information is provided. However, as evidence of… something…, the piece cites the conclusions of admitted homophobe Dr. James Dobson, the evangelical founder of the conservative Christian organization, Focus on the Family. Dr. Dobson is a regular favorite of fair and balanced Fox News host Sean Hannity http://www.foxnews.com/ story/0,2933,138571,00.html, and states that “there is no civil right to deny children their mothers or fathers, which is exactly what every same-sex home does.” Defense at para 3, citing www.family.org. It should be noted that Dr. Dobson holds no accredited training in theology, yet professes that his alleged command of biblical teaching, justifies imposing his version of morality on secular society and government. He attempts to justify his animosity towards homosexuals by attempting to link them to societal ills, arguing that: “…the homosexual agenda, pornography and gambling are among the front burner issues that threaten the foundation of the family.” http:// www.family.org/welcome/aboutfof/ a0007486.cfm#government. It is difficult to accept Dr. Dobson’s and the piece’s wholly unsupported assertions, given the results of the following study commissioned by the National Adoption Information Clearinghouse, a sub-agency of the United States Department of Health: Continued on page 5 �The Opinion February 2005 Why Conservatives Hate Freedom Continued from page 4 Continued—“Children of gay or lesbian parents are no different than their counterparts raised by heterosexual parents. In ‘Children of Lesbian and Gay Parents,’ a 1992 article in Child Development, Charlotte Patterson states, ‘Despite dire predictions about children based on wellknown theories of psychosocial development, and despite the accumulation of a substantial body of research investigating these issues, not a single study has found children of gay or lesbian parents to be disadvantaged in any significant respect relative to children of heterosexual parents.’" http://naic.acf.hhs.gov/ pubs/f_gay/f_gayb.cfm. Furthermore, the same commission found that: “There is no legitimate scientific research connecting homosexuality and pedophilia . . . . In a study of 269 cases of child sex abuse, only two offenders where found to be gay or lesbian. More relevant was the finding that of the cases involving molestation of a boy by a man, seventy-four percent of the men were or had been in a heterosexual relationship with the boys mother or another female relative. The conclusion was found that ‘a child's risk of being molested by his or her relative's heterosexual partner is over one hundred times greater than by someone who might be identifiable as being homosexual.’” Id. Conveniently, the piece fails to enquire into actual societal phenomenon, like divorce rates among heterosexual couples in the United States, when propagating it’s “sanctity of the family” argument. Please consider the following inconvenient statistics: "The National Center for Health Statistics recently released a report which found that 43 percent of first marriages end in separation or divorce within 15 years. The study is based on the National Survey of Family Growth, a nationally representative sample of women age 15 to 44 in 1995.” http:// www.divorcereform.org/rates.html, citing the 2002 United States Census Report. Additionally, according to the conservative activist organization, Americans for Divorce Reform "The number of children involved in divorces and annulments stood at 6.3 per 1,000 children under 18 years of age in 1950, and 7.2 in 1960. By 1970 it had increased to 12.5; by 1975, 16.7; by 1980, the rate stood at 17.3, a 175 percent increase from 1950. Since in 1972, one million American children every year have seen their parents divorce” [emphasis added]. http:// www.divorcereform.org/chilrate.html. ♥ ♥ ♥ ♥ ♥ Next, the piece states that “samesex advocates are not merely seeking out marriage for themselves; they are requiring that everyone change their ideas about family” [emphasis added]. Defense at para 3. “Requiring?” Here the piece chooses hyperbole over supporting its conclusion with anything remotely substantive. Rather than engage in a serious discussion, the author elects to engage in baiting the irrational fears of those willing to buy the rhetoric. I challenge the author to take a step beyond the unsophisticated rhetoric and move in the direction of providing objective documented support for his assertions. The piece asserts that the “movement” his not anti-gay, but it is merely “anti-gay MARRIAGE.” Defense at para 4. The piece would have us believe that it is not opposed to homosexuals; it merely takes the position that they shouldn’t have the same legal rights as everyone else, regardless of what the Constitution says, and regardless of the principle of “liberty and justice for all.” Again, the piece justifies its assertions not with fact or legal principles, but with religious ideology. Finally, the piece defends its enumerated and dubious assertions by stating that “claiming that everyone not in agreement with you is a homophobe is not a valid argument, so please try some original rationale for your opinion.” Id at para 5. This is a confusing statement considering that no original arguments have been pre- Happy Valentine’s Day Forget your Valentines Day card? sented in defense of its assertions. The piece merely presents simplistic and clichéd religious justifications with no objective support, and the unsubstantiated conclusions of Dr. Dobson, as its “original rationale.” Dobson stated on CNN’s “Larry King Live” on September 5, 2003 (following the Lawrence v. Texas decision) that same-sex couples “will destroy the family, which will destroy the nation, and I think eventually have a major impact on Western Civilization . . . . The research shows that they have as many as 300 to 1,000 partners in a lifetime.” What research? Who knows? When Paycheck’s Podium presents anything more than myopic stereotypes and sophomoric inanities passed off as “argument,” then serious consideration will be afforded those arguments. Until then the Podium is in no credible position to dictate the terms of what is and what is not valid discussion. Animus, ignorance, and fear directed toward homosexuals is little more than modern day Jim Crow extremism and presents a clear and disturbing picture of the modern right-wing agenda, and how out of touch it clearly is. Try again. - Justin Whittaker, 2L, is an Opinion staff columnist and can be reached at pysch_rock@yahoo.com. Send your Letters to the Editor at UB.Opinion@gmail.com ♥ ♥ ♥♥ ♥ Cupid Quits Love Business Cut & Color this one for your sweetheart! By Michael J. Fornasiero, ‘07 ↓ ↓ ↓ ↓ ↓ A fter more than two millennia of matchmaking, Cupid today announced that he was hanging up his bow and arrow and filing for bankruptcy protection. In a press release, Cupid, also known as Dr. Love during the 1970s, blamed the decision on the high cost of matchmaking malpractice insurance. “As a minor deity in an era of frivolous lawsuits, I no longer can afford to provide the public with the level of service that they have come to expect,” wrote Cupid. “Last year I spent more time in court than I spent behind my bow and arrow. The era of not-forprofit matchmaking is over.” In the United States, matchmaking malpractice lawsuits have largely tracked divorce rates, with more than a million such suits filed since last Valentine’s Day alone. Next week, the Supreme Court is expected to rule in favor of a Florida mother suing Cupid over “wrongful attraction” between her daughter and her cell phone. Such a ruling could have far reaching implications for Cupid, opening the courts to all manner of plaintiffs, from pets to pantsuits. Pheromone futures soared on Cupid’s announcement, and retailers across the country reported record sales for Twister and archery supplies. Meanwhile, media-related stocks plunged on worries that one of its most successful plot lines – “falling in love” – had gone the way of the Dodo. Fresh from a meeting with Hollywood screenwriters, California Governor Arnold Schwarzenegger was uncharacteristically subdued. “I don’t The Opinion Valentines Day Card 2/14/05 5 know what were going to do. Maybe more violence,” the governor said. “This changes everything. We’re living in a post-2/14 world. Yes. Maybe more violence.” In Italy, a teary-eyed Brad Pitt spoke fondly of the erstwhile matchmaker. The actor, fresh from his highly publicized split from hairdonext-door Jennifer Aniston, said, “Jennifer and I only fell in love for the publicity. I wish people would stop blaming Cupid. He had nothing to do with it. I love Cupid.” Known for his support of loveleaning causes like Habitat for Humanity and Amnesty International, Cupid spent most of last year campaigning for failed presidential candidate John Kerry. Just days before the election, Kerry was forced to distance himself from Cupid when Attorney General John Ashcroft revealed that Cupid was under investigation for his role in Britney Spears’ second wedding and love in general. Critics accused the White House of playing the “love card” in a cynical attempt to mobilize conservative voters. At a Niagara Falls’ press conference early this morning, Cupid, who made his first match in 117 B.C., shrugged off suggestions that the investigation had something to do with his decision. “It’s just time to move on. Maybe I’ll write an advice column. Who knows? Maybe I’ll fall in love with myself.” Lawyers for fellow deity Narcissus quickly threatened to file suit.— Michael Fornasiero can be reached at mjf29@buffalo.edu. �The Opinion February 2005 The Editor’s View Want to express your Opinion? Build your resume? T his issue’s unintentional focus on technology issues has the editors thinking about where the Law School is in the “wired” category amongst its peers and where we should be going. In recent years, Dean Olsen and Assistant Dean for Information Technology Alex Dzadur have taken this school out of the 1970s and brought us up to speed for the new millennium. They both deserve a lot of credit as we have set the campus standard for wireless technology in the classrooms and the Law School building. However, there is still much more to do. Take American University’s Kogod School of Business, who recently announced that they will be the first business school in the world to provide BlackBerry 7100t phones and T-Mobile HotSpot wireless broadband service to 300 of their graduate business students and faculty. Beginning February 1, graduate students who are admitted for fall and pay their tuition deposit, will receive a BlackBerry 7100t and access to HotSpot Service. Imagine, while prospective students are weighing their options on which law school to attend, only to receive a package in the mail from UB Law with their very own BlackBerry. American University’s BlackBerry 7100t will have a Real Simple Streaming (RSS) reader to access streams of Web content including, coursework, admissions information, job listings, and other internal information. In addition to providing this service for students who have yet to step foot on the AU campus, the BlackBerry and streaming information will be fully integrated into the business school’s academic program. UB’s version could be a direct link to the admissions office, faculty and current students. Reading assignments could be completed “on the go” and students could receive the latest information about housing and student loans. Sure this is a very expensive way to recruit top students and the only unique technology is the ability to check email and internet content wherever you may be. We say, so what? After all, what is the real use of wireless technology in the classrooms—except for keeping tabs on our email while professors drone on. BlackBerrys for newly admitted students are likely way off in the distant future, but the unique programs used by business schools should make their way into our law school. Healthcare Brought to Forefront as Student Group Looks to Form Continued from p. 2—starting in the second year of study. The concentration requires 9 hours of credit work. A clinic in Elder Law is also available. Since a focus on health law is so particular to UB Law and something that stands out to future employers, a number of students have decided that the time is right for a Health Law Student Organization. “The benefit of a health law organization at UB would be an organization for students who share an interest in legal issues which relate to health and the health care industry,” says 1L Michelle Daubert who is leading the effort to establish the new student group. “Participation in the health law organization will be a way for students to learn more about health law The Opinion newspaper is always looking for talented writers and editors to join our staff. Please send a letter of interest to: UB.Opinion@gmail.com Jazz Night Sponsored by BPILP and the SBA, benefiting BPILP Public Interest Fellowships Pearl Street Brewery • 8-11pm • $10 in advance • $12 at the door Featuring the Faculty/ Student Band “Class Action” and policy. Additionally, the focus will be on exploring career opportunities in health law. As a new organization, we hope to invite guest speakers from the community to UB, have discussions on current health law issues, and perhaps set up a mentorship program,” she continues. Daubert emphasizes that she is looking for interested students to help develop ideas for what activities and experiences the new organization could offer to those who hope to become involved in health related fields and to the school at large. She invites anyone who would like to be involved to please contact her at daubert@buffalo.edu. School Snow Closings? Dial 716-645-NEWS Is your career worth Movie Night with the Student Bar Association presents: $20? “The Paper Chase” Tuesday, February 15th 8pm Student Union Theater Free for Students & Friends Join the American Bar Association Law Student Division Save the date… Barrister Ball April 16, 2005 ABA Law Student Membership may be the best career investment you’ll ever make. Hosted by the Student Bar Association Call 1-800-285-ABA1 to learn why. www.abanet.org/lsd 6 �The Opinion February 2005 Tara’s Survey: Giving Back to the Law School When We are Rich By Tara Pinkham ‘06 W e are all trudging through the halls of UB Law School practically everyday. Sometimes, life outside of its four walls does not exist. It is important to think outside of O’Brian’s four walls. We need to think of our monetarily rich future and rich future which will mean giving money back to UB Law. I asked several law students such a question. When you are a rich attorney, what type of “fund” would you set up in your name to improve the law school and the educational experience at UB? It must be noted that “fund” was used in the most loose sense of the word. The most popular response was to create a permanent source of funding to public interest summer interns who work unpaid over the summer. It is obvious that I asked many people from our school’s Buffalo Public Interest Law Program. These students, however, make a great point. Jessica Keltz noted that, “students have to count on the proceeds of a fundraiser for their summer pay. Lots of students come to UB instead of bigger, fancier schools in order to save money so they can pursue a career in public interest law.” Other students wanted to hire a full time public interest staff person to help manage BPILP’s efforts. Robert Middlemiss explained that this staff member will be responsible for BPILP and would focus on finding public interest opportunities for students.” An unsurprising common complaint I encountered while asking students this survey regarded the bathrooms throughout the school. Jennifer ♥ ♥ ♥ Hyatt recognized that “It's obvious the building was designed when there was a much lower number of women in the law school. There's always a line between classes and I think it's crazy that some floors only have one, gender segregated stall.” Both Michael Mann and Leah Mervine adamantly support a “renew the bathroom fund.” Leah has already ambitious planned out the designs for “The Leah Mervine Water Closets.” She explained “I will donate money so that bathrooms will be renovated to include ventilation systems, new toilets and aesthetically pleasing fixtures. I will send UB pictures of the bathroom from the Mercury Lounge in the Warehouse District of Cleveland and have the person that designed that restroom to design them for UB Law!” I was worried there would be a dilemma over who we would name the bathrooms after given it’s two staunch reporters. Fortunately, Mike Mann came up with a solution like he always does. He will have the boy’s bathroom named after him, while Leah will have the girl’s name after her. Sarah Redzic, Nicole Haff, and Christine King would put their hard earned money for a law student only parking lot that is very close to the building. This would be complimented by exquisite snow removal sponsored. Christine made a great argument for a law student only parking lot. She exlained that “law students have a lot more Many students said that they create funds to make UB more aesthetically pleasing. Have you ever noticed the lack of windows in UB? Meredith Conner wants to remedy this problem by giving the school a $100,000 to “start pounding out a lot of holes.” She explained that these windows created in her name better be big and “not little peepholes or skylights.” Liz Kraengel would create a fund for the landscaping and aesthetic pleasures. Liz’s fund would be greatly appreciated as it would be great to have some grass amid all these bricks. The law school café could use a little work as well. I suggest that we have a full food selection, not vending machine slop. I would fund full-time caterers and cooks to make us wonderful food for our long studying nights. I would also fund a microwave that is self-cleaning so I would not have to look at the nasty stains left by other people’s food. Nicole Haff would compliment my idea by creating a fund to have plastic ware and paper towels available in the café. Nicole’s idea is probably the most practical I encountered while administering this survey. There were other funding suggestions that surprised me. Like, Greg Stein and Christine King advocated for setting up a bar in the law school. Don’t you spend enough time here? I would not want to hang around to socialize at school too. But Greg had a good point, “Students need a convenient place to go and get liquored up after classes.” I am sure the 1Ls could benefit from an inschool bar after writing their appellate briefs. Another bizarre funding idea came from Brooke Kirkland. I am sure that we have all recognized the Hodgson Russ classroom on the first floor. Apparently, the 2ls who were in section B last year had too many classes in that room which spurred Brooke to scream “knock out 106 and put in one of those bouncy air-filled play pens for adults... good to let out steam and gets rid of the damn room.” Do I feel a little animosity toward the Hodgson Russ room? Who could neglect our library. A few students wanted to set up a various library funds, some for hiring full time staff to monitor the printers and hand out the print jobs. Todd Chard would like the library to be open twenty-four hours. Then David Frech would set up the “David Frech Vacuum the Library Fund.” This fund was spurred by his observation that “I don’t think it has been vacuumed since the mid 1980's. Maybe that’s because the vacuums would get stuck on the duct tape holding the rugs together.” Other people have a more protectionist attitude toward our library. Take Justin Whittaker, who is angered by all of the undergrads who use our library. Upon giving the school a million dollars, he would enact the Undergraduate Student Enhancement Act (SEA), which would be better entitled “Ban All Undergraduates from the Law Library Act.” In his well-articulated act, under Art. I , all undergraduate students found (a) sleeping, (b) breathing, or (c) existing in the library shall be systematically persecuted and tortured,. His fund would also hire SEA enforcement officers. So law students, think hard! We will be out in the real world soon, it is not to early to think about giving money to UB Law. You might as well start being creative! - Tara Pinkham can be reached at tpinkham@buffalo.edu. Law School (Valentines Love) Horoscopes ♥ ♥ ♥ By Tracey Stephen ‘06 (Law Student Extraordinaire & Psychic) ARIES (March 20–April 19): You are confident as you drift through your own emotions and dream about the love you have or the perfect love in your future. Even if you are driven now to go out and make a relationship happen, don't do it for the wrong reasons. You only live once, and sometimes it is better to be alone than to be with someone that you are not truly happy with. TAURUS (April 20–May 20): Your mental and physical mind is being shaken by the emotions of the Moon this month. You could be persuaded to throw caution to the wind and move steadily toward making your relationship more meaningful for both you and your partner. But be wary of using others for your own sensory enjoyment without considering their needs. GEMINI (May 21–June 20): You Twins are surely the cleverest in all of law school, and now you need to add a new trick to your bag of magic. It's time for you to learn how to be more sensitive and sympathetic. Although this knowledge can hurt you, it is important for you to be more open to letting in the pain of someone you love. Don't allow yourself to be distracted by the first thing that comes along. Let your emotions swirl around vividly in your mind, even if they do make you a bit uncomfortable. CANCER (June 21–July 22): You may be in your stay-in-and-chill mode of thinking; however in the long run, you probably won't be content to just let the world pass you by. There's a part of you that sees an opportunity to get what you want. There could even be a voice in the back of your head reminding you what will happen if you don't go for it. Listen to that small voice. It has your best interest at heart. LEO (July 23–August 22): You would benefit from sitting quietly thinking about what you most want out of life. Even if you feel self-indulgent, don't negotiate away your heart's desire for temporary enjoyment. Even these short moments of deliberation can be beneficial to your mental and emotional state. VIRGO (August 23– September 22): It's hard to ask for what you want, especially in a developing romantic relationship. You are so interested in making everything just right that you inadvertently set aside your own needs. Ask yourself what you are really worth, and then lay your needs on the table. The benefits may not be immediately obvious, but the stage is being set for what follows. LIBRA (September 23–October 22): Don't slip back into your old tricks of self-denial as the feelings ramp up an- 7 other notch this semester. You are now on the receiving end of intense waves of passion. You can try to bury them deeply within the ocean, but they're going to boil and steam until you bring them closer to the surface. This is your stuff and you need to become inspired by it rather than being fearful. SCORPIO (October 23–November 21): Your feelings are growing as Valentine’s Day approaches. It may also feel as if your emotions are somewhat stuck. Worse yet, old issues that you thought were fully processed can come back to haunt you. On the positive side, opportunities for new conquests -both professional and emotional -- are present, but you may not be ready. Don't be so hard on yourself. You'll know when the time is right. SAGITTARIUS (November 22–December 21): Too much indulgence isn't good for you as the second semester of law school gets under way. Since you aren't likely to take advice now, you can overestimate your capacity, so it's important to watch your limits as you eat, drink or “be merry.” Remember, your judgment is fuzzy because your attractions are being magnified. Keep reminding yourself that what you see is not what you will get. CAPRICORN (December 22–January 19): Don't make assumptions now, for they will get you into trouble later in the semester. You think that you know what is motivating others, but you probably will overestimate their interest in your project or in your life. It's not that they won't participate; it's just that it will be better if they act out of their own free will rather than responding to your coercion. AQUARIUS (January 20–February 18): Don't rely on others for too much or you may end up being disappointed. If you are not independent in your thinking and actions you may look back and realize that you are just cloning the person you are with or desire to be with. Being truly happy means accepting that not everyone is going to enjoy your quirks. Accept this reality, and your confidence will shine through! PISCES (February 19–March 19): Others may see you as more energetic and outgoing than you feel. You are motivated now toward extravagance, big plans and sensory fulfillment. In other words, you may be feeling lazy and selfindulgent, but the only path you see for yourself involves expending energy with others. Go ahead and play the game, even if you aren't fully into it. Results will follow and then you can rest. Have fun this Valentines Day, hopefully you will spend it with someone special. �The Opinion February 2005 Entertainment & Events in Buffalo Legendary Guitarist Steve Vai to Perform on Campus April 4 BUFFALO, N.Y. -- The Center for the Arts at the University at Buffalo will present Steve Vai at 8 p.m. on April 4 in the Mainstage theater in the Center for the Arts on the UB North (Amherst) Campus. Vai is best known for his selfcomposed, performed and produced guitar instrumental music, but he also has played on the recordings of several other rock acts. Vai made his name playing "stunt guitar" with the legendary rock performer, composer, music producer and publishing mogul Frank Zappa. In the early 1980s he replaced Yngwie Malmsteen as lead guitarist in the band Alcatrazz. Then he joined former Van Halen front man David Lee Roth's group to record the albums "Eat 'em and Smile" and "Skyscraper." Vai also recorded with British rock legends Whitesnake. Vai continues to tour regularly, both with his own group and with his one-time teacher and fellow Grammy award-winning guitar instrumentalist Joe Satriani (on the G3 series of tours). Vai's "Real Illusions Tour" features an all-star band includ- ing: Billy Sheehan, Tony MacAlpine, Jeremy Colson and Dave Weiner. Bassist and Buffalo native, Sheehan, rose to cult status in the 1980s with his Buffalo based band Talas, and was recruited by David Lee Roth when Roth left Van Halen in 1985. He recorded two platinum selling albums with the former Van Halen front man before setting out on his own to form Mr. Big in 1989. The band achieved a Billboard No. 1 single in the U.S. and 14 other countries with "To Be With You" from their second Atlantic Records album release "Lean Into It." Sheehan has performed over 4,000 live gigs on nearly every continent. Tickets are $29, and $25 for UB students. Tickets are available from 10 a.m. to 6 p.m. Monday through Friday in the Center for the Arts Box Office and all Ticketmaster locations, including Kaufmann's. To charge tickets, call 852-5000; in Canada, call 1416-870-8000. For group sales, call at 645-6771. For more information call 645-ARTS. The Center for the Arts is a Ticketfast location.— UB Newswire National Tour of “Rent” to be performed at UB in February BUFFALO, N.Y. -- The Pulitzer Prize and Tony Award-winning landmark American musical Rent, written by Jonathan Larson and directed by Michael Greif, is coming to the Mainstage Theatre at the Center for the Arts at the University at Buffalo for two performances, Feb. 22-23 at 8 p.m. Tickets for all performances are on sale now and can be purchased from 10 a.m. to 6 p.m. Monday through Friday in the Center for the Arts Box Office and all Ticketmaster locations, including Kaufmann's and Ticketmaster.com, or by phone at 8525000. For group information, contact 645-6771. Inspired by Puccini's "La Boheme," "Rent" is a joyous, breathtaking and often bittersweet musical that celebrates a community of artists as they struggle with the soaring hopes and tough realities of today's world. “Rent” is taking the country by storm. Sweeping all major theater awards, including the 1996 Tony Award for Best Musical as well as the Pulitzer Prize for Drama, Rent captures the heart and spirit of a generation. The show received its world premiere off-Broadway at New York Theatre Workshop on Feb. 13, 1996, to ecstatic reviews. It rapidly became a sold-out hit. The show transferred to Broadway on April 29, 1996, and continues to play to standing-room-only audiences. On Feb. 10 this year, "Rent" surpassed "Fiddler on the Roof" to become the 10th-longest running show in Broadway history. The most honored musical since "A Chorus Line" in 1976, "Rent" is only the fifth musical to ever win both the Pulitzer Prize and the Tony Award. The success of "Rent" is always tempered by the death of its creator, Jonathan Larson. Larson died unexpectedly of an aortic aneurysm on the morning of Jan. 25, 1996, just hours after "Rent's" final dress rehearsal off-Broadway, and 10 days before his 36th birthday. Tickets are $49, $43 and $37. Additional show information can be found at www.rentthetour.com. —UB Newswire Submit info on your event to: UB.Opinion@gmail.com The Docket Who: “Jazz Night”—Sponsored by BPILP and the SBA When: Friday, Feb. 11, 8-11pm @ Pearl Street Brewery Scoop: Tickets are $10 in advance and $12 at the door, should be great to see professors hanging out with students, raising money for a good cause and well, beer. Who: Movie Night w/ the SBA presents “A Legal Cult Classic: ‘The Paper Chase’” When: Tuesday, Feb. 15, 8-10pm @ Student Union Theater Scoop: This is a FREE event, I repeat FREE ! Every law student has been asked if they have seen the “Paper Chase,” now you can say yes! Who: SBA Welcome Back Bar Night When: Thursday, Feb. 17 from 9-12am at “Quote,” Downtown Buffalo Scoop: Never miss an SBA bar night...they are craaaaazy... Who: Buffalo Public Interest Law Program 10th Annual Auction When: Friday, Feb. 25 from 7-11pm at the Rich Renaissance Niagara Atrium Scoop: Tickets are $25, well worth it after last year’s auction. What do you get with top shelf alcohol + the ability to bid on cool items? Who: UB Madden 2005 Football Tournament on Playstation 2 When: Friday, March 4 from 7-1am at Alumni Arena & other campus locations Scoop: For $5 dollars you get to show all those trash talkers who REALLY is the best at Madden. Who: University of Virginia Law School Annual Softball Tournament When: April 1-3 at venues around Charlottesville, VA Scoop: SBA is putting together at least one team to compete in against law students across the country, keep your eyes open for more info! Who: Students of Color Dinner When: Friday, April 8 at the Marriott Hotel in Amherst Scoop: One of the premier events at the law school, wouldn't miss it and neither should you! Who: Barristers Ball 2005 When: Saturday, April 16 at The Statler Hotel, Buffalo Scoop: How can you miss the prom? Be there or be square. 8 � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Opinion, 2005-02 Date Issued Date of formal issuance (e.g., publication) of the resource. 2/1/2005 Bibliographic Citation A bibliographic reference for the resource. Recommended practice is to include sufficient bibliographic detail to identify the resource as unambiguously as possible. 43 4 Publisher An entity responsible for making the resource available UB Law School State University of New York at Buffalo Law School Language A language of the resource eng Type The nature or genre of the resource Newspapers Text Is Part Of A related resource in which the described resource is physically or logically included. LIB-LAW003 Rights Information about rights held in and over the resource <a href="https://rightsstatements.org/page/CNE/1.0/">COPYRIGHT NOT EVALUATED</a>. The copyright and related rights status of this Item has not been evaluated. Please refer to the organization that has made the Item available for more information. You are free to use this Item in any way that is permitted by the copyright and related rights legislation that applies to your use. This digital collection is made available for research and educational purposes. Researchers are responsible for determining copyright status, and securing permissions for use and publication of any material. Copyright for items in this collection may be held by the creators, their heirs, or assigns. Researchers are required to obtain written permission from copyright holders and the University Archives prior to reproducing or publishing materials, including images and quotations. For inquiries about reproduction requests and permissions, please contact the <a href="http://library.buffalo.edu/archives/">University Archives</a>. If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/651ac9a929ed5e266823b9cb223a238d.pdf 6e61df6f5b475fb14abaf83045a07047 PDF Text Text THE OPINION Finals Edition!!! Vol. 43, Issue 3 The Official Student Newspaper of the University at Buffalo Law School Records and Registration changes hours Buffalo, NY—The memo in our email inboxes from Associate Dean Karen Cowart said it all. It was a Thanksgiving treat for all law students courtesy of Dean Olsen, Dean Cowart and the Student Bar Association. After continued complaints from law students both young and old, Records and Registration will only close from 1-2pm, instead of the previous hours of midday closure (12-2pm). The 2 hour midday closing has been explained in the past as a chance for the Records and Registration staff to catch up on student paperwork which cannot be completed with students constantly streaming to the R & R window. Some of these tasks include filling transcript requests, inserting grades to student records and preparing for class registrations among many others. However this semester, the Student Bar Association suggested that this work be completed at another time of day which could be more convenient in student schedules. The SBA felt that too many students are forced to wait an extra 2 hours on campus just to address their business. When brought to the attention of Dean Olsen, he agreed to intervene and was quick to act. With the hard work of Dean Olsen and Associate Dean Cowart students have an extra hour in the afternoon to do their Records and Registration registration. New Times for Records and Registration 9:00am—1:00pm 2:00pm—4:00pm Closed no more thanks to the efforts of Dean Olsen, Associate Dean Cowart and the SBA. This Month in the Opinion… Harvard comes to campus More Library tales Horoscopes BPILP Jazz Night Lots more articles & Opinions…. THE OPINION UB Law School 101 O’Brian Hall Buffalo, NY 14260 December 2004 Got Student Loans??? By Mari McClure ‘06 Buffalo, NY—Many law students who finance their legal education with federal student loans find it commonplace to open the mailbox (or the inbox) and find loan consolidation solicitations. The thought of student loan payments and the complexities of consolidation can be very daunting, leaving many students mystified and perhaps vulnerable to the soliciting consolidators. Although it may feel that graduation day is never going to arrive (particularly during exams), the highly anticipated day is right around the corner and the monster of educational debt will soon rear its ugly head. But take heart! There are people, fellow students in fact, who are in the business of helping students understand personalized strategies to manage the monster successfully. The company is called Graduate Leverage (GL) and the Student Bar Association recently sponsored a lecture where one of GL’s founders and current Harvard University student, Andrew Solomon, spoke to attendees about how GL can help. Mr. Solomon offered an informative presentation which included student loan con- Andrew Solomon of Graduate Leverage speaks with John Rudy ‘05 solidation suggestions and an overview of the consolidation process. GL is a student loan consolidation and debt management company founded by postgraduates from top colleges and universities. The company developed as a result of a field study at Harvard Business School where future GL founders analyzed the student loan industry and the issues facing students regarding loan consolidation. Today, by working with financial aid offices and student body organizations, GL operates to give a fair and impartial message on debt management. During the lecture, Mr. Solomon offered many pointers to assist students interested in consolidation. For example, there are two government sponsored consolidation programs, the Direct Program and the FFELP Program. Both allow for simplification of the billing progress through one bill, lower monthly payments, and the opportunity to lock in a low interest rate for the life of the loans. The programs offer different incentives (timely payments for example) and benefits. Additionally, Mr. Solomon discussed the timing of consolidation and likely changes in interest rates. The rates reset on July 1st and the announcement of the new rate will affect the timing of consolidation. Cont. on p. 6 SBA Looks to Website to Help Students Pick Professors & Courses Buffalo, NY—Deciding what classes to sign up for during registration can be a difficult task if students are unsure about a professor or what his or her class may be like. Hopefully not anymore. The Student Bar Association's efforts have brought students one step closer to providing teacher evaluations through the use of a Web site not affiliated with the SBA or the Law School. The SBA recently started discussions with Pick-A-Prof to provide a forum where students can evaluate their professors and set up mock schedules based upon the classes they are looking to take and the evaluations given by others students. Soon students can log onto the Pick-A-Prof Web site, www.pickaprof.com, and set up a mock class schedule with the classes available for the coming semester. However, at first there will be no teacher comments or grade histories posted for each professor. Started in April 2000 by Chris Chilek and John Cunningham, the site was established because they saw a great need for students to know more about professors and classes on campuses throughout the country, Chilek said. “Students will usually ask their friends the professors they've had and whether they were good or not,” Chilek said. “Basically, we took that idea and expanded it to the 1 point where you could find out information about a professor before you registered for their course.” One service provided on the site is a student review option where students can write evaluations about a professor or read comments from others. The site does not allow profanity or personal attacks on professors, and reviews are ranked according to how useful they are, Cunningham said. “A review is not just checked over by a computer software that is looking for bad words,” Cunningham said. “It is actually read by a human here in our office.” Reviews that focus more on courses are more likely to be posted, Chilek said. “We like to post whatever information will be useful to a student considering taking the course, including exam type, homework load and attendance policy,” Chilek said. “General information that actually has some benefit rather than ‘good professor’ or ‘bad professor.’” Students can also see average grades for a certain class listed -- including the number of people who have dropped the course -- by professor, course number or department. Some faculty and staff members on various campuses have been skeptical of the site as a reputable source because they are not aware of what the site provides, said Karen Bragg, director of university relations for the site. “Some professors don't like the fact that students can come on our site and complain about them, but I explain to them that we don't accept profanity or personal attacks and 75 percent of the reviews praise the professors.” Mike Mann, SBA president, said the SBA is working to post this semester’s schedule on the site so students can comment on their professors after final exams. Mann said Pick-A-Prof will not replace the teacher evaluations now in use, but will give the students an outlet where their comments can be viewed by other students. “My greatest concern is that students will not abuse the service and that any negative feedback about professors would not hurt the [Law School’s] reputation and recruitment. Right now we are looking for just a test run and if needed work with the faculty to address their concerns.” A resolution will be proposed during the final SBA meeting of the semester to encourage the SBA to implement the Pick-A-Prof system. Other news from the SBA include: • A successful Thanksgiving Food Drive, cosponsored by BarBri to benefit the Western NY Food Pantry, thanks all who participated! • Textbook exchange on www.ubsba.com �The Opinion Rehnquist’s Legacy Shaped by Efforts to Limit Federal Powers, and His Dissent in Roe v. Wade, Says Supreme Court Expert Bush Likely to name new chief justice from outside of current court Buffalo, NY—If Supreme Court Justice William Rehnquist soon retires from the bench because of thyroid cancer -- as many speculate he will -- he will leave behind a legacy as "a strong chief justice, generally well-liked by his brethren," according to a Supreme Court expert at the Law School. "Rehnquist will be remembered for leading the court in the movement to curtail national government powers. That was something that he initiated and was the principal moving force behind," says Professor Lee Albert. "He thought it was time for Congress to be reminded that there are states, and there are some things that states can do as well as, or better than, the federal government." Rehnquist also will be remembered for his dissent in Roe v. Wade. "Of course, he is identified as being staunchly against Roe v. Wade and its progeny," Albert says. "He was one of the two dissenters, and a strong dissent it was. He has been consistent on abortion since then. "His opinions in many areas reflect a narrow view of constitutional rights," Albert adds. Though consistently conservative in his opinions, Rehnquist has been "not a man of total predictability," Albert says. "He surprised many when he wrote the majority opinion (in 2000) to maintain the Miranda warnings though he originally opposed Miranda (in 1966). This showed his interest in stability; it showed that he's not just a results-oriented kind of justice." Albert expects President Bush will look outside the current court for a chief justice to replace Rehnquist. "This will be a special appointment for Bush because he will not just be appointing a justice, he will be appointing a chief justice," Albert says. "One current justice might qualify as chief justice -- Justice Antonin Scalia -- but that would be far too controversial and I don't think Bush wants to pick that fight." Albert and most court observers speculate that at least one other justice will step down during Bush's second term, and that Bush will appoint a conservative justice in the tradition of Clarence Thomas and Scalia. "Bush's choices for lower courts have been controversial by virtue of the appointees having pronounced conservative views on the hot issues of the day. There's no reason that would change when it comes to high court appointments," Albert says. So what is the story with the Class of 2007? The students range in age from 20 to 50, with 53 percent men and Buffalo, NY—The 247 students who 47 percent women. Fourteen percent are from out of state, Wiley-Upshaw make up UB Law School's Class of 2007 are diverse in age, geography, says, and 9 percent are from other origins and life experience, but they countries, including Korea, China, share a crucial ingredient for success Canada and Spain. Coming to law school out of sciin law school: smarts. entific backgrounds seems to be Nearly one in 10 already holds more common. Twenty-seven Class an advanced degree. Their median of 2007 students were science magrade point average of 3.44, and jors in undergraduate or graduate their median LSAT score of 155, demonstrate the high academic qual- school, representing such disciplines ity of this newest group of UB Law's as biology, chemistry, electrical engineering, and aerospace and aerofuture alumni. "Our tradition of admitting smart, nautical engineering. hard-working, diverse and interesting students continues," says Lillie V. Wiley-Upshaw, associate dean and director of admissions and financial aid. "There are nontraditional students, defined as anyone not directly out of undergraduate school; parents; people from out of state and throughout the state of New York; students who lived in the inner city and some who grew up in rural settings. We have war veterans, and others opposed to military service; first-generation students, and others whose mothers and fathers are attorneys." Featured in the UB Law Links Watching & Being Watched: UB Art Exhibitions and Law School Workshop Confront Issues of Privacy & Censorship in the Age of the Patriot Act Buffalo, NY—Concerns about privacy, surveillance and censorship are not new to the world stage. With the passage of the USA Patriot Act, however, members of the art and legal communities have begun to raise new questions about the chilling effect of government policy on artistic expression. The University at Buffalo Art Gallery and UB Law School collaborated in a unique way to discuss the impact of government policies on cultural production and personal privacy, and the art community's response to censorship. Two exhibitions in the UB Art Gallery in the Center for the Arts -- "Arnold Mesches: The FBI Files," and the group exhibit "Shutters" -provide a compelling backdrop for a workshop, "Government Policy, Cultural Production, Personal Privacy," held September 10, in the UB Center for the Arts, hosted by UB's Baldy Center for Law & Social Policy. "A consummate painter who juxtaposes images from history, memory and the contemporary media, Arnold Mesches always has challenged viewers to consider the world's inconsistencies in the past and present," said UB Art Gallery director Sandra Olsen. "Since this series was prompted by personal experience that required the artist's own legal action, it seemed natural and appropriate to examine and discuss these and related issues with our colleagues at the UB Law School." Added Dean Olsen: "The UB Law School is proud to cosponsor with the UB Art Galleries a conference that will address the impact of governmental surveillance on cultural production and personal privacy, the availability of the Freedom of Information Act to provide the artist with a record of the surveillance and the response of the artist to censorship. "While government surveillance of the arts has a long history in the United States, recent developments in technology and the heightened concern over terrorism have raised these issues in new and compelling settings." Happy Holidays Happy Holidays Happy Holidays Happy Holidays L to R: Lisa Gibertoni, Kelly Connors, Burim Namani & Amanda Bowman 2 For artist Arnold Mesches, the issue of government surveillance is central to his work. Through the 1966 Freedom of Information Act, he obtained a copy of his 700-page FBI file, which contains information collected by informants during the McCarthy era. Suspected of Communist activity, Mesches was investigated with the help of students, fellow artists, even a lover. Mixed media works containing copies of part of his FBI file were on view in the UB Art Gallery through Sept. 13. In "Shutters," an exhibition opening in UB Art Gallery ran through Nov. 23, artists like Niels Bonde from Copenhagen address the concept of contemporary surveillance in their art often by simultaneously placing the viewer in the role of watching while being watched. "The rules of the game are always more complicated than we think," explained Bonde. "'Shutters' investigates how people inhabit a variety of domestic interiors by focusing on the act of watching," added UB Art Galley curator Sandra Firmin. "Both internal and external surveillance are certainly central to the exhibition, but voyeurism, the uncanny presence of something lurking and the pleasure derived from being seen also are integral to contemporary states of dwelling." During the UB workshop, artists and experts in law and advocacy looked back on the events of Mesches' time and responded to the impact of current government policies on cultural production and personal privacy as illustrated by the artists in "Shutters." The workshop's first panel, moderated by Firmin, provided a historical discussion of the McCarthy era and ramifications of the Freedom of Information Act on the visual arts. In the second panel, UB Law Professor George Kannar moderated a discussion on contemporary threats to freedom of expression, focusing on the implications of the Patriot Act, censorship and trends in Amherst No Longer Safest Town in U.S. Amherst, NY – Watch your back everyone while walking to your cars. No longer can we proudly claim that Amherst is the “Safest City in America.” After a four-year reign, the Town was voted out of the top spot, falling to the third place in the rankings of the nation’s safest cities— behind Newton, MA, and Brick Township, NJ. Each year the Morgan Quitno Corp. publishes the official “City Crime Rankings” book, which is based on the FBI's uniform crime statistics report for the year. The report compares 350 municipalities with populations above 75,000. Though the rationale for the rankings – similar to US News’ rationale for ranking the Law School is unknown, we will likely have an idea once the book is published. The Buffalo News reports that there is a 20% increase in violent crime right here in Amherst, including a 2003 homicide in Williamsville which threw us off track. The Opinion Newspaper disputes this increase in violent crime since the only homicide occurred in March 2003, when a man allegedly stabbed his mother 77 times inside their home because he thought she had “an evil eye.” Leave it to an incident such as this to dethrone Amherst as the safest city. In case you are looking to move after graduation, after Amherst, the next seven safest cities include Mission Viejo, CA; Clarkstown, NY; Lake Forest, CA; Thousand Oaks, CA; Colonie Cary, NC; and Dover Township, NJ. Places we advise you to move to: Camden, NJ must be proud to be ranked as the country's most dangerous city followed by Detroit (just ask Ron Artest); Atlanta; St. Louis; Gary, Indiana.; Washington, DC; Hartford; New Orleans; Richmond; and Birmingham, AL. �The Opinion December 2004 Pensions, Politics, and the “Public Interest” Professor Jim Wooten Probes the History of ERISA Buffalo, NY—In a time of increasing cynicism about the workings of government and the role of special-interest lobbies, Professor James A. Wooten's new book of legal history is refreshing: It tells the story of a major piece of legislation that benefited millions of workers and came about because public servants wanted to do what was right. The book, due out in January, is The Employee Retirement Income Security Act of 1974: A Political History. ERISA, as the complex law is known, was the federal government's first major foray into regulating private pension programs. Through such measures as fiduciary standards of conduct, minimum vesting and funding standards, and a government-run insurance program, ERISA sought to ensure that no employer would ever leave its retired workers impoverished by defaulting on its pension promises. Contrary to other political historians' assertions that special interests called the shots as ERISA took shape, Wooten shows that the legislation was the product of committed and reformminded politicians, most prominently Sen. Jacob K. Javits, R-N.Y. "Before 1974, there was only minimal regulation of pension plans," says Wooten, whose book is being published by the University of California Press in conjunction with the Milbank Memorial Fund and the Employee Benefit Research Institute. "The questions I started with were, who wanted ERISA to pass, and why did it pass?" To answer these questions, he did a decade's worth of research in primary sources. The list of archives he mined for information is long: the presidential papers of John F. Kennedy, Lyndon B. Johnson, Richard M. Nixon and Gerald R. Ford (who signed ERISA into law); archives of the fed- Marie Nesbitt Promise Prize Awarded to 2L Valencia Buffalo, NY—Vikki L. Pryor, president and CEO of SBLI USA Mutual Life Insurance Company, Inc., awarded the third annual Marie Nesbitt Promise Prize to Sara L. Valencia, a 2L. The award was presented by Josephine S. Nobel, the 2003 Marie Nesbitt Promise Prize recipient, at the 22nd Annual Scholarship Dinner of The Minority Bar Association of Western New York on October 1, 2004 at the Buffalo Convention Center. The $5,000 "Promise Prize" award is bestowed annually on a student of African descent who has shown academic achievement and professional promise during the first year of law school at the University at Buffalo, Ms. Pryor's alma mater. Ms. Pryor created the award in 2002 in memory of her grandmother, Marie Nesbitt, who was a great granddaughter of slaves and whose formal education stopped at the third grade. Having lived through the Great Depression, World War II, as well as the Jim Crow and Civil Rights eras, Ms. Nesbitt was a woman of strong opinions and deeply held principles who was an inspiration to everyone with whom she came in contact. "Despite the very real difficulties that my grandmother endured, she was an inspiration for me and for every person she touched. Marie Nesbitt taught me to reach for the stars by doing my best, to stand up for what I believed in, and to never give up," said Ms. Pryor. "For the third consecutive year, my grandmother's legacy of giving will be passed on through the Marie Nesbitt Promise Prize. Over time, the award will create a network of young people dedicated to achieving their human potential and hopefully giving back to our communities." A native of Brooklyn, New York, Sara Va- eral Departments of Labor, Treasury and Commerce, the Office of Management and Budget, and the steelworkers, garment workers, and autoworkers unions; individual legislators' papers, including those of Javits and Sens. Harrison Williams and Mike Mansfield and Congressman Wilbur Mills; and the South Bend, Ind., archives of the Studebaker Corp., the 1963 collapse of whose retirement plan was a seminal event in framing the debate over pension reform. Wooten also interviewed key legislative figures from the 1970s, including members of Congress, congressional staffers, and staffers from the Departments of Labor and Treasury. "Pension people really love pension plans," Wooten says. "They wanted to talk about the story and why they did what they did. With their help I was able to construct a broader, more comprehensive picture than any of them could have done individually." The history, he says, involved "both policy and politics." And the competing interests were not uniform, as evidenced by a deep split in the labor movement over the issue of pension security. The industrial unions such as the autoworkers and steelworkers, he says, strongly favored ERISA, because their pension plans were managed by employers. But in craft unions, for example, in the building and construction trades, sentiment was firmly against the legislation, because workers in these industries participated in multi-employer plans in which union officials played the predominant role in plan administration. The business community, says Wooten, opposed the new government regulation across the board. "ERISA is a law that passed because reformers who thought workers were at risk wanted to make those workers safer," Wooten says simply. ERISA is lencia has demonstrated exceptionally high levels of academic and professional achievement. Her passion for law developed during her undergraduate years while studying sociology, women's studies and history at the State University of New York at Albany, where she graduated Summa Cum Laude and was elected to Phi Beta Kappa. It was Ms. Valencia's vision of law as a vehicle for social change that inspired her to pursue a legal career and a series of positions that have enabled her to make valuable contributions in public service. "Being selected as this year's recipient of the Marie Nesbitt Promise Award is both a tremendous honor and an inspiration, said Ms. Valencia. "Marie Nesbitt's legacy inspires me to set higher professional and personal standards for myself." At the University at Buffalo, Ms. Valencia ranks in the top 15 percent of her law school class and is the recipient of the Arthur. A Schomburg Fellowship. She is the policy editor for the Buffalo Women's Law Journal and also works as a law clerk for a Buffalo law firm. She will receive her Juris Doctor in 2006. Ms. Pryor is an alumna of the State University of New York at Buffalo as well as its law school and was one of the early members of the BLSA (Black Law Students Association) at the law school. She serves on the Dean's Advisory Council at the law school, and was honored with its 2002 Distinguished Alumna Award for exemplary performance in business. In 2001, Ms. Pryor received her own "day of proclamation" from the Common Council of the city of Buffalo and the Western New York Minority Bar Association. — Originally printed in UB Law Links, Oct. 2004. also interesting and unusual because Congress, rather than the executive branch, played the major role in publicizing pension issues and drafting reform legislation. Another notable point is that ERISA was developed during the 93rd Congress, which was in session in the dark days of the Watergate scandal. Wooten, who left the practice of law to work on his doctoral dissertation at Yale University, notes that "ERISA is a law that affects many areas of legal practice. The most obvious examples are fields like labor and employment law and tax," says Wooten. "But ERISA also has important effects in fields like health-care law, domestic relations, property, and estates and trusts. It is extremely broad in its sweep." After his book's long and difficult birth, Wooten says he is satisfied that he has done justice to the complex interplay of reform-minded politics and self-serving interests that surrounded the ERISA debate. "The political history of ERISA is not a simple story of good triumphing over evil," he says, "but it is not a story of evil triumphing over good, either, which is the one we usually get. From a political perspective as well as a policy perspective, ERISA was a very complicated legal reform.” — Originally written for UB Law Links, Oct. ‘04. The Opinion Students Wanted for Leadership Positions with the ABA Law Student Division Nat’l Chair, Vice Chair & Secretary Treasurer Application Postmarked by Feb. 1 2d Circuit Governor (New York) Application Postmarked by Feb. 1 Liaisons to ABA Specialty Sections Application Postmarked by March 15 National Student Directors: VITA, Client Counseling Competition, Negotiation Competition, and National Appellate Advocacy Competition Application Postmarked by March 15 Student Lawyer Student Editor Application Postmarked by Feb. 1 Attention 1Ls and 2Ls, applications and additional descriptions can be found at www.abanet.org/lsd/elections, or email Mike Mann at mdmann@buffalo.edu Congratulations to the Class of 2004 on their 80%+ Bar Passage !!! 3 �The Opinion December 2004 Opinions & Commentary Both political parties must move past November Election… By Pat McNelis, ‘07 T he election is over. It’s time to move on. While the political implications of the 2004 will be played out in the coming years, the time to attack and assault the candidates has passed. George W. Bush has been reelected. Regardless of who you voted for, that fact remains and cannot be contradicted. I’ve voted in two presidential campaigns, but it still would appear to me that 2004 was probably one of the most partisan and divisive campaigns in quite some time. The country was, for most intents and purposes, divided up into red and blue, and anyone unwilling to join either side was, as one recent Spectrum editorial claimed, an indecisive coward. Thus, everyone has been demonized by someone. The resolution of the election did very little to quell the heightened emotions of both “sides.” So much so, that both candidates urged their respective constituents to begin to bridge the partisan divide. It’s a daunting task considering the harsh, often personal, attacks at the opposition throughout the months leading up to, and following, Election Day. One British paper ran a headline asking how nearly sixty million Americans could be so “dumb.” Groups refused to accept Kerry’s concession, and of course came the threats to move to Canada. This refusal to address Bush’s reelection, and the reasons for it, is probably the biggest problem. It seems as though Bush supporters are comfortable claiming a supposed mandate and gain of political capital, while Kerry supporters seek to diminish Bush voters to point of blatant, irresponsible idiocy. Both sides accuse the other of elitism and self righteousness, as well as ignorance and foolishness. And then wonder why such a partisan schism exists. This is precisely what needs to change in order to bridge the partisan divide as opposed to simply move onward. If we are to move forward we need to do it together. The American Civil Liberties Union, in regards to their stance on the First Amendment, encourage as many voices as possible to speak up and be heard. This is an important step to take. Instead of closing off one’s ears to voices of dissent, it is rather important to hear them out in order to engage each other over the points of conflict. We need genuine debate as opposed to closed ears and party lines. Narrow, polarized viewpoints will only lead to further divisiveness. Open, genuine, and thoughtful discussion of the numerous issues facing us as we tries to move on can only foster good results. Demonizing the opposition and refusing to give a contrary opinion its due credence can only result in a frustrating stalemate. Adhering to partisanship and unquestioningly considering anyone who disagrees to be a villain will only heighten the divide. British journalist John Humphreys said recently that “we should expect—and demand—that when people are setting our policies or trying to persuade us of something they engage in proper debate and don’t simply give us a set of unchallenging propositions.” Following this idea, everyone can come to the political table with their distinct voice, after all there are more than just schools of political thought. The country isn’t divided up into Democrats and Republicans. Opening up to not only what the other sides think, but also why, and for what reasons, the governmental machine can act on our behalf, not just theirs.— Pat can be reached at crashingwave@yahoo.com The Conservative Corner’s Fiction By Justin Whittaker ‘06 I got a copy of volume 1, issue 1 of a new student periodical in my mailbox a couple of weeks ago. It is entitled Conservative Corner [hereinafter “CC”]. Evidently, the pervasively neo conservative thought and policy throughout the country since House Republicans promised to restore “integrity and decency” to American politics in 1994, inspired UB Law Conservatives to speak out against the liberal bias that keeps them down. My hopes for a well thought out and serious presentation of an alternative view point were quickly dashed upon the rocks of the Sea of Inanity. What I got instead, right from the giddy up was the same tired rhetoric espoused by Fox News, and next to no authority to back up the CC’s overly symbolic chest-beating and rampant hyperbole. I wish to address my disappointment Editor’s Note and Retraction In the Opinion’s November issue the editorial board made “unauthorized” changes to an article written by Ann X. Zhu, ’07 and sincerely apologize. The article, featured on p. 2, was about the visit of Michael McCann to the Law School in which he promoted his new book “DisTorting the Law.” Please contact the Opinion office if you would like a copy of the original authorsubmitted version of the article. The Opinion sincerely apologizes and has taken the preventative steps of no longer editing the articles placed in its paper...just kidding...sort of...We do apologize. in the following run down of the CC’s top three most patently misleading, erroneous, and uninformed talking points. In no particular order: 1. In the piece entitled “Welcome from the Editor,” it states that the “[Republican Party] stands for limited government, as opposed to the government involved in every aspect of your life.” CC, vol. 1, 1 at 1. In addition, it asserts that “we are one America, fighting to keep our nation safe from terrorism, ensuring freedom and liberty for each individual . . . .” Id. These assessments of the conservative mission statement would indicate that the Republican Party is a party which recognizes individual liberties for all members of society, and that the federal government doesn’t belong in the daily life of “person [s].” However, it is difficult to reconcile this piece of cognitive dissonance with actual facts. Consider the following positions explicitly memorialized in The 2004 Republican Party Platform [hereinafter “RNC Platform”]: “We oppose school-based clinics that provide referrals, counseling, and related services for contraception and abortion.” RNC Platform at 81. “We strongly support President Bush’s call for a Constitutional amendment that fully protects marriage . . . . We further believe that legal recognition and the accompanying benefits afforded couples should be preserved for that legal, unique, and special union of one man and one woman which has historically been called marriage.” RNC Platform at 83. “We support a human life amendment to the Constitution and we endorse legislation to make it clear that the Fourteenth Amendment’s protection apply to unborn children. Our purpose is to have legislative and judicial protection of that right against those who perform abortions.” 4 RNC Platform at 85. From the Republican Party’s own official statement of its political and social positions it is quite evident that it does not, in fact, support the liberties of all persons. The Party in not especially concerned with the invasion of the federal government into the bed rooms and private relationships of consenting same sex adults who may wish to enjoy the same legal rights as a consenting man and woman. Why? Because they don’t like homosexuals. Furthermore, the Party feels quite comfortable with bureaucratic and constitutional regulation of the private medical decisions which logically should be between a woman and her doctor. Consider further the findings of The Independent Institute, a non partisan public policy monitoring organization and its assessment of the U.S.A. Patriot Act: “One particularly Orwellian provision [of the Patriot Act] involves the notorious ‘sneak and peek’ warrant. Not to be confused with the Fourth Amendment’s protection against unreasonable search and seizures, this new and improved warrant permits agents to search homes and confiscate property under a low evidentiary standard, without first notifying the owner . . . .www.independen t.org/newsroom/article.asp?id=1184. Again, it is difficult to reconcile their assertions, where the intent and effect of the Patriot Act clearly contradict his promise of “ensuring freedom and liberty for each individual,” while not “getting involved in every aspect of your life.” CC, vol. 1, 1 at 1. 2. The paper states that “The President’s No Child Left Behind Act Increases Education Standards.” Id. Again, it is unclear form what authority they derived this statement. Barbara E. Kerr, president The California Teacher’s Association, a body of over 335,000 members stated in October of this year that “President Bush has shortchanged his own No Child Left Behind law by a total of $24 billion over three years – leaving behind more than 752,000 California disadvantaged students, and denying resources to more than 1 million English language learners in the state. NCLB focuses on the wrong priorities for our schools. It wastes billions of federal dollars on paperwork, bureaucracy and more standardized testing, funding that could be used to give kids what they really need – smaller class sizes, current textbooks and materials, and quality teachers." http://www.cta.org/ News/2004/20041014_1.htm. Reg Weaver, President of the National Education Association had this to say about NCLB in July of this year that “as a recent government memo also made clear, the Administration proposes to cut all federal education funding by $1.5 billion next year and to freeze it at that level for the next three years. Thus, America’s public school children face a triple whammy. Half of all school districts will have to do more with less money for disadvantaged students in 2004. Important programs to advance the goals of the No Child Left Behind law are under funded or scheduled for elimination next year. Further, deeper cuts are proposed for fiscal 2006. This is clearly moving us in the wrong direction.” http://www.nea.org/ newsreleases/2004/nr040714.html. It seems that those who are actually involved in education a have a different opinion than they are regarding NCLB.. This is the real direction of the Republican Party: bigotry, extremism, fear, jingoism, subversion of human rights, and a continued dismantling of international law.—Justin can be reached at psych_rock@yahoo.com �The Opinion December 2004 World of Opportunity: New Exchange Programs Extend UB Law’s Global Presence Buffalo, NY—Spin a globe, stop it with your finger, and chances are you will be near a spot where UB Law School is extending its worldwide reach through student and faculty exchange programs. With a new general master of laws program aimed at international students and an increasing number of opportunities for students and professors to deepen their legal education abroad, UB Law is rapidly solidifying its presence on the world stage. "As globalization has proceeded, in some ways there is no such thing as purely domestic law anymore," says Professor David M. Engel, director of international programs. "Almost any field of law is affected by global contacts, diversity of cultural involvement and so on. "The advantages of these programs for American students are extraordinary. In the classroom, when you are teaching torts or property, or any of the traditional American law subjects, to have someone from another legal system say there are other ways to think about these subjects is tremendously valuable. It gives our students a broader perspective on how our legal system works, what choices we have made and what alternatives are available. "It is also a great opportunity for the international students, because their legal systems also are becoming globalized. American-trained lawyers from other countries become the kind of cultural bridge, the go-between; they are THE OPINION The Official Student Newspaper of UB Law School December 2004—Volume 43 Issue #3 Staff: Editors-in-Chief: John Rudy, ‘05; Mike Mann, ‘06 Staff Writers: Justin Whittaker, ‘06; Mari McClure, ‘06; Tracey Stephen, ‘06; Robert Middlemiss ‘06; Patrick McNelis, ‘07; Jason Joaquin Almonte, ‘07; Jenny Mills, ’06; Caroline Brancatella, ‘07. Erica Rocco, ‘07 The Opinion, 101 John Lord O’Brian Hall, Buffalo, NY 14260, (716) 645-6387, is published by law students for law students. The Opinion is the student newspaper of the University at Buffalo Law School. Any reproduction of materials herein is not allowed without the express consent of the Editor-in-Chief and piece writer New submissions of articles, cartoons or advertisements are always welcome and may be submitted to the Opinion mailbox in the SBA office, or via email to the editor at mdmann@buffalo.edu. The staff reserves the right to edit articles for length, grammar and spelling. The Opinion will also not print any libelous or anonymous material. Students, faculty and members of the community are all strongly encouraged to submit letters. Advertisements are also available, please contact the editor for prices. people who can speak two languages, so to speak." UB Law's longest-standing student exchange agreement is with the School School of Law provides for "scholarly exchange and collaboration" and will enable up to four students each academic year to study abroad. of Law of Esade Universitat Ramon Llull, in Barcelona, Spain. Established in 1998, it allows for as many as four U.S. students and four from Spain to spend a semester across the ocean. "Students who have gone there come back with glowing reports," Engel says. Professor Markus Dubber, through professional contacts in his specialty of criminal law, is working on two exchanges that will involve both students and faculty. A just-signed agreement with Scotland's University of Glasgow "I was invited to several conferences in Scotland, including two in Glasgow, where people were interested in exchange programs and collaborating with us," Dubber says. A similar agreement is now before the faculty of the University of Frankfort School of Law in Germany, and Dubber says they hope this fall to finalize details for the exchange of students and faculty. "There is a basic commitment to collaborate on projects and programs and conferences, but no similar Simply Enjoy school and your job will come… By Erica Rocco ‘07 I have this little friend, Jo. She’s three. She likes to eat dinner with her sunglasses on because it helps her see her food better. She also likes to creep up behind me when we’re watching TV and tie my hair up in crazy braided knots. I call her Jo Jo Beans. She thinks I’m hilarious. If you were to hear her laugh you would swear she was having a conversation with Jerry Seinfeld. Little kids do great things for your ego. The other day she asked me if I’m in the same grade as her six year old sister, Mia. I told her yes because her chronology is still isn’t up to par (she gets confused after she gets to the number ten) and because law school isn’t really all that different from first grade. Your backpack is bigger than you are, you get a cubby hole that’s always full of lots of colorful junk, and no one cares if you decide to take a nap in the middle of the day. So what kind of wisdom does a three year old (the same three year old who asks you if it’s ok if she sleeps in the bathtub) have to impart upon an old and wise law student such as yourself? Listen up, I’ll tell you . . . Ever since I was about thirteen I’ve had this recurring dream that I’m the manager at Burger King. Maybe I’m reading too much into it and all it means is that I look good in a visor, but it always wakes me up in a sweaty panic and causes me to start hyperventilating. Once, (okay, maybe twice) I actually drove myself to the emergency room because I was convinced I was having a heart attack. Call me a raging hypochondriac, but I prefer overachiever. So then I go to law school . . . (just the thing an overachieving hypochondriac needs). I applied to law school because I had always thought the law was interesting. That doesn’t make much for an essay on an admissions application, but it was the truth and it still is. For a long time I 4 tried to figure out some philosophical way to articulate that. I stopped when I realized that the reason I was having such a hard time was because that’s all there is to it – sometimes you just like something and you do it because it’s interesting. What I am able to say with certainty is that I didn’t come because I always dreamed of being a hot shot lawyer who makes a million bucks and drives around in a hooped-up BMW. And I definitely wasn’t one of those people who popped out of the womb with a gavel in one hand and a copy of the Constitution in the other. My first words weren’t “you can’t handle the truth!” (said in a dramatic Jack Nicholson baby voice). They were probably something more like “Mom, I have a poopy diaper.” My point is this: people in law school take themselves pretty serious, and rightly so. Law school, just as Jo tells me about Pre-K, is pretty serious business. In the last edition of The Opinion there was an article by a 1L on the last page entitled “Career Spotlight: Dark Valley . . . Not so Dark After All.” Aside from the fact that the title of it sounds like the latest installment in The Lord of the Rings series, the article left me bothered and confused. I’ve only been here one semester, but the one thing I’ve noticed is that law students seem to suffer from a severe case of “The What” syndrome. What kind of lawyer do I want to be? What kind of firm do I want to work for? What do I consider my “practice area”? . . . and on and on. Sure, it’s great to think about the future since, after all, we are in law school because we hope to be lawyers in the near future. However, worrying about these things now is futile. My problem with the “Dark Valley” article is that it makes it sound like suddenly one day, while moping around in your dark valley, the heavens will part, rays of light will shine down on you, and you will race forward in super slow motion, arms outstretched, to embrace your destiny. It would be cool if that actually happened (especially the super slow motion part), but it doesn’t. It would seem to me that we would be more suited to make those choices about what kind of law we want to practice or what firm we want to work for provision about numbers of people," he says. Such exchanges, Dubber says, "make the Law School a more integrated, global place, and make it more attractive for potential students and faculty." Newly emerging agreements with law schools in Thailand and Korea, Engel says, grew out of a recognition that those universities were developing innovative master of laws programs. "We decided that by forming partnerships with them, it might provide another channel where both faculty members and students could learn and work together with people in other countries," he says. A program with Chiangmai University in northern Thailand has been launched, and some UB Law faculty have visited there. "In coming years, we hope there will be opportunities for more faculty and students to come here," Engel says. Now reaching final form is an agreement with Chungnam National University in Daejeon, Korea. It grew out of the experience of UB Law graduate Dariush Keyhani '01, who after graduation went to teach intellectual property law there. "Our partnership with them envisions that they would send students to UB from their LL.M. program to our LL.M. program, and it is also possible that we could send UB Law students to their law school," Engel says. — Originally written for UB Links, Oct. 2004 if we knew who we were first (outside the realm of the legal world). Maybe it sounds impossible to do this when you’re surrounded fifteen hours out of every day by law books, law professors, law students and the Career Service Office telling you you need to get a job. Maybe finding out who you are also sounds ridiculous and too touchy-feely. And maybe it is, but I don’t know how else you can figure out what you want to do with your life if you don’t even know who you are. This doesn’t mean that you have to give up all worldly possessions, move to Tibet, and become a Buddhist monk. It doesn’t mean that you should attempt to find some sort of trendy inner peace by rearranging the furniture in your bedroom or consuming massive quantities of green tea or doing yoga. All I’m saying is that you should be honest with yourself and do what makes you happy. Pursue your interests. If you had to list the three most interesting people in your life, chances are they wouldn’t be three lawyers. That’s not to say that lawyers aren’t interesting people, but the world would be a pretty dull place if everyone got excited about 12(b)(6) motions. In my experience, interesting people usually have a wide range of divergent interests, and the most interesting thing about them is that they’re genuinely happy. My suspicion is that law students lose sight of this. We get so caught up in obtaining the final goal that we lose ourselves somewhere in the middle of it all. The funny thing about little kids is that they already know all of this. They’re eager to find out the way the world works and where and how they fit into it. They only do the things they enjoy, and they stay away from the things they don’t. Sleeping in a bathtub or eating dinner with your sunglasses on may be extreme, but I think you get my gist. Everyone (including my neurotic overachieving hypochondriac self!) is worried about getting good grades and finding a job one day. But relax. Law school isn’t the end all, be all of who you are. Life will not come to a screeching halt if you admit out loud that the first time you read The Bluebook you weren’t moved to tears. �The Opinion December 2004 Class Action set to perform at BPILP “Jazz Night” By Robert Middlemiss ‘06 W ell, things are winding down here at the law school, as we pack in the last week of classes and all get ready to grind out another batch of finals. And since I know everyone will appreciate it if that’s the last time I use the “f” word, I’m going to change the topic and look ahead to the beginning of next semester. Over the past week, everyone has seen all of the people (and food and books) sitting at tables in the lobby, hawking various things one last time before we all take off for a well-earned break. As some of you may have noticed, one of those groups was the Buffalo Public Interest Law Program (BPILP). As everyone knows, BPILP is the organization responsible for providing grants to enable a number of students to work in areas of public interest every summer, helping people do everything from working for Legal Aid, helping people here in town, to working with a variety Graduate Leverage helps students navigate loans Continued from p. 1 A student seeking GL’s free consolidation counseling can fill out an information sheet on their website. This is the first step in what GL calls a “Personalized Reservation System” in which the company will optimize the student’s loan consolidation strategy. This system allows their specialists to pinpoint the most opportune time for consolidation and provide options on when to act on their recommendations. GL then sits between the pre-screened list of lenders and the student to mediate attractive payment terms and interest rate incentives. GL’s website is extremely informative and helpful even to the most skeptical student. In addition of NGOs in Africa and Malaysia. As people may also know, they’ve been at their table offering tickets for the “Jazz Night” that’s scheduled for Friday February 11th, from 8 to 11 pm at the Pearl Street Brewery and Grill. Tickets are $10 in advance and $12 at the door. Why should you buy one? 1) It serves a good cause. As noted above, the money will go towards helping law students take unpaid public interest positions over the summer. 2) It’s a good deal! $10 will get you your first drink, food for the evening, and some good music. 3) It will give you a chance to thank some of your professors for all the “A”s they gave you, whether this semester, in the past, or in the future! The band, “Class Action,” is mostly professors; just about everyone will have had at least one of them for something by the time they’re done here at the law school, whether it’s Errol to the “Personalized Reservation System”, the “Education and Action Center” link offers debt management and consolidation tutorials which include “Student Loan Consolidation 101”, “Class of 2005 Webcast”, and “8 Misleading Tactics Marketed by Student Loan Consolidators”. GL’s website is http:// www.graduateleverage.com. Students who seek more information about the Student Bar Association’s sponsored presentation can contact Andrew Solomon at asolomon@mba2004.hbs.edu or 1.888.350.8488. Contact information can also be found on the website. Because of the huge success, the Student Bar Association is looking to bring back representatives from Graduate Leverage during the spring semester. Until then visit their website to learn more about their program. This is a great opportunity to learn the ropes and think smart about student loans. Meidinger (Have him for Property? Planning on taking Environmental Law?), Jim Gardner (Will he be teaching your Con Law class in the Spring? Are you going to take Election Law?), Peter Pitegoff (Legal Profession and Ethics? What about the Living Wage field placement?), or one of the others. So, I hope to see you all at the Jazz Night. Remember … It’s where the “Action” is at! BPILP Auction Buffalo Public Interest Law Program 10th Annual Auction Friday, February 25, 2005 7-11pm Rich Renaissance Niagara Atrium Silent & Live Auction—Top Shelf Open Bar—Gourmet Hors D’oeuvres Student Admission: $25 General Admission: $35 School Snow Closings? Dial 716-645-NEWS Is your career worth $20? Join the American Bar Association Law Student Division Save the date… Barristers Ball Well, there are several reasons: April 16, 2005 ABA Law Student Membership may be the best career investment you’ll ever make. Hosted by the Student Bar Association Call 1-800-285-ABA1 to learn why. www.abanet.org 6 �The Opinion December 2004 In a perfect world the library would never close By Jenny Mills ‘06 I magine it if you will. A perfect world in which law students were able to wander the stacks of the law library day and night, twenty four hours a day, seven days a week. Come now, I know some of you have imagined it. I know who you are. I see you here seven days a week, early in the mornings, late at nights, always camped out in carrels or at computers. It’s ok though. Don’t be embarrassed. I’m one of you. Oh what a world it would be my friends! The possibilities are endless. The carrels could be converted into capsule hotels. We could file ourselves into our little capsule beds, 3 or 4 per carrel, to get a few hours of sleep between study sessions. We could put sleeping bags in between the stacks and underneath tables. We could build pillow forts in the reading room! Little coffee stands could sprout up on the main staircase and in the conference rooms. Vending machines could line the far wall on the third floor. Hell, we could even lobby for the school to install newer, cleaner, bigger bathrooms, replete with shower facilities. The entire 6th floor could become a gymnasium/ locker room/ sauna. Does anyone ever go up there anyways? We could convert the Koren AV Center into a state of the art entertainment center and hold bar nights in the faculty lounge. And hey, if there were any drunken accidents, we could create a clinic in which students get to research the legal issues arising from the particular circumstances involved. Law School Horoscopes Imagine that you can hear a mosquito buzzing around in the dark every time you turn out the light to go to sleep. As soon as you turn the light back on to eliminate the pesky bug, it disappears. When the light goes off again, the annoying pest returns. There's a bit of mosquito energy in your life this month. As much as you'd like to get rid of the annoyance, your best strategy is to just accept it as part of a semester studying law. Taurus Symbol: The Bull Dates: April 20 - May 20 dream to fruition. Let them never shut the doors on us again! Michael Mann, SBA president for life, get to work! Library Hours for Finals Mon-Fri, Dec. 6-Dec. 10 7:30 a.m. - 12:00 a.m. Sat., Dec. 11 9:00 a.m. - 9:00 p.m. Sun., Dec. 12 10:00 a.m. - 12:00 a.m. Mon.-Fri., Dec. 13-17 7:30 a.m. - 12:00 a.m. Sat., Dec. 18 9:00 a.m. - 9:00 p.m. Sun., Dec. 19 10:00 a.m. - 12:00 a.m. Mon.-Wed., Dec. 20-Dec. 22 7:30 a.m. - 12:00 a.m. Thur., Dec. 23 7:30 a.m.-5:00 p.m. By Tracey Stephen ‘06 (Law Student Extraordinaire & Psychic) Libra Symbol: The Scales Dates: Sept 23 - Oct 22nd Aries Symbol: The Ram Dates: March 20 - April 19 How would we fund this? Well, those of us who would take advantage of such a swanky library living lifestyle would certainly be saving an absurd amount of money on gas and rent and all that grownup real world nonsense, so why not raise student fees? Or we could place a hefty fee on all those damn undergrad print jobs that constantly clog up our printers. If you want to print up ten copies of your bloody PowerPoint presentation for Organic Chem, you had best be ready to pay for it. I say we lobby the Dean and the Law School and lobby them hard to bring this noble awareness and finding a balance between the two perspectives. Capricorn Cancer Symbol: The Crab Dates: June 21 - July 22 Mysterious forces can draw you close to someone else’s hidden problems, but if you are paying attention you’ll be able to prevent yourself from getting in over your head. It may seem that with your knowledge of torts and criminal law, you have a quick and easy solution to offer, but the illusion of this clarity is a trick of the light. Settle back into your studies, and try to feel at home at the library. It feels as if time has been slowing down this semester for you. If important situations in your life have become sluggish, it may seem that time has completely stopped. The doldrums -- usually associated with finals -- have come to visit you early this semester. Don't worry about this lack of movement. Using the time to fine tune your own thoughts will pay off in the near future. Scorpio Symbol: The Scorpion, The Eagle, The Grey Lizard Dates: Oct 23 - Nov 21 Leo Symbol: The Lion Dates: July 23 - Aug 22 It is not going to be easy for you Bulls this month to try to find the balance point between your own plans and how you need to react to what is happening in the immediate environment. It is not that you don’t trust your own judgment; it’s just that it is now at odds with what others may be asking you to do. Push beyond this conflict and find the common ground where you can take appropriate action. The noise level in your life kicks up another notch this semester. You are entering a buzzing hive of activity and although all the comings and goings of your fellow worker bees could be distracting, remember that you have your own work to do. Start off slowly, but as the pressures build and reach a threshold, you'll be buzzing along with the rest of the hive. Gemini Virgo Symbol: The Twins Dates: May 20 - June 20 Symbol: The Virgin Dates: Aug 23 - Sept 22 You've become so busy that your energy may seem a little off kilter this month. Try as you might, you can't quite put your finger on the source of the problem. Actually, the more you look, the more you realize that there may not even be a problem at all. Still, you know that something is wrong with the picture. Don't push too hard and don't try to fix what isn't broken. Your flexibility is now your key to both law school and legal success. You are highly susceptible to the information planet, Mercury, which is vitalized this month by the light of the moon. Normally, you can get overly focused on narrow agendas. Now, however, you have a chance to expand your vision. This heightened awareness will allow you to see yourself in new ways, especially with respect to your job, studies and legal career. Your heightened emotional sensitivity can bring up lots of analytical thoughts. You may feel as if you are sitting on a pile of firecrackers with fuses leading in so many directions that you cannot possibly control all the potential flashpoints. Rather than trying to prevent the pile from exploding, why don't you just get up and move somewhere less volatile. Your feelings about the past have transformed, and now it's time to move toward your future. Sagittarius Symbol: The Archer Dates: Nov 22 - Dec 21 7 Although things are going relatively well, you still may feel on edge. You want to move ahead but cannot determine the best way to proceed. Usually, you like to pay attention to the bigger picture, but now with Venus moving into Virgo, you want to focus more on the details. Narrowing your view, however, can make you nervous for you think you might miss something. Feel the insolvable nature of your current dilemma. There's really no solution other than increasing your self- Symbol: The Goat Dates: Dec 22 - Jan 19 You may feel somewhat cut off from others this month, but it may be that you are actually detached from yourself as you feel the crux of the semester on your shoulders. You may be worrying a little too much about things that have little basis in reality—but this may be a good thing if they enrich your life. Take cues from others, but don’t let them hold you back from your own feelings. Aquarius Symbol: The Water Bearer Dates: Jan 20 - Feb 18 Okay; it's time to get back to the work of case briefing, writing thoughtful legal analysis and networking, even if you'd just as soon take the month off. You have a powerful agenda that you would like to see through, but it's probably not going to happen. The intellectual traffic jams up and your ideas may not make it at all. Soften your stance. Find fun ways to take the pressure off your presentation. And, instead of working on accomplishment, work on transformation. Pisces Symbol: The Fishes Dates: Feb. 19- March 19 Sometimes you Fish can get lost in your own inner world. Your imagination runs wild (especially during long lectures on tax and civil procedure) and it becomes difficult for you to know what is tangible. Try not to make any decisions that require rational analysis. Instead, focus on the role that your imagination can play as you create your own future. �The Opinion December 2004 Guys and the Law: What Law School Admissions Won’t Admit By Lauren Cutuly ‘06 G uys can teach you a lot about the law, rendering an expensive legal education entirely unnecessary. So, if you are considering incurring school debt, perhaps just sit in on a few guys watching a football game, drinking beer, or "studying" at the library and this could save you a lot of money. The birth of my little brother marked the beginning of my "legal" education. Shortly thereafter, I learned the framework of criminal law, specifically such offenses as slander and defamation, petty larceny (Last known origins of Barbie Crusier brother's room 11/25/85) abuse, reckless endangerment i.e.: locking each other in closets, and of course attempted murder (occurring on a daily basis). The rules of territorial jurisdiction could also be learned at an early age. Jurisdiction, or the ability of the court to hear a particular case, was important in our home. Generally, our mom, the "district judge" heard all the complaints. As long as the complaints stayed with mom, we were fairly certain that the penalty wouldn’t be so bad. But, if the offense was beyond mom's control, the case was reviewed by the Supreme Court -- a.k.a. dad. We learned the limits and tried to make all offenses fall into the district court variety. As I learned to navigate this life of crime, I began to learn the finer intricacies of law from the boys in grade school. Meet Chris. He taught me the most about property. Chris generally stole everything from my desk, including the newest Crayola Crayons - colors like sand, and periwinkle that were clearly not meant for grade school use. Thus, Chris inspired my creation of clever deterrent "desk traps" including, but not limited to, lining the desk with Elmer's glue and using rubber bands to make break-ins more time consuming -such tactics that were eventually employed for unwelcomed CCD kids who came to our school on the weekends for their classes. Since Chris, other guys have taken up the reigns of my legal education. Although, none could be so memorable as Chad Killian. Not only did he reinforce the aforementioned criminal laws he taught me the finer points of torts. Chad was a rather large kid and when I mean large, I mean he was the size of three of us grade schoolers in one. Chad, the to-be-football star, taught us that he was never fully responsible for his actions and likewise, tort law most always leans away from strict liability. There were always contributing factors which necessitated Chad beating up little Tom Casey, and conditions which made Chad look so justified in doing so. Even I was scolded for skinning my knee after running from and being shoved by Chad. Chad got away “scott” free while I received two Mickey Mouse Band-aides. This grave injustice was probably the impetus for my desire to cure AIDS, improve nation-wide healthcare, broker a peace between the United States and Iraq, and create legislation against people who take more than 7 items into the express lanes. Yet, as I realized my football days were short lived - my college days were marked by more subtle lessons in Contracts. For example, if a guy makes a promise to help you study, make sure that you're willing to go to lunch, dinner, or church with him. Dad always said, "there is no free lunch" and certainly the cliché holds some truth. Once I accepted an invitation to "study" with a friend about our philosophy class and this turned into 3 hours at Starbucks in which I consumed 10 dollars worth of lattes’, and didn't open a book. In short, oral contracts can and will be enforced. And while not all legal lessons can be ascertained from the individual common man, your everyday man encounters will cover at least the basics in Criminal law, property, torts and contracts. And surely your relationship "talks" will be fine preparation for the yearly oral argument competitions. So to all the boys who ever annoyed me - thank you. And to all the boys who annoy me now – watch out! - Lauren Cutuly is a 2L and can be reached at lcutuly@hotmail.com The Docket Who: Student Bar Association Meeting When: Wednesday, December 1, 7:30 PM; O’Brian Hall, Room 10 Scoop: Ah, more student groups begging for more money, sounds like fun! Who: Bowling for Finals—Sponsored by the SBA When: Wednesday, Dec. 8, 8-11pm at Game Zone, 3860 Sheridan Drive Scoop: Free drinking, bowling, dancing, and fun, last licks before final exams! Who: “Murder in Tibet” with Professor French—Baldy Center Faculty Seminar Series Info: Friday, December 3, 12:30-2:30pm, Faculty Lounge, 545 O’Brian Hall Scoop: Lunch is available at noon Who: “The Hidden Victims of Tort Reform: Women, Children and the Elderly” with Professor Finley When: Wednesday, December 8 at 12:30-2:30pm, 545 O’Brian Hall Scoop: Heard there is lunch available. Who: Last Day of Classes! When: Wednesday, December 8 Scoop: We can be excited for this day, but it only means that finals are a little bit closer. Who: Last Day of Finals! When: Thursday, December 23 Scoop: Hopefully you will all be back next semester to celebrate. Who: “Jazz Night”—Sponsored by the Buffalo Public Interest Law Program (BPILP) When: Friday, February 11, from 8-11pm at the Pearl Street Brewery and Grill (Pearl Street—Downtown Buffalo) Scoop: Tickets are $10 in advance and $12 at the door, should be great to see professors who make fools of us during the week make fools of themselves on the weekends. Who: Buffalo Public Interest Law Program 10th Annual Auction When: Friday, February 25, 2005, from 7-11pm at the Rich Renaissance Niagara Atrium Scoop: Tickets are $25, well worth it after last year’s auction. What do you get with top shelf alcohol + the ability to bid on cool items? 8 � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Opinion, 2004-12 Date Issued Date of formal issuance (e.g., publication) of the resource. 12/1/2004 Bibliographic Citation A bibliographic reference for the resource. Recommended practice is to include sufficient bibliographic detail to identify the resource as unambiguously as possible. 43 3 Publisher An entity responsible for making the resource available UB Law School State University of New York at Buffalo Law School Language A language of the resource eng Type The nature or genre of the resource Newspapers Text Is Part Of A related resource in which the described resource is physically or logically included. LIB-LAW003 Rights Information about rights held in and over the resource <a href="https://rightsstatements.org/page/CNE/1.0/">COPYRIGHT NOT EVALUATED</a>. The copyright and related rights status of this Item has not been evaluated. Please refer to the organization that has made the Item available for more information. You are free to use this Item in any way that is permitted by the copyright and related rights legislation that applies to your use. This digital collection is made available for research and educational purposes. Researchers are responsible for determining copyright status, and securing permissions for use and publication of any material. Copyright for items in this collection may be held by the creators, their heirs, or assigns. Researchers are required to obtain written permission from copyright holders and the University Archives prior to reproducing or publishing materials, including images and quotations. For inquiries about reproduction requests and permissions, please contact the <a href="http://library.buffalo.edu/archives/">University Archives</a>. If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/d51370ad9838ce933a5f7e8f85838c04.pdf 1ade5122b4089912030fe002f5252024 PDF Text Text OPINION THE Vol. 42, Issue # 1 THE 180 TO RACE By November 20, 2003 Perhaps I am naive and cannot grasp how an applicant with exceptional grades, a challenging undergraduate curriculum, unique life experiences, a Nobel Peace temporary cover in prestigious Prize, space travel on a shuttle graduate programs. The sharp mission and four Pulitzer Prize's increase in applicants has put would be unlikely for admission even more pressure on law if their LSAT score falls short of schools to court the most talented a school's arbitrary cutoff students to join their ranks. number. It seems unjust that an While students have put their applicant who has not shown reputations into the hands of law themselves capable of anything school admission committees, for their first twenty-one years on admission committees have Earth and has shown absolutely placed their school's own no indication of any future academic reputations into the contribution will be a better hands of commercial law school candidate for admission if they rankings such as the one released meet or exceed the same arbitrary annually by U.S. News and World number. As someone who might Reports. In the world of be a colleague of yours one day, academia, it seems like an ugly which student would you want race to reign at the top of the top, working alongside of you? and through pressure from alumni Students who have excelled in and administration, admission their four years of undergraduate officers have been reduced to study often have the cards relying too heavily on stacked against them if they are standardized exams as the not first-rate test takers. There deciding factor for an applicant's are however, ways for schools to acceptance. battle back the temptation of Michael Mann, '06 Over the next few months first-year applicants to UB and law schools across the country will find their long anticipated admission results stuffed in their mailboxes. Some envelopes will carry acceptance letters and glossy brochures inviting them to join a prestigious school, while many, more than ever before, will have a one-page form letter that reads something to the sound of: "The admissions committee has completed a thorough review of your application and regret to inform you that it is our decision to deny admission." As the nation's economy continues to slope downward and the job market shrinks, the number of applications to the 181 ABA law schools will continue to rise. Graduating college seniors will do almost anything to avoid the marketplace and have found PROFESSOR PROFILE: NADISHAHRAM Staff Q: Where are you originally from: city, state, country? A: I was born in Tehran, Iran and at the age of 7 my family moved to Borujerd from the province of Lorestan. Q: Where did you go to undergrad and law school? A: I got my bachelor's degree and JD degree from ÜB. Q: Married? Children? A: I am married to Dr. Paras Prasad and have two absolutely beautiful daughters, Melanie and Natasha. Q: Area of practice, what did you want to practice when you were in law school and what did you actually practice after law school? A: When I first started law school, I wanted to become an immigration attorney and advocate only for refugees and people who could not afford high fees of immigration attorneys. At that time law school only offered one immigration course (which I took). In 1997, when I graduated from Law School and had my second daughter Natasha, we moved for a year to Zurich and Paris to spend my husband's sabbatical. While we were living over-seas I was introduced to the concept of mediation and I simply fell in love with it. So when we came back here in 98,1 found out that Buffalonians are not very big on mediation and in particular matrimonial mediation. I took the challenge upon myself to open an office, which solely practices matrimonial mediation. I went through basic and advanced training in Rochester, New York and at Harvard. Q: Current practice, what area of law do you practice, what are some of the hardest things about your job and what are the rewards? A: It is heart breaking to see that couples get caught into resentment and blame. They do not know how to get out of this cycle of unhappiness and hurtfulness. The best reward for me as a matrimonial mediator is when they leave my office with much dimin- ished anger towards each other and a real sense of hope. They actually look forward to end an unhealthy relationship and look forward to a new beginning. And this is what I call a spiritual divorce. Q: Your teaching, What made you want to teach your current course? A: When I was a student at UB law school, there were not so many different kinds of courses to choose from and I thought that it would be nice to offer students some choices. Even more so after the tragedy of 9/11 I was determined to offer the UB law students a chance to be exposed to family laws in Eastern Countries, which are totally different from our American Laws. Q: What other courses would you like to teach or what other courses do you have an interest in? seemingly mechanized admissions. One possible solution is for schools to collectively agree to release data to law school ranking services on only their top twenty five percent of LSAT scores from admitted students, which would relieve the pressure felt to admit students strictly by their numbers. Law schools choosing to omit information on students whose LSAT scores were not in a class' top quarter, would allow more leeway for admission officers to review the other seventy five percent of its applicants holistically. Perhaps if schools were able to remove some of their accepted students from the scrutiny of magazine editors, admission staff and talented professors serving on admission committees could return to the practice of admitting the qualified applicant, even if their standardized test scores fall short of an arbitrary number. A: Presently I am working to develop yet another course Domestic Violence in Moslem Families?for the fall semester. I would be offering the same course Religion, Family Law and Culture?in the spring. I am currently engaged in a research on the Topic of Temporary Marriage?which is a short duration contractual marriage currently being practiced in Iran. I also intend to write a book on this subject. Q: What do you want or expect students to get out of your class? A: I would like them to develop a keen awareness that what Islamic Countries are preaching about Islam is very dependent on their interpretation of Islam. Q: Where do you see yourself professionally, 10 years from now? I hope to have accomplished a major goal of successfully having changed couples approach to divorce. At UB I hope that we would be offering many courses dealing with global sociopolitical issues. And you never know I might be the second female president of ÜB. Ms. Shahram taught at UB Law during the spring of2003. �VOL. 42, ISSUE # 1 The Opinion By Patrick D'Arcy, I'd like to mention the obvious: we are all interested in getting the "right" job during and after law school, and more importantly, keeping it. While we tend to think that those from the highest ranked schools land the "best" jobs, there is considerable evidence that pedigree only initiates interest. You still have to impress the person making the hiring decision, and I have met many people from "prestigious" schools that I would never hire. Let's assume your resume triggered interest, and your "screening" and "fly-back" interview landed you gainfully employed at the firm of Big, Bigg and Bigger. Now, you must do more than survive, you must thrive. But, when a firm is about to fire or lay off its attorneys, it needs to go into "stealth" mode. You need to know the signs that the axe is about to fall - before it falls on you. Here are some of the more common signs that all is not well. You perceive that the partner's attitude toward you has changed. Be sensitive to it. When the partner is acting differently toward you, by being unfriendly, standoffish or even avoiding you be concerned. What is the reason? Are you making her upset? Review your actions. Did you tell the partner that you were going to do something, and then never did it? Did you make the partner look bad? Have you embarrassed the partner at a meeting, or by saying things that reflect negatively on — 4 D YWAORNUIGS! JB ANGER!!! 06 her? The partner is like the family dog: he will continue to wag his tail when he sees you, provided that you treat him well. The firm gave you a written warning, or took disciplinary action against you more than once. While they may say that this is to "improve" your performance and "help" you succeed, a better interpretation is that the firm is building a case to fire you. Even verbal warnings of a subtle nature can be used to build a case. Read the firm's employee handbook to see if a written final warning is needed before they can fire. Although most firms operate under "at-will" employment, they still like to have written documentation to support your firing in case you sue. However, one way around this problem is to lump you in with a group layoff (called a "reduction in force") and say that the business conditions eliminated your job. Most days, you sit and twiddle your thumbs. This is a big warning. It is unreasonable for a firm to keep you on the payroll if you perform minimal "servfefcs-.' What ■ happened that you find yourself in such a position? You must think about transferring to something solid, and start doing some internal marketing to work for another partner with something more substantive. Handle this in a very low-key way. Influential people within the firm hardly respond to your memos. You get practically no feedback anymore, not even from your partner. If your partner's attitude has also changed, it is time to start packing before you get the boot. The firm has begun laying off employees, and you are among the highest paid. Usually, the new hires are the first to be let go, right after the temporary help is booted. Management begins looking at numbers, and then they begin saying, "Hey, Jill could do Mary's job," or "We could replace Steve with someone cheaper." The firm's revenues are lagging, and do not have good management in place to correct itself. In my experience, I have been utterly amazed at the level of ignorance at the top. For one thing, they talk in jargon or slang that is not easily understood. Using slang which is subject to varying levels of interpretation is an easy way to mask what they don't know. An example: "You'll have to boost productivity and find ways to cut costs." It is perfectly reasonable that companies M-* crease their output and find ways to process the work cheaper. However, when you ask them how, theyreply, "There are ways, I'm sure, so get back to me with the new process that meets these objectives." See the trap? Trying to get specifics puts them in the hot seat of knowing how things get done, and they don't know. Therefore, they put it back on you. If major accounts have recently defected, and the customer base is dwindling, then it is only a matter of time before they fire you. I mean it would be a real drag if they had to forgo their usual bonus when firing you realizes the needed cost savings. You were excluded from a meeting you normally attend. Suppose you usually attend the departmental meeting, but this time, you were not invited. I wouldn't rationalize it, and hope all is well. What was their reason? It could be that you are not going to be in the department long, and your presence is not needed. Slights like this are intentional. The partner might make light of it, but that's because he is not in the position to fire you, yet. Senior management wants "flow charts" on how the work is performed. This is a dead give away. When management above you needs this level of detail, plans are underway to eliminate jobs. They need specifics, so they can figure out whom to give the axe. Remember, though, the people' making these decisions are usually clueless about the impact of their actions, and if mistakes are made, they'll blame it on you as you are being laid off or fired. A new associate shows up, and you are required to introduce him to your accounts and "show her the ropes." Game over. Continued on page 3. Your Adhere!!! Get Your message out to hundreds Of UB Law Students! For more information, Contact: The Opinion at Buffalo Law School O'Brian Hall, Rm. 101 Buffalo, NY 14260 University �The Opinion RACE TO 180 (CONTINUID FROM P. 1) Sure, schools could pad their LSAT scores in the top twenty five percent of their class through large scholarships for high scorers, but then ranking services would be forced to look past a number and evaluate other important elements such as its faculty, program diversity, bar passage rate and percentage of students employed after graduation. Law schools should be in the business of accepting applicants that will make the best students and the best lawyers, not only opening their doors to the best test takers. . November 20, 2003 Many of these flaws will continue to remain on the backburner, but the influence of the LSAT raises the essential question of what schools should be looking for in its applicants. Perhaps it is time to end the LSAT numbers game and return the exam to the place it was originally developed for, a mere component to an admission process, developed to predict an applicant's fitness for legal studies and ultimately the practice of law. It is scary to think there will be soon be an outrageous number of new attorneys who have never really had a prior commitment to the study of law or any future interest in the practice of it. WARNING! (CONTINUED FROM P. 2) The "rope" is the one that you are now tying around your own neck. Make some quick moves, line up a new job, and make a fast exit while there is still time. The best antidote is to control key accounts or acquire indispensable skills, such as detailed knowledge of complicated areas of the law. If you can control the money into the firm, or become a large factor in its production, then you have indeed mastered the key ingredients to career longevity. Patrick Darcy is president ofa closing company in San Fran- Cisco, a subsidiary of E-Loan, the nation's largest internet loan originator. Previously, Pat worked at the Dallas headquarters of Centex Corp., an international real estate contractor, and was Corporate Vice President and Chief Title Officer. Interested in writing for The Opinion? Improve your resume and publish your views! Look for organizational meeting announcements, or drop a note in box #194 with your email address. DEMOCRAIIYNSHT RAQ By William Trigg, '04 In present day Iraq the Shiite religious establishment is poised to gain certain control of Iraq's future political infrastructure. The Shiite population of Iraq is comprised of sum 14 million people and almost 65% of Iraq's total population. Although concentrated in the south of Iraq, Baghdad's suburbs are filled with multitudes of this religious majority. Formerly an oppressed people, their fate is drastically changed with the U.S. coalition victory. It is in this new environment that Iraqi Shiites will eventually decide on secular democratic or theological voting tendencies. Far from being of one particular theological persuasion, the Shiites of Iraq by numbers alone will take control of whatever state or federal apparatus provided by the coalition. It is within this framework that Shiite leaders will yield power through the allocation and/ or the possession of votes for those candidates deemed acceptable. Along theological grounds, there will be the pre-Khomeini, secular Shiites or those Shiites aligned with the system of Vilayat-e-Faqih, better understood as the notion of a supreme jurist possessing authority in all state matters, ie. Khomeinism. The current available public information concerning possible political persuasions show that most Iraqi Shiites prefer a secular democratic model of government. Although this might be true, it does not dilute the power of the Shiite clergy to direct, influence or change the outcome of political contests. The three most influential clerical or quasi-clerical leaders including Ali Sistani, Abdulaziz Hakimi and Muqtada Sadr are at the forefront of this Iraqi Shiite democracy. Ali Sistani, representing a moderate Shiite line, will direct votes for those following the traditional "Hawza" (theological university education system) line of authority through recommendations and outward support for desirable candidates most likely to join secular democratic principles with ethical and religious astuteness. Abdulaziz Hakimi, the deputy chairman of the Supreme Council of Islamic Resistance in Iraq (SCIRI), if not a direct representative himself, will also use his voting block to influence local and national elections in favor of Shiite politicians of the Vilayat-eFaqih affiliation. Although not a public supporter of the theocratic model, SCIRI's roots are intertwined ideologically with the Iranian religious infrastructure. An important goal of SCIRI is to wait, observe, influence and vote themselves into a theocracy. Muqtada Sadr is another stra- tegic participant controlling an expansive voting block. His political aspirations are aggressive and calculated. Sadr, if not appointed to any position in a new Iraqi government, will utilize his voting contingent in order to propel himself into legitimate political power. Sadr is clearly a Shiite advocate, but with Arab na- tionalist tendencies, it is not clear who or what political ideology he supports outside of his own mix of radical Shiite Islam and Iraqi nationalism. Shiite democracy in Iraq will originate from the Shiite clerics already commanding substantial support, as there is no trend to support lower ranking religiously uneducated clerics who do not at this moment yield religious or political power. The future of Iraqi elections rest with the ideological leanings of the Shiite establishment and their intention to run for public office or lend support to other candidates. �The Opinion November 20, 2003 DEMOCRATISABOTAGE By John Rudy, "05 Terry McAuliffe, Chairman of the Democratic National Committee, should take swift action with regards to the candidacy of many of the so-called "Democratic hopefuls." The DNC's approach is both alarming and misguided. Concededly (though no less unfortunately), President Bush presents a difficult challenge to overcome for any Democratic candidate in 2004. Why, then, Mr. McAuliffe, is the Democratic Party tolerating the circus that has become its Presidential Campaign? My proposal is to narrow the field to three candidates who have a legitimate chance of winning not only the nomination, but also the general election. In other words, to many contenders: "Get out of the race, you are confusing the electorate!" This way, the Democratic base can rally around one candidate and present a clear message to the critical mass - the twenty to thirty percent of the truly undecided. In order to demonstrate my point, let's examine the viability of each candidate individually. First, Ambassador Carol Moseley Braun. In the latest Zogby poll, she returned with a competitive five percent among Democratic voters. While she carries an impressive resume, I think that she will better serve the country, and the party, as the next Democratic President's Secretary of Education. Second, Representatives Dennis Kucinich and Richard Gephardt. I consider them one, because each has equal prospects. Although a good speaker and an attractive idealist, Kucinich ment (Bill and Hillary) has selected Clark as the candidate for the Party. Furthermore, his status as a general neutralizes the Re- should solidify his seat in the House, and become a national leader as a representative. Carrying one percent of Democrats merely evinces the fact that he has a headquarters for his campaign. Likewise, Gephardt is a good Democratic leader in the House, and has served well as the minority voice for some time. However, his campaign has been dwarfed by the fact that his appeal is similar to that of many other candidates. Nonetheless, as a representative from a state that will be contested, Gephardt could turn into a serious candidate as Vice President, a la Al Gore in 1992. Recent polls have demonstrated that Gephardt is a viable national candidate. Third, Senator John Edwards. Personally, I think that Edwards presents an interesting choice for the Democrats. He comes from a union family and can deliver a concise message. Furthermore, he has the demeanor that will wear well on the national stage. Most importantly, if Edwards can demonstrate that he could break the Republican stranglehold on the South and win one state (e.g., North Carolina), he will be a frontrunner come spring. Nonetheless, he has been unable to make national progress since June. For Christmas, he should get his walking papers. Fourth, Reverend Al Sharpton. have I enjoyed Sharpton's presence in the race thus far, but I think that he should discontinue his campaign before the New Year. Sharpton has provided a viewpoint that is unique to the other candidates. As such, his part in the early debates was beneficial. Moreover, his candidacy forces the media to at least hear his position. Yet I think that he should bow out after the early lowa Caucus and New Hampshire Primary. Fifth, Governor Howard Dean. Dean has revitalized the once discarded liberal masses of the old regime. His contributions to the unification of the Democratic base are admirable, and thus he should continue his campaign. However, I believe that Dean represents a losing ticket in the general election to the degree of one George McGovern. In a campaign against Bush that asks every voter to align with a party (which will be the result of Dean's incessant anti-Bush rhetoric), the Democrats will lose, unless voter turnout is unusually high. Dean must demonstrate appeal to moderates before he gets the nomination. Sixth, Senator John Kerry. Kerry symbolizes a dying breed of northeast political candidates. While his resemblance to the Kennedy family is startling, I doubt that his candidacy will carry such a similarity. Yet Kerry has been a strong candidate throughout the early months. Kerry is very smart, but ultimately, he suffers from the same personal attributes of Al Gore, and comes off as a bore. The latest turmoil in his campaign will prove to be a desperate attempt of a failed campaign or a brilliant tactical shift. Seventh, General Wesley Clark. Clark has two major flaws: he is not a politician, and he may be a Republican. Nonetheless, the Democratic establish- publicans-are-better-at-homeland security/defense argument. This strength may outweigh his shortcomings. More to the point, the Democrats recognize that with Clark, they can win. However, after his quick ascension in the polls, Clark has proven to be less like Eisenhower every week. Finally, Senator Joseph Lieberman. Lieberman has run, at best, a lukewarm campaign. Riding the coattails of the 2000 disaster, Lieberman's campaign has presumed that he is entitled to the nomination. Yet Lieberman should quietly withdraw to his seat in the Senate and continue his service. Although the most recognizable Democrat in the field last year, Lieberman has not made progress in any of the major primary states. In fact, he has elected to forgo the early primaries. Consequently, he should stop the charade and turn his voters to one of the remaining feasible candidates. In a close election between the minority party and an incumbent wartime (that's right, it's not over) President, the critical votes will be decided by moderate states by moderate voters. (See, 1992 Presidential Election) In order to convince those voters that the Democratic candidate is worthy of their votes, the Party must rally behind its candidate early next year. However, by maintaining an egalitarian method of potential nominees, those voters will be alienated and compelled to reelect President Bush. The Opinion STAFF: Editors-in-Chief: John Rudy, William Trigg Managing Editors: Michael Mann, Patrick D'Arcy The Opinion, SUNY at Buffalo Amherst campus, 404 John Lord O'Brien Hall, Buffalo, NY 14260, (716) 645-6387, is published in the Fall and Spring semesters. The Opinion is the student newspaper of the State University of New York at Buffalo School of Law. Any reproduction of materials herein is not allowed without the express consent of the Editor-in-Chief and piece writer New submissions of articles, cartoons or advertisements are always welcome and may be submitted to the Opinion mailbox in the SBA office, or via email to the Editor-in-Chief at haberstr@yahoo.com. The staff reserves the right to edit articles for length, grammar and spelling. The Opinion will also not print any libelous or anonymous material. Students, faculty and members of the community are all strongly encouraged to submit letters to the editor. The Opinion in no way endorses the viewpoints of its various columnists and contributors. � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Opinion, 2003-11-20 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. Opinion Vol. 42 No. 1 Date Issued Date of formal issuance (e.g., publication) of the resource. 11/20/2003 Bibliographic Citation A bibliographic reference for the resource. Recommended practice is to include sufficient bibliographic detail to identify the resource as unambiguously as possible. 42 1 Publisher An entity responsible for making the resource available University of Buffalo State University of New York at Buffalo Law School Language A language of the resource eng Type The nature or genre of the resource Newspapers Text Is Part Of A related resource in which the described resource is physically or logically included. LIB-LAW003 Rights Information about rights held in and over the resource <a href="https://rightsstatements.org/page/CNE/1.0/">COPYRIGHT NOT EVALUATED</a>. The copyright and related rights status of this Item has not been evaluated. Please refer to the organization that has made the Item available for more information. You are free to use this Item in any way that is permitted by the copyright and related rights legislation that applies to your use. This digital collection is made available for research and educational purposes. Researchers are responsible for determining copyright status, and securing permissions for use and publication of any material. Copyright for items in this collection may be held by the creators, their heirs, or assigns. Researchers are required to obtain written permission from copyright holders and the University Archives prior to reproducing or publishing materials, including images and quotations. For inquiries about reproduction requests and permissions, please contact the <a href="http://library.buffalo.edu/archives/">University Archives</a>. If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/f7836e2e762b67637e6427acfe41ceb9.pdf d11d623c91cf6e42d8e8155724f09670 PDF Text Text THE OPINION V01.41 Issue 2 University at November 25,2002 Buffalo law School Laptops in the Classroom, Necessary or Tools ofthe Devil? By Matthew Coseo There are two major contentions I have against laptop computers being used in class. The first is the visual distraction they pose. There is, for example, the distraction from equipment failure and user inadequacy - hopefully to be overcome with practice and patience - but there are more insidious distractions. These being solitaire, e-mail, AOL instant messenger, Snood, downloadable music, porn, news, sports, work for other classes; the list is theoretically endless. The laptop is a veritable Pandora's Box of distractions, with so many ways to pry the student's attention away from the lesson and the professor, and into one ofthe aforementioned activities. While this distraction is primarily to the individual using the computer, it can also be extended to those nearby who become ensnared by the computing activity of another. What professor can visually compete with a seedily provocative screensaver or an intense game of solitaire? My second contention concerns the much more agitating noise made by laptops. Laptop noise is Find a Nice PAD By Yadira Ramos When I first entered UB I had heard of Phi Alpha Delta (PAD) and was immediately turned off. I was definitely not going to joina fraternity and anyway, I'm a IL, so who has time for those things? However, during their first table day, they were handing out calendars of events, which looked interesting. They had movie passes, lectures given by attorneys, and workshops dealing with how to brief a case and how to outline. PAD also sponsored a few ofthe ever popular bar nights. I was impressed; they were organized and had opportunities for everyone to participate, from the socially to academically interested to those in between. (And no, there is not any hazing to join!) So that was how this anti-fraternity girl got involved and from hearing other members, there have not been many disappointments. As new members of PAD we have been able to have an idea of how exactly how to outline, and had some drinks when we are stressed. Maybe more important, we have had some real one-on-one contact with different attorneys on what we might possibly do in the future, at the PAD sponsored "What area of Law is right for you?" At this panel we were given some information regarding internships and what exactly attorneys look for on resumes. Our social chairs and philanthropy chair are also planning events that go beyond the typical bar night, such as our Thanksgiving food drive and participating in the "Adopt a Family" program to distracting to more than just the individual user, as ÜB's cavernous classrooms place everyone in the proverbial "zone of danger" exposed to laptop noise. Trying to hear over the whir ofinterior cooling fans, beeps, alarms and assorted computing sounds has become as maddening as the Dormant Commerce Clause. with violent premonition, or those whose computers are equipped with less-than-silent keyboards. I guarantee, five minutes ofthis torture and you'll be praying for another research and writing memo. able to believe However, no noise comes close to being quite as distracting as the sound of clattering laptop keyboards. Class simply would not be complete these days without the background noise of clicking laptop keyboards. While this noise is distracting in itself, it also overwhelms the professor's voice and makes listening more difficult. One can always tell when interest wanes in a lecture as the frequency of clacking keys diminishes. But, an important remark by the professor and the laptop springs back to life with a veritable cacophony of noise. In class, listen sometime to the sound of classmates typing onto their keyboards. Pay particular attention to those who strike their keys help others. For those who want a job, (isn't that what most of us look for while we are here?), there is a book that some ofthe board got together from the Phi Alpha Delta conference in New York City with names of other schools and attorneys who are a part of PAD. Our chapter also organized a "Meet the Brothers Night" in September to meet practicing alumni. In February there will be another opportunity to meet alumni of UB who were members of PAD, which will be another way to sell yourself and, ifnothing else, hear some insights into what you might do once you graduate from ÜB. Of course, I cannot forget the spring break trip that is being planned, a cruise that will include stops in Cozumel, Montego Bay, and the Cayman Islands. During the informational meeting, alum Ron Winter asked, "How can you not afford to be a part of PAD?" After looking at all we have done and will do, I have to agree, and ask how can you not be a part of PAD? If you have any questions or would like to join, contact Mark Starosielec, Chapter Justice, at mastaros@aol.com. sors, as well. looking out at a sea ofmonitor backs and speak over the din oflaptop noise. What could be more frustrating than having your lecture interrupted by the braying claxon of a computer alarm? Professors also have to wonder what is going on behind the screen, whether the student is paying attention, writing e-mail, or simply hiding. Indeed, laptops can serve as a really useful hiding place to duck behind when the professor begins to scan the room for an unfortunate and unlucky soul to call upon. Laptops shield both the student's face and their activities from the piercing gaze of a professor. Finally, please don't get me wrong, I'm not a techno-phobe waxing nostalgic for the golden days of traditional academia and bemoaning the intrusion of technology into the classroom. Rather, I myself own a laptop and I find ita very useful tool. Though I would never bring it into class, I admit there is probably more potential for doing something useful with a laptop than there is with a pencil, an empty notebook margin and a wandering imagination. Admittedly, while students can do so many things besides learn with laptops in front of them, they can and they do learn as well. However, there should be some realization that what may be a learning tool to some may be quite a distraction to others - "Draco Dormiens Nunquam Titilandus." &QA:3CCLlasGift ampaign What is the 3L Class Gift? The 3L Class Gift is a giftby the graduating class to the Law School, and is paid for by monies raised by the 3L Class Gift Campaign. Gift choice is entirely decided by the 3L Class. For example, funds raised by the Class of 2002 went to support the travel scholarship program, and the class chose to have a plaque commemorating its gift placed on one ofthe spectator benches in the new courtroom. The 3L Class Gift Campaign is sponsored by the UB Law School Development Office and is coordinated this year by graduate assistant Carrie Parks. How do I get involved? "How I Handled My Exams" Wednesday, Dec. 4. 5:00-6:00 p.m., 106 O'Brian. Wednesday at 5 Program. For more information, contact Melinda Saran at Student Services, 645-6223, or saran@buffalo.edu. One way to get involved with the 3L Class Gift campaign is to join the 3L Class Gift Committee by e-mailing Carrie Parks at cpparks@acsu.buffalo.edu. As a committee member you will help to plan upcoming events that raise money for the gift and develop ideas on what the class gift should be. If you cannot Please turn to page 4 It's kinds chilly. Throwanother lawyer on the fir*. �The Opinion November 25, 2002 Review: Where the Greasy Burger Roams Fast Food Nation: The Dark Side American Meal Eric Schlosser hired. In 1996 an investigation by the U.S. Department of Labor concluded that ninety-two percent of the workers would have been hired by the companies anyway, and that their new jobs were invariably part-time, provided little training and came with no benefits. of the All- 400 pages. HarperCollins $8.37 paperback on Amazon.com By Jean-Claude Dehmel A writer for the Atlantic Monthly, Mr. Schlosser has written a deconstruction of America's consumerist cheeseburger culture, and it makes for fascinating reading from start to finish. Thoroughly researched and cited, the book describes in an easily readable style the origins of McDonalds et. al and their expansion after World War Two; the giant agribusiness combines and what they are doing to small farmers and ranchers; the pitiful conditions of workers - all the way from the slaughterhouse to the greasy teenager behind the counter; the cancerous expansion of McDonalds into markets around the world; and the restaurant lobbies' tenacious resistance to effective USDA inspection of contaminated meat. While quietly spending enormous sums on research and technology to eliminate employee training, the fast food chains have accepted hundreds ofmillions of dollars in government subsidies for "training" their workers. Through federal programs such as the Targeted Jobs Tax Credit and its successor, the Work Opportunity Tax Credit - created to reward American companies for providing job training to the poor the chains have for years claimed tax credits of up to $2400 for each new low-income worker - The book's tone is ironic, painstakingly factual and replete with interviews of farmers, workers, executives, regulators and justabout anyone else who has a hand in mass food production. The abuses portrayed are utterly appalling and harrowing; the studied, scientific, manipulation of consumers through marketing psychology, food engineering etc, reminds one of internal documents you'd see in the tobacco litigations. Once a company has decided voluntarily to pull contaminated meat from the market, it is under no legal obligation to inform the public - or even state health officials - that a recall is taking place. During the Jack in Box outbreak, for example, health officials in Nevada did not learn from the company that contaminated hamburger patties had been shipped there; they got the news when people noticed trucks pulling up to Jack in the Box restaurants in Las Vegas and removing the meat. So, ifyou're up for a good read I recommend this book. Parts ofit are not for the squeamish ~ descriptions of meat packing industry and workers injured therein, descriptions of E. coli pathology on the vital organs ofyoung children ~ and other parts will just leave you disgusted at the greed and avarice of corporate America. Jessup Moot Court Board Doing It Internationally By Lisa Danish The Jessup Moot Court Board is a student-run organization dedicated to the understanding and enjoyment of international law through moot court competitions. The two moot court competitions open to second and third-year law students are the Jessup Regional (and International) Moot Court Competition and the Niagara Cup Moot Court Competition. Selection to these teams is done through the Fall Intramural Competition. Firstyear students may compete in the Spring Intramural Competition for selection to the Faskin First-Year Competition Team. The Jessup International Moot Court Regional Competition This International Law competition has been organized annually by the International Law Students Association (ILSA) with the support of the American Society ofInternational Law (ASIL) since 1959. The Jessup problem is based on a fictitious pair ofcountries who have brought their (atypical) international legal dispute to the International Court of Justice in The Hague. This is an open research competition that allows for about four months of preparation. Success at the Regional competition allows you to "advance" to the international competition in Washington, D.C. This year's problem deals with state responsibility for rapes committed during a civil war, as well as international trade in people and forced prostitution. The international competition takes place in early March alongside the ASIL annual meeting. Competing teams come from the world over, with particularly fierce competition originating from Australia, South Africa, Argentina and Spain. For these reasons, participation in the Jessup competition is nationally appreciated, particularly among international law practitioners. ILSA releases the Jessup competition problem each September. Traditionally, ÜB's Jessup MootCourt Board selects a "regional team" in late September after an intramural competition. The team includes two two-person teams and at least one alternate team member. Members ofthe 2002 team are Joshua Freeburg, Gabriel Gilman, Lisa Danish, Tonia Vostok and Alyson Wutz. The team will be coached by Lisa Danish, Matt Rich, Keith Bernstein, Frank Collocchia and Sarah Filocamo. In late December, ILSA announces that year's regional grouping of U.S. teams - this is when the team discovers what schools it will be competing against during the regional competition in early February. The briefs, called "memorials," are submitted in early January, cannot be revised should the team advance to internationals, and are often scrutinized by the judges in advance of oral argument rounds. The law library has volumes of past Jessup competition memorials if you are interested in seeing what they look like. Participation in an open research competition with a longer preparation timetable is very different from a short, limited competition. However, because the Jessup problem generally hits upon at least one unexplored or under-explored issue in international law, one ofthe competition's great benefits is that students become almost as knowledgeable as international legal experts on that issue. The longer schedule is also conducive to less-frenzied preparation and greater development ofboth legal writing and oral argument skills. Photos by Jean-ClaudeDehmel One-L Mentor Program? By Mike Lubking In my first year I was assigned a 3L mentor by the Law Review. She was great, though busy with her schedule and trying to get a job after graduation. In May I realized what was needed: someone who would be available for personal meetings and able to give good objective information and advice about the first year experience. I also realized that the best people to perform this service would be 2Ls, as they were the most immediately familiar withthe 1L experience. With the assistance ofthe SBA, I circulated a survey to lLs concerning these same concerns, and got enough returned to show there were students who shared my concern and supported the idea. Since that time I have been put together the "1L Mentoring Program" for the class of 2005, to be provided by The Living Well Center (mentor training), the Counseling Center (stress and other issues), Leadership Development, and the Career Services Office. It takes place in one day and takes about 5.5 hours. The goal is to give lLs a trained person who has just experienced what they are going through, and can give them sound advice on the first year experience. Besides making lLs improved students, which will benefit the law school, the mentors will make the whole first year go better. My hope is the program will be self-perpetuating, with this year's lLs taking over and running it next year. If you have any questions or are considering volunteering, drop a message in my law school mailbox, #396. The Niagara Cup Competition The Niagara Cup Moot Court Competition generally involves an international trade law issue, and takes place in mid-March at a Canadian or U. S. university. This year's competition will take place in Chicago. There are fifteen participating schools from Canada and the United States. Kevin Grossman, Dennis Jose, Charles Messina and Kimberly Conditi. The team will be coached by Megan Molak and Elizabeth Barcena. The Niagara Cup is not a regional qualifier, but rather a freestanding competition, with the regular submission ofbriefs and presentation of oral arguments. Members of the Niagara Cup team are selected as part ofthe Jessup board's fall intramural competition. The members ofthis year's Niagara Cup team are Laurie Batterson, The Faskin Competition uses a truncated version of the annual Jessup International Moot Court problem to test the oral advocacy skills of first-year students (no written briefs are required). Six participant schools from Canada and the United States meet at the March competition in Toronto, Canada. Members ofthe 8 to 10-member Faskin team are selected at the Spring intramural competition, which is generally held in February. 2 The Faskin, Martineau, DuMoulin First-Year Moot Court �November 25,2002 The Opinion Military Globalization to the Rescue Military globalization: the opening up of all sovereign borders to free access by every country's troops, tanks, and other military hardware. By John Haberstroh ances the U.S. effort has cast the field's loftiest concern - legal regulation of war and peace onto history's trash heap. How can the field be rescued from irrelevance and its lawyers and professors from professional demise? Military globalization is the only solution, even if it means a complete re-working ofthis area of international law. But before describing the concept more fully, let's look at what led to the war and peace law to its present desperation. After its Nuremberg triumphs, international law's war regulation division went through Cold War hard times. The U.S. and Soviet Union generally ignored it, because their self-interest was clear: each giant made its own sphere of influence where it decided what was law. And, in the competition between the two powers international rules - laws about not violating sovereignty, for example - would have just gotten in the way. So there was anarchy, internationally legally speaking, Korea, Cuba, Vietnam, and so many more, dozens of wars, police actions and acts ofbloody skullduggery. Finally, a U. to the Soviet Union's Vietnam, and eventually to With the Cold War over, global law backers saw their chance forrebirth in Iraq's invasion ofKuwait. Here was a clear violation ofinternational law, and an opportunity to punish Iraqi violation of Kuwaiti sovereignty. But Iraq wasn't the real target of global law backers, the U.S. was. The hope was the experience ofhammering Iraq under the UN flag would enlighten America to the rightness, or at least the usefulness, of being a servant of international law. The UN invited in force needed to evict Iraq and enforce itional law. It was a 'turkey shoot,' though lenty of law of war violations, but in the ria all was ignored or forgiven. The priaf global law and order in matters of war nd peace seemed to be established. gy Yet it was an illusion, as was seen in the next big war, Yugoslavia. There NATO and not the UN negotiated with, gave ultimatums to, and attacked Serbia. Yet still, could the shoving aside of the JN and international law - after all, Serbia had only 'invaded' itself- be accounted for as a one ime, special case? And the U.S. and its allies did espect the UN enough to ask for and get an okay after the war. Maybe initially ignoring the UN could be explained by two 'peculiar' UN Security Council members: Russia, blood brother of Serbia, and China, too darn sensitive about imperialism. Besides, international law was going to get to conduct a tribunal, like the good old days Jut no, the dream really is over, at least for the old-fashioned peace and war law. After the uniateral U.S. attack on Afghanistan and the comng invasion of Iraq, the U.S. attitude is clear, .ike President Bush said (more or less) to the JN and international law, 'You're either with us or you're irrelevant.' International law must take a back seat, the U.S. is drivine for awhile. The attitude should have been expected, of course. After all, during the Cold War the U.S. and the Soviet Union kept international power to themselves, so why give itup now when you have it all? Put differently, respect for old-fashioned notions of inter national law would mean getting practically nothing out of the most powerful and expensive military the world has ever known. Think about it: rather than being all legalistic and buying a country's oil, if the U.S. makes up its own international rules it can just swoop in and take it - you know, come in with attack helicopters and missiles and stuff, then maybe install a colonial potentate. If we did this kind of thing often enough, we (actually, our big corporations) would control the supply of critical natural resources to the other economic powers. Then you're talking monopoly prices and maximum profits. This kind of scenario could, of course, never happen under the old-fashioned international law rules. That's why we need military globalization, an explicitly U.S.-friendly interna tional law. Wrapping up the history, remember the Rambouillet Accord that we tried to force on Serbia just before the bombing? The agreement would have allowed free access for NATO military forces, their free movement, anywhere in Yugoslavia. In other words, war would have been can celed if Serbia had just made itself a trial run for military globalization. Rambouillet was the blue print for international law's great campaign to open every country's sovereign borders to free access by every other country's military forces. To explain why military globalization would be attractive to the U.S., first of all we are already militant advocate of economic globalization, lov ing open borders and open access for all comme cial products. This, of course, works great for ou biggest multinational firms, which are among th most economically efficient on the planet, and not so well for firms and countries that can't kee up. Military globalization would work out even more greatly for our military, with its unchallenged killing capacity. Even better, the US could now take the moral high ground, because under international law it would be just plain 'wrong' for militarily weak nations to maintain their sovereignty. Lastly, hypocrisy being allowed when you're militarily strong, the U.S. would still be permitted to get righteously angry and severely punish countries trying to violate our sovereignty. In conclusion, consider how this doesn't just save the war and peace division, it advances it to the forefront of international law. Military globalization would become a venerated second pillar, along with economic globalization, of the world's semi-official secular religion, with its legal proponents high priests and priestesses. There would even have to be an international military court, where supplicant nations would come to be scolded and taught the error oftheir ways. That's right, there won't just be exalted titles, highminded speeches and important conferences, there are judges' robes in this. Theoretical work would expand as well. It would be the field's great task to invest military globalization with universal legitimacy, and apply it everywhere, embracing always abstract principles and rejecting real consequences. With both wit and science legal minds would battle military protectionism, wielding impressive mathematical formulas to show that, though for now the U.S. rules, in the long run globalization will definitely raise all armies, making everyone strong. Lastly, and touchingly, the global law vanguard would bond during the great campaign, as it tirelessly promotes a bright, Utopian, borderless world, where warriors will freely and generously share their goods and services. If any of the above seems a stretch, see your economic globalization brethren for pointers. 3 Mad to Bear Arms By John Rudy ban Washington, DC, using a .22 caliber hunting rifle and striking targets from an average distance of 100 yards. To the unsuspecting eye, this may seem rather precise, but for a .22 caliber rifle the most common rifle owned in the U.S. - aft accurate shot from 100 yards is nothing remarkable. The snipers are just an example ofthe current lethal capacity of the country, and now marks a time for reexamination of our interpretation of the Constitution's 2 nd Amendment. The Amendment reads, "A well regulated militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed." The NRA and the Supreme Court have focused on the main clause at the end of the amendment, not the purpose imbedded in the opening phrase. The framers understood that a "well regulated militia" would be necessary to protect the newly formed states from uprisings by nearby Native Americans and from border territories still occupied by Europeans (see: French-Indian War). Also, the American Revolution had succeeded due to the ability of local militias to unite. However, in so far as every American should have the right to own a firearm, the framers sole intention lies in the protection of the State. The framers could not have intended its modern purpose of hunting outings in pursuit of relatively confined targets or the irresponsible individualistic wielding of power. Nonetheless, the Supreme Court has relied on the second part of the Amendment to protect against limitations in gun regulations. Consequently, the majority of the country has become comfortable with the presence of guns in their homes and in their culture. In part as a result, the majority of Americans are bred in a culture of violence, and an obsession with the power of guns. In the end there is a devastating disregard for the potential harm that such weapons can produce. The incidents in Maryland and Virginia were a microcosm of the culture of violence that is predicated on the overwhelming presence of weapons in American society. In fact, the lack of gun regulations has led to an enormous black market where the capacity to kill can be bought for unTo prevent seemingly random attacks in our schools and streets, we must allow the government to regulate guns. I do not propose tnat we abandon the 2 nd Amendment. Furthermore, I do not suggest that all guns should be illegal or that no American be allowed to go hunting if he or she so chooses. However, I do think that we can reduce the possibility that lethal weapons fall into the hands ofthe wrong people. As a start, a .22 caliber hunting rifle does not need to be on hand in so many American households. The flood of such weapons into America's countryside, suburbia, and cities has fortified a culture of violence. The adverse affects of this culture, unfortunately, have most poignantly surfaced in America's poorest neighborhoods. Already, most state governments have realized the necessity to protect children and have enacted laws that hunting rifles and other guns cannot remain loaded in storage. Unfortunately, we cannot protect ourselves from the adults. Why not check the gun at a local gun shop until you need it to go sporting? This way, the government can track down a specific weapon and locate a murderer. Finally, on the issue of handguns and cop-killer bullets, the interpretation of the 2nd Amendment must be revisited. Surely the framers did not intend for a "well regulated militia" to fight with 9 mm. glocks. �The November 25,2002 Opinion The Disloyal Opposition: What Happened to the Democrats? By Chuck Case Democrats have a problem. Just a few short weeks ago, they effectively rolled over and played dead, never asserting a coherent platform on the two main issues ofthe day, domestic security against terrorism and regime change in Iraq. They claimed the reason for this focus, or lack thereof, was recent polling data showing that what Americans really cared about was some variety of kitchen table issues and not domestic security or P..yeah.. .0k.. .L00k I'm not here to ridicule stupidity ofremoving from your agenda, or treating as secondary, the possibility of waging war on another country or defending ourselves against somebody waging war on your country because, supposedly, the American people don't care. Besides, polling data wasn't the real reason the Dems played dodge the issue anyway. The real reason is that they were scared to touch these issues. Which brings us back about 18 years or so t0... 0h... 1984. Democrats are retreating from every political battle where they might lose ground. Meanwhile, the far left is grumbling, and building a large volume of politically charged thought, academia and propaganda they will wait to use when the first disaster strikes, running out from behind their bunkers and waving it in the faces of the American people screaming "I told you so." (If you're lost, please refer to the Walter Mondale talking points from his 1984 Presidential run, which can be easily found by looking for excerpts from his recent debate with now Senator Coleman...And yes, that was a cheap shot.) Democrats are huddled up and have no clue how to deal with the fact that President Bush, the man so anxious to have perceived as a dolt, s a tremendous amount ofcredibility with merican people; this is also eerily reminiscent of 1984. Democrats seem to be hoping that newspaper editorial boards all over the country can save them from their ideological drift. Well it's not gonna happen, they have to save themselves. Kire So, even though I'm no Democrat, I will, in my interminable beneficence, give them the key to rebuild their base and once again engage in a debate with the President. Are you ready, here is comes: Stop agreeing with him, or at least stop the "we're with the president but..." garbage. Now don't get me wrong, it's not that I want Democrats to forcefully disagree with the President, think they should disagree or are correct to disagree. Those considerations are not relevant here, I simply know they do disagree and I hate a coward. So buck up Senators and Congresspeople and join the debate. IfI have to turn on James Carville in order to find some interesting discourse again, I think, in a torrent of Sophie lean drama, I'm gonna go Oedipus on myself. (No, not whack my father and marry my mother. The eyes, the eyes!) Minority Leader and her anticipated foibles. Pelosi is a partisan on the far end ofher Rct:rum (that would be the left), from a district is so politically one-sided that she cannot sibly have a grip on reality (i.e. so liberal she need not have a reasoned discussion with anyone for several months out ofthe year) and as such is poised to assume positions so out of step with the rest of America that she will lead her party down the path ofruin. You know, the same reason the Democrats got excited about Trent Lott. But Republicans should take the bibs from around their necks, roll them up and use them as gags until they regain some perspective. Pelosi's place on the ideological spectrum is not determinative of whether or not she will be a good political operative. She will seek to do what Democrats have failed to do for some time now, actually, offer a voice of opposition. Yes, some ofher positions will fall outside ofmainstream American values. However, if she is successful she will build a record of opposition, a litany of dissent galvanizing the Democratic base against the Bush agenda and, most importantly, give the Dems something (anything) to run on in 2004. Remember, to score political victories sometimes the only person who needs to believe in a candidate's platform is the candidate. Remember, also, that the American electorate has a long-term memory problem - they rarely have one. A Mandate? Mandates are such a sticky thing to proclaim, yet someone always claims one and I really wish they'd stop (whoever "they" are at any given time). Let's recall some ofthe more recent examples. Clinton wins 43% of the vote in 1992, beating a lethargic opponent with some help from a third party egomaniac, claims a mandate, tries to nationalize the health care system, raises taxes, breaks a promise to cut middle-class taxes and two years later suffers one of the most stunning midterm losses in history. The net result of that loss to this day is that Congress is still controlled by the party that he helped usher in and his party has yet to recover. Now that same 1994 Congress claims they have a mandate. They undertake some bold plans to restructure Medicare, balance the budget, tamper with the Clean Water Act and eliminate entire departments of the federal government. The result, two years later the once embattled president trounces his Republican opponent, soars in jobapproval ratings, wins political battle after battle, even as the Congress wins policy battle after policy battle, survives impeachment and the Republicans suffer losses in Congress for three consecutive elections, learning the hard way that a blue dress doesn't equal congressional seats. So let's fast forward. George Bush loses the popular vote, wins the electoral vote by the skin of a pregnant chad (and Justice Scalia's teeth... that was shameless pandering to my audience), limps into office, unleashes his strateegerie 0f... sorry strategy... of pushing across-the-board income tax cuts, wages a War on Terrorism, plans to invade another country, gains stratospheric approval ratings and in a historic midterm election the party of the President actually gains seats! (this doesn't happen often), potentially giving him a mandate, which if we are to believe recent history, he will keep so long as he doesn't use it. The above litany of events notwithstanding, can a President or party in Congress really have a mandate where their opponents offer no real alternative solutions to the most important issues of the day? The answer could be yes if the reason they offered no real solutions was the fact that the mandate was already in place. So yes, a mandate may exist in the above scenario if a mandate already existed to begin with. (How's that for circular?) But gauging such a phenomenon is problematic. Since the Dems didn't offer any real alternative to change public opinion, we might, ironically, be left with public opinion polls being the gauge of voter sentiment instead of their votes (think about that and you'll get it), which is a distasteful (and Clintonian...Bill not Hill) proposition. 4 I he Point Being... ou folks starting to see y gripe yet? Don't get c wrong, I like inning, really I do. But something feels hollow about a victory when your opponent treats the ball like a hot potato. With that said, let me use a sports I example to tie this rant together. If I'm playing football and my opponents punt on everyfirst down in the hopes that my team will turn the ball over or simply fail to reach the end zone, I have no real way of gauging precisely what the inevitable victory over them says about my team's game plan. I'll let you tie the analogy together as you so Bob Dylan once sang, "A little piece of corn bread laying on the shelf/If you want anymore, you can sing it yourself, uh-huh." If you want any more conclusions, you can draw them yourself, you should be doing that anyway. Now that the above is off my chest, I have a pot ofcoffee that is feeling mighty neglected. M®reoslM3LO»« Continued from page 1 be a committee member but have a suggestion as to what the 3L Class Gift should be, please e-mail your ideas to Carrie Parks. But the most important way to be involved in the 3L Class Gift campaign is to GIVE!!! Once the committee has been formed and the social events mapped out, please attend and give to the campaign. What is our goal? The goal of the 3L Class Gift campaign is to have at least 30% class participation by encouraging members of the Class of 2003 to give $20.03 or more. A participation rate of 30% would surpass the participation rate ofthe past two 3L classes. However, if every student in the 3L class gave $20.03, the class would raise over $4000. In addition, the Law School will match all cash gifts made before June 1, 2003. That would increase the class gift to over $8000. A gift ofthis amount would almost double the gift made by the Class of 2001 ($4,835) and more than triple the gift made by the Class of 2002 ($2,675). As a final note, the 3L Class Gift campaign is a great way for the Class of 2003 to celebrate its last year of law school together. Let's leave a mark by making an important contribution to the law school! The Opinion Editor-in-Chief Managing Editors Senior Columnist John Haberstroh Alison Brunger Natalie F. Gibson Chrissy Roth John Rudy Thank you to everyone who has contributed to The Opinion, the law student newspaper ofthe University at Buffalo Law School. Put new submissions of articles, cartoons and photos into our mailbox in the SBA office. The staffreserves all rights regarding publication and editing of materials, and will not publish libelous or anonymous material. Written consent ofthe Editor-in-Chief is required for reproduction of any articles first published in The Opinion. FAIR USE NOTICE: This newspaper contains copyrighted material the use of which has not always been specifically authorized by the copyright owner. We are making such material available in our efforts to advance understanding of political, human rights, economic, and social justice issues, and so on. We believe this constitutes a 'fair use' of any such copyrighted material as provided for in section 107 of the US CopyrightLaw. In accordance with Title 17 U.S.C. Section 107, the material in this newspaper is distributed without profit. If you wish to use copyrighted material from this newspaper for purposes that go beyond 'fair use', you must obtain permission of the copyright owner. � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Opinion, 2002-11-25 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. The Opinion no. 2 25.11.2002 Date Issued Date of formal issuance (e.g., publication) of the resource. 11/25/2002 Bibliographic Citation A bibliographic reference for the resource. Recommended practice is to include sufficient bibliographic detail to identify the resource as unambiguously as possible. 41 2 Publisher An entity responsible for making the resource available University of Buffalo State University of New York at Buffalo Law School Language A language of the resource eng Type The nature or genre of the resource Newspapers Text Is Part Of A related resource in which the described resource is physically or logically included. LIB-LAW003 Rights Information about rights held in and over the resource <a href="https://rightsstatements.org/page/CNE/1.0/">COPYRIGHT NOT EVALUATED</a>. The copyright and related rights status of this Item has not been evaluated. Please refer to the organization that has made the Item available for more information. You are free to use this Item in any way that is permitted by the copyright and related rights legislation that applies to your use. This digital collection is made available for research and educational purposes. Researchers are responsible for determining copyright status, and securing permissions for use and publication of any material. Copyright for items in this collection may be held by the creators, their heirs, or assigns. Researchers are required to obtain written permission from copyright holders and the University Archives prior to reproducing or publishing materials, including images and quotations. For inquiries about reproduction requests and permissions, please contact the <a href="http://library.buffalo.edu/archives/">University Archives</a>. If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/770c612a73ebab3e4dc3a13bcbea6c82.pdf 48667e6bd46c6cd1d479141ea26419be PDF Text Text O THE PINION V01.41 Issue 1 October 23,2002 Why Not NYSU? By John Haberstroh Everyone knows this school should change its name, but nobody is doing anything about it. Well, with the exception of me, Tom Golisano, and, surprisingly, UB President (and former law school professor here) William Greiner. Of course, Golisano got the heavy publicity, and I couldn't get published, but at least I beat him to the punch. Greiner, beat us both to the punch, way back in December of 2001. this is where I cue in the article I wrote back in March of this year... Dream NYSU March 24, 2002 One day last December, in a small item buried deep inside the Buffalo News, UB President William Greiner spoke of how one morning he decided it would be nice if UB were "The State University of New York at Buffalo" rather than "the State University of New York at Buffalo". So he semi-officially or officially, I'm not sure which - changed the school name. Just like that, no committees, no statewide review. The man has that kind of power. - Of course, changing "the" to "The" does not amount to much, despite the significance Greiner attached to it. However, by displaying the scope of his power, ÜB's head honcho did do something very important: he opened up the possibility of a UB name change far more earthshaking, and beneficial, than he might imagine. Could UB one day be named something other than the grammatically challenged "University at Buffalo"? Yes, it's possible, Greiner's move implies. Now students and community can begin to envisage the school with a name we don't mumble in the middle of to avoid confusion or embarrassment, or dodge altogether by saying the old name (you know, SUNY-Buffalo, or was it SUNY at Buffalo, or The SUNY at Buffalo?). But UB can do better than the (or The) University of Buffalo, the rename that institutional momentum seems to be propelling us toward. Instead, I call on everyone - students, administrators, alumni and supporters - to dream of a greater name before sentencing UB to permanent ÜB-ness. For example, how about New York State University? Just that, no "at Buffalo" (except, if necessary, in the afterthought part of the name). Of course, it would be no fine if President Greiner wants to make it The New York State University. The opportunity to grab such a great name exists because the other three SUNY university centers - where the name might also make some sense apparently have abandoned their SUNY names just as we have. So, having led all into thinking we are going along with that identity downsizing, UB could now suddenly switch to calling itself New York State University without any competition. Before the other three big (former) SUNYs knew what hit them, the former UB would have established - whether 'officially' or 'unofficially' wouldn't matter at that point - first come first serve with the NYSU name, and would be slapping it on all its sports teams. (Speaking of sports, dream of how a name like NYSU fits very nicely in the Big Ten next to Michigan State and Ohio State, whereas UB suits the MidAmerican Conference (the MAC) all too well). And theremarkable thing is that, analogous to President Greiner's impetuously capitalizing the "The" in our school name, it all could be done expeditiously, with minimal red tape. UB already has all the components of New York State University in its very long official name (University at Buffalo, The State University of New York), so UB would simply be rearranging word order and 'lower-casing' some previously emphasized words, just as it now does in calling itself University at Buffalo. Do I need to explain fully why New York State University is a far better name than University at or of Buffalo? How emphasizing the university's association with the all but official capital of the world immediately raises the value of its degrees? How through a name change UB can reestablish itself as the flagship of New York's state university system? Didn't think so. Dream NYSU. Why Not NYSU? August 20, 2002 A few months later Tom Golisano followed, unknowingly, in the wake of Greiner and Haberstroh. Do you remember the following story from last summer? Continued on page 4 Sopranos Controversy ruuiiudiiuii, nic ui^dinzd - tion that hosts the parade, refused to allow the actors to participate because they believe that the show perpetuates a negative stereotype of ItalianAmericans. By Paul Didio pie years, and that criticism has only intensified this past week with the prohibition of two of the show's stars from the Columbus Day Parade in New applaud New mayor Michael Bloomberg for refusing to march in the parade without his two guests, Dominic Chianese and Lorraine Bracco. William Fugazy, president of the Coalition of Italian-Americans Association, said, "Our parade is about heritage and pride. Certainly 'The So"Glory Day": Die-hard fans Christine Fitzgerald (L) and Carrie Parks (R) pranos' haven't done much for heritage and pride in our community." Yet the truth of the Run downBruce Springsteen at the airport after his concert at HSBC Arena. matter is that the two actors invited by Mayor Inside this Issue Bloomberg have. Bracco acts as city spokeswoman on environmental issues and Chianese makes public service announcements "Friends" 2 for tourism. It was their contributions to their native city, not their SBA Bar Night 2 success on "The Sopranos" that prompted Mayor Bloomberg to invite the actors to march in the parade with him. Sorority Life 2 Unlike the many Italian-American organizations that criticize the show, Mayor Bloomberg was capable of distinguishing between the real Lorraine Bracco and Dominic Chianese and the characters they play in the show. It's unfortunate that the Columbus Citizens Foundation could not do the same, because they missed a perfect opportunity to do exactly what they complain "The Sopranos" does not, which is to show and celebrate the success and good works of Continued on page 4 Moms in Law School 3 Cartoon 4 Living in Buffalo Economy 6 6 �The Opinion October 23, 2002 There's a Time and Place for All Our Friends By Chrissy Roth tion. However, watching the same pattern of jokes reworked one too many times as we watch our favorite New Yorkers plunge into their ninth year together, just makes me start to consider tuning into another one ofour other illustrious broadcasting networks in the twilight hours on a Thursday evening. For those of us that are in our early twenties we have grown into adults watching Friends. Gone are the days that I would curl up in front of the TV, after finishing my Geometry homework, and dream ofthe time when I too would have five wonderful, witty, attractive, and devoted pals that would be with me It was said that after September through all of the ups and downs 11th, ratings for Friends soared, of my week. Nine years later, and the nation turned to Must See and rightfully surviving the time TV for weekly comfort and enof my life that was so glorified on joyment. When the sitcom Must See TV back when I was in watchers of the world were just high school, Friends is still about to give up on our six favoraround, making us laugh on a ite friends, Terrorism gave us all like it was weekly basis, just crea reason to appreciate canned ated to do way back when we laughter in all of its glory. were all still busy studying our traffic signals for the permit test. As a card carrying, platinum member of the Nick at Nite Fan Unfortunately, the great differClub, I'm the last person to deence between 1994, and 2002 is nounce Comfort TV. In fact I that our pals on Friends are no strongly believe a little old school longer 25 year old up and coming Green Acres, or Gilligan's Island actors casually joking over the can cure any physical ailment or trials of their early 20's. Instead social crisis. But, the second, we find ourselves watching a third and fourth time Ross and group of actors in their midRachel trip over each other in anthirties, hiding their expanding other reworked illustration of waistbands, crow's eyes, "after their misguided love affair I start baby" weight or much publicized to forget if I'm watching a rerun "after rehab" weight. Although or just a rewrite, circa 2002. a fervent watcher of I'm not Friends for the natural beauty of our Thursday night comrades, there is a time and place for every actor, and maybe Courteney Cox Arquette has just over cleaned her Greenwich Village apartment one too many times. I tune in every week to appreciate the timely quips that are supplied for Matthew Perry to deliver every week, for David Schwimmer to show us just how befuddled he can be, or for Jennifer Aniston to display the utmost confusion over the complexities of everyday life. However, after nine years how many more times can Ross pine over Rachel, (or vice versa)? How many times will we see Joey flub up an audition, or Phoebe rectify problems concerning mistaken identity for her identical twin Ursula? I enjoy Friends every time I tune into TBS or the WB and always sing praises for the joys of syndica- There is a time and place for everything, and unfortunately there is a time when a group of middle aged Gen X'ers need to hang up the coffee mug and get on with it. Giving up while you're ahead is always respected. We all lamented over the last episode of Seinfeld, and were quickly assuaged when we realized that the wonders of syndication would neverreally take our favorite sitcoms away for good. Ted Turner will always make sure to supply us a healthy, syndicated dose of 22 minute bantering, so long as we continue to buy our basic cable package. Friends will always be enjoyable, and my DVD commemorative package will always be proudly displayed on my mantle, but it's time for our Friends to run off into the sunset and leave us all to remember a better time, when our "twenty-something Friends" were still in fact, "twenty-something". SBA Bar Night Review By Angelique Shingler The SBA bar night was held on Thursday, Sept. 26 at SoHo in Downtown Buffalo. I was approached and asked to write a review of the bar night. I think it is only fair that I disclose that I am the Parliamentarian of the SBA and helped plan the bar night, so I may be a little biased. The event began at 9:00 pm, but people did not begin showing up until 10:00 PM. SBA ordered a pizza and wings party pack —� however, food did not arrive until later on in the night, and I heard that there were some complaints about that. WHEN the food did arrive, it was gone within seconds. Then, more food arrived. In total, there were 4 sheets of pizza and 200 wings. When all was said and done, all that was left were bones and little pieces of pepperoni. So there was all you can drink Beer, pizza, and wings at $5. What more can you ask for? The night seemed to go well. People drank, ate, and talked. People tended to gather outside on the patio. My only complaint was that it was a little chilly; however, there were heating lamps. So if you got a little alcohol in your system and stood near a lamp, you were allright. Honestly, I did not get to mingle as much as I would have liked, because sometimes it was my turn to take a shift and act as an "enforcer" at the door. A few instances of drama did develop (depending on how you look at it), when strange, often intoxicated, characters would try toforce their way in for free. (They were not law stu- dents of course). But I handled it. The big controversy concerning the SBA bar night, and a lot of people did ask about it (including someone who claimed to be a "professor" and who was looking for his students that night), was that there was another bar night that night. Yes, two clubs did have a Bar night on the same night. However, the IP Journal is not a part of SBA and does not have to inform SBA of any events that they plan. SBA was not aware of another Bar night taking place, so we planned the event. Our fliers went up Sunday, and theirs went up the next day. It is unfortunate that it happened, but it was ok, and all within the bounds of the "law." Just Relax and look at it as providing you with a choice. Whoever came and attended the SBA bar night, I thank you. All in all, as bar nights go; I think it was a success. There have been a few complaints that have been brought to my attention about the number of bar nights. If you are not a bar night person, but you are a party person, please come to the Halloween Party, sponsored by SBA on October 31, in the Red Room. It will be a costume party, and once again.. .food and drinks will be served. There will also be a best costume contest and a DJ. See you there! �The October 23, 2002 Opinion "Sorority Life" spells trouble for all Greeks general are constantly criticized, and, one by one, schools are Back-stabbing. Catfights. Hookcracking down on or getting rid ing up. Getting drunk. Yep, all of fraternities and sororities altojust a day in the life of a sorority gether. This is a delicate subject girl. Or so MTV would like you matter now, as hazing incidents to think. make national headlines and often end in tragedy, and memberBuffalo is once again finding itship into Greek organizations is self in the national spotlight besuffering as a result. Greek syscause MTV's popular new show tems all Over the country are try"Greek Life hasdecided to film its new season here. The sorority ing to change a lot of negative connotations that already exist, Delta Xi Omega has been seand emphasize the chapters as dilected as the focus of the next verse places of scholarship and "Sorority Life," while MTV will community service. Rush is often also use Sigma Chi Omega to benow called "new member recruitgin an all-male counterpart, ment," pledging is now "new "Fraternity Life." It is exciting member education." Shows like that a new, popular show on a this perpetuate stereotypes and network like MTV has selected our school as the focus of the new will likely only illustrate more of season, and any publicity that our the problems that come about from the Greek system, because usually oft-underrated city gets they highlight only the negative can't be a bad thing. And by all aspects of the groups, and not all means, watch the show when it of the good that they can provide comes out, watch it and support to their members and the surour school and its students. But please, I beg you, don't take it se- rounding community. riously. Not even for a second. I was a member of Delta Delta Delta at my undergraduate The first season of "Sorority school, Cornell University. The Life" took place at the JewishGreek system there was very interest Sigma Alpha Epsilon Pi strong, and somewhere between a sorority at the University ofCaliquarter and a third ofthe school's fornia at Davis, a school with population is involved in either a mainly national fraternities and fraternity or sorority, including sororities. But Sigma Alpha was hundreds of people you never not a nationallyrecognized sororwould have imagined as typical ity, and other UC-Davis Greeks considered it more of a club than "Greeks". a fellow chapter. In fact, national For me, the Greek system was an would sororities and fraternities invaluable part of my college exnever be allowed to be filmed in perience and a way to meet fascia as would risk such show, they nating people I otherwise would losing their charter as too many not have. I did all of the things thousands of other members that sorority girls are supposed to would be affected if their organido, but I also met the best friends zation was portrayed in a negaof my life and over the years my tive light. Like the sorority in membership became something Davis, ÜB's chapter is a local much deeper. Sure I drank, met one, so they are not subject to naguys, went to parties and genertional chapter rules and can thus ally had a great time. But I also become minor cable TV celebriheld a sister's hand at her father's ties. funeral and rode in an ambulance when another sorority sister fracThe secrecy of the "Greek Life" shoots leaves people not knowing tured a vertebrae. MTV omits many of these other positive asexactly what to expect, but the pects of sororities. evidence of the shoot can be found all over Buffalo. But I hope I will not deny that Greek systhat everyone keeps in mind that tems vary a lot from school to these shows do not depict sorority school, and some probably do a life accurately, much less Greek lot to deserve their snotty, exclulife, and UB Greeks should be sionary reputations. At ÜB, the wary about letting this show deGreek system is not a prominent pict them in a negative light to aspect ofthe social scene as a their community and the rest of whole, while at many other the country. Their actions may schools it's either "Greek or adversely affect Greeks everygeek." Many women who would where. joina sorority at one school may not want any part of it at another. MTV is notorious for editing Sometimes sororities have to be their shows to create drama where it doesn't exist to appeal to off-campus because their school administration doesn't allow viewers and that is to be fully exthem on. Others don't have a pected. But Greek systems in By Alison Brunger house, a budget, or an organized rush but persevere regardless. Some haze though it is illegal and against school policies. Taking into account all of these different factors, it is unfair to judge sorority organizations based on what you hear and see on television. I have never heard of a sorority that had a "pledge house," a main feature of "Sorority Life." The show is using gimmicks like that to keep the girls in closer proximity to make filming easier, but probably also so the network can create a fight over taking out the garbage into a half-hour long drama. The show does not illustrate the less TV-friendly but amazing friendships that can be made, and the unique spirit that each woman can bring to a The MTV Sigma sisters in yet another fight to a pledge class. "Sorority Life" would like you to think it's all fun, boys and parties, and there is no denying that it's a big draw to most girls and definitely a huge perk. But I sincerely hope that ÜB's Greek system will not be adversely affected by the attention, and negatively affect many other organizations as well. Law, Kids, School By Lillian Medina-Zelazny Going back to school as a non-traditional student who has children and a part time job may seem an impossible task. Most non-traditional students with children, for example, have to work due to extra financial responsibility: apart from having to feed and dress growing children, of course, it is necessary to pay for extra day care to allow for time at school. But putting aside economic considerations - mortgages, loan payments, child care and other expenses - the fact is that balancing children while studying also can have its advantages and disadvantages. Among the advantages is that when you return home it doesn't matter if you understood the 11th amendment, or if you made a fool of yourself trying to figure out if voluntary manslaughter makes sense. Your children basically don't care about these issues, they just love you. Often, they just want to know if you can color or play Barbie. Now, this is a dilemma. Should you work on your research and writing paper or play Barbie? I have to say that Barbie gave me lots of insights for my writing assignment regarding why somebody may dive head first without checking the depth of the water. Children give you joy, sanity and balance. It puts all of the work in perspective. Another advantage (most parents of toddlers will agree) is the free training in argument, mediation and dispute resolution. I am sure moot court is great, but my three year old is not far behind. Try to be persuasive with a toddler and you will discover great skills are necessary. Plus, 3 once you have won the persuasive argument, the mediation process is a great exercise in dispute resolution. On a personal note, my two daughters are great, they think it is kind of funny that mom has to go to school, but they are extremely supportive of me. Their love and innocent wisdom really help me to keep going that extra hour at night. The disadvantages of balancing school and children are many: disruption of family life, a crazy schedule, tiredness, and trying to keep sanity while doing the balancing act. Many colleges have recognized the special needs of overtired nontraditional students. Since 1981, the University of Wisconsin at Madison has had a student award for Out- standing UndergraduateReturning Adult. Hofstra University has created a Saturday college where adults are able to get a degreeby taking classes all day Saturday and one Sunday a month. A number of us "older" students have young children, and we are the ones who are always running around to work, to wait for the school bus, or to pick up children from day care before the surcharges kick in. Our law school experiences are different from those of you with the freedom to be in the library, join organizations or go to Thursday bar nights. At the same time, we do bring a different perspective and a wealth of experiences from which a "traditional" student can learn. Ifyou are a "traditional" student or even a non-traditional student without children try to meet one of the students with children. It may enrich your life. Besides, baby sitting by responsible adults is always welcome. �The October 23, 2002 Opinion NYSU Continued (Gannet News Service: August 20, 2002) — ALBANY — The University ofBuffalo has been offered a multimillion-dollar donation to upgrade its football program — but only if it agrees to change its name to New York State University, the potential donor says. The offer comes from B. Thomas Golisano, the Rochester billionaire running for governor this year. "Why should New York State be practically the only state without a college football team bearing its name?" Golisano asked. "This could be a rallying point for the entire state." bring the checkbook!" was my first reaction to this great deal... and depression at the 'no comment' of UB officials. will benefit from a name change, and then will be able to develop a great NYSU image and reputation from there. But the next thought was "Why focus only on football?"* Maybe someone does need to explain the By the way, some of you may be concerned about losing 'Buffalo' in NYSU, and the "Go Buffalo" cheer at sports events. Got that covered: change the school mascot from "Bulls" to "Buffalo" and all would be well. big picture, at least to Mr. Golisano: New York State University is a far superior name to UB for the entire school community, not just for the football team. Simply put, we need a school name that has natural, 'no explanations needed' national and international name recognition. NYSU has that, UB never will. The school's academic, professional, and sports communities all I did send an e-mail to the *Golisano campaign, asking if the football only emphasis in the article was inaccurate, and got a form e-mail - Thank You For Contacting The Golisano Campaign! - in response. Hayes Hall at the new NYSU? University officials refused to comment on the potential gift. ... Golisano said he would like to see the school enter the Big East Conference, where it would compete with Syracuse University, the only other school in New York that plays bigtime football, as well as other schools in the East, like Pittsburgh, Boston College, Rutgers, West Virginia and Virginia Tech University. "In the end, it would be better for them" to be in the Big East, said Golisano, who would characterize the size of the potential gift only as "several million dollars." "Yo, Tom, c'mon down and Sopranos Continued decent, hard-working and lawabiding Italian-Americans. Instead of focusing on the acts of fictitious people, more ItalianAmerican organizations should focus on the acts ofreal people. It appears that they are capable of doing that with Robert DeNiro. DeNiro, who played a young Vito Corleone in "The Godfather Part II" (Dominic Chianese was also in the film), is an honoree at a National Italian-American Foundation dinner in Washington this month. I guess ItalianAmerican outrage only applies to current portrayals of mobsters. Also, I find it ironic that the Foundation refused to allow actors, emphasis on actors, to march in parade in honor of a man who is considered by certain ethnic groups to be a mass murderer and slave trader, simply because the show they are on is considered a negative portrayal of Italian-Americans. I mean it is not like the parade is honoring an Italian saint like the St. Patrick's Day Parade does. If Italian-Americans want to be upset at somebody then they should focus on thereal While it is undoubtedly true that the bad guys—the real life Italian show perpetuates stereotypes, they are are the ones not stereotypes of all Italian-Americans, gangster. They are Italians a bad giving for only an idiot would honestly believe that name not "The Sopranos." that all Italians are actually involved in Until we no longer see Italianorganized crime and act the way the Americans among the ranks of characters in "The Sopranos" do. Inorganized crime will Italianstead they are a stereotype of Italian mobsters. People complain about the ex- Americans be able to shake the stereotypes. "So this is what you look cessive use of vulgar language. The fact like outside of class!" of the matter is that the language is an characterization of the way accurate gangsters talk around each other. If you don't believe that then I suggest you read some transcripts of FBI wire taps, particularly those concerning former Gambino boss John Gotti. Now that's vulgar. The show is a story about the lives of gangsters, the fact that they are Italian is incidental. They could just as easily be Irish, Russian, or Chinese. The reason they are Italian is because of the fact that the Italian organized crime syndicate is the most famous and most intriguing. In the end we must remember that "The Sopranos" is only a television show. It A Buffalo Sabre: "Satan" crashing the Phi Alpha Delta is not real. 4 �Early Enrollment Discount November 22nd! Jntil vABA/LSD ABA/LSD ABA/LSD - ABA/LSD BEF QRE NO 22ND AFTER NOV. 22ND Members $295 $325 Members $365 $395 Non Non Members Members includes PMBR Multistate Workbooks & 3 Free Multistate Audio Tapes/CDs for enrollment prior to November 22nd! iFVjT BEFORE NOV. 22ND AFTER NOV. 22ND -- ABA/LSD Members 4525 $595 ABA/LSD Members Non ABA/LSD Members $625 $695 Non ABA/LSD Members - PMBR Multistate Workbooks, Multistate Flashcards & 3 Free Multistate Audio Tapes/CDs for enrollment prior to November 22nd! .A ig' jf BEFORE NOV. 22ND AFTER NOV. 22ND - ABA/LSD Members 4690 $790 ABA/LSD Members Non ABA/LSD Members $790 $890 Non ABA/LSD Members < < includes PMBR Multistate Workbooks, Multistate Flashcards & all 6 Multistate Audio Tapes/CDs for enrollment prior to November 22nd! M \ SPECIALIST A Membership benefit of the .«,«.«»« Law Student Division MiJfajfaU \\tawm n UffaiWhtl NATIONWIDE TOLL FREE: (800) 523-0777 • www.pmbr.com �The October 23, 2002 Opinion their car than to hit a pedestrian. Buffalonians will take the time to tell you about all the political and social problems that occur herego ahead, I dare you to ask. And, EVERYONE has countless favorite restaurants that they will gladly recommend to you! There is a true sense of community here in Buffalo. I have herd sagas about storms that have shut down the city, forced strangers to rescue one another, and supermarkets to feed elementary school kids. People help their elderly neighbors and drive cautiously by schools during dis- . missal. And, EVERYONE will admit to at least a small soft spot for the Buffalo Bills (if you don't- you have nothing to talk about on Monday mornings from. September until January). Surviving Buffalo... By: Natalie F. Gibson Do: 1. Buy a pair of boots 2. Learn to love beer 3. Research the proper dressings for chicken wings (blue cheese, of course) 4. Learn that it's not soda it is 'pop' and that Loganberry is NOT pop 5. Know who Drew Bledsoe is 6. Hate all sports teams from Texas 7. Try some 'beef on week' 8. Call Niagara Falls boulevard, 'The Boulevard" 9. Familiarize yourself with Canadian humor, hockey lingo, and be prepared to have 20% of the change in your pocket at any given time to be Canadian 10. Forget Oscar Mayer, because it is only Sahlen's around here (served at Ted's) Don't 1. Mention the name Rob John- It has been my privilege to move here to Buffalo. Of all the places that I have lived in New York and other states this is certainly the friendliest, but quirkiest town that I have EVER been to. People around here really care about each other and WILL say hi to you even when your in a rush to get out of the grocery store. Buffalonians behind you in line will even lend you their Wegmans bonus card when you do not have yours, but really want the discounts.: Generally, everyone in Buffalo grocery stores are congenial, this stemming from a common understanding of the high premium placed on food here. In this city if people see that you are having car trouble they are more than willing to help you, will share their exorbitant amount of motor vehicle knowledge with you, and recommend you go to son the 'best auto guy in town' (aka: their cousin, the mechanic). 2. Insult the weather about local WARNING: they will also tell politics 3. Talk you everything you never wanted 4. Suggest that UB should have been placed inside the city to know about their car and about American made cars in general. 5. Travel from the north to the Southtowns, or vice versa, withMost Buffalonians will even let out packing a snack- because it is you look at all the decals, spoilAWFULLY far after all! ers, tinted windows, ground ef6. Expect to eat healthy fects, gun racks, or expensive steever reos Ask have that they have added to their anyone 7. if they been to 'the city'- there is more car. than one 'city' in the State of There is an easier feel here than New York, you know! in most cities. People walk and 8. Forget to give yourself extra talk on their cell phones like anytime when traveling because the where else, but at a slightly two seasons around here are winslower pace. But watch out because ter and construction citizens of Buffalo do not 9. Pass up an opportunity to go to use crosswalks at all (not that there are any). I guess they trust Wegmans 10. Speed in Kenmore that people would rather protect . . [Mij . The blizzard of 2001 So where does all the slack come from about this wonderful and eccentric town? Is it the fact that the only time Buffalo makes national news is either after a record-breaking snowstorm or the apprehension of suspected terrorists? Or is it because none of our sports teams can win a championship? Or maybe they are just embarrassed at their failed attempts to replicate our hot sauce. As I see it- Buffalo is a town that you have to experience for yourselfbefore making a judgment. Sure, it is easy to make fun of this place with the rest of the country. Granted, some of the criticisms are well grounded, but I think the positive attributes are over looked. People here are actually NICE! We have a small town feel, but also two professional sports teams- who may not have won their big titles (yet) but they are fun to watch, readily accessible to the community, and are the epitome of the underdog that WILL make it (someday)! And, lots of great things happen here besides snowstorms and sleeper cells, we have held the PanAmerican Exposition and the World University Games. We boast to be the hometown of amazing people like Kurt Klein and Gerta Weissmann Klein, one of the nations most'amazingly motivational holocaust suryivors; and hello- of course the Goo Goo Dolls! Above all, I have never known such loyal people as those in Buffalo! They will stand by their city and fight for it to the death. They will stand strong in the face of Buffalo-criticisms, never backing down. When you are a Buffalonian, you can always find a friend when you are away from home. Displaced natives have created enclaves (usually specified bars or pubs) around the country so that they can come together in a safe haven to eat chicken wings and reminisce about the Blizzard of '77. And no matter what happens, where you go, or what bodily harm may come to you for it- once a Bills fan ALWAYS a Bills fan! So, as we come into the sometimes- daunting winter season, don't forget that even though it gets cold as hell- your living in one of the most underrated but amazing towns in the country. Monday, October 28,3:00 p.m. Law school related. © The Opinion: "Hmm, interesting." © Michele Wallace: "Black is Beautiful, Photographic Documents 1895-1940." Screening Room, Center for the Arts. Lecture. Wallace, a CUNY Graduate School professor, is author of"Black Macho & The Myth ofthe Superwoman" and "Invisibility Blues". Wednesday, October 23, Noon. d"s The American Constitution Society for Law and Policy Lunch Day. Outside Room 106. Serving a wide variety ofhot fresh items in buffet style. Wednesday, October 23, Noon. "Voices of Difference: Stories of Immigrant Women." Friends Room, Lockwood Library. Videos at Noon. Marie Saccomando Coppola. Arts and Humanities Team. Wednesday, October 30,5:00 p.m. tjHj "Stressed Out? Don't Be." Room 106. Law School Workshop. Ways to manage your stress: topics will include time management and stress reduction techniques. Co-sponsored by the Office of Student Services and Career Services Office. Wednesday, October 23,3:00 p.m. tUij © David Kaczynski: "The Death Penalty: A Question of Justice." 102 O'Brian. Lecture by David Kaczynski, Executive Director ofNew Yorkers Against the Death Penalty. Kaczynski is also the brother ofTed Kaczynski, 'The Unabomber'. Sponsored by the Criminal Law Society, the College ofArts and Sciences, The Newman Centers of ÜB, The Committee for the Promotion of Justice, and New Yorkers Against the Death Penalty. For further information call 645-2016 or 856-6131, or visit the UB Criminal Law Society website at http://wings. bufFalo.edu/law/bclc. - Thursday, October 31,10:00 a.m. 3:00 p.m. (raj © Law School Blood Drive. Koren Center, Law School Library. The sign up sheets are up now outside the SBA office. Two people can sign up for each fifteen-minute slot. Saturday, November 2,12:30 p.m. tiiia 2002 Jaeckle Award Luncheon, UB Law Alumni Association. Hyatt Regency, Buffalo. The Jaeckle Award is the highest honor the law school and UB Law Alumni Association can bestow. This year's recipient is law school professor and University at Buffalo President William R. Greiner. Law students can attend free ofcharge depending on seating availability, and should sign up by Monday, October 28, in the Alumni Office, 312 O'Brian. Wednesday, October 23,4:00 p.m. "Dealing with the Immigration and Naturalization Service: Myths & Realities." 31 Capen. An ISSS Workshop. Presenters are Maria Rosciglione and Ellen Dussourd ofInternational Student & Scholar Services (ISSS). Wednesday, November 6,5:30 p.m. i!!!. Women in the Law. Faculty Lounge, 545 O'Brian. A forum for discussion ofthe experiences, challenges and rewards in the lives oftraditional and non-traditional women law students and their post-law school lives and careers. Sponsored by The Western New York Chapter of the Women's Bar Association ofthe State ofNew York. (Continued on p. 7) Friday, October 25,8:00 p.m. © "Good Kurds, Bad Kurds" Squeaky Wheel, 175 Elmwood, Buffalo. Documentary by Kevin McKiernan explores the history of the Kurds as well as their experiences at the hands ofthe INS. Part ofthe Alternative Visions 2002 film series presented by the Graduate Group for Marxist Studies. Among the sponsors is the law school's Baldy Center. 6 �The October 23, 2002 Opinion It's the Economy, Mr. President The largest tax revenues come from personal income taxes and corporate income taxes; neither should produce much this year. If the federal government does not help, the fiscal budgets for successive years will be adversely affected. economy. By John Rudy The stock market closed last week just over 7,500; in the past year, the Dow is down over 1,500 points. Last Tuesday, the Nasdaq hit a six-year low. Yet every market "analyst" swears that the recession is over, and the economy is on the verge of recovery. However, even the "experts" will not go so far as to suggest that any jobs will be created by the recovery. Essentially, the theory goes like this: the economy will flatten out, as it adjusts closer to its actual value, we won't lose any more money, but we won't make any either. That is, jobs will not be created, because capacity and production will not increase. But the economy will have recovered. Thus, economic recovery is meant only in so far as the bad times will be over. In order to revive the sluggish economic status, I propose to remedies to funnel money into the general First, the federal government must bail out the states. Education and social welfare programs depend on it. Although every politician runs for office touting his/her education program, it is often the first place legislatures look for extra funds. Furthermore, as the unemployment rate rises closer to double digits, social service programs, such as unemployment and food stamps, have to be maintained. Since social programs effect populations with the least political clout, they are cut or restricted at the first sign offinancial problems. The government cannot neglect the most vulnerable citizens at a time of fiscal crisis. In New York State, among many others, we are running a fiscal deficit. New York City alone finds itself over a half billion dollars short. With the economy lagging, tax revenues are sure to be far below the optimistic expectations at the beginning of the year. The Second, we must realize that tax cuts are no longer an option. The first step is to stop the ten-year tax cut already in progress. The remainder ofthe plan primarily gives tax cuts to the wealthiest 2% of the country. This is hardly a necessary measure. Moreover, the wealthiest members of the country are the ones most likely to hold onto their money. This does not stimulate a stagnant economy. The poorest citizens cannot afford to save any money, and thus spend all their earnings. (The cycle of poverty and the inability for the poor to establish equity are topics for another discussion.) We cannot afford the remainder of the tax cut, because it will force the administration to because it will force the administration to execute its primary economic objective: privatizing social security. Have we not learned the lessons of many pensions lost in the market? As it stands, social security benefits are in serious risk of irreparable damage. Social security is a cornerstone of our postwar capitalist economy. Ifpeople are forced to work into their seventies, the unemployment rate in this country will skyrocket. Gambling with America's savings account is irresponsible. Currently, the ports ofthe American west coast are closed due to a labor strike. The Justice Department indicts a new telecom company every other day. There are terrorists being found within our borders. However, the prospects of invading Iraq dominate the headlines. Is it no wonder that investors, especially foreign ones, are hesitant to trust their money in our judgment? In addition, foreign governments will only tolerate our worldwide "nation-building" so far as they depend on the success of our economy. Just ask Britain. The status of our economy dictates every facet of our political power. We may want to clean-up our own house before we take on other's problems. Opinion STAFF: Editor-in-Chief: John Haberstroh Managing Editors: Alison Brunger Natalie F. Gibson Chrissy Roth The Opinion, SUNY at Buffalo Amherst campus, 404 JohnLord O'Brien Hall, Buffalo, NY 14260, (716) 645-6387, is published in theFall and Spring semesters. The Opinion is the student newspaper of the State University of New York at Buffalo School of Law. Any reproduction of materials herein is not allowed without the express consent of the Editor-in-Chief and piece writer New submissions of articles, cartoons or advertisements are always welcome and may be submitted to the Opinion mailbox in the SBA office, or via email to the Editor-in-Chief at haberstr@yahoo.com. The staff reserves the right to edit articles for length, grammar and spelling. The Opinion will also not print any libelous or anonymous material. Students, faculty and members ofthe community are all strongly encouraged to submit letters to the editor. The Opinion in no way endorses the viewpoints of its various columnists and contributors. . Calendar (continued from p. 6) Friday, November 15.All day. (Hij Masters in Trial Program. Friday November 8. All day. Crowne Plaze Hotel, Rochester. An all-day trial demonstration in a negligence/product liability case, presented before a presiding judge and a jury, complete with witnesses, experts and courtroom v jsuai s The jury willrender a decision in the case, with deliberations televised to attendees. Law students are invited to register for the program, which includes lunch, at the discounted rate of $50. Forms are available in CSO, Room 609. Registration a"Building Politics: Law, Institutions, and Democratic Theory." Faculty Lounge, 545 O'Brian Hall. A Baldy Center workshop. Contact: James Gardner, 645-3607 or www.law.buffalo.edu/baldycenter. Monday, November 11 to Friday, November 15. (jn, Desmond Moot Court Competition. _ The American Constitution Society for Law and Policy . „, Desmond Moot Court Competition. Preliminary rounds November 11-13 in ,~»r> jc ■ c ii r\ i v ia■ L c■ /-l xt O Brian ii Hall. and Semi-finals are November 14 in the Erie County Quarter _.v j• xt /-._*_ c- it> /v ie ■ Hall. Tin Courthouse. Final Round is November 15 in *l the new Courtroom O Brian in r\<a „ , T /a l Contact: Anenne Irving, irvineaiwuyahoo.com. .. . _^^^^^^_^^^^^_^^^__^^^^^^_—. ..„.,. ,-. T .■ •• The American Constitution Society for Law and Policy J is one ,ofthe newest organizations 6 ,. TT_, ~_. ~,, at the UB LAW campus. The UB chapter is part ofthe national organization, and is among , ™ consists of students, faculty, and staff who countless chapters throughout the country. ACS ; , , , , , ° are concerned about the conservative orthodoxy that is increasingly pervading American law and politics. We firmly believe that the moral underpinnings upon which the American Constitution was founded must be translated, via the law, into a mechanism by which mdi viduals and institutions in our society can be governed in a manner that values tolerance, decency, compassion, and human dignity. If you have any questions, contact Jason Wednesday, November 13,8:00 p.m. Rudolph Giuliani. Alumni Arena. Tickets may still be available through TicketMaster, 852-5000. . .■ . . *, ' . ,™ . Cafarella, President, at Stixycarbone@aol.com. 7 ~ ... . ... ».-ij~. �nybarbri.com f*\ L. I — NATIONAL ENROLLMENT GUIDE CJ I VJ f| LJ I | V^/ C_ [ Enroll in BAR/BRI for $100 I I LJ I Xj Enroll in BAR/BRI for B _. Practice ESMVS ?nd Tru,e/Fal;e Quezon? all with model and explanatory answers (located within the First Year Review Volume following each subject) r== f BAR/BRl's Chart Supplement with flow charts and comparison charts to help enhance your studying (located at the back of the First Year Review Volume) . , „.final exam review &> M Nationally recognized • • •• $1751 I lectures designed specifically for first year exams, available in select locations. Enroll by October 31, 2002 and attend the lLjssay. Advantage FREE. If you enroll with BAR/BRI after this date, the 1L Essay Advantage is $75. This payment will not be credited towards the bar review tuition. ®° Easy to use StudySmart8 First Year Software availableexclusivelyatbarbri.com locked-in discounted BAR/BRI Bar Review *° Atuition throughout your first year; in order to keep your tuition locked-in until two years after your graduation and receive upper level benefits, you must have $175 on account by October 1, 2003 • « g ,, ®=, • • Iffl •• | • • q 2; ~«.«., D the Upper Level Review In order to receive £pj& Volume and the First Year Review Volume, an additional payment of $100 is required (this payment is fully credited toward the bar review »' Qij) f)A W F/JD / /ft A A m X vs/ A X ® (Essay Advantage for students who sign T 3 is $75 a up r after 10/31/02) .•. X. ' (*S g * PQR /ffift (SiD ' 2: (x&) iv»>»y*>-M >k w IjISCOUNT W/*WWW I « Al I X v& AND /ffis W :£ /ffis CDEC | |>L C , , _~ TUITION V/J " Ifc W *>— rl f nt/rn/V f mm Jt WtVlYfnWYflli mm .— (*) fIIIHHBBHHHIHBHBHBM mm if! (&) „.. ... AllYAhIT . .. ,_ . 0\ AGF /11/ L ****** , (JK) tuition) mm nbi/bi r C \A X ■ fffi\ mm * V y*' V © X 1/ 'C 7Y7 /-A/P/9/ / RAD/RDT /C &F/*FT\/F .TMF RAQ/RUL 11 (J*) mrniSf mflSmm *tm <2= Nationally recognized upper level final exam m w f (*£) A locked-in discounted BAR/BRI Bar Review tuition for up to two years after your graduation from law school review lectures, available in select locations (limited to five subjects per semester) ACT Ifc \&) Trusts and Wills (New York Practice will also be included at New York State law schools) TUES, NOV 12 MON., NOV. Jjs Hej BAR/BRl's Upper Level Review Volume with comprehensive outlines for Constitutional Law, Corporations, Criminal Procedure, Evidence, ®° «E¥iew AT BUFFALO | I FALL TABLE DATES I MON., OCT. 28;11;TUBS., OCT. 29* I| You will receive the following benefits by enrolling in BAR/BRI this semester: BAR/BRl'sFirst Year Review Volume with comprehensive Outlines for Civil Procedure, Constitutional Law, Contracts, Criminal Law, Personal Property, Real Property and Torts " HXrIRHS l»/A I J»r\l.W# © m. m» kit* At\.i**\\\ Ant CLASS ytARS!!! § X X X^w^^^^^^^^^^^-A^^^^-A^^^^^-^K^^^^^^^^^^^-V^^^^^^^^^^^^ (sB©©©^^ ww^^^w^w^v^wwww^^wwww All students must have at least $175 on account (fully credited toward the bar review tuition) to attend the MPRE Review, receive the MPRE Volume and access the MPRE Software at barbri.com. Graduating students who are billing the bar review tuition to a law firm with an established account, must have paid the refundable book deposit in full. m*mm^^^^^m^m^mmmmwtmm^*mmmmmi^mmm^mm^^mmm^u^^^m^^^mm^m A.19.?(102.1w BUFFALO FINAL EXAM REVIEW LECTURE SCHEDULEI CIVIL PROCEDURE Running time: 3:00 November 9 10am rm 102 Saturday, * [ CONSTITUTIONAL LAW /iL (( )X( Running time: 6:00 U Sunday, November 24 � 10am � Rm 10 ////■ * CRIM LAW !■ BAR REVIEW #In CRIM PRO y Running time: 3:20 Sunday, November 17 � 2pm � rm 10 @ I _ INTERESTS I-UTURE ~ : ~ r~rr . „Running? time: 2:00 „, „ 12 Saturday, November 16 � 10am � rm . J .f.iA n ■ Sunday, November 1 7 M I 10am � rm 10 EVIDENCE <B j I * NEW YORK PRACTICE Total running time: „ , , A 9:00 hours «. «» ~, 1-5) Saturday, November 23 � 10am �rml2 � (hrs. " Sunday, November 24 � 10am � rm -• (hrs. 6-9) 12 � "/i. A TORTS PROPERTY Running time: 6:35 Sunday, November 10 � 10am � rm 102 a � I Running time: 7:00 Saturday, November 16 � 10am � rm 10 @> Jl Running time: 3:00 Running time: 5:30 Saturday, November 23 � 10am � rm 10 NOT BE ON RESERVE IN THE LIBRARY! E| � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Opinion, 2002-10-23 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. The Opinion no. 1 23.10.2002 Date Issued Date of formal issuance (e.g., publication) of the resource. 10/23/2002 Bibliographic Citation A bibliographic reference for the resource. Recommended practice is to include sufficient bibliographic detail to identify the resource as unambiguously as possible. 41 1 Publisher An entity responsible for making the resource available University of Buffalo State University of New York at Buffalo Law School Language A language of the resource eng Type The nature or genre of the resource Newspapers Text Is Part Of A related resource in which the described resource is physically or logically included. LIB-LAW003 Rights Information about rights held in and over the resource <a href="https://rightsstatements.org/page/CNE/1.0/">COPYRIGHT NOT EVALUATED</a>. The copyright and related rights status of this Item has not been evaluated. Please refer to the organization that has made the Item available for more information. You are free to use this Item in any way that is permitted by the copyright and related rights legislation that applies to your use. This digital collection is made available for research and educational purposes. Researchers are responsible for determining copyright status, and securing permissions for use and publication of any material. Copyright for items in this collection may be held by the creators, their heirs, or assigns. Researchers are required to obtain written permission from copyright holders and the University Archives prior to reproducing or publishing materials, including images and quotations. For inquiries about reproduction requests and permissions, please contact the <a href="http://library.buffalo.edu/archives/">University Archives</a>. If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/a978ff42e9547ff14435c33772af699b.pdf 2756c0c040679b0cf19cd74848f752c1 PDF Text Text THE IMPRE S coming 'What's it like fco live a* Flint; Village? THEOPINON Be'hindfthe scenes look at thejmoot court competition. / The real deal about the lounge. / AND MUCH MUCH MQRE �Editor -in- Chief FEATURES New SBA Reps 4 $15 fee increase 5 Supervising Editor MPRE woes Meg Needham Flint Village 7 8 Lap Tops 9 Howard Cadmus Associate Editor Lisa Danish 10 Presidential address Jessup 12 Everything else Lounge Howard Cadmus Moot Court 14 16 Writers: Mary Beth Brandoni, Luke Bassis, Lisa Danish, Robert Day, John Haberstroh, Lana Huston, Joseph A. Leta, Matt Rich, Joseph Tipi, Sarah Street, Eric Usinger. EDITORIALS Remembering Ist year Elitism 20 22 GROUP POSTINGS Animal Rights Parent Law Student Association Progressive Law Society This is the 53rd volume of the OPINION and this is the first issue. The OPINION is a publication of the university at BuffaloLaw School, published monthly during the academic year. Offices are located on the fourth floor of O'Brian hall. Telephone:64s-2147. Mail can be put into box 532. The OPINION is funded by the SBA and is no way responsible for the editorial content, structure, or policy of the publication. Press run: 1,000 Submissions are welcome for the December issue of the OPINION. Just e-mail them to ezekiel27@vahoo.com �ThE RAmbLings oF an InSanE eDitOr When I was first approached by the high mucky mucks to take over as editor of a "newspaper" that has not published anything or had any active member participation for more then a year now, I was understandably reluctant. But as I got more involved that reluctance turned to hatred and scorn towards myself for ever undertaking such a daunting task, luckily those feelings have passed and have turned into a sense of serf adoration and great personal satisfaction. For those ofyou who would say "Editing is easy" or "I could do that" I say, "It is hard for me so get off my freakin back." Only joking. The real problem was in deciding what topics were important enough to be covered in the first issue, after all. The reason for this magazine is to keep everyone up to date on what is going on with the law school, from group activities and competitions, to good bars, experiences offellow students, and oh so much more. This publication has been around for 53 years and in that time has served as a way for students to voice their opinions and make themselves heard in a sea where individual views are oftentimes drowned out by the waves of pretentiousness and sucked under by the self righteousness ofthose who have come before us in a profession that metaphorically eats its own young. The OPINION is also a way to look back years from now and remember who we were and more importantly who we wanted to be. While it is true that a lot of interesting things were excluded from this issue for lack of space and lets not forget just plain old laziness on the part of our peers who seem to be too busy to write one simple little article sorry again. The point is, yes there is a new beautiful Court Room, and yes professors have been hard at work doing this and that. These things are bound to be overlooked and I am sure as we grow as a magazine and gain experience and staff, we will become not only stronger as a publication but also less likely to end up in that damn paper recycling bin on the third floor next to the mailboxes. Thanks, Howard Dunning Cadmus �(pi ;i> c'<>M'ri<e i< > ii 1 1 RIBBON CABVIF»AIGN WITTIHI A IVIATCJt-LIIVIG DONATION FROM HSBC, WE RAISED IFCMEt TTHHEL RJ£D CROSS Progressive Law Society The mission of the Progressive Law/ Society is to provide a forum where University of Buffalo Law/ Students interested in the furtherance of social justice, civic responsibility, and responsible public administrations, can explore contemporary legislative and social debates and meet to discuss issues. Seme our their nncnminu nroiects include: World AIDS DAY-December 1 OUTLAW Dinner and Celebration Spring Semester Habitat for Humanity volunteer project date TDA Community Service in the surrounding areas - - QuestionsP Call their office at 645-5081, or e-mail Ellen at ekpoch(o)acsu.buffalo.edu Any and all law students are welcome to participate! | �SBA Elections; 19 New Representatives The Student Bar Association held its elections in the beginning of the year and I am sure you are all anxious to know who your Class Directors are. LLM Program Director: Anastasia Ifandis. Third Year Representatives: Dennis Fish, Sheri Crosby, Mike Leventhal, Allison Porcella, Samuel Davis, and Danita Mendez. Second Year Representatives: Sarah Byrne, Levar Burke, Christine Fitzgerald, Susan Pack, Kiki Irving, and Howard Cadmus. First Year Representatives: Ester Eagan, Hope Jay-Homsi, Todd Lewis, Lana Houstan, Indrani Shelby, and Kareema Page. Now maybe it is just the fact that I appear on the end ofthe list for the second yearreps but I have decided not to post the margin by which each of the class directors won. 1 will tell you that voter turnout was very good. These pictures show only 13 out of the 19 SBA Representatives Sorry... sniff sniff. �Student SBA Mandatory Fees Increased By Mary Beth Brandoni In September, UB law Students voted to increase the mandatory SBA fee by $15. This increase, the first in over a decade, raises the yearly fee from $50 to $65. The SBA added this proposal to the ballot due to recent yearly deficits, which have brought about the elimination of some law school activities. The Law School SBA provides financial support for a wide range of student activities and events. Clubs and organizations supported by the SBA include: Asian American Law Student Association, Black Law Student Association, Buffalo Public Interest Law Program, Domestic Violence Task Force, Association of Trial Lawyers, Jewish Law Student Association, Jessup Moot Court, Latin American Law Student Association, Phi Alpha Delta, Criminal Law Society, and the Buffalo Moot Court. Each organization is given between $500 and $4,500 from the SBA annual budget. The SBA provides financial assistance to the Buffalo Environmental Law Journal, Buffalo Human Rights Law Review, Buffalo Women's Law Journal, In the Public Interest, and the Intellectual Property Journal. A total of $5,000 is budgeted for these publications. In addition to organizations and publications, the SBA expends over $21,000 on activities such as the Barrister's Ball, the Students of Color Dinner, Senior Week, and other social events. Moreover, SBA funds enable law students to have access to university wide events, Group Legal Services, UB medical insurance, and the UB sub-board pharmacy. According to the 2001-2002 projected budget, the SBA required a minimum of $72,500 in student fee revenue to maintain its activities. However, the $50 per student mandatory fee only raised $71,000 in revenue. By raising the mandatory fee to $65 per student, the SBA will realize an additional $10,400 by the Spring 2002 semester. The projected $10,400 fee surplus will benefit the SBA and all law students in several ways. The Criminal Law Society will have $750 of its funds restored, after being cut last year. Additionally, several new clubs have been proposed, including: Jiu Jitsu Student Club, Republican Club, Parent's Association, Prison Task Force, and the Sports and Entertainment Law Society. Each new club will be given a base budget of $250. Secondly, the SBA has Allocated $2,000 of the surplus to hire a part-time financial director. Ms. Diane Forrest, a retired Administrative Assistant from ÜB's Comparative Literature Department, has been chosen to fill this new position. Her presence will enable the SBA to more effectively manage their funds and will provide continuity in an organization whose members can offer no more than three-year commitments. Finally, and to some of us most importantly, the SBA has provided money for to be published. Thanks to all of you who voted yes! Opinion the The vote was YES: 186 N0:66 �!• LAST CHANCE TO LOCK-IN THIS SEMESTER'S /-7 /k / DISCOUNT! ■ // &±M • LAST CHANCE TO RECEIVE OUTLINES FOR FINAL • RECEIVE INFORMATION ABOUTTHE MARCH 9 MPRE (JANUARY 29TH DEADLINE) THE LAST TABLE DATES AT BUFFALO: fclijLj Thurs., Nov. 1; Thurs., Nov. 8 & Thurs., Nov. 15 BAR BRI (800)472-8899 nybarbri.com HkHB^BSI^^ JP P^w^^ �New York Makes It Tougher To Pass MPRE By Joseph Tripi As many of you already know, the New York State Court of Appeals has authorized the New York State Board of Law Examiners to raise the passing score for the Multistate Professional Responsibility Exam (MPRE). Presently, a 72 is required to pass the MPRE. However, after the upcoming November 9 exam, a scaled score of 85 will be required to pass the exam. Students who have already taken and passed the MPRE will not be affected by this change. Increasing the passing score to 85 will bring New York in line with many other jurisdictions that already require an 85. There are some states that only require law students to receive a "C" or better in their law school Professional Responsibility C\ass, but we are not that lucky. Rumor has it that eight to ten hours of review is more than enough preparation to pass the MPRE. Bar Bri is running its final MPRE review class Sunday November 4' , and the class should run slightly over four hours. Add another four or five hours of review and that should be plenty of studying to pass the MPRE (if not I'm in trouble). . The final MPRE exam that will reflect a passing score of 72 will be given on Friday November 9 Most of the 2Ls and any 3Ls who haven't already taken the exam will be taking it on this date. Many of your peers will be sweating it out on that Friday afternoon as they attempt to solve the 50 multiple choice questions that will determine if they are ethical enough to practice law in New York State (as if a test could measure ethics). Some of the test centers that UB law students have been "stuck" with include Canisius, b'Youville, the Sheraton in Syracuse, and Albany. Is anything missing? It seems to me that it would be a good idea to have UB as an MPRE test center since it is the only Law School in Western New York. I'm not going to pretend that I have done much research as to why UB is not an MPRE test center, but wouldn't it be more convenient to stay in town and take the exam at UB? Unlucky students who were not fortunate enough to get their first choice test-centers will be able to take a nice ride to Syracuse or Albany on Thursday night or Friday morning. I'm sure they are looking forward to that. Maybe having the discipline to make it to the test center come rain, sleet, or snow is part of the test, but it only adds to the aggravation of having to take the damn test in the first place. th Oh well, good luck to everyone taking the November 9 exam. As for the lLs and other students not taking the November 9 exam, have fun going for the 85 you'll need to prove you are ethical enough to be a lawyer in New York State. �Flint Village Apartments by Lana Huston More first year law students are living on campus than ever before. This is due to the newly erected Flint Village Apartments. Construction ofthe apartments was just finished in August 2001 with a total of sixty-four one-bedroom units, 108 two-bedroom units, and 256 four-bedroom units. Two buildings ofthis complex are set aside specifically for law students. Flint Village is set in a very convenient location for law students, as it is only a short walk to O'Brian Hall. While others are arriving early in the morning to avoid the hunt for parking spaces that are almost impossible to obtain, law students living in Flint Village are justrolling out of bed since they live as close as the "best parking space." This provides for a much more relaxed feeling in law students; a feeling very much desired in their situation. Another hard thing to attain as a law student is extra cash. At a price of$555 a month for a one-bedroom unit and $490 a month per person for a two bedroom-unit, Flint Village apartments are very reasonable for what they offer. The apartments are very spacious, and include many appliances and other added extras. Each unit has a refrigerator/freezer, dishwasher, microwave, and garbage disposal in the kitchen. The living rooms and bedrooms are fully furnished, and utilities (cable TV, Ethernet jacks, phone service, & central air-conditioning) are included. An additional benefit ofliving in Flint Village is the opportunity to reserve the community room. The community room is located in the main building ofFlint Village and is outfitted with a pool table, a fully-equipped kitchen, and a big screen TV. It can be utilized by any resident ofthe village. This room can bereserved for organizational meetings, which are abundant among the law students, or it can just be a place to unwind after a long day's work. Study rooms and lounges are also available in each building of the complex. These rooms are very conducive to studying individually or for meeting with fellow law students. These quiet areas allow law students a place to focus on their work at any time, and can be very beneficial after library hours and close to final exams. Flint Village also groups law students together in a way that can be of great assistance. Whether they just have one question or they want to form a study group, this type of living arrangement allows law students to help others as well as benefit from their support. It also gives law students a sense ofcommunity. They can have a "dorm-like" experience mixed with an independent living style that serves as a good transition from college to the "real world." The only prominent complaints from Flint Village residents relate to the fire-alarm sensitivity and "locked" thermostats. There have been many fire alarms that have gone off because of showers or minor cooking mishaps, but this situation is being looked into and will, hopefully, soon be under control. As for the thermostats, they are set at a default temperature, which can be overridden, but only for four hours. Therefore, mornings can be quite cool at Flint Village. However, this is a small price to pay for the many benefits ofthese apartments. Flint Village gives law students a new alternative in their housing options. These apartments have led to an increase of first year law students living on-campus, and even second and third -year law students have decided to come back from off-campus living to live at Flint Village. The general consensus ofthe law students living at these apartments is that they are very satisfied with them and are planning on living at Flint Village for the remainder oftheir law school years. �INSIDE THE LAW SCHOOL Laptops in the Classroom If only our professors could see what really goes on during class. On our laptop screens, that is. More than just a few games of Solitaire, Minesweeper, and even "Who Wants to be a Millionaire?" have been played during classes that I've attended. 0.X., I confess, during the one semester last year that I actually brought my laptop to class, I proudly displayed my wedding pictures on one occasion. Oh, and then there was that time I did a computer-art rendering of the USS Greenville submarine/fishing trawler incident using the draw feature in Word. But these minor infractions occurred during a lull in Ethics, and during a boring stretch in Contracts. I guess that doesn'treally narrow it down much. Are laptops more of a distraction than they're worth? Perhaps, although primarily to those who don't use them. Maybe it's a bit of envy (oftechnology, oftyping speed, of artistic ability), or maybe there is some actual annoyance going on here (all that clicking, beeping, and the trademarked sound ofthe Windows operating system starting up). In any case, the presence of laptops in the classroom seems to be increasing. My own informal estimate is that anywhere from 20 to 30 percent of students currently use them in class. Tbre are definitely advantages to taking nces on a computer. For one, it greatly failitates the sharing of notes and oulines. E-mailing class notes to fellow stidents takes considerably less time, efort, and cost than borrowing, pbtocopying, and returning handwritten nces. And everyone can type legibly! Plase note, however, the distinction beween legible and intelligible. There ar some very nice-looking notes (fancy foits, bullets, highlighting and stuff) that ccitain errors and misstatements. The daiger is in relying on something that loks professional, but that was, in fact, crated by a student who may not know orunderstand the material any more thin you do. I guess I've become accustomed to seeing laptops in the classroom in the same way that I've gotten used to seeing people walking around and talking on cellular phones. Who knows? Our grandchildren may someday marvel that we ever had to actually attend class at all, as they log into their virtual classrooms from home. (If you're naughty, how do you sit in the corner in a virtual classroom?) ©Robert Day, 2001 (rday@acsu.buffalo.edu) This article was not written during any class taught at UB Law School. Aless well-known advantage oflaptops deinitely worth considering is the ability ofthe user to hide behind the screen, as a set of"Socratic shield," if you will. Lptops, I've been told, don't work narly as well as a "coffee shield," hwever. I have Con Law notes from last yar that are wavy and yellowish-brown aid still smell like Starbuck's Gatemalan Antigua with a hint of hdf-and-half; it made the Commerce Cause really come alive for me. T> me, the biggest disadvantage of using aaptop computer in class is that I prsonally don't have to think much in oder to type. I have learned that I can efectively disengage my brain, while tping whatever the instructor happens tesay. By contrast, I have found that I atually learn and remember more if I hve to write everything down by hand. Ad don't underestimate the value of dodling in the margins. My drawing of \rs. Palsgraf taught me everything I neded to know about proximate cause, aid then some. There are some things tbt you simply can't do with a omputer. DO YOULOVE ANIMALS? If you are a student interesed in joining the animal rights movement have i got a group for you! Any student who wants to help develope a forum for the discussion and promotion of animal rights(not neccessarily law school related), please send an e-mail to Mary Beth at meb4@acsu.buffalo.edu �Presidential Address £y U4u. £*4*U As president of the Student Bar Association at UB Law, I am honored to have the privilege of writing this letter to the students on behalf of the Opinion. First, would like to welcome the Opinion back to publication. The Opinion has a long history at ÜB, and it is nice to see it back in publication, primarily through the efforts of Howard Cadmus. Hats off to you brother, and much luck with the magazine. I This year has seen the creation of the Student Bar Association website, www.ubsba.com, and a massive revamping and simplification of the financial system. Both efforts were due primarily to the hard work of Eric Usinger, the SBA treasurer. Our goal is to integrate the Web Site into the daily viewing of each UB Law Student. It has become a mandatory step in scheduling events. It also has sections for students looking to sell or buy books,, an apartment finder, a forum for student feedback, a job bank where students can write about their summer experiences and read about others, some course outlines, and numerous links to other Law School resources that students will find useful. I This year has already been significant, as sit here in October reflecting on what has transpired since school began. The events that transpired on September 11 have changed our lives forever. Terrorism in its most evil manifestation reached our shores, our lives, and a city I have always called home. The buildings that crumbled took the lives of two friends of mine. Christina Ryook and Aaron Horwitz much love folks, a day will never pass that won't think of you and appreciate the effect you had on my live. See you at the crossroads. I - The terrorist attack brought out a true sense of community among the Law School community. The SBA quickly mobilized to organize a blood drive while selling ribbons and collecting money for the Red Cross. For those of you that were listening, that definitely Eric Usinger and I, who were interviewed from the site of the Red Cross on 103.3. We let all of Buffalo know that UB Law cares and that we are doing what we can to help. I am proud of the dedication and love that my fellow classmates showed in making our efforts a success. Along the same lines, the Jewish Law Student organization organized a tremendously successful Bar Night at Iberia with profits also going to charity to help the victims of the World Trade Center. �Also of significance this month was the passing of a small increase in the Student Activity Fee. This is the fee that makes the SBA function. It is the money that is used to finance all Student Activities and Clubs, Law Reviews and Journals, and Moot Court Competitions. The fee had not been raised in almost 10 years, and the SBA was experiencing a serious tightening of funds. While we have had increased costs, debts, and more organizations, our money has remained the same making more groups fight for less money. It was an ugly situation, and we felt it was time to remedy it. Thank you, classmates, for helping to pass the increase. You will definitely see the difference that small amount of money has made. In addition to the extra money received from the increase in the student fee, the Administrations has agreed to match the increase giving the SBA more leverage than it has ever had to serve the student body. Already on the agenda is the creation of 5 new clubs, spearheaded by mostly first year students, along with funding to the groups that suffered unfair cuts. The rest of the year will prove to be exciting for us all, and I hope you keep us informed as to your needs as students here. Congratulations to the newly elected class directors, please voice your concerns to them, it's their job! The directors: Hope Jay-Homsi, Esther Eagan, Todd Lewis, Lana Huston, Indrani Shelby, Karema Page, Sarah Byrne, LeVar Burke, Christine Fitzgerald, Susan Pack, Kiki Irving, Howard Cadmus, Dennis Fish, Sheri Crosby, Sam Davis, Mike Leventhal, Allison Porcella, and Danita Mendez. The picture of Mr.T will mm fill in for the picture of Luke since i did not get the photo of him that i asked for. �Jessup Board Selects New Members, Regionals and Niagara Cup Teams By Lisa Danish The Jessup International Moot Court Board conducted its intramural competition for second- and third-year students Oct. 2-3 in the Koren Center Rooms of the Law Library. The competition's oral advocacy problem considered the disagreement between two fictitious countries, Septen and Meridian, arising from a revolution in Meridian, a former Septenese colony, and the forced migration of thousands of Meridianese to Septen. Competitors participated in two rounds and were judgedby student members ofthe Jessup International Moot Court Board, headed by President Paige Junker. The purpose of the intramural competition is to select two teams of five members to separately participate in the Spring 2002Regional competition and Niagara Cup competition. The Regional Jessup International Moot Court Competition, held in February, is a qualifying competition for the annual International Competition, which will be conducted next March in Washington, D.C. The Niagara Cup Competition is a self-contained annual competition dealing generally with international law and trade, and will be hosted by a Canadian law school next spring. All team members must contribute to the research and writing of a legal brief or memorial for their respective competitions. Students selected for the Regional Team were: Yolanda Asamoah-Wade, Lisa Danish, Lee Terry and Steve Wells, with Dimitri Verenyov as the alternate member. Niagara Cup Team Members are: Frank Callochia, Megan Molak, Matthew Rich and Dawn Rooth, with alternate Elizabeth Barcena. Additionally, Barcena, Molak, Rooth, Terry and Wells became new associate members of the Jessup Board. While next year's problem for the Niagara Cup competition is yet unknown, the problem for the Regional Competition has been released on the Jessup International Moot Court Competition website (http://www.ilsa.org/). Last year, the team that participated in the regional competition advanced to the international competition. Its members included third-year students Junker, Asamoah-Wade, Nicole Lee and Paul BrodnickL Lee and Brodnicki will coach this year's team."This year we had a great intramural competition - the competitors did a fantastic job," said Brodnicki. "It made our decision to select a team very difficult." This year's Regional Team members have already begun researching for the competition next spring, which involves issues of international law relating to terrorism and extradition, as well as expressive rights and the Internet. Danish and Wells, both 2Ls, will argue for the petitioner; Asamoah-Wade and Terry, both 3Ls, will argue for the respondent. Members of the Class of2004 will have the opportunity to participate in a competition next spring to select a five-member team for the Fasken, Martineau, DuMoulin First-Year International Law Moot Court Competition. Unlike the external competitions for upperclassmen, participants in the first-year competitions are judged entirely on their oral advocacy skills, and are not required to write a legal brief. THE UB LAW COURTROOM �A Little Something for Everyone By Sarah Street I am sure that there are some motivated law students who seek movies that stimulate them academically, make them think; make them question the world around them. Then there are those of us who get enough of those kind of people in our classes and just want to take a break with a cheesy teen flick that doesn't make us think at all. Summer Catch, with the ultimate teen superstars Freddie Prinze, Jr. and Jessica Biel is an excellent choice. Summer Catch focuses on a rising young pitcher looking for his big break who falls in love with a wealthy local girl but who cares about that? There is lots of drama: Will Ryan be able to control his temper (and his pitching) in front of the big league scouts? Will his father and brother rise above their jealousy and lend their support? Will his girlfriend's father accept him for who he is, even though he is their lawnboy? The issues never end. Fortunately there are good-looking people to focus on instead. I particularly appreciated Summer Catch for its sense of equity: Freddie runs around in a thong (his girlfriend's underwear) and Jessica (no longer the minister's daughter) wears a bikini in slo-mo. (For those interested, Matthew Li I lard [the goofy guy from Scream] also has a scene with a thong). The dialogue is highly entertaining as well. If you are looking for a relaxing, ridiculous movie with lines like "You mowed her lawn and now you're going to MOW HER LAWN" then check this out. Or you can just wait until the next cheesy teen movie comes out. I would suggest going to the Elmwood Supersaver on Tuesdays movies are only a dollar and they seem to specialize in the teen dramas we all love. I'm working on a law student discount. - - - - Class Gift Of 2002 The Class of 2002 will be raising money for this year's class gift starting next February. A committee ofthird year law students will be raising the money for the gift through donations by fellow students. The actual gift or gifts that the Class will donate to the law school will be decided amongst the committee, other class members, and the law school administration. The goal ofthe Class Gift for 2002 is to provide something valuable to the law school as well as preserve the memories ofthis class. The class gift to the law school is now in its second year with the Class of 2001 starting the process. Last year 's class was extremely successful in raising money, leading to the purchase of a bench in the new moot court room and travel scholarships for public interest interviews. The Class of 2002 plans on repeating the success ofthe Class of 2001 and hopes to establish a new benchmark in raising money for the class gift. �LOUNGING AROUND By John Haberstroh You probably got the letter in August from Dean Nils Olsen about the law school's "exciting changes your tuition dollars at work." And, even if you didn't read past the tuition increase notice, you couldn't miss the full-color computerized rendering of the exciting new recreation center, with its pool tables and institutional amenities. "It's going to be huge," this rec center, bigger than basement classrooms 10 and 12 combined, according to a perhaps poorly informed confidential source. Dean Olsen vigorously questioned the size estimate, though he would not flatly contradict it, quibbling principally over the word "huge". Nevertheless, law students hold your horses, said the Dean, and read the fine print. It's a 'proposed' rec center, the rendering is prospective, and there are no blue prints. Yes, the plan is to complete the recreation center by the end of the academic year, but "it depends," according to the Dean. "You never know until you start exactly how long the process will take." First the law school needs to get university approval for hiring an architect, who would really take a look at what it takes to build the rec center. There may be hidden or unknown costs and safety concerns. Then UB and the state have to approve the actual project. Money constraints could enter in, though those tuition increases provide independent funds for the project. There are also competing priorities, the Dean said, and the rec center is about third on the immediate 'to do' list. A nearly completed additional classroom in the basement, for example, is a little higher priority. And electrically wiring existing classrooms, especially the larger ones, is a more urgent need. Then comes the rec center, next in line but definitely in the mix. About three years ago, law school heavyweights thought up renovations that would create the rec center, the now finished courtroom, and several new classrooms. Prior to those proposals, for 35 years little had been done with the school's physical plant, Dean Olsen said. However, with funds available from "modest" tuition increases (our tuition "remaining dramatically below that charged by other law schools in New York State," of course), and from the state and supportive alumni, the renovations are taking place as planned. With that track record, bet on a roughly on-schedule rec center. As for how it will be outfitted, and rules (if any) for the rec center's use, these haven't been decided, and will depend on Student Bar Association input, according to the Dean. It is conceivable, for example, that an active movement for ping-pong rather than pool tables might be able to alter the rec center's final design. The Dean commented that video game machines are even conceivable, nice quiet �ones at least, SBA agrees. if the What the life and "culture" of the rec center will be like is still up in the air, awaiting the center's more definite realization. But when that happens, many of the rules for its use will be established by the SBA, not by the law school. It will be the students' space, Dean Olsen said, and students have shown through their use of the first floor lounge that they are capable of using school facilities wisely. But there may be limits. For example, boozing in the rec room will not likely be allowed, despite the following 'more ambiguous than it really is' quote from the Dean: "We'd want to have some control over alcoholic beverages; not to throw a wild party with lots of alcohol. You'd want to know about it. But I don't want to see a headline, 'Dean comes out against student drinking!'" The reality is that alcohol is generally a no-no on the UB campus, and in remarks immediately prior to the above the Dean made clear his uncertainty regarding ... the precise promoted by the Law School administration university-wide alcohol rules, and commented and other student organizations, and in the event of a sick child or family emergency. that this reporter's questions were silly, irrelevant, and/or premature. Nevertheless, the questioning continued, and the Dean was asked whether sleeping might be an okay rec center activity. "Sleeping?" he responded, "No overnights if that's what you mean. But naps, maybe. What, next are you going to ask me about sex?" THERE IS A NEW GROUP IN THE LAW SCHOOL THE PARENT LAWSTUDENT ASSOCIATION Their primary goals are: General advocacy for greater awareness of the issues facing parent law students by fostering a family friendly environment. Our goal is to increase available options related to childcare issues in the classroom setting, at events sponsored or ■ To foster connections between parent law students and practicing attorneys. We will sponsor forums and coordinate speaking events to assist us in negotiating the nuances associated with interviews, internships and job placement focusing on our dual role. To promote connections between parent law students and practicing attorneys with children, to provide mentoring and support. To provide a network of support between fellow law students in this uniquely challenging position. To sponsor child-friendly events as well as adult events to promote a sense of community. If you are interested in joining, helping out, or simply finding out more, contact Hope Jay Homsi at hjhomsi@acsu.buffalo.edu �Fun and Games in the Desmond Moot Court Competition by Matt Rich 'Growing up in Hamburg, you're used to adversity. So sayeth Pat Farrell, my partner in the 2001 Desmond Moot Court Competition. He also said, "you know Matty, if you would have said that we could have quit on Monday night (after the first round), that would have been just fine with me." I guess then it's a good thing that we didn't. It was also a good thing that Pat's übringing on the "mean" streets ofHamburg, New York, taught him to keep plugging when things became a little difficult. What follows is our strange odyssey from a first round whipping to the finals ofDesmond. About three weeks ago, Pat and I decided that we would enter this year's competition. I had a bit of moot court experience from last year, but Pat didn't have any outside of the oral arguments held in his Research and Writing class. To be honest, I didn't really go in to the competition with the goal of winning. I didn't imagine that we had much of a chance. It just seemed like a good opportunity for a little resume improvement and a chance for Pat to break out those fantastic oral argument skills imparted on him by Professor McGarvie last year. We wrote our brief in support of the position of the respondents in the case, the American Civil Liberties Union. I will not bore you with the fine details of the case, but to put it succinctly we were arguing against a law that criminalized certain sexual materials on the Web that might be harmful to minors. Put another way, "we're for porn," as Pat put it. The format of the competition was that we would have to argue twice for out position in the brief, and once for the opposite side - a total of three rounds of argument. However, due to the uneven number of teams in the competition and some below average luck, we had to argue a fourth time - and argue "off brief " to boot. So, we started out on a Monday night against a pair of third year guys who really argued like they knew what they were doing. Pat was pretty nervous when his turn came, and was a little choppy to start. However, in my opinion he settled in quite nicely - despite the fact that the judges (rather unfairly) compounded three separate questions on him at one point and basically gave him the third degree. My turn came, and I did pretty well I thought. The judges tried to rattle me too, but I'm pretty good at asking questions so I held my own. �To make a long story short, we "lost" the first round. I'm not completely sure how the scores are calculated, but it was fair to say that the other team did better. I knew we were still OK because we had two more rounds to go, but Pat was a little down on himself. Like I said, I thought he did just fine. However, he thought that he'd somehow "blown it" for us or something like that. True, he'd made a few rookie mistakes - like using a pile of index cards to organize his arguments and being a little too fidgety at the podium - but again, I thought he did fine. It's a lot harder than it looks. There are so many little things to remember when you're giving an oral argument. Besides the fact that you have to remember your argument and how it is organized, you have to remember a whole bunch of little things such as how to properly address judges, what to do with your hands while you argue, the correct pace and volume of your speech, and to avoid using "uh" a lot (a particular problem of mine). I know these thingsare tough for me, and I had experience in moot court competition. I can only imagine how tough they were for Pat, being that this was his first time in competition. On Tuesday, we were scheduled to argue twice - once "on brief," and once off. Just to illustrate how differently Pat and I were approaching this, he'd spent hours the previous night preparing his argument for the petitioners while I took about 30 minutes on Tuesday afternoon to slap together mine. I'm not saying that one way of preparing was better than the other, it's just that different people approach the pressure of it in different ways. I did, however, get Pat to take my advice on a few things. He ditched the note cards in favor of a four-page outline (two pages too long, I told him, but sometimes you have to pick your battles). I told him to stand steadier at the podium, and most of all, I tried to get him to relax by joking with him before the rounds began. I also took his pen away, so that he couldn't fiddle with his outline any more once the round started (a move we came to depend on as our little good luck charm). So, like any true hard core member of Hamburg's Most Wanted would have, Pat handled his business in both rounds on Tuesday. I could tell that he was growing more and more confident as he got further into each argument. Like I told him, the problem was not that he didn't know his argument, it was just that he didn't completely believe that he knew it. Tuesday night he discovered otherwise. As a result, all I had to do was not screw up. Luckily I didn't, and we "won" both rounds (though I thought it was close both times). We didn't get to eat dinner that night until about 11:00 p.m. As we were eating, the subject of whether or not we would make the quarterfinals came up. I had a feeling that we were going to, because I had thought we did very well that night. Pat asked, "wouldn't it be cool if we got to put on our resumes that we were Desmond quarterfinalists?" I got a chuckle out of that one. Pat grudgingly admitted that he was glad we hadn't quit. I had to agree. On Wednesday, we had to again argue "off brief at 6:30 p.m. Again, we did well and "won." Wednesday was a very long day for me. I had three classes, the last ofwhich was downtown at the Erie County Courthouse. So I had to hustle to get back in time for our round. All I had gotten the chance to eat was a bagel, and I was operating on far too little �sleep, trying to keep up with my regular work during the competition. I know it was the same way for Pat. Believe me when I say that there is no one in this law school who puts in more hours at the library than he does. So, hungry, tired, and cranky, I went over to Jack'sPlace on Millersport where the quarterfinal pairings were going to be announced. Pat was only there for a few minutes, and had to leave before the pairings were announced. Our team was the second one called. I promptly finished my beer and left. We'd made the quarterfinals and tomorrow was going to be another long day. As you might remember, last Thursday was absolutely miserable. It was cold and rainy and windy. The quarterfinals were supposed to begin at 6:00, downtown at the courthouse. Since my apartment was on the way, I told Pat to pick me up around 5:00, because we had to be there by 5:30. He never made it, because the 290 was an absolute mess that afternoon. I left a note on my door, and made off for downtown without him at about 5:25. Let me tell you, I was going just a tad over the speed limit on the 33.1 didn't want to blow it because we didn't show up on time. Well, lots of people were late due to the problems with the roads and the weather, so it all worked out. Pat even got my note. In the quarterfinals, we got to be the respondents again. Pat again stood tall, even in the face of some tough questioning by Professor Finley (she was one of the advisors when the problem was put together before the competition, so she knew the case in and out). I too felt that I had a strong round, and we won another close one. On we went to the semi-finals. We were rushed to another courtroom, told that we were going to have to switch over to the petitioners' side, and given about five minutes to compose ourselves. This meant we had to argue first. We went, and Pat was even better than the last round, despite some landmines that Professor Albert tried to set for him with his questions. I got in all the points in needed to make during my half ofthe argument. Once again it was very close, but we "won" again. Pat put it best by doing his best Van Miller impression: "In dramatic fashion, Matty and Ferris have advanced the finals! It's pandemonium here at Rich Stadium!" I guess were both so overtired that we found this funny. We lost the coin flip, so we were going to have to argue as the petitioners for the final round. To be honest, by this point it didn't really matter because we knew both sides equally as well. We'd argued six times in four days, and there was only one more to go. Our opponents in the finals were Lisa Danish and Julie Atti, both former teammates of mine from last year's Fasken Moot Court Competition. They both had experience and skill, so I considered us to be the underdogs. Pat and I had a chance beforehand to talk over the round, albeit while we were at the gym. We both agreed that our best bet was to stick with our previous strategy - to just do our best and let the chips fall where they may, and for me to take Pat's pen away from him before the round. Once again we went first. Pat was outstanding but for one small mistake. Judge Fuentes, a judge from the Court of Appeals for the Third Circuit, asked him a question directly about my half of the argument. Pat had to defer the question to me, as he didn't know the �answer. Not that I blame him, if I were in his position I would have done the same. Honestly, it was a little unfair for Judge Fuentes to have done that. Not that it was against the rules or anything, but he knew how the issues were divided. It was an attempt to trip Pat up, and it worked. No similar question was asked of our opponents. My turn came, and I gave what I considered to be an average -to- OK performance. I answered the questions asked of me, and sat down. Julie and Lisa went, and both delivered mistake-free performances, as I expected they would. I stood up for my rebuttal, and Judge Fuentes asked me how I would reconcile the fact that some Amish communities might be offended by materials online that more liberal communities would have been comfortable with. I replied that Amish communities weren't that likely to be big Web surfers. It was good for a laugh, and it served to defuse a bit of the tension. When the decision was announced, I was not surprised that Julie and Lisa were named the winners. They certainly deserved it. I was not disappointed one bit. Rather, I was very proud that our team had made it all the way to the finals, and particularly proud that Pat had done so well and improved so much. After the judges departed, Dean Saran came over to congratulate us. Professor Kannar, a favorite of Pat's and mine, also spent a good amount of time talking over the case with us. We appreciated both of them taking the time. So, that's the story. I don't think anyone, much less ourselves, expected us to make it so far. Our congratulations to the winners, Lisa Danish and Julie Atti, and our thanks to the judges, especially those faculty members who helped out. All in all, it was a great experience, although a bit stressful and time-consuming. As Pat so eloquently put it, "Matty, we were pretty hard." Again, I'd have to agree. The Faculty and Board of Managers of UU THE OPINION certify to all that MATTHEW J. RICH AND PATRICK B. FARRELL Are the best representatives ofregular guys everywhere and are hereby admitted the rights and privileges belonging to that achievement given under the Opinion Board seal. YOU GUYS ARE HARD! 10-31-01 Hev+UM^ �The Trials and Tribulations of a Former First Year Or: How I Learned to Stop Worrying and Love Law School Joseph A. Leta The purpose of this article is to give the first years a heads up where I myself was lacking. These are a few of the lessons that I have learned that would have made my life and a few others a helluva lot easier a year ago. If my memory serves me correctly this is right about the time when most first years, including myself are/were asking themselves, if law school was really the right choice. (There can always be a future in comparative religion or linguistics.) Gigantic reading assignments and in depth class discussions, where words like germane and gerrymander get tossed around like a Koosh® ball, boggle the mind. Abstract legal terms and archaic Latin phrases are thrown in and out of conversation as ifthey were common gutter slang. People trying to show off their brilliance in class dominate discussions about tangential issues, while we are trying to keep track of this sordid discussion for some mysterious, mythical exam. Well I want all of you to go to your windows and shout at the top of your lungs, "I'm mad as hell and I'm not going to take it anymore!" (For those of you who don't know I'm quoting Network, it's a good movie, rent it.) The truth is, law school is pretty easy. Now I'm sure not all of my classmates will agree with me on this issue, especially after Mensch's monster Torts exam, but it's really not that bad, as long as you have common sense. First off, law students like to show off by using terms of art; it shows that they know what's going on. For example, you might have heard first years referred to as ll's and so forth. To law students this is perfectly normal jargon, but to the public at large it sounds like an elitist brotherhood. Res Ipsa...whatever. Law students like to use all kinds of words of art, so be prepared; you can either memorize your law dictionary or do like I do and just nod your head when they ramble on, eventually they'll stop. Some don't. Secondly, as you probably notice there are some people that just ramble on in class and have no idea that they are bothering the rest of the class with tangential garbage and what ifs. None of us knew what was going to be tested and these people bring in obscure facts about social justice and deoxyribonucleicwhatever that only they care about. Don't get me wrong-I'm not saying don't talk in class. I couldn't be more against that idea; in fact I talk a lot in class (maybe too much). The key is that there is a fine line between asking questions that you think may matter and adding important things to class discussion versus showing off for a professor who will never remember your name in a year. Good advise to follow, unless you think it's really important or something you really don't understand, SHUT UP!! I feel that the last couple of issues that need to be addressed are the exams. There are legends that have been circulating for years about monolithic exams bringing law students to their knees. I've taken a bunch now and they're pretty easy. The biggest problem is the giant cramp in your hand after 5 hours of writing. I know it sounds harsh �but I hear they're nothing compared to the BAR (sounds ofmenacing music in background). There are a couple ofkeys to passing (and getting a good grade) on your first year exams. People ask me all the time, "do you really have to do all the reading?" and I answer yes and no. Ifyou want to be prepared for class and go in with a little better knowledge on the exam, then do all your reading. If not, don't read. All you really need to pass the exams are the outlines and going to class helps. Now I really wouldn't suggest not reading, but the outlines really do make things a lot easier. You make the choice. Outlines are the magic of law school, they turn 8,000 pages of legal crap into a handy, little user-friendly format. Outlines are the Spanish fly of the second and third years to coerce naive first years, who want to pass, into bed. By sleeping your way through the second and third year class you can get a wide variety of outlines covering every reading, footnote and cough that a professor made in class. If you feel like being Eva Peron the keys to the law school kingdom are yours. Therefore, you may ask yourself, how else can I pass without whoring myself out? Well that's a good question; there are a few options. You can pass the old fashion way by spending hours in the library cross referencing law review articles and making your very own outline. You may find a benevolent second or third year that is willing to give away their outlines for free... wait I'm sorry that's really not an option. Finally, you can do it the way I did it, have your friends sleep around and get the outlines from them. It's quick, it's easy and you don't have to make a trip to the doctor when you done. Finally the issue of late grades. You take a five hour-long exam, writing the whole time and you don't get your grade until 3 months later. These three months are spent by your poor professor trying to decode the chicken scratch that gets exponentially worse throughout the exam. Some may say that it's their fault for being masochistic in the first place and giving such a long exam, but that's for another article. For the first year whose future depends on these very significant grades these three months can be nerve racking. Therefore, I will offer a few suggestions to ease the tension. I find a little Johnny Walker Black on the rocks works justright to ease scholastic tension. If you're more of a gin person try Tanqueray 10, either on the rocks with an olive or in the Gimlet format both work well with this fine gin. If vodka is your bag, there is no other way to go than the French gold, Grey Goose. Grey Goose also goes well over the rocks or in the Gibson format with some cocktail onions. If all else fails, Long Island Ice Teas have your name all over it. Within no time you will forget your grades and be in your happy place. With that said, I wish all of you luck and if you need any outlines, look me up. �BAR REVIEW In a mission to discover knew places for UB Law students to venture to, Elana Tsougranis (3L) and Seth Weinstein (2L) have put together a review of some ofBuffalo's finer watering holes. J.P. Bullfeathers (886-1010), located at 1010Elmwood Avenue in Buffalo is classier than the typical college bars on the Elmwood strip but casual enough for a get together with lots offriends. Bullfeathers is open everyday from 11:00 am to 4:00 am and food is served until 2:00 am. Drink specials include 2 for 1 draft and well drinks from 3-7 and varying specials after 11. Each bartender also has his or her own special concoction. Bullfeathers menu is pleasantly extensive and reasonably priced. We suggest the French Onion Soup and Chicken Bella Donna for a filling dinner. The weekends are when J.P. Bullfeathers really shines. On Friday and Saturday night, one can order from a large and mouthwatering Prix Frixe dinner menu that includes a selection of three courses for $19.00. Ifyou're one of those people who just can't let the weekend go, head to Bullfeathers on Sunday night for live music from 11:00 p.m. on and a guaranteed fun time. The Left Bank Restaurant (882-3509) on 511 Rhode Island St. is a little off the beaten path but well worth the effort. The restaurant has an intimate atmosphere and a worldly selection of drinks. The menu is creative and tantalizing and will not force you to run to the bank for loans. To score with your date, the Left Bank is the place to go. M.T. Pockets (838-4658) was the highlight of our night. It is located at 1519 Hertel Avenue. Although the menu is limited, bartender Butch easily makes the best steak sandwich in all of Buffalo. "This is no Steakum folks." In addition, the Italian Sausages are a favorite of 3L Don Frey. He noted "It was great, better than my own." Specials are 2 for 1 well drinks and drafts from 4-6 Monday through Friday. While your there, ask Butch to make you a Watermelon Pucker shot and you won't be disappointed. M.T. Pockets is an all American bar that is a great place to watch a game and kick back with friends. �If you head to B.S. Bailey's (874-7766) at 2147 Delaware Avenue you are sure to run into reviewer Elana. She claims that Bailey's is the best bar in the world and with bartender Dan serving beer on his head it is hard to argue with Elana's assessment. Bailey's is open from 4 to 4 daily and always has varying drink specials. Food is not served but Bailey's has a well-stocked jukebox, pool table and Kenmore's answer to Stomp - Roberto. A good place to find these and other bars on the web is: http;//allwny,CQm/Nightlife.html. Or I guess coming back next month and reading this column again works too. MOW FOR SOMETHINGDIFERCNOTMPLY The College Republicans have invaded ÜBLaw! Greetings from a Republican. That's right, a Republican. There actually are some within UB Law School. While conservative thought may be a minority idea in one of the more liberal law schools one can find, the UB Law School College Republicans have taken form this year. We have wasted no time in forming a solid relationship with the county Republican Party. We have already started working with them and look forward to working with them in the future. For now, the focus is on local political campaigns. We have had the opportunity to meet a number of influential individuals within the party. Our post election plans include bringing speakers to UB Law, some political, some of a general interest. Keep your eyes peeled for a Rally for America that we will be sponsoring. We wish to support our troops overseas and also help with the reliefeffort in NYC though the sales of "United We Stand" bumper stickers. So far, we have accomplished a great deal, and are having a lot of fun doing it. We look forward to being an active club within UB Law, and the surrounding community. If anyone is interested in joining us, or simply have any questions or comments, please e-mail Chairman Bob Richardson at rnrfa)acsu.buffalo.edu. �Never let elitism take hold at UB Law unwarranted romanticism. But is the lawyer's job really that important? By Eric Usinger What makes a lawyer better than most others? It can't be his or her level of every which education, individual has the potential to worldly attain. Is it understandings and life would most experience? I certainly argue that there are many other professionals with more knowledge of the great cultural diversity within our society and the depth of understanding needed to be a well-rounded citizen. What could this Why be? are difference lawyers given such status within our culture? There can one answer: only be Perception, I say, pure and simple. Lawyers are elite members of a status institution the Bar, created to form the perception of social superiority and exclusive membership. Yet, assuredly, others have just as much to offer society as lawyers. So why does this perception exist? The ability to believe that one is at the highest levels of our social system is a to the compelling force unconfident megalomaniacs of the world. And, with American culture so fixated upon Law & Order drama, the lawyer has target become the of - Just think about what it is that lawyers actually do. First they create rules and then they fight to abrogate them. Lawyers study the decisions of dead Anglo-white men, whose logic ignored the common sense approaches taken by most other great civilizations. Most fundamentally, lawyers work night and day to create a system that the rest of the world must follow; taking a salary from the need they created for their own work. If there were no laws, there would be no lawyers. As simple a truism that it is, lawyers make themselves necessary by making the world more complex. Those without a legal education are unable to decipher complicated the mazes they create. Thus, lawyers force the rest of the world to pay them to unravel the web they created. So what drives the sane to become lawyers? I have identified four personality types that are drawn to law school. First, there are those seeking a job. They work hard to earn good grades in the anticipation that there will be a sizeable cash reward at the end of the rainbow. And, while this might not be the best way to choose a career, it is, nonetheless, legitimate. Second, there are those who love the intellectual pursuit of knowledge. These people are drawn to law school because of the academic challenge intriguing and discourse. Third, there are those who hope to change the world. And, for better or worse, they try and find every single in-and-out of the system so they can make a difference. is, lawyer-activist The hands-down, the most noble of ideals. Lastly, there are the misguided few. Their pursuit is neither money, which they may attain, nor discourse, to which they may contribute, nor change, which they may enact. Their main focus, however, is to develop a sense of self-conscious superiority. In short, they wish to become lawyers because they wish to be better than all others. The drive to be a member of the elite upper class is neither noble nor respectable. It is born out of a perverted view of how the world will view their standing in society. It also derives from fear of how they may otherwise perceive themselves. Reality, for these people, is very fragile. Even the simplest disorder in the matrix would shatter their delicate universe. I know this sounds hard to believe. It is difficult to imagine that anyone could �view himself or herself in a mirror of such distorting reflection. But is it really so far-fetched to imagine? Just consider how students segment themselves at law schools across the country. The law review is the preeminent institution at most law schools. It selects its own members based upon a superficial writing sample and culturally biased quantitative assessments of academic merit. Law reviews do not look for the best and the brightest; they merely seek individuals capable of manufacturing formatted information. They are factories, producing chains of un-diverse narrow-minded slaves. Now, certainly this does not accurately describe all members of these esteemed However, institutions. the collective mindset is perpetuated through its institutional framework. There is a sense of elitism at most law schools. While this law school strives to be a friendly, uncompetitive haven for intellectual pursuit, the mere existence of a law review at this school is antithetical of this conceptual purpose. And, I would argue, this is unavoidable. While this school's faculty has gone as far as abandoning class ranks and grade point calculations in furtherance of this goal, the essence of institutional elitism is prevalent in the nature of a law review. Of course there are benefits to being on a law review. are Employers oftentimes eager to acquire a few recruits with these credentials. While the presumption that law review members are more likely to make better lawyers is an absurdity, this view is, for some of the more elitist law firms, assumed. However, it can be said, quite persuasively, that since approximately 85 percent of practicing attorneys never served on their school's law review, non-membership on a law review can be a great benefit for otherwise active students. Just think, if most lawyers never served on their school's review, it is much more likely that a future employer would have contempt for the entire institution than a sense buddy-buddy of camaraderie. law Many schools attempt to manifest their law review's self-perceived stature by securing academic credit for mere ascension into its ranks. The argument is that they provide a service to this school by producing scholarly work and, therefore, these be individuals should compensated. In the abstract, this seems reasonable. But considering that scholarly work can be produced in other forms, just as membership on social clubs help in developing networking skills, and as membership on activist organizations exposes students to certain areas of the law, membership on a generalist law review is nothing special. The real reason for granting law review members credit is to reaffirm, through institutional policy, the view that some students are better than others and are, therefore, entitled to special benefits. I hope that this law school never grants members of the law review credit for mere membership. Considering that many other student-run legal publication operate at this school with over two hundred students serving as editors, associates and journal clerks undoubtedly these students have just as strong a claim as a generalist law review for receiving academic credit. These more focused journals offer greater opportunities for intellectual advancement and developing contacts in certain specialized fields. Such benefits should be open to all students whose individual efforts benefit this institution immensely. Moot court members deserve credit for preparing students to become well-trained appellate lawyers. The Domestic Violence Task Force, Sports Law Society, Environmental Law Society and the Public Interest Law Program each - - �fight to increase awareness for their respective causes, as does the Black, Latin American, Jewish, Asian-American and Gay & Lesbian law student Undoubtedly, associations. these students deserve credit for the countless hours spent building up the reputation and prestige of this law school. I urge the law school to take one of two courses of action if it ever considers, as it may, making academic credit an entitlement of membership in any organization. They should either do so for all students who work hard for this school or do nothing at all. Special status should never be afforded to any individual based upon their perceived social standing. Likewise, this law school should never take any steps that elevate one group of students above any other group. Granting academic credit to members of a law review without having to complete an academic course or independent study would create undeserved recognition. In essence, all students should be treated equally and fairly; nothing more, nothing less. I would hope that every UB Law student realizes that their future profession will provide countless opportunities to expand their horizons. Being a lawyer, however, should never be a license to look down upon - - others in society, or to attain a greater level of social status. The heroism after September 11th demonstrated that there are noble people in our society. Those who assisted the survivors in New York City, and those who died helping others are the elite in this country. Firemen, police officers, steel workers, medical professionals and volunteer rescue teams saved thousands from ultimate peril. You can be successful and still maintain self- respect. Lawyers have an unimaginable potential to affect good and bring about social change. Thus, self respect can clearly derive from more altruistic endeavors. But if selfrespect is founded upon a fragile sense of elitism, you should reconsider your life's priorities. Eric Usinger is an associate member of the Buffalo Law Review, an editor for the Buffalo Environmental Law Journal and Treasurer of the Student BarAssociation. His views do not represent those of the Buffalo Law Review. The Opinion would like to present Eric wifri the most confrontational editorial award keep your dukes up scrappy. �OPINION THE WE LOVE Get it ? pirates....booty BOOTY � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Opinion, 2001-01-02 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. The Opinion no. 02.01.2001 Date Issued Date of formal issuance (e.g., publication) of the resource. 1/2/2001 Publisher An entity responsible for making the resource available University of Buffalo State University of New York at Buffalo Law School Language A language of the resource eng Type The nature or genre of the resource Newspapers Text Is Part Of A related resource in which the described resource is physically or logically included. LIB-LAW003 Rights Information about rights held in and over the resource <a href="https://rightsstatements.org/page/CNE/1.0/">COPYRIGHT NOT EVALUATED</a>. The copyright and related rights status of this Item has not been evaluated. Please refer to the organization that has made the Item available for more information. You are free to use this Item in any way that is permitted by the copyright and related rights legislation that applies to your use. This digital collection is made available for research and educational purposes. Researchers are responsible for determining copyright status, and securing permissions for use and publication of any material. Copyright for items in this collection may be held by the creators, their heirs, or assigns. Researchers are required to obtain written permission from copyright holders and the University Archives prior to reproducing or publishing materials, including images and quotations. For inquiries about reproduction requests and permissions, please contact the <a href="http://library.buffalo.edu/archives/">University Archives</a>. If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/eba284c7c6f42fb7bc24c7cea2953bff.pdf d9a2513730aea9146b7e6d97721ebbcb PDF Text Text FROM HapyHolidays THE OPINION �Editor -in- Chief Howard Cadmus Supervising Editor Meg Needham Associate Editor Everyone on the Sixth floor of the library two days before this went to print. Everything else Howard Cadmus Photos Eric Usinger and Howard Cadmus Writers: Luke Bassis, Sarah Byrne, Elena Gekas, John Haberstroh, Jason Llorenz, Julie Lombard, Thomas Maxian, Meg Needham, Mary Ognibene, Matt Rich, Stephanie Rohrer, Paul Sanders Who was John Lord O'Brian? An interview with Professor Carr Cry to Father non-denominational holiday Lunch with Dr. Olmert Kenya Summer EDITORIALS Ain't no thing chicken wing What did we learn in school today? Change the Antiwar Message The First Thing We Do, Let's Kill All the Lawyers GROUP POSTINGS \J LoM This is the 53rd volume of the OPINION and this is the second issue. The OPINION is a publication of the university at Buffalo Law School, published monthly during the academic year. Offices are located on the fourth floor of O'Brian hall. Telephone:64s-2147. Mail can be put into box 532. The OPINION is funded by the SBA and is no way responsible for the editorial content, structure, or policy of the publication. Submissions are welcome for the next issue Press run: 600 ezekiel27@vahoo.com of the OPINION. Just e-mail them to �The no good, horrible, terrible, very bad, MPRE experience! By:Howard Cadmus This story starts at the most logical place, the beginning. Thursday the Bth of November was a day like any other here in Buffalo. The sun wasn't shining, the birds were frozen, and many a little law school kid was busy in the library or in class. I, however, was in a car, hunkered down for a five-hour trip, destined for Albany, New York. The drive was uneventful; time was spent wondering why the hell I want to be a lawyer? How taking an ethics exam for me is like telling a guy you are taking him to see pro wrestling and then bringing him to the ballet, and about how a drink at a rest stop cost more then dinner at a restaurant. But, after counting down exits from 50 to 25 I was finally there. When I got to Albany I decided to drive right to my friend's house where I would be staying. The thing about friends is that the ones you remember as being the most fun, the ones you always had a great time with at the bars, you remember that way for a reason. As soon as I walked in the door I was met by screaming, yelling, and a cloud of smoke that made me glad they don't do drug tests before the MPRE. Luckily, according to my calculations I had a good two hours left of the night in which to study. The problem is that no one had told the unruly mob about my plan. So amongst the sounds of guys talking about their fantasy football team or some crap, and the giggles of girls who walked over in less then 40° weather and still managed to wear nothing but tight pants and tank-tops, I sat down and took the practice exams in the back of the B ARBRI book. For the sake of expediency I will skip to the part where I asked, "Where I am supposed to sleep?" The answer as you might have guessed was "the couch," not the new one mind you, but the one from the place we all hung out in during college. The couch was to be the least of my concerns when I learned that they lacked the basic elements needed for slumber, namely a pillow and a blanket. Well this night was getting better and better. So, wrapped in my clothes, with my jacket covering me and a shirt over my face to block out the smoke and lights left on from the die-hard party people in the other room, I drifted off to sleep. After the most relaxing three hours of sleep a person has ever had, I woke up to shower. Now the thing about a bathroom in a house occupied by three guys is, it is not so clean. But, with the shower behind me and my clothes from the night before wet because there were no clean towels and I had forgotten to bring one I was on my way to the test center. When it was go time I stood on line with a bunch of strangers; it was like spending the holidays with a different family, one you have never even met before. Staring out amongst the faces I had two thoughts: man law students are weird looking- and that I did not feel ready for the test. After the whole rigmarole ofchecking the tickets and ushering us inside the room, I settled into my seat and began to listen to the proctor prattle on about this and that until it was finally time to begin. The rest of what I experienced is best left buried where I left it, in that room, and in the deepest recesses of my mind Needless to say the level of confusion I experienced on some problems trying to find an answer choice that was wrong, forget about right, is too much for me to relate. But one hour later...(l know if I fail it is my own fault), I was free to leave. At this point many of you probably have questions about my experience like: why Albany? Why do your friends suck so much? What did you do for the other couple of hours at the party? Well I have a question too; did I pass the freakin test? But I will not know the answer for about a month. At that time feel free to call me or simply ask how I did; chances are if you know me you know I will be more then happy to tell you. Good luck and always be ethical! �Student Bar Association Gets Festive Luke Bassis The second half of the semester has proved to be just as exciting as the first half of the semester for the Student Bar Association. We saw many organizations begin their fundraising efforts in order to meet their various obligations. The class directors also helped to distribute the money that was raised by increasing the mandatory student fee, helping our groups to expand their budgets as well as their ability to operate effectively. We also saw the creation of the Student Bar Association List-serve. The creation of the list-serve was deemed a priority for our administration who noticed that the escalating costs of copies were crippling smaller groups. Now, instead of flooding mailboxes with sheets of paper that many students promptly throw on the floor, an email can be sent to the entire Law Student body with the click of a button. And for those who do not care about what the student groups are doing on campus, and consider the emails a burden, all they need to do is press the delete button. The list is for all students who have an announcement that should reach the entire class and is appropriate for distribution through the Student Bar Association. Just recently, we also took the initiative to try and decorate the first floor and make the lobby of the school a little more festive. While we were hindered by Fire Marshall regulations, the need to be non-denominational, and a small budget, we used the opportunity to show the students that with a little effort, we can make this environment a little more pleasant. Perhaps in the years to follow, the Student Bar Association will spearhead larger campaigns to decorate the first floor and make the entire school a more enjoyable place to be. I must also take a moment to recognize Dean Olsen's commitment to the Student Bar Association and his recognition of the importance of student groups to the Law School community. He has pledged money to distribute to those groups that apply, and express both a desire and a need. This extra little bit of help should make this year the most exciting that the UB Law School community has ever seen. 'Want to see Cess grammaticaC errors andstyfistic mistakes? Join Tfie Opinion staff. Come to 'Room 403, because -with the staff-we have right now, we can't a rousing game ofmonopoCy. �"No Battle of any importance can be won without enthusiasm" By Sarah Byrne Please answer the following question during your break from Dawson's: John Lord o'Brian: (a) was one distinguished cat with an intriguing middle name (b) served the nation by appointment of 6 presidents (c) loved to rock out to Hendrix and Zepplin (d) argued more than 15 cases before the U.S. Supreme Court. I Time's up. Pencils down. So, how did you score? (On the test, not last night...) If you answered either a, b, and/or d, you are correct. As for c, it's a possibility. Though, considering that his prime "rockinout" days probably involved some Irving Berlin and tunes from the Vaudevillian era, I highly doubt it. Read on. Other than now knowing what Mr. O'Brian may have rocked out to - what else should you know about our law school's namesake? Well, to begin with, O'Brian was born in Buffalo, New York in 1874 and graduated from Buffalo Law in 1898. Bet you didn'tknow that O'Brian hall has been around since then! Don't let the drab seventies architecture fool you, or the still-functioning elevators for that matter.... Actually, joking aside, the law school was originally located in downtown Buffalo on West Eagle Street. It was only after the dawn of its relocation to its reigning site that the law school was christened with John Lord O'Brian's name. More about the move in a future Opinion issue. John Lord O'Brian's career existed in many areas of the legal arena. The following is just a sampling of O'Brian's accomplishments: • Appointed by President Theodore Roosevelt to serve as U.S. Attorney for the Western District of New York where he spent much of his time prosecuting cases of espionage and sabatoge; Appointed by President Wilson as head of the War Emergency Division of the Justice Department from 1917-1919; by President Hoover as first assistant attorney general in charge of the Anti-Trust Division; Appointed • Appointed by FDR as general counsel for the Office of Price Management. • • �While holding these public positions, O'Brian also served the Law School in many capacities. Along with his position as a volunteer instructor in Insurance Law, he delivered the Godkin Lectures at Harvard University. Whew! Got all that? Quite an impressive resume. All this, from a UB grad. If that doesn't inspire/motivate you, I really don't know what will. Perhaps Tony Robbins.... In noting O'Brian's record of public service in the twentieth anniversary issue of the Buffalo Law Review, Profession Jacob Hyman spoke of "O'Brian's deep conviction that the lawyer who achieved distinction in the private practice of law was professionally obligated to make his skills available in response to public calls upon them." Couldn't have said it better myself. Kudos to Mr. John Lord O'Brian. what i$ EPiLP? "There is nc justice without equal access" rrTPTr /\ /\ ~? The I illlai( Public Interest Law prcaram is a private, not-for-profit founded in 1979 by law students at IX. 11 111 is dedicated to promoting the practice of public interest law by providing summer fellowships to students who want to work for agencies serving those most under-represented and underprivileged in our communities. In the past, I I ll I has provided valuable placement opportunities locally, nationally, and internationally in areas of law including domestic violence, human riehts, child welfare, housing, disability, homelessness, the elderly, and unemployment. The primary goals of I I 111 are: (1) to promote concern for and participation public in interest legal work by providing University at Puffalo Law students with the opportunity to work in public interest law; (2) to serve as a resource for Puffalo public interest law groups in need of legal personnel by funding legal positions; (3) to educate Euffalo law students of the need and function of public interest law. Each year PI ll F raises funds through an annual auction as well as other student run activities to finance our summer fellowships. In 2001, PI ll T raised over $20,€C€ and sponsored 1C fellowships, several of which were co-sponsored by other ll Law School organizations, such as Domestic Violence Task force, the Clack Law Student Association, and the Latin Student Association. This year the 7th annual CPILP auction will be held at Samuel's Grande Manor in Williamsville on Friday, March Ist. It will be a night of good fun, drink, and a chance to bid on many fun and interesting items. corporation liow you can help: - Cet involved in Planning the auction. We need help making phone calls, sending out mailing, and going door to door getting donations. Make a donation yourself. In the past, students have donated wine baskets, artwork, music lessons, haircuts, books, and new clothing items. Pc creative! lielp us find some big-ticket items. For example, if you know anyone who works for the Pills or owns a bed and breakfast on Niagara on the Lake, ask them if they could donate some autographed items or a weekend away. Purchase tickets for the auction in February. Ifyou would like to help in any way, please contact Stephanie or Elena at the BPILP office at 645-6726. All donations can be dropped offeither in the BPILP office (Room 704) or the CSO office. �4-1 Questions with Professor Car By Julie Lomb^rc} The following is (hopefully) the beginning of a regular series in The Opinion. The idea is to get to know some of our esteemed professors on a more personal level. We begin this week with Professor Carr. 1. How long have you been teaching at UB Law? / began in the fall of 1982, so that would be 19 years. 2. Have you taught at any other schools? No. 3. What brought you to UB Law? Myfather told me to take a job only if it would help you to get a betterjob. UB had an excellent reputation at the time (it stilldoes), and it was the best school that gave me an offer. 4. Where did you grow up? Brooklyn. I was born in Bed Sty and I lived in Crown Heights as well. 5. What were you like in high school? Were you cool or were you a nerd? / didn 't really care for high school. Like every other high school kid in New York City, my biggest concern was acting older than I really was and doing my best to look that way. Hindsight shows me that I was way off the mark. 6. What came next? / was drafted. 7. Can you tell us anything about it? / was nineteen years old. I was sent to the central highlands and to the coast (of Vietnam). I spent 356 days, 11 hours and 20 minutes there. It was a horrible experience. There was absolutely nothing redeeming about it except the fact that I got money from the VA. I would have rather paid them not to go. 8. What came next for you? / went to college at CUNY. A professor of mine kept suggesting I go to law school. I decided to apply, but only to one school, and I didn't even take the LSATs. 1 got into that school (Howard University) and decided to give law a 9. Why criminal law? I found it fascinating in law school. It is basically the underpinning in human experience. I found it much easier to grasp than other legal fictions, like corporations and insurance. 10. You often tell stories about your time at the DA's office. How did that position come about, and what was it like? / held that job from 1977 to 1982. At the time, there was a division in the State Attorney General's Office called the Special Office for Corruption Crimes in the Criminal Justice System. It was myfirst job out of law school. I got the job as the result of an on campus interview at Howard The job itself was in New York City. I liked it because it was more interesting than "traditional" lawyer jobs. The principle defendants were cops, lawyers, and judges. 11. Do you have any interesting stories that you could share with us from your time in that office? There are too many to share. I couldn 'tpossibly whittle it down to any examples. 12. What other jobs have you held? / was a taxi cab driver in New York City part time during undergrad. I didn't like thatjob at all. The cab was too small for me (Professor Carr is tall), and it's a very hard way to make a living. You had to be a hustlerall the time. I didn 't enjoy it. 13. Any interesting stories to share from that experience? None that I care to have published. 14. What was the worst job you ever had? / worked in the mailroom of a book publisher during high school. One day in the elevator, it dawned on me that �there was no otherperson in that entire company that held a position lower then mine. I realized then that I was meant for something different. 15. What are your thoughts on being a lawyer? / think that being a trial lawyer is the most tremendous personal imposition there is. It's not like being a professor. You 'ye always got something going on. You have to be able to juggle endless concerns at once. It leaves no time for anything else. Although, being a trial lawyer is what I do best. I have a fascination with people that can be tricked out of things. People often know very little about what they are doing. (Professor Carr often tells stories about street games such as three card monte. The idea is that the player thinks he knows what he is doing, but in fact, there is no "game" to it. The lead creates a distraction and as soon as the player's attention is diverted, he loses.) Three card monte is something like being a lawyer. As a lawyer, you have the advantage. You know more about how the system works than the person you are talking to. You have a psychological advantage. You even have a physical advantage. You can walk around the courtroom while the person on the stand must sit still. 16. What are your thoughts on the police? Wliere you live says a lot about your impression of the police. Some people grow up looking at police officers as their friends. Where I grew up, the police were basically seen as an occupying force. I grew up thinking that if something went wrong, I was better off trying to get help from a store clerk or a friend. It was less trouble. I give my sons that advice today. You cannot get into trouble with the police if you don't interact with them. (Another hallmark of Professor Carr is his appreciation for a good dessert...) My two favorite pies are sweet potato and peanut butter pie. The best sweetpotato pie can be found at my house, because no one makes it better. The best peanut butter pie is at Curley 's in Lackawanna. I will drive all the way there justfor a slice ofpeanut butter pie and a cup of coffee. Curley's also has excellent Caribbean cuisine. 18. Is Curley's the best restaurant in Buffalo? 19. What's worse Badfood. - bad food or bad service? 20. Do you recycle? Yes. Convenience is no excuse. I always tell my sons that people willfollow you in this world. You shouldn't selfishly consume and waste things. To not recycle is just a selfish indulgence. People should act more communal. 21. Tell us about your sons. / have two boys. Justin is 16 and Spencer is 15. They are both students at Hutch Tech. Justin is driving now, and if there was only one person I would trust behind the wheel it would be him. Several good colleges are recruiting him and he's thinking ofmed school. Spencer is young. He's involved with the drama club. Whatever he decides to do with his life isfine with me. 22. What is your favorite place you've ever been and why? New Orleans. Excellent Cajun food. 23. What kind of music do you like? Jazz and R&B. I also like fusion music, like Herbie Hancock. And Quincy Jones. (Anyone who knows Professor Carr knows that he wears a flower boutonniere every day. I couldn't resist...) 17. Why do you always wear a flower? It's just an affectation 1 picked up in the late 70 's. I used to coordinate my ties with my pocket match. One day, back when I was working in New York City, I was walking back from a victory in a tough case thatfew people expected me to win. I stopped by a florist in the World Trade Center and picked up a flower. Now, I stop in to the Plant Place and Flower Basket on Niagara Falls Boulevard every morning and they pick one outfor me. They know I'm coming. They match it for me. I wouldn 't trust myself to try to coordinate it. There's not too much you can do with a man's suit. There aren 't too many ways to dress it up. Other than that there's no real significance to it. 24. What famous person do you have the least respect for? Rush Limbaugh. He isn't the kind of thinker that he presents himselfto be. Once in a while I will listen to him, just to keep on top of his arguments, but I am always disappointed. I have little respect for his analysis. 25. Who is your role model? / hope that I am a role model to my kids. I'd hope that their role models aren't sports figures or actors. I'm more concerned with being a role model than having one. 26. What one thing do you wish you could possess? Over the years I've learned that things are not so important. Perhaps I could possess more patience. As it is now, I will remember ifyou cross me. I know others who are much more humane in their interactions. �27. What are your thoughts on Michael Jordan's return to the NBA? Not much. I think that it's difficultfor some people to let go of things - especially those who are in the limelight. I think maybe his job is one better left for the younger guys, but his fans seem to be happy. 28. You are a big boxing fan? Huge. I cannot justify it, because it's pure barbarianism, but I enjoy it. I don't really have a favorite boxer right now. There are no greats like there used to be. No more Ali's, Ken Norton's, or Joe Frazier's. That era has gone. Ali changed the sport - he revived it when it was almost dead. That was a hard thing to do. It is a barbaric sport, but there is still a slim reed upon which you can argue that there is some artistry to it. You have to have a plan and be able to execute thatplan. Sugar Ray was smart enough to know that if he was close enough to Haggler (Marvelous Marvin), he could win. It's about the strategy and the physicality of it all. 29. What newspaper do you read? The New York Times if I can. The international section. If I'm reading the Buffalo News (which is only a result of convenience), then I'm reading the regional section. 30. Can you change a flat tire? Yes, but I haven't lately. Myfather told me that if you can get someone else to do it, then it must not be your job. In my nineteen years in Buffalo I think I've changed a tire once, and that was only because I was in a hurry and couldn't wait for AAA. 31. What is the best thing about Buffalo, and the worst? When I first came to Buffalo in 1982, it was not an enjoyable experience. At the time it was the second biggest city in New York, so I expected it to be a lot bigger. But then I had kids, and it is a wonderful place to raise children. My kids spend less time in potentially destructive activities then I did as a kid in New York City, although that is why I like New York City. 32. What is the most significant difference between the legal communities in Buffalo and New York City? New York is more liberal, and it's easier to sell the bizarre there. Concern. The motivation behind it is understandable, but history tells us that it is not a good idea. When I came back from Vietnam, I realized that the public was sold a bill of goods with respect to continuing that war. In some cases the government went as far as lying to the public. I feel that the government must be watched. Sunset clauses are a small source of hope, but not enough. In any event, the sunset clauses should be much shorter than they are. 35. What is the biggest problem in criminal law that you would change? The average person's understanding of it. The average person has unrealistic expectations about what criminal law can provide. They think that a swift and severe reaction means a safer society. They are wrong. 36. If you could change one law, what would it be? In order to make a better society, I would make it possible for everyone to go to law school because it explains philosophical constructs of our society thatfew people have the opportunity to learn. 37. If you were to give advice to UB Law students, what would you say? Every generation feels like the one that follows it doesn't work as hard as those before. I don't know if that's the case, but I would tell students to take this time more seriously. By the time clients come to you, the situation in their life is beyond their control. Out of respect for the client, you should work harder. 38. Who are your favorite Supreme Court justices and why? Douglas, Brennan, and Marshall. Particularly in terms of their philosophy and approach. The difference between conservatives and liberals is that conservatives force their views on everyone, where liberals allow for room on either side. This multidimensional method leads to better results. 39. Would you want to be a judge? No. I don't think it's as much fun as being a lawyer. 40. What would you do if you weren't a professor? / think if I had another career it would be owning something - some kind ofbusiness. It would not be a professional corporation. 41. So what's next? 33. If you could give George W. advice, what would it be? Be more liberal. 34. What is your impression of the current administration's proposals regarding the prevention of future terrorism? Get my kids through college. Then throw my golf clubs in the trunk of whatever vehicle I'm driving and head to someplace that has golf courses open twelve months out of the year. �To: father non-denominationaChoCiday Jronu Suffering Caw students He: Gjetting us stuff (afreestyCe wish Cist) Date: December 2001 of) <y? /J £__ TACTS: lYe are tired. Tiredwe say. Suffering a very Cong time under the "weight ofaCC these Books, Lexis printouts, assorted uninteCCigißCe CegaCramßCings, and a heaven-Coad ofrnaiC lYe've Been good kids, save for that time we faked Being "Dean OCsen to an officiaCvisitor to the Caw schooCi. DISCUSSION: In New york, the courts have ruCedthat Caw students get no parking, have no access to a reguCar oC goodtime, and are severeCy lacking in sCeep. Us v. You. 77 NyS 2d34. (This TCace, 2001). IVhen taken in context, this estaßCishes a weCC-recognizedCegaCandethicaCoßCigation to assist us. See ie., JAUA ruCe 2.154 (proposed). Tursuant to the foregoing facts and Caw, we state (Beg reaCCy) for the foCCowing reCiefin quantum meruit, ringing in tort, and sounding in various criminaCstatutes: s-A 1) (gimme This: JAjoB 2) Some dough...come on...throw us a 80ne... 3)JA repeaC of aCCfinals 4) Trofessors who Cet the class go at n:isJAM, when cCass ends at that time! 5) Grants, not Coans 6) free coffeefor the hard nights 7) Move the Caw schooCto Miami 'Beachfrom Novemßer to May 8) JAn individualparking space right outside the Caw schooCfor every student, or at Ceast the authors of this memo D 19)10) JApuppy (ya gotta have cute) J J CONCLUSION: In Cight of the foregoing facts, we respectfuCCy request prompt deCivery of our humßCe demands. 1 for the record, that was apretty funny moment. FROM TDK MINDS OF: JASON A. inmiixi AM) MAUY o(;mhi:m: �JLSA BRINGS ISRAELI ACADEMIC TO SPEAK AT UB By Meg Needham Dr. Yossi Olmert, a respected Israeli intellectual and expert on the Middle East, came to UB Law last week to speak on the current global situation. Many students, as well as community members, turned out for the speech, filling Room 107 almost to capacity. The talk was sponsored by the Jewish law Student Association, the Israel Student Association, and Hillel, who provided lunch as well. Problems with airport security delayed the speech, but Rabbi Mintz of Hillel filled the time by discussing Olmert's qualifications and beginning a dialogue on the tensions in the Middle East. Rabbi Mintz mentioned that Dr. Olmert was born in Israel in 1950 and spoke several different languages. He graduated from Hebrew University in Jerusalem before receiving his doctorate from the London School of Economics. He has served as an advisor to Prime Minister Shamir and Defense Minister Arens, as well as a faculty member of Middle Eastern Studies. His brother, Ehud Olmert, is the current mayor of Jerusalem. The Rabbi also noted that Dr. Olmert was a sports commentator for soccer games in Israel. He joked that "maybe from the soccer field something can come out, provided that it is a tie." When Olmert arrived, 45 minutes after the start of the lecture, most ofthe audience was still there and anxious to hear his views. Dr. Olmert did not disappoint, prefacing his talk with a caveat that he was not going to be subtle in expressing his position. He would be telling the group exactly what he thought, that "the days ofbeing diplomatic are over." He defined his political position as a mainstream member of the Israeli right, the party of current Prime Minister Ariel Sharon. Dr. Olmert first addressed the terrorist acts of September 11", explaining the Israeli perspective. He insisted that Al Qaeda claims that the attacks were because of Israel were nonsense, as Al Qaeda had never acted against Israel or any Jewish target outside of the Middle East. In fact, Olmert declared that Israel was surprised by the ferocity ofthe attacks, as their intelligence had no familiarity with Bin Laden or his organizations and were not on lookout for them. In his view, the culprits should be destroyed, as "those who are ready to commit atrocities such as this are not likely to be willing to have political talks." Olmert vigorously asserted that the United States must "define properly who are the enemies." Stating it three times for emphasis, he made it clear that neither the world of Islam nor all fundamentalists were responsible for this terrorism, and should not be blamed for the actions of a few. Dr. Olmert then turned his attention to the Israeli /Palestinian conflict. Citing a recent address by Secretary ofState Colin Powell, Olmert asserted that no progress would be made in the Middle East until the violence stopped. According to Olmert, Powell was speaking only to the Palestinians, which was correct "because all the incidents ofviolence are a result of a war that has been waged against Israel by the Palestinian Authority led by Yasser Arafat." Olmert traced the violence to the breakdown of talks at Camp David, where the Israelis offered 97% of the territories in dispute, and "received 150% of the violence." In his view, after Ehud Barak made huge and painful concessions, the Palestinian Authority responded by engaging in a campaign of violence against Israel. For Olmert, offering such a generous settlement offer again would be helping terrorism. His message to Arafat: "Stop the violence immediately because you are losing and you will continue to lose." Olmert made it clear that Israel would not reward the Palestinian Authority initiated violence with negotiations. Olmert also voiced a concern about future negotiations and the trustworthiness ofArafat. He referred to an agreement made in Oslo by previous Israeli governments, where Israel agreed to give up certain territories in return for security. A percentage ofthe territories were returned, but met with violence. Olmert warned that the Israelis had learned from their mistakes in the past and would not trust Arafat again unless he controlled the violence. Speaking from the mainstream right wing, he concedes that there will be a Palestinian state, but is clear that this Israeli administration will never reward violence. Olmert defined terrorists as those whose acts are aimed intentionally at civilians, and claimed that they would be punished one by one. He admitted that Israeli soldiers have also been guiltyof hurting civilians in the past, but that it was never intentional Israeli policy, and was often as a result of self-defense. "In a war sometimes you make mistakes," but the difference is that "we apologize and try to correct them and do not specifically target civilians." Referring to the criticism that Israeli soldiers were attacking Palestinian children, Olmert stated that they would "go after the ones who sent the children." He commented that toward �the end of World War II the Nazis also used children in battle, which did not make their cause any more right. Dr. Olmert then asked for questions from the audience. One student asked how Israel planned to address the problem of Palestinian propaganda, noting that Palestinian textbooks often demonized Israel and essentially taught violence to children. Olmertresponded that such a practice was widespread and not conducive to peace. He connected the propaganda to the Durbin conference on Human Rights held over the summer, where Israel was accused ofviolating the human rights of Palestinians. This led many nations, including both Israel and the United States, to boycott the convention. Olmert strongly supported the boycott, contending that after 50 years ofindependence Israel no longer had to prove herself. He also commented that the convention was sponsored by the UN and called for the destruction of a UN member state. Another question concerned the "97%" Camp David concession that Olmert had referred to earlier. An audience member specifically asked if the 97% wasn't a qualified concession because the disputed territories would be dissected into little settlements. Olmert emphatically responded that "97% is 97%" and that "there is no need to make Trip commented that he had read in the Jerusalem Post that the Arab League is contributing $500 million to the intifada. He asked Dr. Olmert if the Israelis were tracking this money at all. Olmert agreed that this was troubling, but claimed that all the money was interpretations," although the one offered was "factually not true." He stated Israel's claim to the land, from a historical perspective, and asserted that it was "racist to think otherwise." In a related question concerning the Israeli army, Olmert expressed his view that a war in the Middle East could have been decided in 3 hours, save the restraint of the Israeli army. He attributed this to the fact that Israel is a democratic, civilized nation. Despite this, Israel often faces criticism for killing terrorists. Olmert expressed frustration that Israel is blamed "even if we kill a Palestinian crossing the border with bombs strapped to his chest." He defended the Israeli policy of assassinating known terrorists, stating, "95% of attempted bombings were foiled." Olmert was also quick to qualify the policy, making it clear that the Israelis were not advocating the destruction of the Palestinian people, only those organizing and perpetuating the violence. He then referred to the Israeli decision to destroy the nuclear reactor in Iraq, an incident for which Israel was also initially criticized. Amidst applause from the audience Olmert stated that "If that did not happen, there would not be a world going into Swiss bank accounts which could not be tracked, illustrating his view of the widespread corruption of the Palestinian Authority. In the midst ofall of Dr. Olmert's intense political views, he managed to sneak in a few comments about Buffalo. At one point he asked how the Buffalo Bills were doing, and when the audience responded negatively, he suggested that it was due to Mary Levy's absence as coach. He concluded his talk by saying, "Let's hope that the Bills will be the best." While members of the audience may have disagreed with Dr. Olmert's political views, all were thankful for his honesty and straightforward answers. His talk was an excellent opportunity for UB Law students to learn about Israeli politics and foreign policy. now. H Dr. Olmert's final question involved the financial state of Palestinians. An audience member to Israel during this year's winter break The trip is being sponsored and heavily subsidized by the Kibbutz Program Center as well as the Jewish Agency for Israel. The trip offers its participants the opportunity to live and work on a Kibbutz in Israel for a period of one month. Stay for a month on a Kibbutz exploring new horizons, connecting with the Land and discovering yourself. The program will be running from December 24th through January 24th @ Kibbutz Yotveta (famous dairy producer) in the Negev, or Kibbutz Sde Eliyahu (Kibbutz Dati) in the Galil for those ages 18-26. In addition, well. The costs of there will be a number of tiyulim provided for the program participants as food, board as well as insurance have been covered. The only expense left for the participants is that of airfare Jason Orenstein Deadline for Registration is December 7th! North American Director of Student 11 iirs For more information please contact (800) 247-7852 (ulpankad@aol.com) Tal @ the Kibbutz Program Center Israel Aliyah Center 212-318-6136 212-318-6145 (fax) jasono@jazo.org.il 633 3rd Aye., 21st Floor �from Nairobi to Jerusalem By Elena Gekas When people askjus about our experiences abroad Cast summer, Tautand I have a tendency of getting overwhelmedand stopping the conversation short by saying, "'Do you have 2 hours? " ilsuaCCy people don't have the time, so we shrug andtell them that it was great. The problem is how do you condense stillthinkjt is one of the most challenging adventures ofyour life into afive-minute story? Although I impossible, for the sake ofthe Opinion I will try. The story starts during spring semester last year when I began panicking about what I was going to do over the summer. The thought of working in a traditionallawfirmfilled with me with dread, and somewhat nonafter a particularly difficult year ofschool I thought that I needed to explore a internationallaw and about interests in my Mutua traditional legalpath. I spoke with Trof. Makau human rights, and during the course ofour conversation he offered me a summer internship position at the 'Kenya Muman lights Commission in Nairobi. I accepted the position immediately. When I leftfor 'Kenya, my boyfriend(Paulwas planning on spending the summer in ghana and we were going to rendezvous in Israel after both of our internships werefinished in August. The only inexpensiveflight that I could get from 9{airobi to TelAviv in August required that I have a two-day layover in TelAviv on my way to Nairobi. The night before I landedin TelAviv, a 'Palestinian suicide bomber waiting in line at a disco had murdered twenty Israeli teenagers, most of whom were recent emigres from 'Russia. The political climate in Israel was obviously tense andthe security at 35%, airport illustrated just how serious things hadbecome. 'Before being allowed to board myflight to Israel, I was interrogatedfor two hours and taken to a basement room to have my things searched. (My C9@lperception of Israel hadme ejecting a 'war zone'and I was surprised about the relative order in TelAviv, and I spent the next two days in Israel laying on the beach and eatingfalafel, preparingfor the next portion ofmy trip. The two days on the beach in TelAvivgave me time to read more about what things were currently like in 'Hgirobi. I spent a summer in 'Kenya in 1996, andremember 9{airobi as being a somewhat well ordered city. my reading illustrated that 'Kenya was currently in the middle ofsome upheavaland turmoil, andthat Nairobi inparticular had changeda great dealwithin the pastfew years. Many of myguidebooksreferred to Nairobi as 9{airobbery, andmentioned that travelers should not feelsafe walking in most parts of the city. In addition the unemployment rate hadswelled to 50%. In a nutshell these were desperate times in "Kenya and I was nervous about being on my own for a summer in such insecure surroundings. I began wishing that (Paul had taken my advice and spoken to (Prof. (Mutua about a position at the commission. (Nairobi is like any large city in that it isfilled with contrasts, most notably a huge disparity between rich andpoor. The rich have armedguards andchauffeurs driving them around in their'BM'Ws, while the poor are relegatedto a life of desperation on the streets or living in highly volatile slums. It was difficult to handle the intense poverty that I saw in 'Xairobi, especially during the first two weeks. to Little children who lived on the streets, dressedin rags, andcovered with a thickjayer of dirt used follow me around whereverI went telling me that they were hungry. It broke my heart to see these little children hustling, and even worse was the realization that even if I didgive them everything they wanted, there was nothing I could do to change their situation. As odd as this may sound, dealing with the fact that I was a white person in Africa was another hard thing toget usedto. Although 9{airobi is a cosmopolitan city with many expats andforeigners living �there, it was a very rare hour iffive people didnot stare at me (particularly schoolchildren) or make a comment basedpurely on my race, for a white American this is a very interesting feeling. In addition to the fact that people obviously noticed that I was white, I also had to dealwith the set of assumptions thatpeople hadabout white Americans who traveledto (Kenya- most notably that we are all wealthy.Although I have always considered myself to be a broke student, I gave up the idea of trying to explain to people that I had no money andthat I wasn't rich. I guess everything is relative andthis was not an appropriate excusefor why I could not lookjn someone's shop orgive a kid on the street a few shillings, however I didn 't want to propagate the idea of "rich American comes to 'Kenya and gives out money". I hadno ideahow to act, or what my place was as a foreigner. Nairobi is a large city with skyscrapers and tons ofpeople. I had to learn where and what to eat, how to ride a matatu and otherforms ofpublic transportation, where to mail my letters- even the basics felt like an adventure, however, being in aforeign place on my own with no hope of 'blending in' had its downside. One morning I was walking down a busy street in Nairobi whenfour teenage boys who hadbeen sniffingglue and were obviously high, jumped out ofllhuru (Park.(!Freedom (Park) andtried to rob me. I have taken quite a few self-defense classes in the past andmanaged to get away from them without them getting anything. Needless to say, I was shaken up andpreceded to run until I reached an internationalphone. 'Saul was not scheduled to leave for Qhanafor another week.andl decided to call him for a pep talkj, waking up his whole family in the process. 'He was in a deepsleep when I began tellinghim about what happenedandhe interruptedme by saying, "(Don't worry about anything (Kid, I'll see you next week, BfThat was when Ifound out that 'Paul was coming to "Kenya to work_at the commission. finding out that I was going to have my best friend to share this experience with was a realrelief. In addition, I thought that it was going to be interesting to watch "Paulreact to hisfirst taste ofAfrica. It's hard to say that you realty know someone ifyou never see them outside of a specific context, lip untilthe past month I hadnever really seen (Paul outside of (Buffalo, audit was weird to see the person I hadsat next to in Con Law for the past 4 months riding a matatu in Nairobi or eating naoma choma (roast goat)andugali (corn meal) in a local kiosk: "Paulhas an incredible sense of adventure, and although we workedhard at the commission we didtravel on our week&nds andended upgoing on safari in(Masai (Mara during the migration season and went snorkeling in the Indian Ocean. of the reason (Paul and I traveled as much as we didaround'Kenya was because of the tension that we oftenfelt in 'Nairobi. It is hard to be a walking dollar sign andnot to be able to blend in; we constantly hadto be on guard. 'Paul was the perpetualsecurityguardandbuilt up an impressive knife collection throughout our stay, but I thinkthe continuous pressure associated with our safety evengot to him. It got the point where 'Paulactuallypulled a knife out on what turned out to be an undercover policeman who wasfollowing us home one night. (However, thefeeling of being overwhelmed by 'Nairobi was dwarfedby what faced us at the commission. (Part (My first day introduced me to some ofthe problems that the commission dealt with. Within myfirst morning at the commission, I had already sat in on an interview with an "Ethiopianrefugee who claimed that there hadbeen several attempts on his life by "Ethiopian officials, heard the story ofa women whose sons hadbeen murdered by the police after beingframedfor a botched robbery, andthe story of a man whose niece hadbeen caned to death by her teacher infiont ofher entirefourth grade class. After a couple of days of being overwhelmedand confused, I was assigned to the Advocacy department where I concentrated on worker's rights issues. I was then told to start conducting research on the cut flower industry (as in roses and carnations) in Kenya in response to several �complaintsfrom workers about the poor working conditions at the plantations. Upon conducting my research I leamedmany things about the industry that I found somewhat shocking a fewyears ago 29 workers had died of dysenteryin the span oftivo weeks at onefarm because they were not provided with treated water. I aCso sifted through reports of women who had died in their early to mid twenties from complications from prolongedpesticide closure, women who coul-f 10 longer bearchildren due to prolonged bendingand breathing in chemicals. Sexual harassment, 10 to li fumr workdays- all for the pay of between $1 and $2 per day. I acknowledge that living in "Kenya is much cheaper than living in the US-, but even with this difference these are starvation wages that do not allow a reasonable standard of living. Sifter doing all on my preliminary research, I was then sent out to do fieldresearch in the area where most of the flowerfarms are located. I spent four days conducting interviews and focusedgroup discussions with the farm workers, inspecting the childcare facilities, and went 'under cover' onto the farms themselves in order to document the conditions. This workjwas really emotionaland a little hard for me to handle. I was introduced to a lifefardifferentfrom anything I couldhave possibly imaged, andhadthe unique opportunity to place my own issues into perspective. Most of the women that I spoke with were either my age oryounger, but hadalready gone through more stress andfacedmore indignities then I could even imagine. I learnedthat a typicaldayfor a worker meant getting up at between 4 and5 in the morning to either walkjn the darkj-o the flowerfarm or in some cases to be packedinto trucks with 100 other women in trucks that were only supposed to hold6o people, after working ten to twelve hour days, six_days a weekj. these women still couldnot save enough money to sendtheir children to school, eat anything other than simple meals andlive in cramped, unhygienic little rooms. In addition, many ofthese women werefacing very realhealth concerns where blurred vision, miscarriages, prolongedmenstrual bleeding, problems breathing,fainting, andstillborn births were common. Since 60% ofallof the farm workers were casual workers most hadno medical insurance, maternity leave, overtime benefits, andifthey were didnot show upfor workjhey ran the risk.of beingfired. At the Commission 'Paul worked on issues dealing with impunity. He didan enormous amount of research documentinggrave human rights violations perpetratedby 'Kg.nyan officials, andtried tofind some sort ofICTy Milosevich-style solution to the immunitygrantedto these criminals. Towards the end of the trip he engaged infieldwork_out in the "bush" where he investigatedtribal massacres allegedly sponsoredby thegovernment in an effort to alter electoral demography. The Commission had produced a lopsidedreport ofviolence onlyfiom the perspective of the victims. It was (Paul's job toget the perspective of the allegedperpetrators. Apparently it was a wildexperience. 9k attended a peace meeting between two ethnic groups that degeneratedinto afistfight between different parliament ministers; Jk hadhis camera confiscatedby the police for taking pictures of deadbodies; and interviewedallsorts ofinteresting people. Unfortunately, shortly after the trip he ended up in the hospital with agastro intestinal infection as a result ofeating some badgoat, butfortunately he was able to help the Commission adda new balancing dimension to its report. It was a lot to handle and I thinkjiue both felt overwhelmedand guilty when we were in thefield. The worst part about theguilt was the knowledge that we could return to the comfort of our own lives andcouldforget what we hadseen if we wanted to. This experience put our own problems into money or the uncomfortable perspective, and we both thinktwice before complaining about our amount ofhomeworkjwe have to do. 'We now realize how trivial these complaints really are in relation to real deprivation. Ultimately, the two months that we spent at the commission were incredibly rewarding and gave us the unique opportunity to witness a worldradically differentfiom our own. Although I could gloss �over the whole experience by saying that it was eye. opening and unbelievable, the truth ofthe matter is that much of the experience was difficult and uncomfortable. I thinkjt is ironic that when I ted people about some of the things that I saw that they say things like, "you ready know how hard life is forpeople "or "We dan't realize how lucky we are."Okay, yes maybe this is true to a certain extent, but I also realized how little I understandabout the world or why I have to dealwith issues as trivial as not being able to go away for Spring break^comparedto the inability ofworking families to provide enoughfoodfor their children. It's disgusting,embarrassing, anduncomfortable and I still don'tfully understand what it means to be treated as less than a human. Maybe 1saw some indignities, but I still can't understand what it is like not to have the security of my own life here in 'Buffalo. I don't thinkjhat I can ever understand what it is like. Sifter our intense experience at the commission, 'Pauland I hadthree weeks to travel; When our internship was over'Paul and I went to 'Ethiopiafor a weekion a whim andplanned out what we were going to do on the plane going there. 'Ethiopia is a very mysticalplace with its own specific history, and we wanted to jam as much into a week_as possible. We ended upgoing to the Queen of Sheba's palace, seeing where the Ethiopian's believe the arch of the covenant is located, and going to the mountainous town ofLalibela where there are an assortment ofrock-hewn churches that have consistently been in use for hundreds ofyears. We went during the rainy season with only a small backpackjbetween the two of us, andended up trekking through the clouds seeing the most amazing sights andnatural beauty that we had ever witnessed. This short description can't do it justice. Sifter Ethiopia, "Pauland I went Israel to meet up with his family and explore the country. Israel was an amazing place with so much history andI was anxious to see as much as I could. (Paul humoredme and didall of the touristy things around Jerusalem like float in the 'Dead Sea, climb Masada, and explore the old city of Jerusalem. Sifter only a few days ofbeing in Jerusalem, (Paul and I were returning from a day trip near the West 'Bankjivhen our bus broke down in East Jerusalem. Since the beginning of the intifada, tourism has gone down significantlyin this part of Jerusalem andthe local'Palestinian vendors are obviously sufferingfinancially as a result. Our bus broke down near the Mount ofOlives, so while our bus driver was attempting tofixit, 'PaulandI went with a few other backpackers to explore. One of the kids we were with was an 17-year-oldboyfrom 'Korea who didnot speakjnuchEnglish. When he was approachedby a vendor to buy a postcard, he responded that he didn't want one. The vendor kept on persisting andbecome more aggressive andhostile to the point where the 'Korean tourist nudgedhim slightly toget him to step away. This nudge infuriated the vendor andhe began punching the tourist in his face, breaking his glasses and bruising his eye in the process. I really do not know what wouldhave happenedif'Paul(by now the security expert) hadnot intervened. The context andthe quick_course ofevents that lead up to this were all very strange. One of the vendor's friends came up to us andsaid, "'He is not a badperson. Me is just drunkj. andhe does not know what else to do." I can'treally describe how Ifelt about all ofthis except that it stillfelt strange to see random violence, even in a violent place. Little did we know that at almost the exact time that this was happening to us in East Jerusalem, in West Jerusalem a man was walking into a pizza shop with a bomb strapped to his waist. Sifter our bus driverfixed the bus, we began walking down Sen Yehuda Street to do some shopping within a four blockjvicinity of the pizza shop. We saw people running, crying and a wellorderedrelief effort in progress. Ido not speak_9-lebTew andcould not understand what was happening, so (Paul walked into a shop to askjwhat the commotion was allabout. 9le walked out of the shop white as a ghost and said, "Slnother suicide bomb has gone offfour blocks downfrom here. So far, they have reported 9 people dead." �heartbreaking, THscovering that the suicide bomb hadgone off in the Sbarro was one of the. most to shocking, andugly things I hadever witnessed. Ihe mood ofthe city started compCeteCy change for in the air. It me andI saw the trucks fitted with soldiers enter into the area and noticed the helicopters was horrible andconfusing and after standingfor alO minutes in disbelief'Pauland I just walked end,fifteen civilians hadbeen away to chain smoke anddrinkjor the next hour while I cried. In the kitted, mostly women and children. <Paul wanted to stay in Jerusalem to lendhis support, but I to go convinced him that we shouldgo to Eilat andthen on to 'Egypt and spenda few days in Sinai handle staying in snorkeling in the fydSea and to stay in a 'Bedouin hut on the beach. I could not We hours. Jerusalem that Jerusalem after all ofthis hadhappenedand was stillin shock_afterfive to our busleftstation I saw a night on a bus that left at 12:30.!As we walked through the old city toget was scaredshitless. Oddly enough during my few random rockets in the air, heard a fewgunshots, andwalking out oftheir church, speaking greek. moment ofparanoia, I saw three to the to Myfamily isfrom Qreece andhearing this familiar language helped calm me down enough get be spent mindlessly on the beach in 'Egypt. bus station. I definitely needed the next are the ones Although there are many more stories that resulted from this whirlwind experience, those our lives to date. It that standout the most. It was the most confusing, yet enlightening experience of constantly tested the limits of what we couldhandle andleft an indelible maroon our perspectives towards the world. Even though we have been back/orfour months now, it is still difficultfor us to has us with understandall that we went through. 'However, we both know that this experience left be, andhas broadened our many more questions than answers about how the worldis supposed to outlookjowards our lives here in 'Buffalo. �THE OPINION WOULD LIKE TO TAKE THIS PAGE TO PERSONALY THANK THE SBA FOR DECORATING THE FIRST FLOOR LORRY. MAKING ANY PUBLIC PLACE A NON-DENOMINATIONAL HOLIDAY WONDERLAND IS A TUFF JOB. TO THOSE MHO ARE STILL NOT SATISFIED I SAY "GIVE ME A FREAKIN BREAK," A PERSON OF ALMOST EVERY RELIGION AT THE SCHOOL WENT SHOPPING FOR THE DECORATIONS OR WAS CONSULTED REFORE THE FINAL DECISIONS WERE MADE. ■ —*^s P Pal hbP'-.81 non-denominational holiday bush. 81. * < Hi, * , - •*•:. • .' �* -, I 9'm Bloh no! lights! AGAIN, GREAT JOB GUYS! �So, What Did We Learn Today at School? Matt Rich I originally had a different plan for this month's installment of my collection of irrelevant observations. However the last two days have compelled me to write about something different, something that I never really paid much attention to before. I'm sure my other idea will Keep until next month- £o here it is. As some of you might Know, I broKe my right foot playing hocKey. Two great revelations have come upon me as a result of this mishap. First, I should because all the suspense that remains in my hocKey games anymore is which of the never-wases liKe myself brought the beer for afterwards. (Who am I Kidding? I'll never quit. I'm too dumb for that, plus beer rules.) - more importantly, pve come to the realization that those among us with physical disabilities must find it an indescribable daily struggle to get around Oftrian Hall. As if it's not hard enough to be handicapped, it seems that the architectural genius who laid out our little corner of CJB decided somewhere along the line to maKe it extra difficult. To maKe matters worse, it does not seem to me that the current administration has done all that it can to correct this situation. Secondly, and The doctor told me that because of my injury, I would have to Keep all weight off of my foot for at least a weeK. Thus, I have had to use crutches to get around. This has allowed me to see that simple things that fuliy-abied people taKe for granted can be a tremendous burden for our fellow students with disabilities, for example-. & Ok, we all have our complaints with the current elevator situation. However, imagine how difficult it is when the elevators are the only way for some of us to get between floors at CBrian. I've had trouble navigating my crutches on to the now extra crowded single elevator. I can only imagine what it must be liKe to try to get a wheelchair on. & The entrances and exits to the building have been another problem. Only one door each at the front entrance, the entrance to the library, and the bacK entrance is equipped to open automatically. I've found these entrances to be too narrow for me with the crutches. Again, I have to thinK it's an immeasurably more difficult tasK with a wheelchair. 5 Getting around the most important part of school - the library has also proven to be a difficult undertaKing. First of all, to go up to the above floors one needs to go all the way the bacK of the second floor to get on the elevator a long trip that I can ten you I've come to dread. A trip through the stacKs and over booK bags at the second floor computers is not as simple as it seems. Furthermore, the aisles between the stacKs are not wide enough to safely navigate on crutches, much less a wheelchair. 6 The bathrooms are a giant pain too. The doors to the large ones on the first and second floor are way too narrow. I Know because I nearly tooK a header into the towel dispenser on the third floor the other day. The same goes for the bathrooms in the library, and when you combine that with the difficulty of getting up and down on the elevator, the tasK becomes even more arduous. Now, there is a unisex handicap bathroom on the seventh floor, but if you have to go bad you had better hope the lone elevator reaches you sometime before you graduate. £ Lastly parKing has to be the worst of all these problems. LucKiiy or uniucKiiy for me I haven't driven my car because I'm not courageous enough to worK the pedals with my left foot. Let's face it, for all of us parKing at QB is a combination of iuck, sKin at the cat-andmouse game, and straight up disregard for the safety of our fellow drivers in order to get to that last open spot in the jacK Quinn lot (and if you don't Know where that is asK him sometime). I have to guess it's an even bigger nightmare for those with disabilities. I notice Pto - - - - �every day that the two measly handicap spots in front of O'Brian and the spots along the road in front are always full. Is it the same deal for handicap spots as it is for regular ones - as in be here at 6:?5 a.m. or prepare yourself for the inevitable tour of the parKing lots looKing for a spot? 11 So, these are some of the problems. In all liKelihood, come next weeK pii have a nifty air cast and I won't have to worry about any of this. However that wont be the case for our handicapped classmates who have to deal with the aggravation on a daily basis. lot of the problems could be resolved fairly simply. First, tear down that monstrosity of a rotunda or foyer or whatever the hell it is at the front door. In its place put some nice, wide glass doors that can be opened automatically. It'll iook nicer and allow for easier access to the building. Similarly, program the automatic doors at the library entrance to open both of the doors maKing it a lot easier to enter and exit the library. Second, I suggest and I'll admit I'm not aware whether or not this is already done -that disabled students be provided with Keys to the library elevator in order to allow them to get on and off on the first floor. I Know, there are security reasons for not allowing all of us to do this (liKe one of us sneaKing volumes of the Supreme Court "Reporter home for pleasure reading), but pm sure something could be worKed out to maKe sure our disabled classmates resist this temptation. It would maKe it so much easier for people to access the library. Third, instead of dedicating only one bathroom in the building to handicap use, why not outfit them all with automatic doors wide enough to fit a wheelchair through without scraping any paint off of the doorframes? Fourth only two stinKing handicap spots in front of the building? Might it not maKe sense to remove the pristine rocK garden separating O'Brian and Baldy and add a few more spots? I thinK that a - - - It's funny what you realize when something affects you instead of someone else. O'Brian Hall is a building that was designed and constructed at a time when handicapped access was an afterthought. While minor modifications have been made over the years, the place is still pretty difficult to navigate. Our administration needs to taKe a harder iook at ways to improve this situation. And another thingif you only have to go up one floor, taKe the damn stairs. There are others who need the elevator more than you do. By the time you read this, hopefully I'll be on the road to recovery. Just do me a favor and taKe a moment to appreciate the ability to move around with relative ease at school. Then taKe a moment to consider the needs of others who do not enjoy this convenience. Perhaps with a little effort, CJB Law can maKe the situation a little easier on all of us. Aoo&uty fin aduicel TiJc <vte fane fo Aeifr. pinionadvice@hotmail.concr J / �CHANGE THE ANTIWAR MESSAGE John Haberstroh PREFACE: In late October I wrote a short piece on antiwar efforts in the US, which was seemingly superseded by events in Afghanistan. However, as the war there seems only stage one in the Bush administration's "war on terror," I think the ideas presented still need to be heard: The US devastation of Afghanistan has appalled many, but the anti-war movement remains insignificant. Hampering the peace movement is its now standard answer to the question, "So what would you peaceniks do about Bin Laden?" The typical antiwar response, offered by Ralph Nader recently, advocates a "move forward under international law to apprehend the criminals. This is an international crime and we've got to find ways to bring these criminals to justice." - I What's wrong with that answer is and the peace movement itself often emphasizes this point - that apparently there isn't legally convincing evidence for the guilt of Al Qaeda and Bin Laden in terrorist crimes. So, in the antiwar movement response to the Bin Laden problem, we envision his gloomy band of jihadists walking out of court free men. Such an image is a disaster for the peace movement, leading even naturally sympathetic Americans to reject its overall message. (Added later. Alternatively we could imagine a kangaroo court procedure like, say, 'secret military tribunals'.) A sensible antiwar response to Bin Laden's anti-American jihad must treat it as a war to which the US population has a right to respond. Only then should the peace movement add that our right to self-defense must apply only to those who are making war on us. Only Bin Laden and Al Qaeda, not the Taliban, not Afghanistan, and not the Islamic world. In addition, in every protest the peace movement protesters should proclaim the following: .„.,..: ■"' 1. Get Bin Laden! The antiwar movement must articulate a direct Bin Laden solution. Let's patiently track him down, surround his camp or his caves, and capture or kill the guy and his followers. With those we capture, we should put them in prisoner of war camps until we are satisfied they have called off their war. This contrasts sharply with the Bush administration approach, which is not focused on Bin Laden and Al Qaeda. 2. The Taliban is not our foe. Bin Laden has declared a jihad, not the Taliban, and he is the one seen on TV advocating war against the US. The disinformation is thick here but the truth, and the fact that the Taliban repeatedly has offered peace and negotiation, is an effective weapon too. The peace movement can add that the Taliban has already conditionally offered to hand over Bin Laden and continues to wait for the US to negotiate rather than bomb. 3. Respond to terror effectively. Peace protestors should not only point out that the current effort creates thousands of new terrorists, but also stress that an alternative approach would capture and thwart more real agents and acts of terrorism. For example, improved �intelligence and better informants will foil more terror than our bombs ever will. Improved intelligence gathering, as a practical matter, involves better relations with Middle East regimes, including so-called pariah states. If it gets smart, the antiwar movement should be prepared to expand, since the 'war on terror' will be here for longer than Americans want it to be, and increasingly will be seen as a pretext for real, but unpopular, motives for US military presence in Central Asia. Nevertheless, even as the pretext erodes the peace movement must still have an effective, targeted response for Bin Laden's jihad. Otherwise, Americans will think there is no alternative when President Bush speaks leisurely of "a year or two" before we capture him, and Secretary of Defense Rumsfeld muses as if in pursuit of the holy grail. POSTSCRIPT: In November I found a set of suggestions remarkably similar to mine, in an article by Professor Francisco Gil-White of the University of Pennsylvania ("The Strategic Case for Peace" at http://www.psych.upenn.edu/%7Efjgil/usfpolicy.html). As do I, Gil-White writes that his "are not the arguments of a 'peacenik.'" He adds, though, that "in the present case, war is the worst option, even if one limits the analysis to narrow American interests." In honesty, however, the arguments of Gil-White and myself are focused not on "narrow American interests," but simply on what Bush spinmeisters tell us those are. Bush spokespeople say those interests are fighting terrorism and promoting stable democracies. While there likely is little truth in that, the strategic case for peace (unlike the 'peacenik' case) doesn't rely on analyzing or divining what is 'really' going on. Instead we oppose those professed interests with a better strategy. This methodology is essential to presenting the public with an attractive, 'sensible' antiwar message. THE OPINION WOULD LIKE TO ADD THAT KNOWING If ■ gem 9 1 «L �The First Thing We Do, Let's Kill All the Lawyers By Tom Maxian Perhaps killing all the lawyers will make Eric Usinger happy. Mr. Usinger, the author of Never let elitism take hold at UB law, writes: "[i]f there were no laws, there would be no lawyers" and then proceeds to capriciously pigeonhole law students into four categories, offering no support for his conclusions. Well, Mr. Usinger, you forgot a category: hypocrites. Mr. Usinger says that "[l]awyers study the decisions of dead Anglo-white men, whose logic ignored the common sense approaches taken by most other great civilizations[]" and that lawyers ".. .create a system the rest of the world must follow[,] taking a salary from the need they created for their own work." (Emphasis supplied). What Mr. Usinger failed to say, however, is that he has accepted a position with white-shoe firm, a firm that pays a starting salary of $125,000 with a $40,000 non-discretionary first-year bonus. A soon-to-be attorney with a guaranteed first-year salary of at least $165,000 who finds offensive the practice of lawyers charging for their services is not only hypocritical, but also ridiculous. Mr. Usinger has situated himself alongside the nineteen year old from Beverly Hills who protests a meeting of the W.T.O. while wearing Nike sneakers and the vegetarian who attends an animal rights rally wearing a leather jacket. Furthermore, Mr. Usinger's "simple truism" that "[i]f there were no laws there would be no lawyers" is nonsensical. The statement inspires ridicule: no laws is precisely what Dick the butcher wanted when he said "[t]he first thing we do, let's kill all the lawyers", as he and his mates strove toward anarchy in Shakespeare's Henry VI. Is Mr. Usinger so naive as to think his fat paycheck would be safe in his pocket without the protection of laws? Inarguably, laws created by lawyers extended suffrage to all citizens at least eighteen years old; laws and lawyers forced Richard Nixon's shameful resignation from office; and the application of laws by lawyers brought Timothy McVeigh to justice. Moreover, laws born of the "logic" of "dead Anglo-white men" secured Mr. Usinger's right to opine in a public forum, no matter how poorly reasoned his argument might be. In addition, one can't help but question the integrity of a man who calls for what amounts to a society free of laws and lawyers while in the midst of dedicating three years of his life to becoming a lawyer. But wait, the conundrum does not end here. �Next, Mr. Usinger turns his sights on "elitist" law reviews. He asserts that law reviews "are factories, producing un-diverse chains of narrow-minded slaves." Mr. Usinger apparently takes this position based on his view that "[l]aw reviews do not look for the best and the brightest...", but rather predicate membership "upon a superficial writing sample and culturally biased quantitative assessments of academic merit." Mr. Usinger's opinion about law reviews naturally begs two questions: why did he participate in the case note competition? And why is he a member of the Buffalo Law Review? Even more interesting is Mr. Usinger's assertion that writing ability and academic performance are ineffective means to ferret out "the best and the brightest". It seems that assessing one's ability to read, apply legal principles, and formulate legal conclusions (academic performance) along with one's ability to effectively communicate on paper (writing ability) are logical and reasonable areas of inquiry when evaluating one's likelihood of success in the field of law. That most, if not all, legal employers request a transcript and writing sample from law students seeking employment further weakens Mr. Usinger's position. Moreover, do you think Mr. Usinger refused to submit his transcript and writing sample to his firm's hiring committee when requested to do so? Do you think he told the lawyers with whom he interviewed to accord little weight to his grades because they were "culturally biased"? Do you think he kept secret his position on the law review? More troubling than the irreconcilability of Mr. Usinger's words and actions is his belief that the ostensibly uncompetitive academic environment at UB Law benefits either the students or the school itself. First, the administration has eliminated only the practices that it believes foster competition while promoting competition on other fronts. Second, an insular, competition-free world within the law school setting is both ill advised and shortsighted. Had the administration really wanted to eliminate competition, it would have done away with its practice of evaluating LSAT scores and undergraduate GPAs when considering applications for admission. It could have saved itself time and money by simply accepting the first 250 applicants. Additionally, implementing the arcane H/Q grading system did little to eliminate competition. Rather than compete for A's, students competed for H's. Implementing a simple pass / fail system would have been more effective at eliminating competition. More importantly, fashioning a competition-free law school environment does little to prepare students for entering into the legal workplace. The American legal system is founded on the adversarial relationship of the parties. Our system of jurisprudence is competitive on its most fundamental level. Moreover, UB Law students compete for jobs with students from many other law schools. No GPA and no class rank make it difficult to measure a UB student's performance against that of a student from a school that does rank its students. �This, Mr. Usinger, is precisely the reason most students enter the law review case note competition: to make themselves more marketable and to level the playing field as much as possible, not because they are elitists. Whether membership on the law review better prepares a student for legal practice is open to debate; all that matters is what potential employers think: "I prefer that the applicant have had a responsible position on the law review, because I think law review is an excellent teaching device whereby one learns to organize, assemble, and develop one's ideas and to work with other people. Service on law review certainly does not teach one to write sparkling or even interesting prose, but it does teach one to organize and logically developone's train of thought." Chief Justice William Rehnquist discussing the selection of his judicial clerks. Membership on the law review, like everything else in the practice of law, is a strategy: put yourself in the best possible position to succeed. If you think a UB Law student's ability to compete in the legal marketplace is not an issue of concern, ask yourself why the administration switched back to the A/B grading system. Disclaimer: The Opinion reserves the right to edit or censor any personal or inappropriate material that may appear in our submissions. �WINGS OF GLORY: The Paul Sanders Story By Me#Needha*n/ Paul Sanders brought home another victory for UB Law last week when he took first prize at Buffalo Wild Wings chicken wing eating contest. At a pace of 20 wings in just over 4 minutes, Paul was clearly no amateur. Asked how he prepared for this grueling match, Paul credited his practice of continuously eating only as wings meals as the biggest help. He was no doubt also aided by the support of his team, including girlfriend Elena Gekas, roommate Luke Bassis and friends Mary Ognibene and Meg Needham. Elena gave Paul a pre-game backrub to calm his nerves. Luke, serving as Paul's manager, gave an inspiring speech and led everyone in a rendition of the Rocky theme song to further energize Paul. As Paul was called to the table, he engaged in a brief ritual in which he mimed eating chicken wings at an intense speed. Whether this was a last minute effort to practice or a means of intimidating the other competitors is unknown; either way it was certainly successful. For those onlookers unfamiliar with Paul's particular wing-eating skills, the match was fraught with tense moments. Paul started out relatively slow, steadily attacking each wing and chewing it to completion. He was careful to adhere to the requirement that the wings be 90% clean, a rule that his competitors did not necessarily take as seriously. For Paul, the number of drumsticks and the amount of meat on them was especially troubling. As an added distraction, jealous bystanders attempted to break Paul's concentration by calling out that he had a phone call at the bar. Paul, never one to lose his cool under pressure, calmly put down his wing, raised his middle finger in the air, and resumed the contest with renewed vengeance. The crisis was averted. Certainly the other bystanders had a reason to be nervous, once they witnessed Paul's signature move. If the drumsticks had presented a problem, the flat-type wings were Paul's crowning achievement. In a maneuver hereto unseen, Paul cracked open the wing, inserted it whole into his mouth, and removed only the bone. This strategy prompted the crowd (those not rendered speechless) to shout Paul's name in encouragement. The hecklers, obviously unnerved by this spectacular display, responded by chanting "Paul Sucks." Knowing that he was on his way to victory and that the kid next to him was regurgitating chicken wing meat Paul ignored them and focused on the last few wings. The tension was immense as Paul descended onto his final wing. Like Babe Ruth calling his home run, Paul lifted the wing high in the air as a signal to his competitors before finishing it off. The anticipation of the crowd was not lifted until Paul swallowed the meat and flipped over his empty container, ensuring his victory. His winning comment? "This is going on my resume!" When asked about his strategy in the contest, Paul gave credit to his team of supporters for motivating him to success. Luke put on an incredible performance of his own, keeping up a dizzying stream of comments to keep Paul in the game. Remarking that Paul was a soldier and reminding him of where he came from, Luke alone served to intimidate the other competitors. Along with his back-up team of Elena, Mary and Meg, Luke led the crowd in the Rocky theme song one more time. Luke's feat on the sidelines combined with Paul's prowess at consuming the chicken wings left no doubt who the winner would be that night. What prize did Paul receive for his glorious display? Not only was he the proud winner of a $5 gift certificate to Buffalo Wild Wings, he was also invited to participate in the tournament of champions to be held on December 3rd . Paul is aware that he is entering a new territory here and that some aspects of his game need to be refined. A strategy for the drumsticks, which served to slow Paul down, needs to be developed. Paul says that he intends to work on his technique, and is confident that it will be ready by game day. He is also certain to bring his secret weapon an empty stomach to deposit the wings. Certainly the stakes will be much higher at this contest; rumor has it that a ringer who inhales 20 wings in 2 minutes will be competing. The pot is also larger, however - Paul will win a $100 gift certificate if victorious, and take home $25 for simply competing. We all wish Paul luck in this new endeavor, and thank him for bringing the pride back to UB Law. - - - �Colonel Sanders psychs up, Rocky-style, with his crew Waiting in (and for) the wings On a wing and a prayer Victory at last! �Throwing out The Opinion can be hazardous to your � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Opinion, 2001-01-01 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. The Opinion no. 01.01.2001 Date Issued Date of formal issuance (e.g., publication) of the resource. 1/1/2001 Publisher An entity responsible for making the resource available University of Buffalo State University of New York at Buffalo Law School Language A language of the resource eng Type The nature or genre of the resource Newspapers Text Is Part Of A related resource in which the described resource is physically or logically included. LIB-LAW003 Rights Information about rights held in and over the resource <a href="https://rightsstatements.org/page/CNE/1.0/">COPYRIGHT NOT EVALUATED</a>. The copyright and related rights status of this Item has not been evaluated. Please refer to the organization that has made the Item available for more information. You are free to use this Item in any way that is permitted by the copyright and related rights legislation that applies to your use. This digital collection is made available for research and educational purposes. Researchers are responsible for determining copyright status, and securing permissions for use and publication of any material. Copyright for items in this collection may be held by the creators, their heirs, or assigns. Researchers are required to obtain written permission from copyright holders and the University Archives prior to reproducing or publishing materials, including images and quotations. For inquiries about reproduction requests and permissions, please contact the <a href="http://library.buffalo.edu/archives/">University Archives</a>. If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/0d7b30ed068724f83e59ed6e58e22bdc.pdf 889db318f874e85b932b79bef0871687 PDF Text Text Vol. 51, Issue #10 THEOPINION STATE UNIVERSITY OF NEW YORK AT BUFFALO SCHOOL OFLAW May 3, 2000 Visiting Professor to Teach IP, Econ Law By DavidAllen '01 A visiting professor will boost the University of Buffalo law School's intellectual property and economic-related curriculum this fall. Shubha Ghosh, an associate professor of law at Georgia State University will teach as a visiting professor of law at UB Law during the 2000-2001 school year. He will lead a course on intellectual property law and a seminar on Law and Economics during the fall semester, and in the spring will teach a copyright class and a seminar titled 'Antitrust and Intellectual Property.' "It will be a good follow-up to the fall Antitrust course," said Professor Peter Pitegoff, vice dean for academic affairs, about Ghosh's spring seminar. Ghosh holds a J.S. from Stanford Law School, where he graduated with distinction in 1994. He also holds a Ph.D. in economics from the University of Michigan. He has taught as an assistant professor at the Oklahoma City University School of Law, and was a consultant for the Mellon Foundation. While UB Law welcomes Ghosh in the fall, it will say goodbye to Professor Nancy Staudt, who will leave the school after the summer semester. Staudt, a tax law specialist, has accepted an appointment at Washington University in St. Louis, where she is currently BPILP announces Fellowship recipients The Buffalo Public Interest Law Program has announced the recipients of its summer fellowship program. The program provides a stipend for UB Law students performing public interest work during the summer. Recipients include: * Sarah M. Smith, who will work at the U.S. Dept. of Justice, Environmental Enforcement Section in Washington, D.C.; *Jana Kosberg, United Jewish Communities, Washington, D.C.; * Jennifer Hall, Rochester legal Aid Society, Rochester; *Kirn C. TCoski, Women's Justice Center, Pace Law School, White Plains, New York; *Kristin A. Brenner, Legal Aid Society, Prisoner's Rights Project, New York. * Jerry Turcotte, Attorney General's Office, Augusta, Maine; *Micheal Leventhal, Brooklyn Domestic Violence Court, Brooklyn, New York. In addition, the following students will receive the related BPILP-lOLA fellowships: Elisabeth Calcaterra, Legal Aid Society, Juvenile Rights Division, New York; Katie Land, Neighborhood Legal Aid Society, Buffalo; and Joshua Farrell, Legal Aid Society of Buffalo, Buffalo. Opinion elects 2000-2001 editors The Opinion recently elected its editorial staff for the coming school year. The 2000-2001 editorial staff includes Editorin-Chief David Allen, Managing Editor Joshua Roberts, Business Manager Jenny Almanzar, Layout Edi- tor John Llera and Art Director Jimmy Wang. All of the editors are also members of the paper's editorial board.Allen, Roberts, Almanzar and Llera will be third-year students next year; Wang will be a second-year student. Still open are the positions of news editor, features editor and photography editor. The Opinion is also seeking reporters and people to fill other staff positions. Anyone interested in contributing to the paper next year should contact the Opinion at 645-2147. a visiting professor. She will teach a federal tax course at UB Law during the summer before moving to St. Louis. Three other faculty members will be missing from Buffalo next year, either as in the curriculum. The most notable is the disappearance of the school's regulatory concentration. "It's on hiatus," said Pitegoff, who hopes to bring it back in the future. The concentration was doomed visiting professors or on fellowships. Professor Judy Scales-Trent has received a distinguished Fullbright fellowship to teach in Senegal next year. She will teach in Buffalo this fall before leaving. In addition, Professor Marcus Dubber has accepted a fellowship to teach in Germany next year, and Professor Frank Munger will be a visiting professor at New York Law School next year. Outside of the faculty comings and goings, there will be few notable changes when Professor Michael Meuer, who managed the concentration, left to take another teaching position at last year. "There are some new offerings. We're bolstering what's in place, building around concentrations," said Pitegoff. To assist students in scheduling, the school has posted a list of tentative spring 2001 courses on the third floor of O'Brien Hall, outside the R&R office. Pitegoff stressed that the course list is only tentative, and subject to change. Five to receive distinguished awards from UB Law Alumni Five graduates of the UB Law School will receive Distinguished Alumni Awards at the Law Alumni Association's 38th annual meeting and awards dinner, to be held at 5:30 p.m. May 3 in the Hyatt Regency Buffalo. The awards, established by the association's board of directors in 1963, recognize the valuable contributions that UB law school alumni have made to their profession and community. In addition, Paul Ivan Birzon, a partner with Birzon & Davis, P.C., and long-time faculty member in the UB Law School, will be honored for outstanding service to the community by a non-alumnus. Awards will be presented to: •The Hon. Rose H. Sconiers, '73, of Buffalo, who in 1993 became the first African-American woman elected a justice of the New York State Supreme Court's Eighth Judicial District, "for her conscientious and diligent performance in the judiciary." Sconiers and a panel of 12 advisors have been named to lead a community-outreach program to improve confidence in the fairness of the court system. A former member of the UB Council, she has held various positions, including assistant corporation counsel for the City of Buffalo, executive attorney with the Legal Aid Bureau and Buffalo city court judge. She serves on the board of the American Red Cross and is a trustee for Children's Hospital of Buffalo and St. Mary's School for the Deaf. • Kenneth B. Forrest, '76, of Roslyn, an assigning partner in the litigation department of the New York City law firm of Wachtell, Lipton, Rosen & Katz, "for his leadership by example as a private practitioner." A specialist in commercial litigation, Forrest has had a leading role in the nationwide effort to get judicial approval for a $200 billion settlement between various states and the tobacco industry. He is a member of the UB Law School Dean's Advisory Council and serves on numerous professional committees, including the committees on Federal Legislation and on Professional Responsibility of the Association of the Bar of New York City. In 1997, he received the National Kidney Foundation of New Jersey and New York Award of Excellence. His wife, Ellen, also is a UB Law School graduate. • Howard R. Relin, '68, of Rochester, Monroe County district attorney, "for his commitment to public service." Relin is nationally known as a legal innovator for his efforts in prosecutions involving drugs, domestic violence, guns and elder abuse. Through his leadership, Rochester was the first city in New York State to have a Drug Treatment Court, the second city in the nation to have a combined federal and local task force to prosecute illegal-gun possession and distribution, and thefirst upstate New York community to have a specialized elder-abuse prosecutor. Other innovations include a program established in Roch- ester City Court that gives special attention to victims of domestic violence. • Irving M. Shuman, '54, of Williamsville, a founding partner of the law firm of Gross, Shuman, Brizdle & Gilfillan, P.C., "for his many contributions to the betterment of our community." Shuman has been active as a community leader in Buffalo, particularly in the Jewish community. He is a past president and vice president of the Jewish Federation of Greater Buffalo and a past general chair of the United Jewish Fund Campaign. He serves on the Jewish federation's executive committee and has been chairman of several of its committees, including those dealing with Russian resettlement, budget and allocations, governance, project renewal, Jewish agency and the joint Kadimah and Federation Review Committee. Shuman has been a member of the boards ofthe Jewish Community Center, the Foundation for Jewish Philanthropies, the National UJA Campaign Cabinet, temples Emanuel and Shaarey Zedek, Jewish Family Service, the Bureau of Jewish Education, Studio Arena Theatre, Calasanctius School and the national Hebrew Immigrant Aid Society. He also has been active in the United Way. • John J. Nasca, '46, ofAmherst, a partner with Nasca & Nasca, "for his exemplary performance in business." Nasca, whose law practice is in Buffalo, is a director of Joseph Naples & Associates, Inc.; Los-Green, Inc.; the Community Council Western New York Partnership and the Kaleida Health System Council. He is a past director of, and has served for 25 years, on the Executive Committee of Fleet Bank. He also is a past director and executive committee member of Irvin Industries and a member of its subsidiary boards in England, Sweden and Italy; a past chairman of the Buffalo Area Chamber of Commerce, Millard Fillmore Hospital and the D'Youville College Board ofTrustees. In addition, he is co-owner ofthe Park, Buffalo and Transit Drive-In theaters and a co-founder of the Twin Outdoor Theaters and the six Twin Lakes Miniature Golf courses. • Paul Ivan Birzon of Attica, a partner of Birzon & Davis, P.C., "for outstanding service to the community by a non-alumnus." An associate professor of evidence in the UB Law School and graduate of Columbia University Law School, Birzon is a nationally known specialist in matrimonial and family law. He is a founding member of the U.S. Chapter of the International Academy ofMatrimonial Lawyers and the Western New York Association of Matrimonial Lawyers. He was listed by Town and Country magazine and in "Best Lawyers in America" for matrimonial and family law. Reservations for the dinner must be made by April 28. For more information, call the UB law alumni office at 645-2107. �May 3, 2000 THE OPINION 2 The Opinion Co-Editors in Chief: Peter De Wind & Dave A lien News Editor: Kevin Hsi StaffReporter: Peter Nicely Open Positions: Op/Ed Editor; Layout and Graphics Editor; Business Manager; Web Editor; Photographer; Reporters; Columnists. The Opinion, SUNY at Buffalo Amherst campus, 7 John Lord O'Brian Hall, Buffalo, New York 14260, (716) 645-2147, is published bi-weekly throughout the Fall and Spring Semesters. The Opinion is the student newspaper of the State University of New York School of Law. Copyright 1999 by the Opinion, SBA. Any reproduction of materials herein is strictly prohibited without the express consent of the Editor-in-Chief and piece writer. Deadline for all submissions is SPM on the Wednesday preceding publication. Later submissions may be accepted at the sole discretion of the editors. Submissions may be submitted at the Opinion offices, sent by mail to the above address, or placed in theOpinion mailbox located in the SBAoffice vestibule. Submissions should be saved on 3.5" disks in either IBM or Macintosh format as either a CorelWordperfect or Microsoft Word file and be accompanied by a printed copy. Disks labeled with a Lockwood mailbox number will be returned. Letter to theEditor Policy: while the Opinion will not print libelous or anonymous material, all submissions shall be printed entirely and exactly, provided they are signed submissions from a member of the UB Law community (students, faculty, staff, alumni). Submissions will not be edited without the author's consent. The Opinion in no way endorses the viewpoints of its variouscolumnists and contributors. EDITORIAL The Joke's On Us As part of the Opinion's annual April Fool's celebration, we ran a fake front page, complete with a falsified story claiming that UB Law would implement a complete self-study curriculum, in which students would bypass flesh-and-blood teachers entirely and downlload instructory videos off the internet or check out video courses from the law library. The humor, we thought, was in the concept's outlandishness. Little did we know. Less than a week after the Opinion hit the stands, USA Today printed a front page story about the opening ofDaniel Jenkins Academy, a completely cyber high school in Florida. The incoming class of 30 freshment plan to complete their four years of high school by way of their home PC's. School officials are selling the idea as an alternative for students who aren't thriving in a traditional educational environment.Many students can't maximize their potential, they argue, in the midst of overcrowded classrooms, busy teachers, school bullies and bomb threats. Just think, we're told, of students meeting their potential by building their school days around their strengths. They can plug in when they 're most alert. They can focus on a subject for two hours, instead of having to leave when the bell rings after 45 minutes. Or they can switch subjects before they lose attention. Ok, let's see if we have this right. A student can stay up until midnight, wake up at 10, play video games until noon o so, and then, wearing his pajamas, can sit down with a bowl of cornflakes in his lap and go online, picking and choosing what he'll work on and coming and going as he pleases. If I'm an employer, am I going to want this kid? School is more than academics. It's where kids learn socialization skills; where they learn teamwork, routines, deadlines. It's a microcism of the real world, where children build relationships, learn to be leaders, face their fears, make friends, play sports. Let's see a kid build a lamp in an online woodshop class. Or play dodgeball. Driver's ed wouldn 't be the same. Physical schools aren 'tperfect; far from it. But parents aren 't doing their children a favor by trying to sheltering them. Sooner or later htey will have to face the harsh reality of the real world, and cyberschooling only ensures they'll face it unprepared. LETRSHE O DITOR A Call For Mutual Respect Dear Editor: As reported in The Opinion, an unfortunate series of incidents has occurred in the wake of the March 22nd Student Bar Association meeting. While various accounts differ, a cloud of tension remains. We are saddened by these events and troubled by continuing expressions of anger, including ad hominem verbal sparring among several law students. We urge all students, staff, and faculty to help foster a positive learning environment hereand to respect the dignity of others. Anyone who disagrees with or is offended by the actions of groups or individuals in the Law School should address these issues directly and constructively with those persons*involved. Any student may address specific concerns to the Associate Dean for Student Services. Diversity is a signature strength of UB Law School. As the semester draws to a close, we call on all members of the Law School community to reinforce this strength - with cooperation and mutual respect. Sincerely, Nils Olsen, Dean Peter Pitegoff, Vice Dean for Academic Affairs Melinda Saran, Associate Dean for Student Services The Opinion wishes everyone a good summer. �May 3, 2000 THE OPINION 3 A few words from your SBA President-Elect By Emilio Colaiacovo '01 I wanted to take a brief moment to thank everyone for placing their trust and confidence in my abilities by electing mePresident ofthe Student BarAssociation. While everyone keeps trying to convince me what a difficult task it will be, I am looking forward to working with everyone and having some fun. As always, if you have any suggestions or ideas, please let our office know. Because I think the President has a tremendous responsibility to represent and serve the law school community, I hope to use this column next year to keep everyone up to date on what the SBA is doing and what we are planning for each month. Increasing attendance at bar nights, lectures, conferences and other events will be something I will diligently work on with my executive board through- COMMENTARY OBSERVATIONS ON JOB HUNTING by Kevin Hsi '00 Everybody has an opinion about the job search process. The bottom line is that most of us don't like it. Nonetheless, given the anxiety that many law students seem to go through with job searches, here are my two cents on what I've learned over the years about job hunting. (1) Getting a full-timejob as a lawyer is never as easy as you think regardless of what your credentials are just ask some people on law review. (2) On the other hand, don't be ashamed of not having a summer job or a full-time job at this point in time - everyone will eventually find something law-related, depending on how flexible and open-minded they are. (3) Geographical flexibility is often very important when it comes to job hunting. (4) Always do some actual research on a job that you have any interest in - it'll make thtrinterview that much easier when you do get one. (5) The quality-of-life in all law schools will probably bebetter if corporate law firms, honor programs, and clerkships didn't always try to hire people so early in the fall semester (i.e., at the end of the your first or second summer). (6) The legal profession isn't as large as people might believe, so networking is crucial. However, it's always best to network in a manner that you're comfortable with (both socially and ethically) but always try to avoid F.I.S. (First Impression Syndrome) when networking. (7) It's sad but true - there is a pecking order when it comes to law schools but it's definitely not as bad as many students at U.B. may think (unless you're trying to apply to the U.S. Supreme Court). Self-confidence and school pride can go a long way. (8) As many people have told me, a fair number of legal jobs are either highly unpleasant and/or highly overrated to begin with so choose carefully if you can (9) To all lLs: law review, moot court, and high grades are definitely not the end-all, be-all for just about any job. If they were, there's a good chance that you wouldn't really like that kind of job since such the use of such criteria is somewhat superficial to begin with. (10) Finally, as my father has taught me, it's better getting a job that involves doing something that you like so you can do it well rather than getting a job that involves doing something you don't like and doing it poorly. P.S. I'm not going to say "be yourself because you really have to "know yourself first in order to "be" anything. Good luck! - out the year. Yet, there are so many other things I hope to do, and with your permission, I would like to briefly outline them for you. I spoke with Melinda Saran, Associate Dean for Student Services, about what we can do to improve student relations here at the law school. I am sure most of your read last week's rather large article that concerned SBA. I was disappointed with the tone and manner a student used to express his discontent. While we may not always agree with what others say or do, there are appropriate ways to voice such opposition. We need to engender a greater respect for one another. I hope that next year, we can introduce certaineducational components in the curriculum that addresses these concerns. Also, I want to work closely with student clubs and organizations. In order to better promote events, our ex- ecutive board needs to be in tune with what clubs and organizations need. As an executive board, we plan on attending meetings and working closely with officers and advisors. Since clubs and organizations afford students wonderful opportunities to learn and gain experience, I think it would be entirely constructive for the SBA to play a part in assisting these efforts. This year's executive board has done a tremendous job. Whether it has been improving facilities or working with the administration to help students, this year's executive board definitely leaves behind big shoes to fill. I cannot say that everyone will agree with what the SBA does. However, I can assure you that no one will work harder for students than the SBA. I encourage everyone, no matter what the problem, to come and talk to us. We need your input for this law school to succeed. A firsthand lesson in civil disobediance By Charles Cobb '01 As my wife, a friend, and myself exited a metro station in Downtown Washington D.C. last Sunday, we immediately became aware of the magnitude of what we were about to do. Overhead a police helicopter hovered loudly and in the distancethree more could be seen. As we walked toward the Ellipse we saw dedicated activists participating in civil disobedience, in the tradition of Ghandi and Martin Luther King Jr., by blocking an intersection with linked arms and chanting words of solidarity, while others participated in creative street theater or musical acts using nothing more than garbage cans or plastic buckets. The sun was out on a day when rain was predicted and there was not a cloud in sight. Though, the sight of rows and rows of police in "robocop gear" and the deafening sound of the helicopters was certainly frightening, the festivity and dedication ofthe activists reassured us that collectively we would be safe and we would be heard. We walked around the Ellipse to the intersection of 17thand E Sts. where more activists were linked armin-arm in a showing of courage and solidarity. An elderly man, (at least in his late 70's) stood at the end of the line linking arms with a green-haired twenty-something girl with about thirty peircings in her face to his right and a middle aged man wearing khakis and a SEIU Tshirt to his left. The elderly man was tired, small, and frail (he could not have weighed more than 120 lbs.), so much so the others seemed to be holding him up. Yet, he had one of the largest and most beautiful smiles I have ever seen. He exuded hope, youthfulness, and courage that clearly energized those around him. And that energy would soon be challenged in the most brutal fashion. The police had been guarding a gate behind the line of protesters. Shortly after I arrived they opened the gate to allow an unmarked mini-van to pass through. Inside the van a uniformed woman was driving and the only thing obstructing her progress was the human wall of demonstrators. The van approached the line and slowed down appearing as though it would stop. The activists tightened their grip determined to hold their ground. Then it happened - it was possibly the most terrifying and yet powerful experience ofmy life. With tires squealing, the van crashed through the line scattering human beings like bowling pins. The screams and faces of the demonstrators on the line and those on the side of theroad were starkly contrasted with the blank faces of the squad of mounted police lining the street. Luckily the van's wheels did not run over the legs or heads of the prone protesters. Most ofthem were knocked several feet into the air and away from potential injury or death. National Lawyers' Guild legal observers mobilized quickly to take down statements. People from the side of the street ran to reform the barricade as people helped the injured off to the side. So many people ran to solidify the resistance that instead of 40 protesters blocking the intersection, there were now over 300. People sat down and chanted "We're not violent how 'bout you?!" to the rows of police in front ofthem. The response from the police was that they put on large gloves and gasmasks, effectively conveying the message that they were about to "gas" the demonstra- This resulted in even more demonstrators sitting down and joining the chant - with the elderly man in the middle of it all yelling with all his might. It should be noted that the van never stopped and the police at the scene did not move to help the injured. Regardless of whether or not you agree withthe protesters' views (I am willing to bet none of you even know what those views are especially if you have been reading or viewing the mainstream press), as future attorney's you have to and must be appalled! The authorities did not give the demonstrators a warning to disperse, breakuptheline using non-lethal tactics thatkept physical harm to a minimum, or simply detain them! It was an obvious move to harm and intimidate. This is disgusting. And if any of you feel otherwise then you are either discriminating against someone because of his/her views or you are simply hypocritical in your pretence of being conduits of justice as future lawyers. But the revulsion does not end here. Early Saturday morning, the police raided the protesters "convergence center." The convergence center was a house that the protesters were using as a check-in sight and nerve center for the immense effort that they were planning. There, artists worked on monstrous puppets that would be used at the legal rally and parade, they planned parade routs, and they coordinated the civil disobedience. First the fire department entered the house saying that they were kicking everyone out for "fire-code violations" because of the existence of paint-thinner (used to paint the puppets and signs). Noting the obvious pretext of this pre-emptive strike the protesters refused to leave to which the fire department responded that if they did not leave they would call the police to remove them. And how convenient for the fire department that the police were right outside! The police came in and confiscated all ofthe materials in the house, including the immense puppets, signs, and food. Later the police noted that they had confiscated materials that the demonstrators would use to make "home-made pepper spray." This was an obvious lie that any reasonable person woulddetect. First, thedemonstrators in the house were all dedicated to nonviolence. Second, why in the world would anyone use pepper spray against armored clad, gun toting, gas-mask wearing police? It would make no sense! Effectively this usage of "prior-restraint" under the guise of a safety inspection is just plain insulting and unlawful. Finally let me elaborate on one last illustration of the disgusting tactics of the authorities. Sunday's protest had two facets: 1) a legal rally where speakers and musicians energized thousands of demonstrators; and 2) direct action intended to shut down the meetings using civil disobedience. The protesters obtained a permit to have a legal rally on the Ellipse. Yet, the way it was arranged by the police, there was only one way in or out of the "legal area." The rest was fenced off. More than a few people addressed fears that once everyone was at the rally, the police would block the only way out, essentially sealing people in. The showing of dozens of mounted park police and unmarked riot police on the other side of Constitution Aye supported this fear. At about the mid-point of the rally, the mounted police began to march into the legal protest area. Protesters responded by gathering to block their progress. Everyone tors. - (Continued on Page 6) �4 May 3, 2000 THE OPINION Reflections upon a law school career David H. Hawkins '00 fiancee (Teresa Lampley) for without her none of this could be possible, friends and I arrived in Buffalo, New York in late oh yes the Canadian ballet. What I found August 1997, which is the first time I had here at law school was unexpected. I found a surrogate family that cared for, fed and ever been in this part of the state. The sumloved me. Not for what I could do for them, mer weather, fresh air, blue skies and rolling green lawns made the campus appear not for my intellectual acumen, not for what serene, an idyllic atmosphere for learning I had achieved prior to coming to law school, the law. I knew the Lord had this place in but they loved me for me and nothing else, mind for me, because I could not concen- and for that I say thank you! I was blessed trate on learning the law, if I had remained during my time here to meet many people; in New York City. This was a bittersweet a few of whom I can be blessed to say are moment for me, because I would be leavmy friends, who will be in my corner and I ing behind my family, loved ones and in theirs for the remainder of our lives. friends. But I would also leave behind the I was afforded the opportunity to go children I had been working with who are overseas to Johannesburg, South Africa my in the foster care system that I grew to love first year, and work for the South African and who in turn loved and depended upon Human Rights Commission. I had always me. However, I knew that the Lord had wanted to see the continent of my ancestors. placed it upon my heart to work for the poor I was given this opportunity by the Lord who and disenfranchised by effectuating change put me in contact with a man among men, in their lives and communities. This was the Professor Makau Matua. This intelligent, ideal place from which to commence my gifted, gentle, and genuine man gave a first dreams and achieve my goals, considering year student whom he did not know, put his that this school is considered to be the best reputation on the line to recommend me for the job. I don't know many people who school in the state for public interest law. The first person I was introduced to, would put themselves and their reputation that would set the tenor for my first year in on the line, in order for a student to fulfill law school, was an attorney who was a his dream of helping the poor and disenfranformer drug addict and alcoholic. I said chised on the continent of his ancestors. To wow! The school sure knows how to sell him I say thank you. You have been there this concept of becoming an attorney, be- for many of us the last three years and we cause going through law school will drive appreciate all ofthe time and effort devoted an individual to take substances which will to us. alter reality. Getting past this I said wow, I I returned to law school from South am finally fulfilling my dream, and I was Africa, stronger, my focus reaffirmed, with caught up in the mystique oflaw school like a renewed sense of purpose and direction. many other lemmings being led to the My second year in law school was going to slaughter. The best piece of advice I re- be quite different from my first. Instead of ceived while here is "Don't let the bastards being an anal-retentive basket case, whose get your head." I didn't know what that entire focuses and being is wrapped up in meant at the time, but as I traveled this road the law school mystique, I removed myself during my first year I found out. Please al- from any and all negative influences. The low me to digress, one problem first year negative influences I refer to are the sostudents have is that they get caught up in called friends you make during your first what I like to call the law school superioryear, that are not there for you in your secity complex. Where this institutionbecomes ond year. A social Darwinist approach bethe end all and be all for them, this valigins to form and take shape, whereupon you dates their entire being. First year law stu- are no longer useful to them and therefore, dents believe that they are on the top of the you are devalued, disclaimed and discarded. food chain and that everyone they come into These individuals then take on the persona contact with should pay homage to them in (once they make an assortment of moot court some way, shape or form. Well get over boards and journals) that they are better than yourselves, this is a process, not a determi- you in all aspects are, whereupon, you are nant. "...Law school is good for what it not worthy of their precious time. When in does..." as was told to me by an esteemed fact these people are actually phony, insejudge. This institution gives you the tools cure individuals not worth your time, trust you will need to be a practitioner of the craft, or compassion. This new perspective helped but this process does not determine what me decide that; I would "circle my wagons" type of practitioner you will be in the fu- and value the true circle of friends I have ture. Remain focused on the Lord and be accumulated that are genuine in their feelgrateful that he in his infinite wisdom has ings and actions. I knew I had to be a proactive instead given you this extraordinary opportunity, and focus upon his purpose for you, and of a reactive person. I knew that this parwhat you should do with these tools. Get ticular stance would offend many individuout of your comfort zones take a stance on als, who thought I was someone who would issues, challenge authority don't worry not rock the boat or make waves, WRONG! about how people will view you, you can't I was the newly elected president of the please everyone nor should you try. One Black Law Students Association, I decided thing I can guarantee is that everyone will that the organization must become more inrespect you and know where you stand, volved within this institution in order to efdon't remain cowards. fectuate change as well as, to garner some 1 too was guilty of this until 1 learned much needed respect. This approach worked that this is not healthy for you mentally or well in my academic life, and almost as well physically, this cause you to become jaded for BLSA. Many things we planned were and disenchanted with the institution and accomplished, many were not, but all in all the profession. I soon learned what the we were part of the solution instead of beaforementioned "bastards" quote meant. ing part of the problem. This is the point After 1 came to realize that I had to have a where I would like to thank my administrabalanced academic and social life, law tion for all of their hard work and effort. I school became quite enjoyable, dare I say also decided that I would continue to be as even fun! It became fun because I made use confrontational in my second year courses of what other law students fail to use their as 1 was in my first year courses. This parsupport systems. My family, my former ticular stance of course did not make people happy, I was attacked, but unlike many others I decided to fight back. The true measure of a man is not his courage to take a stance while in a crowd; a man is measured when he can stand alone in the face of adversity. I also fought for others who were unfairly attacked for their particular views and their ethnicity. I live by the quote "tell the truth and shame the devil", if this makes people uncomfortable, that's just too damn bad! We all need to be removed from our comfort zones in order to achieve change on innumerable fronts. That's one of the problems we have in this country we all want to compromise ourselves so that we don't offend anyone, even if it is to our mental and physical detriment. In my last year at this fine institution, I reflect upon all of the good times I've had while, also reflecting upon the lessons I've learned, all in all I can say this has been one of the best experiences of my life. But by far the best experience I have had in my short life is experiencing the birth of my lovely daughter, Giselle Ashley Hawkins. Fourteen months ago I was concerned about effectuating change in the lives of others, but my true purpose in life, which is a beautiful gift given to me from God, that is the responsibility ofraising, nurturing and loving another human being. She has taught me the meaning ofunconditional love, and for that I am thankful. I must take this time to give honor and praise to my Lord and Savior Jesus Christ, for without him, truly none of this would have been possible. He heard my prayers and delivered to me these gifts. The times when I would worry about jobs or a class, he would ease my fears, and not allow me to focus upon negative influences. The Lord also removed negative individuals from my life, for which I am grateful, because this law school as well as society in general is filled with these jealous, destructive and deceitful human beings. But I know "No weapon formed against me shall prosper", it won't work. This year has been relatively uneventful, except for th£t fateful March SBA meeting. I have been asked, "If you had to do it all over again, Dave would you?" Yes I would. Certain things need to be said, if that makes you uncomfortable, then maybe you should do some introspection, instead of becoming offended. There are certain times in my life where I am wrong on many different issues and I will be the first to admit this. However, upon the SBA matter, I know I am not wrong in this instance. There was and is a larger issue involved here and I am not afraid to stand by my principles. I will be the bigger person and make a last ditch effort to salvage our relationship or what is left of it, to the two members whofeel they have been offended. The ball is in your court if you wish to reconcile, if not may God keep and bless you on your To my apathetic, disinterested third year colleagues before you go out into the worldask yourself, will I make a difference in society, or will I be just another indifferent, complaining, conciliatory parasite making my living off the various plights of the masses. If you find it fun to go "backward up the cheesegrater" all for the pseudo-fulfillment of "bowing at the alter of materialism" then go right ahead, but this is not my calling. When we return to this beloved institution in ten or twenty years what will we be able to say for our careers, that we made a difference or that we accumulated a lot of really great stuff! Do not get me wrong I like stuff like the next guy, but will that really fulfill me. When I approach the "pearly gates" and St. Peter asks me what I did with my life, I don't want my reply to be I fucked over a lot of people, clawed and connived my way to the top, made a shit-load of money and accumulated a lot ofreally great stuff! Finally, I would like to thank my Parents whose undying love spirited me through my academic career. Grand mothers, Grandfathers, aunts, uncles and cousins for the undying support in my academic life. To my Grandmother Gussie M. Hawkins, what more can be said than thank you so much for everything. To my Aunt Sedera and Uncle Eldred thank you for all of the care packages and financial support. To my Aunt Armentha, who has been my inspiration for so long, and who has been in my corner without hesitation thank you. Finally to Teresa Lampley, who has been with me through three degrees, all ofwhich are half yours; to you I say thank you for everything. I will always love you! I also thank you for giving me the most beautiful gift in the entire world, our daughter. To my cadre of close friends, Tony & the Tribe, Angela & Adrian Jones, Will Marsaw, Jenny Lancaster, Jenny Almanzar, William Hankerson and Kevin Hsi thank you for your love and acceptance of me with all of my faults and frailties, and for not trying to change me or discourage my actions. To anyone I have left out please do not be offended, I cherish you all and do not think I take you for granted because you were not mentioned. Much love to all and farewell. �May 3, 2000 THE OPINION 5 UB Law grad part of Skakel defense team DavidAllen '01 member of the ÜB's Criminal Law Review, Seeger believes it is his legal research and writ- Just two years out of school, a UB Law is playing a major part in what will likely be ing skills that attracted the attendion of the defense team. "The written work is key," Seeger said. A native ofTotonto, Seeger moved to Connecticut after graduating UB Law in February 1998. Since then, he has made headlines with a pair of high-profile cases. In August 1998, Seeger filed a class-action suit against a mall and towing company for immobilizing illegally parked cars with metal 'boots,' and forcing the drivers to pay a hefty fine before releaseing the vehicles. Last year, Seeger filed suit against Con- coined, at least briefly, the 'trial of the new millineum.' Stephan Seeger '98 is part of a legal team defending Michael Skakel, a nephew of Ethel Kennedy, charged earlier this year withthe 1975 murder of a teenage girl "The mediaattention is crazy," Seeger said about the case, adding that a recent court date had attracted more than 100 reporters. Seeger, who practices law in Connecticut, was recruited to work in the case by cohorts of lead counsel Micael Sherman. They were familiar with Seeger's work from trying other cases against him, as well as from his work in a pair of recent high-profile cases. Skakel, who was 15 years old in 1975, is accused of brutally killing Martha Moxley, a 15-year-old girl with whom he socialized.They both lived in the same exclusive neighborhood in Connecticut. Seeger's current role is researching Connecticut's statute of limitations; the defense plans to argue that the state's 5-year statute of limitations covered class 'A' falonies at the time, in which case Skakel could not be tried.A former necticut on behalf of a man who had been listed on the state's internet list of sex offenders. Seeger argued that the site's wording implied that his client, as well as all those listed, were dangerous. He lost the case, which went to the U.S. District Court, but changes in the site's wording to prevent futur suits are being considered. He expects to have better luck in the Skakel case. "Everyone on the team is convinced the evidence is weak," he said, adding that if motions to dismiss are rejected, the trial will probably be held this summer. UB Law grad Stephan Seeger '98 HUMOR Making Sense of the Census Jason Davern '00 The dawn of a new millenniummarks the first time in my existence on this planet that I have personally received a census form. I gazed at the envelope like someone has just handed me a shovel full of dog excrement. With enormous trepidation, I notice the bold-faced type on the envelope reading YOUR RESPONSE IS RE- QUIRED BY LAW." " What the heck am I supposed to do with this alien form? Is it possible to ignore or delete this like junk mail, parking tickets, or a course syllabus? Despite my irritation and confusion about this form, I do comprehend the magnitude and absurdity of this whole process. It has been said that only about 50% of households in Western New York have sent in their census forms to date. Perhaps 50 percent of those households have simply "vanished" from Western New York since 1990 and have since "relocated" to points south or west. I personally do not know of any individual in the past century who has voluntarily come to Western New York and spent the rest of their lives here. Perhaps the lone exception is President William McKinley back in 1901. At the very least, if you come to Buffalo and exit in rather unfortunate circumstances, you will get a nice Washington Monument style remembrance that basically amounts to a "Sorry About That." As I open the form, the Department of Commerce cheerfully writes that this census form is "quick and easy, and your answers are protected by law." Unfortunately, I regret to point out that there is nothing quick or easy about this process. It ishighly dubious that the informationfurnished will in fact be kept private and used for lawful purposes such as gouging citizens through the tax code, facilitating useful "pork" such as bovine flatulence research, and preserving the status quo of the vested interests. Anyone who wants to take a blind leap of faith and trust the government should immediately cease all current activity and check the sky for flying pigs, (especially the "pork" around the legislative epicenters). As I scan the pages, I am so thoroughly annoyed that I enthusiastically shift my attention to the 1040 EZ in a valiant effort to further "master the art of deduction." It is now time to dive into theFederal Census and attempt to comprehend it. The first question asks how many people are living in your household? This is very tough to answer. It varies from hour to hour and week to week. One roommate has since passed the bar exam and moved out to become a Swiss Guard at the Vatican. Another pays rent but is never here.What about weekend guests and ladies who come and go? Is it my civic duty to brag and inflate those numbers so that poor distressed Western New York can receive some more federal pork and maintain the same legislative delegation that passes bills without reading or comprehending them?The classic "more questions than there are answers" dilemma. The other major items on the census form pertain to so many persons and ethnic andracial options. This section frightens me. What if a small child gets their hand on this form and lists his "household" as comprising 90 million people? He could be eligible for his own militry base. If that child making such a disastrous error happens to be Elian Gonzalez, that would give him and his Miami relatives the resources to launch another Bay of All he has to do is say that he has another 90 million drunk uncles and cousins and then there should be sufficient aerial cover this time around. The census form further inquires into how the persons listed on the form are related to eachother in question #2. Appropriate categories to check are husband/wife, child, adopted child, sibling, grandparent etc. I obtained a secret copy of the Federal Census for Mississippi and the categories for relationship with spouse include: sister, uncle, cousin, mother, father, son, daughter, or pet. Also this fom lists Spouse's name, Second Spouse's Name, Third Spouse's Name, and Lover's Name. The Mississippi form also asks about the number of children living in the household, shed, number that are "yours," mother's name, father's name (leave blank if not sure). Another interesting aspect of the Mississippi form is that itasks if you "have a gun rack?" The appropriate categories to check are "yes," "no" and if "no; please explain." Finally, it is worth noting that the Mississippi form inquires about the number of times you have seen a UFO, the number of times in the last 5 years you've seen Elvis, and the number of times you have seen Elvis in a UFO. I will now do my best to make sense of all of the ethnic categorization options available. In the interest of providing entertainment and specificity, I will put in my own ethnic variations. I changed the categorizations on my form to the following: Samoan Salmonella, Vietnamese Ho (sung to the tune of Billy Joel's "Goodnight Saigon") Native Hawaiian Tourist, Japanese Emperor, Chinese Nationalist, Filipino Marcos, Korean DMZ, and Pacific Islander "Lord of the Flies." There are so many groups left out too. What about Mardi Gras Reveler, horny and crooked politician,or "learning disabled Norwegian of Alleutian descent?" I look forward to seeing what new categories the federal government can come up with for the 2010 census. For those of you who have not completed your census forms yet, don't worry. The federal government will find you and be at your door bombarding you with questions on a Saturday morning when you are coddling a hangover. If they ask for your social security number and too much personal information, just shut the door and go back to bed. You can always write about it later. �THE OPINION 6 COMIU NG P Learning About Law, Learning About Life: Reflections from a 3L Kevin Hsi '00 game cook out featuring a chtcken bteast sandwich, choice of hat dog or hamburger, pasta or tossed salad and soft dnnk In addmon, North Aroericare Park bow features a B»soa *s kids' zone, special There will aslo be rueworfcs after the game.Everyone OL"s. ZLs and lL's, faculty) and their family are invjted. See Kelly Zuch Civil disobedience (Continued from Page 3) from black-clad anarchists to conservative union members rushed to the back of the rally to prevent the police from progressing any further into the legal rally. The mounted police attempted to force their way into the crowd but the protesters bravely stood their ground. I was with a 65 year-old ex-nun who I had worked with at the Institute for Policy Studies. She rushed to the front lines of this conflict to prevent the police from abusing their power. There was a standoff for about ten minutes with the protesters again chanting "we're not violent how about you?" and the police screaming at the protesters. Finally one of the cops unleashed a large dose of pepper spray into the crowd which my wife and I got a fair dose of. Yet the protesters did not move and forced the police to back off. It was quite a moment of power for the demonstrators yet it does not erase the despicable acts of the police trying to encroach upon a lawful assembly. These were only a few of the many horrific acts I witnessed during the day and they spawned a powerful anger in me that is unlikely to leave anytime soon. My experiences also fostered this question: what use is the law when it is irrelevant in a situation of public dissent (which is essential to a working democracy) and basic fundamental rights are blatantly ignored? I now realized that the Constitution can be violated by those in power (who are precisely those who the framers wanted to curtail) if it is decided that they need to suppress views that could upset the status quo. What can the law, or specifically we as lawyers, do to prevent this? The answer is absolutely nothing. Maybe five years down the line a court might rule that the police's actions were wrong, but the objective was accomplished - democratic dissent was disrupted (even though the demonstration was overwhelmingly successful). This country has not yet learned from past mistakes such as the Sacco and Venzetti trial, Civil Rights demonstrations, and the Kent State shootings. Ironically, every protester there was fighting to insist that the three most powerful organizations on the planet, the IMF, WorldBank and the World Trade Organization be democratic and thus accountable to the people. All three Organizations affect every single person on this planet, yet they are not answerable to anyone. Do any of you know who the U.S. representative at the WTO is? Probably not, yet this body has overturned laws that our Congress and several state legislatures enacted through democratic processes. Contrary to most published news reports, a majority of the demonstrators were not against "globalization" per se, rather they were against corporate rule over this process which negates democratic processes. And the effects are devastating. Many third world nations are forced to utilize up to 70% of the GNP to pay just the interest on their debts! Thus there is no way that these countries can ever adequately feed, educate, or provide adequate health care to their citizens. Compound this with the fact that conditions are placed on these loans that force these countries to build dams that displace rural citizens, export lumber that were once parks and habitat for humans as well as animals, and cut social spending! This movement is leaderless and limitless. It took hundreds of years of struggle to finally have a country to separate church from state. We now have a movement that is advocating for a separation of corporation and state. History has bestowed us with the great honor of pursuing this goal. I am encouraged by the knowledge that conservatism has always been on the losing side of history because history is inherently progressive. I will forever carry the image of the elderly man with me wherever I go with the hopes that I can live up to his example and show as much bravery as he did when the time calls. I hope to see some of you in Philadelphia in late July and at the Republican national convention and in L.A. in August at the Democratic convention. We will show our elected politicians what democracy is all about! May 3, 2000 As a 3L who will be graduating next month, I want to take this moment to reflect publicly on some of my experiences and observations during my three years at U.B. Law School. To me, going through law school was like being on a roller coaster ride. It was remarkably fast and exciting and filled with more ups and downs and twists and turns than I could have ever imagined. Yet in the end, that roller-coaster ride through law school was also a lot of fun. After all, learning and having fun need not and should not be exclusive from one another. Therefore, to extend the roller coaster ride analogy further, the enjoyment that I got from what could otherwise have been a very nerve-wracking experience was made possible by my attitude while I was in law school. Speaking of attitude, I feel there have been many recent events in the law school that seem to be affecting many students negatively. Simply put, I sense that there are a lot of "bad vibes" in the air and that they go beyond the daily pressures that all law students face. Instead, I am sensing a strong feeling of detachment and disillusionment among many students when it comes to interacting with their peers and perhaps, with the law school in general. Cliques are still common but even more people seem to be going their own separate ways. Also, social interactions between students, faculty and theadministration seem to be declining as well. Most disturbingly, there are also some hidden and some not-so-hidden racial tensions in the air as more and more people of color struggle to define themselves both with the majorityand with one another. Interaction among the three classes (by this I mean lLs, 2Ls and 3Ls) seems to be limited as few social events inside or outside the law school seem to be able to draw much of the law school community together. The reason that I feel the need to mention all this is that my own experience when I first came to U.B. Law School was rather different. For example, here is an excerpt from a article that I wrote for the Latin American Law Student Association's newsletter Palante! during my first semester in law school: "So far, I can honestly say that I have been having a good time in law school. Contrary to what most people say about law school and law students, almost all of the people that I've met so far have been very friendly and helpful. As far as I can tell, the competitiveness between students in the classroom seems very low — thank goodness! The last thing any law school needs is more cutthroats - after all, we all know how many of our fellow pre-law students were like in college. I am especially pleased that so many 2Ls and 3Ls seem willing to go out of their way to help lLs get by law school whether by providing study aids or by holding social events or both. Therefore, I would like to make a request to all my fellow lLs to try their best to try and meet some upperclassmen whether as advisors, friends, or hopefully both. Believe me, you would not be disappointed as there are many interesting and friendly personalities abound in this law school. P.S. - this advice can go both ways and it can apply to the faculty as well." Based on my interactions with my fellow law students this year, it appears that my observations back then would now be considered either naive or inaccurate. I will admit that I was caught up in the law school mystique that many lLs feel during their first semester when I wrote that article. However, I do believe that the "bad vibes" that I've been sensing in this law school are far stronger now than they were three years ago. Now it mayjust be me, but I honestly believe that many of these "bad vibes" that people are feeling comes from the silent attitude that they take in public whenever anything even remotely controversial comes up. For example, the discussion of any is- sue involving race seems especially taboo. The unwillingness of most people to speak up on any controversial issue inside or outside the classroom suggests a deeply-held fear of being seen as a nonconformist or troublemaker. Of course, being a reporter for The Opinion, I have noticed (through our lack of reporters and submissions) that there is an even greater hesitancy for most people to express their views in writing. To me, this selfcensorship is both sad and disturbing. After all, in order to be an effective lawyer, one must be able to relate to people different from oneself. Seemingly unpopular ideas need to be debated and discussed openly and reasonably. Just as important, people (especially future lawyers) need to be willing to listen to viewpoints different from their own. Problems do not go away simply because no one talks about them. Now these observations of mine are not new. In fact, I made many ofthese same observations in the Asian American Law Student Association's newsletter during my second semester in law school. However, I 'm worried that the "bad vibes" I've sensed in the past may be growing and that most students have responded to it by becoming far less vocal and far less social as they move through law school. Now for a profession that expects its members to become forceful (yet ethical) advocates for their clients, why can't most law students be forceful advocates for what they themselves believe in? Is it simply because we're expected to be able to argue both sides ofjust about any given issue? Are we that afraid that our words will be used against us even though our future clients will be paying us to give them an opinion? For my part, I really don't think expressing an opinion on, say, whether or not the actions and attitudes of the lawyers for Elian Gonzalez's Miami relatives are driving down the reputation for all lawyers in this country even further would jeopardize the future career ofanyone in this law school. While in law school, I had the chance to visit and learn about infamous places in Western New York history such as Attica and the Love Canal and I was amazed at the level ofsilence from all parts of the Western New Yorkcommunity when it came to discussing such notorious incidents. I find it especially disturbing that so few people in law school seem willing to debate much less discuss the role that the legal profession and others have played in what many people would view as particularly egregious abuses of state and corporate power. Similarly, most people have stayed silent on the many problems now facing Buffalo. For example, do you know that Buffalo is one of the ten most segregated cities in this country? (What is more important, does anyone care that it is? If so, then speak out about it!) The widespread political apathy in this law school (and many others across the country) is very troubling. After all, apathy and silence have always gone together hand-in-hand. The study of law is an inherently political act since all laws are created either by politicians (a.k.a. lawmakers) or by judges who are either elected or appointed by politicians. As such, trying to divorce the study of law from the political environment from which it comes from is ultimately an exercise is selfdeception. As we all probably know by now, many statutes and cases aren't necessarily drafted or decided with the well-being of everybody in mind (that's one reason why there are so many lobbyists out there). Likewise, there are plenty of individuals and businesses alike whoare willing to pay a lot of money to have laws drafted or applied in a certain way that would benefit them over others. Whether or not we would want to or be willing to represent such clients is something that we should all think long and hard about. After all, if money wasn't an issue, what kind of law would you want to practice? Would you still want to be a lawyer if you won't be well compensated in terms of money? (Continued on Page 8) �May 3, 2000 THE OPINION By Mary Snyder '01 On Friday, March 31, more than 400 UB Law students attended the barrister's ball at the Hyatt Grand ballroom in downtown Buffalo. It was the largest Barrister's Ball the school has ever held, and the most-attended event by UB law students. This year's Barrister's ball was organized by Mary R. Snyder and the Barrister's Ball committee of Jill Skretny, Betsey Snyder and Gabe DiMaio. 7 Student Bar Association President Vincent Gregory, left, and Treasurer John Llera were among the more than 400 students and guests attending the recordsetting Barrister's Ball March 31. Barrister's Ballatrcs4hu0den This year's Barrister's ball was the best one I attended," said Kevin Broch, 3L. "We surpassed attendance at past balls by over 200 people," added Mary Snyder. "We really wanted to get the word out about the ball so more people would attend and have a good time, and it seemed to work. We have received a lot of positive feedback about the event and have already started booking next year's ball. This year's location was more convenient than past balls. In the past the ball had been held at Samuel's Grand manor, which is about 25 minutes from downtown and 20 minutes from school. This made it harder for people to enjoy themselves, and not worry about drinking and driving. The location of this year's ball his year's ball allowed students to get hotel rooms at a reasonable rate so they souldn't have to worry about drinking and driving, and could go out downtown after the ball, without renting a limo. Next year's ball hasd already been booked at the Hyatt for Saturday, March 31, at 7 p.m. It will also last an extra hour this year it ended at midnight and people still wanted more. So next year it will end at - one a.m. "It was a lot of fun organizing this event, and I am very happy that so many peopel enjoyed themselves," sai Mary Snyder. "We hope next year's event will be even better. This year there was a waiting list because we sold out, so hopefully those people who didn't get tickets this year will be first in line next year so they don't miss out!" Top: Barrister's Ball committee members (from left) Betsey Snyder, Mary Snyder, Gabe DiMaio and Jill Skretney take a well-deserved breather. Middle left: A couple enjoys the music. Middle right: Matt Wolf, Mike Hollenbeck and Sheldon Smith wait for their meal. Right: Friends gather for a photo. �May 3, 2000 THE OPINION 8 Learning about law, learning about life (Continued from Page 6) Do you really want to help the rich get richer even though "the poor are still getting poorer" (as a recent song by Carlos Santana points out)? These are questions we all must eventually answer on our own (and the sooner, the better). However, I also feel that all law schools need to address the relationship between money and the law in an open and honest way so that students (and the general public) don't operate under any illusions on what the law is actually about. Of course, there are probably other reasons why there have been a lot of "bad vibes" and I'm sure everyone will have their own explanations. For example, one can argue quite credibly that what is really going on is that the facade of civility is simply breaking down faster as students become more blunt about why many (but not all) of them came to law school (1.c., to obtain a lot of money and/or power (whether real or perceived)). My own view here is that regardless of our differences, it would be far more pleasant and far healthier if everybody were to see each other as future colleagues rather than current competitors. Frankly, the legal profession is very hierarchical and the rules of the game aren't always premised on merit or fairness as Harvard Law Professor Lani Guinier put it so well during her recent lecture in Buffalo. In Guinier's view, trying to get into the power structure in this country - particularly in the legal arena - "is akin to trying to climb backwards up a cheese grater. We can either tear ourselves up trying to get to the top or we can try to work together to change the rules of the game." Yet "bad vibes" aside, I can still state with certainty that I had a good time in law school and I consider myself fortunate for having gone through (and survived) the process. The knowledge and skills that I learned and the close friends that I made along the way are gifts which I would not give up for anything. Likewise, there are many professors whom I shall miss for their advice, support and dedication to their students - I'll refrain from embarrassing them so 1 won't mention them by name. However, I will strongly recommend that all lLs and 2Ls should try their best to establish a collegial, genuine and lasting relationship with at least one professor or instructor. I can't guarantee that it'll be easy but it would definitely make your law school experience so much more enjoyable once you do. Perhaps the main reason I enjoyed going to law school was that it gave me the opportunity to learn so much both inside and outside the classroom. Simply put, I did all I could to take advantage of the wide array of opportunities that Buffalo presented to me. For example, I attended many lectures, workshops and panels and learned about areas ofthe law that I did not have time to learn about in the classroom. I also had the opportunity to meet and interact with many people from both inside and outside the legal profession. For example, my experiences at U.B. have included lunch with Johnnie Cochran and dinner with WangDan (one of the student leaders ofthe 1989democracy movement in China). Not all events were planned either. In May of 1998,1 took part in an emergency rally, along with two law professors, outside the Cheektowaga Police Department to call for the release of Arturo Rodriguez (the president of the United Farm Workers and Cesar Chavez's son-in-law) who had been wrongfully arrested earlier that day. Furthermore, last semester, I got to ask a challenging question (about Augusto Pinochet, the former dictator of Chile) to former president George Bush by using information that I had obtained from LEXIS-NEXIS. I've also kept busy inside the law school as well. I have been active in many law school organizations and I've attended many law school functions as well. For example, during my second year in law school, as the President of the Asian American Law Students Association (AALSA), I helped organize a campus-wide conference on fighting against sweatshops that attracted over 100 people from across the campus and the surrounding community. Over the years, I also had the opportunity to attend and enjoy numerous law school social events such as the Students of Color Recognition Dinner, the Barristers Ball, the Outlaw Dinner, the Faculty Jam, and even the Law School Convocation. I was able to assist prisoners in a legal research course at Wyoming Correctional Facility (next door to Attica) and work with Chinese refugees in Buffalo on their current attempts to gain asylum in the U.S. Likewise, I have remained an active member ofthe National Mobilization Against Sweatshops (NMASS), a New York City based advocacy group at the forefront of the social and economic justice movement in this country. (To see what I mean, check out the NMASS web-site at http:// www.nmass.org - you won't regret it!) In the end, law school, like college, is what you make of it. While it may SBA schedules Decompression Party 2000 The Student Bar Associationhas done it again! For the third annual 'Decompression Party' the board has planned another two- day extravaganza. Both nights' events will be held at thew SoHo in Chippewa Street. The first night's party will take place May 11, from 7-10 p.m. Free beer, cine and soda will be available. The second night's party, May 12, will be held from 9 p.m. midnight, Again, free beer, wine and soda will be available. Free 'Decompression'tshirts will also be available to the first 100 people to show up. Questions about the events can be fowarded to dpolak@acsu.buffalo.edu. The Opinion wishes everyone a good summerf be possible to get by law school completely on your own, I doubt that you will be happier as a person for having done so. Besides, the ability to work and relate with others different from yourself is a crucial part of being an effective lawyer. Knowledge may mean power but it also means nothing if it isn't shared with others. For my part, it was through my active interaction with many different people and my involvement in many different activities both inside and outside the law school that have played such a major role in making my law school experience an enjoyable one. Furthermore, I learned more inside the classroom as a result because my experiences outside law school gave me the opportunity to humanize the issues behind the cases that we studied. As such, my final words of encouragement to everyone are threefold: first, don't get too caught up in the perceived power and mystique of law school and the legal profession. Instead, use the legal knowledge that you are gaining to help address the multitude ofproblems facing society today - doing so will help give you a sense of perspective that would help you get by law school and make you a better lawyer in the process. Second, break the culture of silence and speak up both inside and outside the classroom. Challenge injustice whenever you see it. After all, real learning has always been a twoway street and silence benefits nobody except for those who seek to exploit and oppress others. Finally, remember what Professor Schlegel told many of us during our orientation to law school - "if you can only remember one thing from law school, remember this don't let the bastards get to your head." Having been through three years oflaw school, I will second that statement wholeheartedly. It may not make sense now but, believe me, someday it will (unless you are one of those people to whom Professor Schlegel was referring to). It is my hope that the sense of community (whether real or perceived) that I experienced during my first semester of law school will be more widely felt at U.B. in the future. As such, regardless of what our individual goals are, we should all work together to help create a better society for ourselves and for future generations. I will close by paraphrasing the words of Harvard Law professor Lani Guinier whose recent speech in Buffalo both affirmed and clarified my own view of what true success is all about. As Guinier puts it, the goal for all social justice movements "should not be to reform the existing power structure but to transform from it from top to bottom. We need to get rid of the pyramid approach to power where success is defined by who is on top. - We need to redefine what it means to be powerful and what it means to be successful." University of Detroit Mercy's LONDON LAW PROGRAMME Prepare yourself to practice in the millennium Join us in London to explore the subjects you will need to practice in a global economy while you have your most exciting semester of law school. Your educational experience will be enhanced by dining with the barristers of Middle Temple and through internships at the offices of members of Parliament, barristers and legal departments of international corporations, all while you live (not visit) in London. The UDM Programme is open to second- and third-year students and offers you a choice of fall or spring semesters. University of Detroit Merer School of Law London Law Programme 651 East Jefferson Avenue Detroit, Michigan 48226 MPTS] (313) 596-0264 KMM Internet: capriok@udmercy.edu M | \y e |iS jte: http://www.law.udmercy.edu � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Opinion, 2000-05-03 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. The Opinion no. 10 03.05.2000 Date Issued Date of formal issuance (e.g., publication) of the resource. 5/3/2000 Bibliographic Citation A bibliographic reference for the resource. Recommended practice is to include sufficient bibliographic detail to identify the resource as unambiguously as possible. 51 10 Publisher An entity responsible for making the resource available University of Buffalo State University of New York at Buffalo Law School Language A language of the resource eng Type The nature or genre of the resource Newspapers Text Is Part Of A related resource in which the described resource is physically or logically included. LIB-LAW003 Rights Information about rights held in and over the resource <a href="https://rightsstatements.org/page/CNE/1.0/">COPYRIGHT NOT EVALUATED</a>. The copyright and related rights status of this Item has not been evaluated. Please refer to the organization that has made the Item available for more information. You are free to use this Item in any way that is permitted by the copyright and related rights legislation that applies to your use. This digital collection is made available for research and educational purposes. Researchers are responsible for determining copyright status, and securing permissions for use and publication of any material. Copyright for items in this collection may be held by the creators, their heirs, or assigns. Researchers are required to obtain written permission from copyright holders and the University Archives prior to reproducing or publishing materials, including images and quotations. For inquiries about reproduction requests and permissions, please contact the <a href="http://library.buffalo.edu/archives/">University Archives</a>. If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/9677eec6b00c599797e5f528800516fe.pdf 469d94ad4b27ae9e1a8db5ead9215c0a PDF Text Text Vol. 51, Issue #9 THEOPINION STATE UNIVERSITY OF NEW YORK ATBUFFALO SCHOOL OF LAW APRIL 10, 2000 Colaiacovo Elected SBA President By DavidAllen '01 Four new officers will comprise next year's executive board ofthe UB Law Student Bar Association. Second-year student Emilio Colaiacovo was elected president during elections last week. Also voted into office were Vice President Allison Porcella, Parlimentarian Rashondra Jackson and Treasurer Sheri Crosby, all first-year students. All ran unopposed except Porcella, who defeated first-year student Matt Klein in the two-day balloting.Vote totals were unavailable at press time. None of this year's current board members ran for reelection. "I'm reall happy," said Colaiacovo, who served as an SBA director this year. "The people we have Allison, Rashondra and Sheri from what I understand are really good people. They have a good agenda, and I feel we can work well to- - - gether for the student body." The incoming president stated that he had clear objectives for the 2000-2001 school year. "I'd like to try to getdiversity train- OUTLAW holds fourth annual dinner Ball draws more than 400 by Dawn Roy f UB Law students enjoyed three hours of music at the Barristers Ball, held March 31. The ball, an annual tradition, drew more than 400 students and guests to the Hyatt in Buffalo. The student Bar Association, taking note of the affair's success, has already reserved the Hyatt for next year's ball. Students, held its fourth annual dinner and celebration 25, 2000. As in the past, the place at the University Inn in The dinner aims to bring together people of all sexual orientations from the student population as well as from the local community. It also strives to foster discussion regarding ways in which equality can be achieved for all. This year's dinner featured Elizabeth Conant, Ph.D., a prominent spokesperson from the local gay, lesbian, bisexual, and transgendered community. Her experiences include work in both the women's and equal rights movements. More recently, she and her partner have Elizabeth Lonant focused their efforts on furthering equality in schools. To that end, they have traveled throughout the area speaking to undergraduate education majors about awareness and understanding. Dr. Conant's speech, entitled "Musings ofan Activist," incorporated these experiences. She utilized the metaphor of a downstairs neighbor tapping on the ceiling to describe the unconscious's attempt to raise the awareness of the conscious. She elaborated on the attempts of the conscious to muffle the sound with the insulating carpet of tradition. Dr. Conant emphasized the role ofreligious doctrine and of fear in maintaining the widespread prejudice towards lesbians and gays. The evening ended with Dr. Conant stressing the potential for progress, beginning with the need for individuals to champion for change in their everyday interactions with others. Her speech proved interesting as well as enlightening and was enjoyed by all. Director Questions SBA Fund Allocations by Peter DeWind '00 Question have arisen concerning the way in which the SBAExecutive Board has chosen to allocate funds. The instant allegations concern whether the losses incurred by the social line are merely poor judgement or rise to the level of fund misallocation. Class Director David Polak is the head of the SBA Social Committee. The committee is charged with planning and executing Student Bar Association sponsored events. These events are financed through the Social line of the SBA's budget. Mr. Polak is questioning why this budget line has been almost depleted. By his calculations, the social line should have some $1,600 dollars left in it. This represents the $2,100 placed into the fund minus $500 spent on social events. The balance would leave sufficient funds to have sponsor such regular events such as the end of semester 'Decompression Parties'. Both Mr. Polak and SBA Treasurer JohnLlera agree on the reason that the fund has been depleted. They point to use of the Social fund to pre-purchase student tickets for events such as Sabres games and the Philharmonic Orchestra. These funds were to be replaced with proceeds from ticket sales. When theseticketsfailed to sell, however, the Social fund was depleted. Mr. Polak complains that the tickets were purchased for fund-raising purposes. As such, he believes the money for such endeavors should come from different sources than the social fund. He complains that funds earmarked for social events were inappropriately usedfor different purposes. Treasurer Llera explained that there are different procedures which must be followed when using a budget line for a purpose other than the one which it was for which it was intended. In order to use funds for the purposes they were allocated, only theExecutive Board must meet and approve the expenditure. However, to use a funds for a different purpose, the plan must be approved by the entire SBA Board of Directors. These latter meetings are those which are held biweekly and involve all of the Class Directors. Mr. Polak speculates that using social funds for fund-raising is a different purpose. As such, the Board of Directors should have needed to approve spending the funds to purchase such items as Sabres tickets. The fact that theBoard never approved these expenditures means that the funds were inappropriately allocated. Mr. Llera disagrees with Mr. Polak's characterization. He claims that the money could be allocated by the e-Board and did not require the involvement of the Board of Directors. As such, events such as Sabres games may be characterized as social activities. Thus, the failure to make back the money on ticket sales represents only poor judgement and nothing as serous as fund misallocation. Mr. Polak agrees that poor judgement was indeed involved. He points to the fact that most ofthe Sabres tickets went unsold Though he did not have the exact sales figures, the SBA social fund was left to absorb the $27 dollar or so loss on each of the twenty-five or so unsold tickets. This loss was compounded by the fact that unsold tickets were given away to Law school administration and Children's Hospital. Treasurer Llera focused on how thi.s was a judgement call on how to dispose oi unsold tickets. The e-Board chose to give the tickets away in an effort to improve the SBA's profile in the school and surrounding community. Other, however, believe tht tickets should have been used in a way which more directly assisted the student.' and their social needs. Director Polack points to the Buffalc Philharmonic as another example of misspending student funds. The SBA purchased these tickets at market value. Mr Polak, however, claims that money coulc have been saved on the deal. He claims tht SBA could have acquired the tickets at a continued on page 3 �APRIL 10, 2000 THE OPINION 2 The The Unconfirmed Source Opinion by Peter DeWind'oo It's been a busy couple of weeks when it dictates that meetings to be run accordhere at the paper what with sorting through ing to Robert's Rules of Order. all of the submissions we have received. Those who have not placed themselves Yeah, right... on the agenda yet have a viewpoint to express Is there anything wrong with such must do so through an SBADirector. This insarcasm? It has come to the fore recently termediary then brings the concerns up during Co-Editors in Chief: Peter DeWind & Dave Allen News Editor: Kevin Hsi StaffReporter: Peter Nicely Open Positions: OplEd Editor; Layout and Graphics Editor; Business Manager; Web Editor; Photographer; Reporters; Columnists. The Opinion, SUNY at Buffalo Arnherst campus, 7 JohnLord O'Brian Hall, Buffalo, New York 14260, (716) 645-2147, is published bi-weekly throughout the Fall and Spring Semesters. The Opinion is the student newspaper of the State University of New York School of Law. Copyright 1999 by the Opinion, SBA. Any reproduction of materials herein is strictly prohibited without the express consent of the Editor-in-Chief and piece writer. Deadline for all submissions is SPM on the Wednesday preceding publication. Later submissions may be accepted at the sole discretion of the editors. Submissions may be submittedat theOpinion offices, sent by mail to theabove address, or placed in theOpinion mailbox located in theSBAoffice vestibule. Submissions should be saved on 3.5" disks in either IBM or Macintosh format as either a CorelWordperlect or Microsoft Word file and be *jtf» accompanied by a printed copy. Disks labeled with a Lockwood '■■'ft' x mailbox number will be returned. ' f aflftfiL. --^lIP Js*^lll Letter to the Editor Policy: while the Opinion will not print libelous or anonymous material, all submissions shall be printed entirely and exactly, provided they are signed submissions from a member of the UB Law community (students, faculty, staff, alumni). Submissions will not be edited without the author's The Opinion in no way endorses the viewpoints of its columnists and contributors. various |f ■ ' 4 'W£^§aS^MP> > * HP*** n£|p|:l^i» flm <lfc x * /" \ 1111; ~t'S JlSliS -*%s^2oPKiiBs3»i with some suggesting that such sarcastic statements are helping to destroy society. The problem is said to lie in the fact that sarcasm has a limited communication value in and ofitself. Unlike satire, which involves at least some commentary on the state ofthe satirical object, sarcasm merely insults a position. This serves to inhibit communication because the sarcastic party never really communicates what is wrong with that position. All that is communicated is that the sender finds a position to be patently ludicrous. One has only to remember the 'Not!' craze a while back to realize the ease with which public discourse may be impaired by covering up one's meaning. Here, however, it is nothing so benign as sarcasm which threatens to impair public discourse. The problem has become timely in the wake of the March 22, 2000 SBA meeting. At this meeting, funding for a softball team was considered by the Board of Directors. Students came to the meeting wishing to express their opinions on the matter. They were not allowed to do so. The SBA Parliamentarian informed the students that only those who were on the agenda would be allowed to speak. The SBA Constitution calls for this result discussions on the various motions. This is not such a tremendous burden. At the March 22 meeting, Tony Pendergrass wished to address the Board with his concerns. When he was stopped from doing so, he was able to speak through the intermediary of a Class Director. His concerns were heard by the Directors and responded to by the softball team. Similar concerns were also expressed by Director Jenny Lancaster when she read a letter into the record. The letter accused the Senior Softball team of discriminatory selection practices. Again, the concerns were heard by the Board and Class Directors. In the end, however, their arguments did not carry the day. A vote was held and the softball teamreceived funding for it's trip to North Carolina. It was after this that the meeting saw the angry outbursts for which the meeting is now infamous. Contrary to some versions, the outbursts initially did not bring about any call to public safety. Instead, Parliamentarian Mary Snyder politely but firmly asked that the free for all commentary cease while the meeting was still in order. The outbursts mainly focused on whether the vote, which had resulted in a tie, should have been held at all. The dissenters position seemed to be that the vote was not held in continued on page 3 IA I tte nt i onlLs A 2 RS # Bra Sign up for BAR/BRI NOW LsfI Last chance to register for ONLY $100 (Registration fee will be $175 beginning fall 2000) M e| Rji � Last chance to lock in aNY tuition of E| ra $1875 � class of 2002/03 # 4 $1925 � class of 2001 M IS (Tuition will increase beginning fall 2000) R| R Why wait? Why pay more? 0 It'V b«i review Bγ M �April 10,2000 THE OPINION 3 LETTERS TO THE EDITOR Justification or Overreaction you make the Call On March 22, 2000 a regularly scheduled meeting was held by the SBA (Student Bar Association) to deal with the concerns of the student body along with other plenary business. During the meeting, a group brought a topic before the SBA executive board for approval and possible funding. This was a contentious, divisive and hotly debated topic. The SBA, in its infinite wisdom, only allowed the members of the aforementioned group to address them regarding their topic. The SBA did not allow any further discussion upon the topic from other groups who also have a vested interest in the decision that was to be rendered. The executive board informs the student body that they are allowed and encouraged to attend each ofthese regularly scheduled meetings so that we can be kept abreast of pertinent issues. We are also encouraged to be active participants in the SBA and its processes, so as to assist in the facilitation of a smooth running governing body and provide a checks and balances to the power of the SBA. Well one student actually decided to take the SBA up on their offer to participate in the process, and he is now being used as a scapegoat, a sacrificial lamb if you will. The SBA constitution does not contain a provision that would not allow an individual to address the board concerning an issue that is currently under discussion. In addition, Ms. Mary Snyder (SBA Parliamentarian) also incorrectly informed the aforementioned sacrificial lamb that according to Robert's Rules of Order he could not address the executive board. Both of these statements were wrong! Robert's Rules of Order allows discussion of a debate by all participants present at the meeting. A SBA Board Member seemed to make further asinine, uninformed, and unsubstantiated comments with regard to application of Robert's Rules of Order regarding the proposed motion. Ms. Snyder informed an executive board member that her vote could not be changed because the vote on the matter had closed. This in fact was not true, what had transpired was that the motion on the floor at the time was to approve the change in the amount of funding to the aforementioned program proposal, not the final vote on the initial motion. I wouldlike to take this time to informMs. Snyder to do some research with regard to proper parliamentary procedure withregard to voting by executive board members. Furthermore, Ms. Snyder was again incorrect when she allowed the motion to be carried without the majority needed to carry the motion. This vote should have been declared null and void due to the number of abstentions cast upon the program proposal, these abstentions require that the motion be tabled for further discussion and a vote at a later date until the requisite number of votes can be obtained. Robert's Rules of Order states that "...If the issue is a divisive one, perhaps it SBA FundAllocation continued from page 1 discount or possibly for free by utilizing the Social Director position becuase Mr. Polak's sister works for the Philharmonic's Executive Director. In this case, the fact that few tickets were actually sold would not have affected the Social Committee's ability to hold events in which students were actually interested. This is not the first such question pertaining to expenditures which has arisen. One such question pertains to the origin of funds used to pay for the SBA's new child care program. Treasurer Llera characterized the child care grant as a joint venture between the SBA and administration with the SBA's part coming from the Pay Line. Mr. Llera characterized funding the child care program as in keeping with the purpose of the line and thus not needing the approval of the Board of Directors. The Pay line, however, is described as "pay for office workers" on the a document entitledSBA Budget Lines Explained. Yet another potential question arises from the SBA's cancellation of the yearbook effort. This endeavor had been funded through a line calledYearbook. This line included $1,000 for the book's production. The funds, however, have come to be reallocated elsewhere. It is unclear at this time by exactly what method the transfer occurred but it does appear that the SBA Board of Directors was not involved. What is clear is that the Memory Book, which serves to replace the Yearbook and thus is arguably akin in is best for it to be defeated. Time heals and the same and appease your fears just to make you feel better. Neither my colleagues nor I will compromise ourselves nor question may always be reintroduced at a future meetour values to make some of you psychotic clown feel ing..." Another member of the executive board who has better. One ofthe problems withthis country at this time read Robert's Rules of Order, unlike Ms. Snyder, sugno one will deal with the issue of race honestly. We are a gested that paper ballot be taken to resolve this issue. too busy trying to be "politically correct" and gentle in But once again Ms. Snyder ignorantly informed this our dealings with each other, instead of pulling people out of their comfort zones to deal with the issue ofrace member that a paper ballot couldn't be taken in that instance. Robert's Rules of Order also states that withrecandidly. This allows maladjusted, pusillanimous indigard to an issue that is contentious "...a vote by ballot viduals to use ineffectual and fallacious reasoning to can be ordered by a majority vote and may be the best justify their overreactions to situations involving Afrimeans of voting when the issue is a divisive 0ne..." can-American males. Some SBA directors remind me Now that I have set the scene for the readers of of individuals witha classic case of"drama-queen" synthis piece, please allow me some latitude to address the drome that has to be fulfilled by bringing attention to title of this piece. When my colleague questioned Ms. their dull, vapid, insipid, and misguided plight. Snyders' knowledge of the rules contained within Lastly, at this time Iwill address afew other groups Robert's Rules of Order, Ms. Snyder became irritable, that need to be set straight on a few issues. To those individuals who see this recent "flair up" as just some unruly, belligerent and uncooperative to his questioning. Ms. Snyder then seemed to make this incredible disgruntled individuals who were not selected to parleap from "power hungry control freak" to being frightticipate in an event, it is a shame that you continue to be ened and intimidated by this individual and his quesclothed in a shroud of ignorance. This issue is larger than participation in an event; this has to do with a systioning. This scenario begs the question when two individuals of different ethnicity's disagree on an issue, then temic culture of exclusion of the majority by a minority debate the issue, does one ethnic group have the right to of selfish individuals. To those individuals who have fear another ethnic groupbecause they have an opposite allowed themselves to be used and do the bidding of viewpoint and can articulate their points. Well, Ms. others, you should be ashamed of yourselves! I say wakeSnyder, the poster child for overreaction decided that up, look around; recognize who are your friends and alshe did not appreciate his challenges, so she decided to lies. It seems all too convenient that certain members call the police to press charges of verbal harassment were sent to represent the views of this inconsiderate against, the individual, Mr. Marsaw. These representaminority. This gave the law school community the aptives are supposed to be enlightened individuals, but what pearance that peoples of color were pitted against each some SBA directors appear to be is racially insensitive, other, which is just not the case. who continue to believe in the opprobrious, stereotypiFinally, to my armchair revolutionaries, there is a famous line to a song which states "...You are talking cal images of African-American males. I confronted the same type of ignorance form a loud and saying nothing..." because when the issues white female colleague whom I was in debatewith within come to a head you are nowhere to be found. You are a classroom setting; and this clown exclaimed that she nothing more than timid apologists for the mainstream. "feared for her life" because I took an opposing viewYou will sell yourselves and your souls to the mainstream for erroneous promises ofpossible prosperity in the fupoint and was able to discount her arguments withrelative ease. This unenlightened, maladjusted individual ture. I say to you, how sad. I just hope that at some time then resorted to what I refer to as the "Big Black Buck" in your miserable lives you will throw off the yoke of syndrome. The syndrome stems from lack of personal oppression from your mind. I'll leave you with a quote from my father "You dealings with people of African ancestry; also an indias as a the can't viduals' own mental instability, well belief in talk to everybody and you can't save everybody, stereotypical images foisted upon society by the media. but you can be there with open arms to welcome them This leads me to believe that we as African-American back into the fold." Well the Lord knows I am a work in males are expected by some to stay in our places, not progress, and at this point in time when these individuhave an opinion andbe non-confrontational (i.e., behave als voluntarily continue to make unhealthy choices, don't like a good "nigger"). Because when we challenge the expect me to be there when you come back to the fold. I status quo and upset the balance of power we are seen have and will continue to despise people ofyour ilk, so as threatening, aggressive and confrontational to some I hope that when you fall your fall is swift, sudden and of our white colleagues. Well all I can stay to that is that hard! is too damn bad that you are not comfortable with my David H. Hawkins position! It is not my job to be conciliatory, comforting purpose, is not being funded with those proceeds. In the wake ofthe social line accusations, President Gregory has reportedly responded by threatening to block funding for any more Social Committee events. This would seem to include such events as the upcoming Decompression Parties. ""V f Latest US News and World Report Rankings Released The latest latest version of the dread US News and World Report law school rankings have been eleased. The magazine leaves SUNY Buffalo in the same position as last year by ranking it with the second tier schools. While the school's perception among academics remained the same with a 2.5, the school's reputation among lawyers and judges increased from 2.6 to 2.7. While many decried the Bar exam passage rate, UB actually increased this past year from a 70.9% rate in the prior year to 74% in this year's rankings. The results do reflect a dramatic increase in the faculty to student ratio from the prior 10.1 to a more common 16.7. Perhaps the most earth shattering change was Harvards drop to third place behind Yale and Stanford. The results may be viewed at www.usnews.com. Udmbctise IN THE OPINION 645-2147 �April 10,2000 THE OPINION 4 Why was this such a divisive issue? unconfirmed continued from pafe 2 accordance with Robert's Rules of Did it really matter that much whether a Order. Specifically, they questioned whether Director Lancaster should have been able to change her vote before President Vince Gregory made his tie breaking vote. These statements did not cease at the Parliamentarian's request. The disrespect shown to the Board and student government in fact increased. The remarks became more akin to personal attacks on the Parliamentarian who was attempting to fulfill her duty and keep order at the meeting. Ironically, those who attacked what they believed to be the Board's disregard for Robert's Rules did so in a way which demonstrated complete disregard for it's provisions. Indignation does not give one license to disregard therules by which civilized meetings are held. The acrimonious outbursts continued until before the student, 3L Will Marsaw, finally left the room. The disturbances did not end there however. Moments later, sounds ofpandemonium emerged from the hallway. It sounded as if a fight had erupted. At this point several Directors went into the hall to see what was occurring. It was in light of this situations continued escalation that a Director returned from the hallway and asked that public safety be called. Some have speculated that this phone call and the Parliamentarian's response were due to fear of the speaker's race. An alternative, and perhaps more likely explanation, focuses on the outrageous public behavior and disrespect for process and decorum. The answer focuses on one question, would the same response have come about if the speaker were not a minority? It is indeed an easy allegation to make and a hard one to rebut. It is merely another form ofthat old question "do you still beat your wife?" No matter how one answers, merely being asked the question puts one's reputation at risk. The same is true for both an individual and an organization. softball team was able to take a trip to North Carolina with the SBA's blessings? It is possible that people really did wish to stop what they saw as racial discrimination in the softball team's selection. Then again, perhaps there was something more personal behind the outrage. One theory focuses on the students' feelings of disillusionment with the whole SBA process. This postulates that a stand had to made against the SBA's allegedly cavalier attitude toward the democratic process. This idea, however, only speaks to the outburst and not the organized effort to prevent the team from receiving money in the first. Another, related idea, focuses on the board's relations to students ofcolor. This seems to be the explanation which Acting Associate Dean ofHuman Services Melinda Saran has heard as she has promoted a training session dealing with "conflict resolution and diversity issues". Again, this fails to deal with whythe issue evoked such passion in the first place. Yet another line of explanation concerns the existence of personal vendettas. One possible explanation focuses on the fact that Dan Baich is on the softball team. Mr. Baich is the individual who recently complained that he had been rightfully elected to the position of graduation speaker following a duly announced and operated student election. The theory isthat Mr. Baich's refusal to take the subsequent official naming of Tony Pendergrass has caused some embarassment and has served upset some parties. These persons are said to have organized a way to retaliate by orchestrating a way to deny Mr. Baich's softball team the funding. There are many more possibilities including sour grapes from ex-team members who were cut for non-participation. There is no way to know which of these is true. Most likely, the truth lies somewhere in between. Nonetheless, none ofthese rise to a level which might excuse the type out- burst seen. We, as students of law, are here to learn how to resolve problems through certain procedures. Though we have liberalized our forms of pleading, the resolution still involves following a definite process. To no small degree, it is to the this process ofresolution that we swear allegiance when joining the Bar. When we do not respect the process, we are in fact denigrating the profession. It is quite possible to disagree with an outcome without violating the process. It is possible to strongly disagree and yet remain civil. To paraphrase Twain, one may freely call one an ass to his face as long as it is prefaced with the word "Sir". It is true that there are circumstances in which it is entirely appropriate to violate the process and the rules. This, however, was probably not one of them. There is a difference between civil disorder and disobedience. Accusations of discrimination are a powerfull sword and care should be taken to ensure it is not used spuriously. It is, however, a weapon which we need in our arsenal. Those who would use it as a shield, however, go far toward impairing it's effectiveness and dimish it's impact, it's sharpness if you will. Moreover, the public discourse is harmed thereby. As is the case with sarcasm, the merits and substance of a position are not reached. The wish to comply with social norms, to avoid embarassment and to avoid the unpleasantness social retribution prevents the sort of substantive and honest discourse which the occasion demands. Buffalo Criminal Moot Court semi-finalists Sheldon Smith (left) and Amy Hemmingway (right). Hemmingway took second place for best advocate while Smith took third. The overall competition was won by the University of l Louisville, KY. > Head Of UB Women's Studies Program Says Progress Slow As Women Strive "To Claim Their Own Voice" Isabel Marcus has been champion- ing the rights of women since the mid-19505. And while time would seem to be on the side of progress, the director of the Women's Studies Program at the University at Buffalo says women still are striving to claim their own voice in the 21st century. This voice which Marcus says "is not just a reproduction of a male voice, but one that carries its own (statement)" is often silenced, in the classroom. "I still think this is a society where women have to get permission to speak," says Marcus, who is also co-director ofthe Institute for Research and Education on Women and Gender (IREWG) at UB and a professor at UB Law School. "Part of my life's commitment has been to thinking...that 40 years from the time I graduated high school (and) college until now would have been times of dramatic change, (change) which would be institutionalized and articulated and empathized with and recognized and rewarded. Rewarded," she says incredulously, laughing ironically. But the rewards are not as great as one might imagine. "To see 40 years later how much of a backlash there is, I just find it extraordinary," she says. A backlash, for example, in which women have placed themselves in second- — ary roles, most notably during the recent presidential campaigning. "It is astonishing that most of the wives of the candidates for the president of the United States try to out-position themselves as traditional housewives," she says. "I find this utterly astonishing." Marcus, who taught the first-ever "women in politics" course as a graduate student at the University of California at Berkeley in 1968, tosses out yet another bone of contention about the political arena. "I think The New York Times the other day had a story about John McCain's wife, in which he characterized her most important job as keeping him under control, and I thought to myself, 'this is really astonishing,'" she says, exasperated for the moment. "I'm not despairing, but it gives one pause to thing about (the slowness of) social change." Marcus, who attended Barnard College in New York City in the 19505, considers herself "part of a whole generation of women who came to therealization that we had to rethink who we were and what we were doing and how we were doing it. "We were constantly confronting our male peers, who we thought were our colleagues and our friends, having to remind them that we had an equal contribution to make and that equality was not just a slogan, but that it had to be lived," she says. Marcus stresses the importance of continuing to raise this consciousness through action. "The way in which faculty who are not sensitive to gender issues confirm the worst fears and anxieties in students is really striking and it's easy to do," she says. However, what goes on outside the classroom is tantamount to empowering women. For students — undergraduates in particular — Marcus says, campus groups must continue to broach such issues as dating violence and sexual harassment, and boost participation. "I understand it's hard to do; on the other hand, the failure to...raise these questions" is the greater tragedy, she says. Marcus recalled a visit to Colby College in Maine in the early 19905, during which the women on campus had undertaken a project to expose the writing the men's bathroom stall on the wall walls, that is. "The women copied down on butcher paper all the things that were in the men's stalls and posted them in the student union," she says. Not that she's suggesting such action, she says, but the demonstration reveals the ways in which women are excluded from certain spaces and the difficulties they encounter in integrating such spaces. The issue of space figures largely into the discussion about violence against — women. On a trip to Germany, Marcus was introduced to a group of radical feminists who were interested in investigating what would happen if a dusk curfew were imposed on all men. They wanted to see how many women would be on the street who normally would be afraid. "Their premise was that no woman would be afraid to go out on the street if she knew that there would not be males around who could assault," says Marcus, who is currently working on a book inves- tigating violenceagainst women in Poland, Russia, Romania and Hungary. The feminists' exercise was meant to better understand a place in which women's fears and anxieties were very real. "What does that say about how profound questions ofviolence against women are?" she asks. Now in her 60s, Marcus says she's prepared to pass the torch in order to give someone else the opportunity to make a difference. She says it's important to introduce younger successors into thefold in order to keep the discourse fresh. "I think there is a moral obligation to mentor younger women," she says, emphasizing the need not only in Women's Studies, but withinthe university as a whole "to teach and impart reasoning and thinking through issues (so) that(women) know how to be rigorous and disciplined in their reasoning." �April 10, 2000 THE OPINION I 5 1 Law IB!' Q/lUn *} Y\VY\ JffiwjffisM I /April l/ in Rscsivsd by ISfllsiiiii �April 1,2000 THE OPINION 6 COMING UP The Opinion Ballgame Trip To Celebrate Senior Week A UB Law Senior Week trip to see Jo Butfalo Bisons' game will be held May 12, 2OOU. The game, which will pit Buffalo's AAA baseball team against Norfolk will he held at North American Park at 7:05 p.m. Pregame festivities Vftll begin Tickets, which will cost $14.50 per petsotu will include a pre-gan)e cook out featuring a chicken breast sandwich. cho«:e of hot dog or narotttirger* pasta or tossed salad and soH drink. In addmon. North Arnencare Park now features a Bison's kids' zone, with special entertainment designed for young children There will aslo bt? fireworks after the ganie.Everyone (JL's, 2L's and I L's, faculty) and theiT family are invited. See Kelly Z«ch for Tickets in room 314, O'Brianfkll. ■: :■:■:■.: :■:•: :■: :■:■:■:■:■:■:■:■:■:■:■:■::■:■ ■:■:■:■:■:■:■:■:■: :■ ■■■ j y ■ ---■■-----------■-■-■-.---■■-■■■■■■■-■■■■■■■■■■■■■■-■■.-■■-■--,-.-. ■:■:■:■:■:■:■;•■•:•;•; , NA PBrestspidonak aD tCSoudlenrf inner Lauia Ktngsly Hong, Pfestdent of the National Asian Pacific American Bar Association, will be the keynote speaker at the UB Law Student of Color Recog- Hong, a partner m the litigation department of the Cleveland international law firm Squire, Sanders & Dempsev, will also address Buffalo Law Women's; Law Journal and the AALSA tht She is President of the Northern Ohio Qiapter of the Federal Bar Association and continuing her second year as CountU to the Litigation Section of the Cleveland Bar Association She received het J.D. ftoro Case Western Reserve Law School where she currently teaches TrialTactics. She bas been active In bar associations (v, Hong -served as N APABAs Secretaty for three terms and iscompleting her of NAPABA's Board and Exwntive coramitw? tot four years. h3vnag served onLee, Paul Ch*n and Margie Fwjioka. For jtiJv>rmaiH>n concemiag the SiudeW ofColorRecognition Dinner April 27, 200G, contact Angela Jones at: anjo«es@acsit buffalo edu. For iofotmatton about Buffalo Women's Law Journal and AALSA dinnm* contact hefte Chhi at khiufy'aesu.buffalo edo ot Kevin His at Ins&aoso.buffalo.edu. ter Presidents Nancy Lee, Paul 'Professor Jam' To Play At Camulet April 20 On Thursday, April 20, at 8 pjn.. tbtr Buffalo JPubUc interest Law ptogram (BPU.Pi at the New York State Univttsity at Buffalo Lmv School will sponsor the -Profeisot Jara," a concert performed by a Hot String Cargo Band featuring law school professors and students. Tins event will take pjace at the Cajvjujet Art.s Caft on the corner of Franklin and \V. Chippewa streets in Downtown Buffalo. All proceeds will go towards funding summer fellowships for law students who choose to work in areas of public iflterest law. Tickets will be available for pre-sate for $5 the weeks of Apttl 10 andApril J 7 trom 11 am. • 7 p.m. in front of thew Law Library, adn arc on sale up to the day of the event at the SBJ Ticket Office, in the Student onion Tickets will cost $7 at the dooi IP Law Journal To Host La Fiesta At La Luna WILL HOLD ELECTIONS FOR 2000-2001 EDITORS ON WEDNESDAY, APRIL 12 OFFICES AVAILABLE INCLUDE EDITOR -IN-CHIEF Represents the opinion publicly, establishes duties and responsibilities of the staff, and executes board policies. MANAGING EDITOR Maintains records, resolves disputes among staff members and oversees office administration. BUSINESS MANAGER Solicits advertisements, maintains all advertising and business records, and maintains office supplies. NEWS EDITOR Assigns news stories to staff memebrs, and writes at least one news article per issue. FEATURES EDITOR Assigns feature stories, writes editorial column. LAYOUT EDITOR Oversees the layout and composition of each issue. Should be familiar with Pagemaker, or willing to learn. PHOTOGRAPHY EDITOR Coordinates photographic coverage and prepares list of law school events that should be photographed for each issue. ART DIRECTOR Draws or assigns other staff memebers to draw an editorial cartoon for each issue of the Opinion. COMPLETE JOB DESCRIPTIONS ARE AVAILABLE FROM THE OPINION OFFICE (ROOM 7) OR BY CALLING 645-2147. The Buffalo Intellectual Property Law Journal Is hosting Lα Fksiu At Lα Thts event is also being sponsored by Hodgson Runs Andrews Woods & Goodyeat LLPand other total firruv There will he free appetizers between SJO • 7;30 PM where you will have an opportunity to rmtft and network with attorneys from the major law firms and professionals in Buffalo The Happy Hour will be followed by Latino music and dancing lessons. Half price on drink* will be offered between lOand ]{ PM. L*LunaiskKated3i:s2 Wol Chipptwa St tn downtown Buffalo (two doors down from the Calumet Arts Clitej Tickets may be purchased in advance Monday through Wednesday at the tables sft up in front of the law library for $5 per student or admission will be taken at the dour for S? The next issue of the Opinion will be on stands April 24. Submissions must he received by Wednesday, April 19. ALL STUDENTS ARE ELIGIBLE TO HOLD OFFICE. ELIGIBLE STAFF MEMBERS MAY VOTE. ELECTIONS WILL BE HELD AT NOON IN THE OPINION OFFICE �April 1,2000 THE OPINION 7 Colonel West lectures on the legacy of MLX, Jr. ByKevin Hsi '00 On February 11, Cornel West, a Professor ofReligion and African-American Studies at Harvard University, spoke at Canisius College before hundreds of people from across the community, including several students from U.B. Law School. Widely regarded as one of the most prominent and dynamic scholars ofAfrican-American Studies in the U.S., Professor West also holds the distinction of being one of only 14 professors in all of Harvard University to hold the coveted title of "University Professor." The title of West's lecture was "We Must Be the Change We Want to See." The lecture was sponsored by the Political Science Department at Canisius and was held in conjunction with the collegeis Annual Martin Luther King, Jr., Birthday Celebration.By all accounts, the event was anresounding success as Professor West gave a very convincing explanation of what Martin Luther King, Jr.'s (MLX) legacy means to America today. West began his lecture by telling his audience, "I hope to give you some words that would unnerve and unhowl people. We won't do justice to brother Martin otherwise." West explained that King himself described the civil rights movement in this country as the "society of the maladjusted. Therefore, the problem is what happens when you get adjusted to injustice. The question then becomes what kind of person you want to be from womb to tomb." Although the lecture was supposed to be about King and his legacy, West asserted that "it is impossible to talk about" King without talking about other people from the past and the present, such as Harriet Tubman and malcom X. In addition, West also said that you could not talk about King without talking about non-african-American figures such as Miles Horton, "the founder of the Highlander School whereRosa Parks trained,"Rabbi Abraham Hecht, Dorothy Day and Daniel Berrigan. West explains thisanalogy by stating, "MartinLuther King Jr. would not want us to talk about him as a person who transcends others." Working himself up to a crescendo pitchy, West stated emphatically, "We must keep the focus where it belongs - on those who are suffering! That is where Martin Luther King, Jr.fs legacy belongs!" West further emphasized the importance of rememberingis Kingis basic humanity by stating, "if Socrates never laughed, he never cried, if he never cried, he probably never loved and if he never loved, then he never lived." Conscious of the criticisms that King has received from some people both during and after his lifetime, West acknowledged that "150 years from now, people will tell MLX, 'you missed certain struggles' such as the struggle against patriarchy... MLX may say today, 'in retrospect, I should have been more cosmopolitan." Nonetheless, West was confident that most people will still tell King, 'Martin, we understand, we donit expect perfection.'" A scholar who is known for his love of contemporary music, West used a jazz analogy to make this point, "don't confuse the blue notes with the blues - it's not the same thing. A blue note is the injection ofdissonance into a smooth harmony which people feel is disruptive, it is an infusion of defiance. MLX is true to the blue note that people of African descent introduced into American culture." The next portion ofWestis speech then dealt with his assertion that Kingis legacy is largely incomplete because "society is still permeated with vestiges ofwhite supremacy in many different forms." In West's eyes, these forms of oppression deal with the treatment of those whom he called "the invisible ones indigenous people, working people, people of color, disabled people. However, West also emphasized that he was "not saying it merely because itis cute P.C. (political correctness). P.C. is merely a way of trivializing people's suffering." West also reminded his audience not to take the work of otherpeople for granted when he said, "I donit think hotels clean themselves - those invisible people who clean them are called workers." West then gave two examples ofthe subtle racism that continues to exist today. The first dealt his visit "earlier this year with my dear brother (Democratic presidential candidate) Bill Bradley to lowa where 3% of the population is black but 33% of lowais prison population is also black." Likewise, West said that many people who see him still canit believe that he is actually a Harvard professor. As West puts it, "back home in Boston, I still get elderly white sisters who tell me in elevators, 'if you teach at Harvard, then I'm the flying nun.'" Nonetheless, West said that even in the face of ongoing racism today, King would not have advocated a separation of the races as a possible alternative. West explains that "MLX may have disagreed with the conclusions of the black nationalists such as Marcus Garvey, the Honorable - Elijah Muhammad and Louis Farakkhan, but he took up their challenge" and that challenge remains just as valid today as it did duringKingis lifetime. Given all of the prejudices that still exist, West said that the fundamental question today is "does America have enough political courage to treat people of color, especially those ofAfrican descent, fairly and decently?" Wests response would be that America has not been able to deal honestly with the question ofrace. He pointed to a scene from Spike Lee's Do the Right Thing, "where those Italian brothers were saying how they 'hate niggers' but 'love basketball players like Wilt Chamberlain and Kareem Abdul-Jabbar' as an example of the contradictions that still exists. Likewise, using an example of immediate relevance to his audience, West suggested somewhat humorously that given Canisius' location in the City of Buffalo right by the East Side, he could "imagine many Canisius people saying to the cab drivers, 'whatever you do, justdon't drop me off in that 'chocolate section.'" However, West also reminded his audience that the question of racial equality isn't the only societal problem that remains unsolved since "the class question (also) comes in it's always been there but now it comes at us with a ferocity which we must all come to terms with." In a statement likely to unnerve some people, West asserted bluntly that, "in many ways, it was the death of MLX that brought more change than the life of MLX when it comes to society." He noted that there were 213 uprisings on April 4, 1968 - the day King was assassinated and "it was at that point that white folks said to one another, 'you know, we've got a big problem here... They were afraid of what the black folks would do next... They were afraid that black folks were going to de-whitenize the White House... Did you know that Wilmington, Delaware, had troops on the streets for nine months after MLX's death?" Given such recent history, West was very skeptical of the view advanced by some people that America was actually becoming a color-blind society. "I hear a lot of that in the so-called color-blind discourse these days where some (white) folks like to say, 'I donit see a black man, I (just) see a man.'" West doubted the sincerity of such assertions and asked his audience to speculate on whether or not you can "actually have a human being without a body." The final portion of Westis speech focused on what he called the "three fundamental challenges which we must face in order to build upon MLKis dream for a better society." This first fundamental challenge that West spoke of was "wealth inequality." This challenge was particularly urgent because "MLX knew you could not talk about the legacy of white supremacy without talking about economic inequality, not just in the U.S., but around the world." In order to stress his points on the extreme economic inequities that exists today, West recited numerous disturbing statistics to support his argument. For example, West mentions the relatively unknown fact that "the top three richest individuals in the world have more wealth than the bottom 46 nations of the world combined." West also debunked the myth that the U.S. has the highest standards ofliving in the world by mentioning that "2% of Japanese live in poverty whereas 20% ofthe people living in the U.S. falls below the poverty line" and "that 40% of all Black and Latino children (in the U.S.) live in poverty." West then paused for a moment to ask the audience in a slow, solemn tone, "how much inequality can a society continue to take before it cracks thoroughly?" West then asked the audience to think about why economic inequality has continued to grow in the U.S. after MLX's death. He asks passionately, "Wherefs the outrage? Is it because we have become such short-term men ofthinking that the prevailing idol ofthe past 20 years the market - have blinded us to its deleterious effect? The market is a human construction and like all human-made things, it can be used for good or evil." West also attacked the materialism oftodayis society by stating, "the American slogan these days seems to be more, more, I want more! It is an infantile slogan, it's immature. The question for us as a people is when will we grow up?" West then concluded on this point by emphasizing that "the issue of wealth inequality is one that is crucial for us to talk about with young people." The second challenge thatWest spoke about was "the impact ofmarket behavior in shaping our mindsand souls." West said that this problem is "especially a challenge with the young" and that "we need a revolution not just in politics but also in our spirits." As seen throughout this country (including right here at U.8.), the growing desire and impa- - - - tience for material gains have led to a corresponding decrease in widely (or outwardly) heldmoral and ethical stan- dards. For example,West saidthat he particularly disturbed that according to one survey, "70% of kids in U.S. high schools cheat on a regular basis, it's one of the scariest things out there." West also warned about what he called the "gangsterization of American culture" which meant "that , the old warning 'don't get caught has become the 11th Commandment." In West's view, "those gangster rapsters they're just looking at American society as it really appears today... Likewise, hip hop is an indictment of the older generation for not giving the younger generation enough love and care." West believes that one of the main reasons for this increase in amorality and materialism is because, "parenting has been marginalized in American society... MLX knew no society could survive without giving out love to others. Without love of others, people like Hitler never would have been defeated, things like apartheid in America would never have been defeated." Whereas the second challenge dealt with morality, the third challenge that West spoke about dealt broadly with political involvement. More specifically, West said that the country must deal with "the impoverished character of our public lives." Although West is an ordained preacher, he warned his audience against relying blindly on the religious establishment for guidance when it comes to political activism. West stated that he was "a Christian but when I read our history, I get very suspicious of our religious institutions... It's no surprise that the American Communist Party integrated in history before American churches did so and that was because Lenin ordered them to and plus, he had never seen a black person before." Launching a thinly veiled attack on the self-righteousness that characterizes much ofthe Christian Right's involvement in American politics today, West reminded his audience that "there is no bias in public life built for Christians and MLX knew that." He further stressed that "MLX entered public life not to impose his moral view on society but to have his vision debated, that's why he went through legislation. The reason he did this is because these issues being debated today have always been political. Slavery was political." West also stated that, "In this year 2000, our public life is in deep trouble because when we talk about politics, market politics tend to take over... What we need the best and the brightest as well as the courageous and the compassionate though lately public life seems to be attracting mostly the former rather than the latter." Injecting some humor to further his point on the need for a newer and more courageous political leadership, West added that he was "constantly amazed when I travel across the U.S. and see all the potential out there. But then I see our public leaders and I always ask myself, what happened?" West concluded his speech by stating, "I don't know what the future holds. I'm not an optimist, I'm a blues man. I've looked up and down so long that I'm constantly swinging. There is a difference between being a prisoner of hope and an optimist. MLX was not an optimist, he was a prisoner of hope. He justkept on pushing for change despite the odds. To me, to keep on pushing means that lim going to remain aware of the worst problems that are facing our country and that lim going to work towards changing them. So remember that while the sunshine of opportunity may be shining brighter than before, there are still a lot of dark spots out there." After Westis lecture ended, he continued to answer numerous questions from the audience in a question-andanswer period that ended up being longer than the speech itself. Here are some of West's answers from some of the various questions and points brought up by the audience: "If you really love people, (then) you will have a great anger towards injustice. At the same time, you need to be skeptical about too much skepticism." "MLX didn't tell blacks to love white people, he told to them love themselves it's pathological to hate your own kind." "We live in an ice-age, a time when itfs fashionable to be unconcerned about others. It's still a conservative moment in our history. We donit have to go searching for leaders, we are the leaders." While it was clear that everyone in the audience came away very impressed with West and his lecture, it also appeared that West felt the same way about his audience and the questions they asked. As he finished his question-andanswer period, West remarked, 'this is quite a crowd here. Thank you very much." to learn - - �Early Enrollment Bonus Enroll Prior To May Ist... Receive FREE PMBR Multistate Tapes/CDs! MBMnitM* fmj MULTISTATE SPECIALIST Cm- V*4* Hot To \MXI PH3K7 NATIONWIDE TOLL FREE NUMBER: (800) 523-0777 • www.pmbr.com � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Opinion, 2000-04-10 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. The Opinion no. 9 10.04.2000 Date Issued Date of formal issuance (e.g., publication) of the resource. 4/10/2000 Bibliographic Citation A bibliographic reference for the resource. Recommended practice is to include sufficient bibliographic detail to identify the resource as unambiguously as possible. 51 9 Publisher An entity responsible for making the resource available University of Buffalo State University of New York at Buffalo Law School Language A language of the resource eng Type The nature or genre of the resource Newspapers Text Is Part Of A related resource in which the described resource is physically or logically included. LIB-LAW003 Rights Information about rights held in and over the resource <a href="https://rightsstatements.org/page/CNE/1.0/">COPYRIGHT NOT EVALUATED</a>. The copyright and related rights status of this Item has not been evaluated. Please refer to the organization that has made the Item available for more information. You are free to use this Item in any way that is permitted by the copyright and related rights legislation that applies to your use. This digital collection is made available for research and educational purposes. Researchers are responsible for determining copyright status, and securing permissions for use and publication of any material. Copyright for items in this collection may be held by the creators, their heirs, or assigns. Researchers are required to obtain written permission from copyright holders and the University Archives prior to reproducing or publishing materials, including images and quotations. For inquiries about reproduction requests and permissions, please contact the <a href="http://library.buffalo.edu/archives/">University Archives</a>. If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/b30cff58b08f2135abca9017db8ab4e5.pdf 77f0d95cab3ebd91462428be1d168ac4 PDF Text Text Vol. 51, Issue #7.5 TO HE NION STATE UNIVERSITY OF NEW YORKAT BUFFALO SCHOOL OFLAW APRIL 1, 2000 SBA Swamped with Recognition Requests As some on the SBA feared, the SBA continued it's club recognition mania this past week as it recognized a slew of new clubs, organizations and journals. The mania follows the SBA's recognition of the Buffalo Intellectual Property Law Journal at which time fears were expressed that even more organizations might have to be recognized mid-year as a result ofthe precedent. News ofthe precedent raced through the school. Said one student, "I've been waiting for something to join, but everything was already full. This gives me the opportunity to start my own club". Appli- cations for student involvement opportunities began to trickle into the SBA offices and quickly became a torrent. "I guess people just wanted clubs that reflected their own interests" said one 2L. "People are really sick of not having enough clubs to join which further their interests". The first application to be received was for the Alcoholic Law Society. "Afterall, we have some of the highest alcohol abuse rates of any profession" said the founder, who also wished to remain nameless. "Why not have clubs which do what I want to do and prepare me for my professional future. There just aren't enough opportunities in the classroom to practice law while bombed". Soon thereafter, however, the real torrent began with individuals asking to be recognized as an individual club. Said the founder of the Buffalo People Named Ashley Who are Welsh-German Descendants Law Journal (BPNAWAWGDLJ) it "This Journal is very hard to get into shouldlook great to future employers, plus I get to be the editor in chief. The SBA has been considering the ramifications of allowing students to set up their own personal club. "How better to get each person the recognition they de- ... New fall courses to be offered The Opinion has uncovered the following list of new course offerings to be taught in the fall 2000 semester: Law 695 OffTopic Rants. Class will be offered in a traditional lecture setting but will operate like a seminar. Students will be afforded frequent opportunities to use classroom time to vent pet peeves and issues under the guise of discussion. Grading will be based on the student's ability to return to the pet topic time and again regardless of the lecture topic. Extra credit for topics which do not feature moral orracial indignation. Law 822 -PI Practice. Many students will not go to work for large firms. This class helps prepare these students for the type of work which remains open to the independent lawyer. Students will work a slip and fall case from start to finish. Grading will be based upon the student's ability to avoid judicial resolution. Topics to be covered include: techniques for drafting threatening letters; the burdensome discovery request; unsound science/ specious mass tort claims; and billboard advertisement campaigns (featuring guest speakers Celino & Barnes). Law 854 -Academic Masturbation. Students will gaininsight into the worldof legal academia as have the opportunity sit idly by and watch the professor engage in three (3) credit hours of selfthey interested exploration. Topic will be chosen by the professor and will be purely academic, have no future use and will not included on any state bar exam. Grading will be based on student's ability to feign interest and the degree to which research furthers the professor's understanding ofthe subject. Law 876 -Advanced Q Minus. Description to follow. See professor for acceptable pre-requisites. Law 898 Large Firm Practice. Hands on course teaches students to practice under the special demands found only in the large firm environment. Students will experience lack of identity, sleep, food, dignity and learn to tolerate screaming and insults. Location Note: class to be held at the Paris Island - - location. serve," says an SBA director who did not want to be quoted. Some students, however, claim that this sours the prestige of other organizations. Said one journal member: "What goodis all thiswork ifit doesn't make me look better than others? I'm not cite checking articles justfor giggles." Others have objected to the affect this might have on money for SBA-sponsored beer parties. However, many find no problem with the arrangement. Said one 3L: "Hey, if you can set up a personal corporation for tax purposes, why not a personal club for recognition and resume purposes? At least people are getting involved." Asbestos clinic to open This past week, UB Law announced plans to open an asbesclinic. The clinic is to be located in the basement offices, to be created as part ofthe moot court and basement renovation project. It is expected that students and community members will be afforded an opportunity to study the effects of asbestos exposure firsthand. "Just look at all this asbestos going to waste," said one source close to the issue. "Instead of just sitting onthe pipes and in the walls, we could be using it as a teaching tool. It's white gold". The clinic is expected to fit in with other clinics on the campus by improving the school's national profile. As one student put it, "Lawyers have made lots of money offasbestos suits, just think of how that could translate into alumni donations". The initiative is yet another example ofthe school's efforts to turn it's previously hidden flaws into assets by portraying them in the best light possible. "We just call it something cool and presto, it's something we can put in our promotional literature". A recent example was seen in the library's decision to rename it's book collection a 'historic archive.' Said a source close to the library, "We just accentuate the positive, no one has to know our administrative law collection is 30 years old." One student commented "I guess it's no different than calling Perspectives alesson in ethics orreferring to room 104 as the moot court room". "We have a long tradition ofrenaming" said one student "just look at how we renamed the nomination of the graduation speaker as an 'election.'" tos UB Law Plans Self-Study Curriculum In a groundbreaking move, the University at Buffalo Law School will implement a complete self-study curriculum this fall, school administrators have announced. Beginning with the fall 2000 semester, law students will have little or no contact with faculty members, receiving assignments and feedback over the Internet or from teaching assistants, said Prof. Peter Pitegoff, Dean ofAcademic Affairs. "Our studies have shown that interaction with teachers have little impact on a student's learning experience. This move will also allow students to work at their own pace, without the interruption of classes," Pitegoff said. The move, modeled after programs the Carribean and several third-world in countries, is the first of its kind in the United States. Administrators decided to revamp the program at therequest offaculty members, who have increasingly complained that the burden of teaching has interfered with their own academic research. "I was so bogged down with grading tests in January, I missed the deadline to submit changes for an article that had been accepted for the University of Wisconsin Law Review's spring edition. Now it won't go in until the fall," said one pro- fessor, who wished to remain unnamed. "I'm lucky I've been here as long as I have. If this happened to a new professor, it could get in the way of making tenure." According to UB Law's faculty guidelines, a professor's primary responsibility is to publish and maintain a high academic profile. "As much as possible, they try to fit in teaching responsibilities, but the students are starting to just get in the way," stated a school press release. "We have to strike a balance." Administrators agree that opportunities to study outside ofa classroom are growing. Several classes already provide materials via a computer web site, and Lexis and Westlaw are readily available. Where books and online materials fail, several teachers have hired research assistants to ease the burden. The school has also begun amassing a large collection ofvideos to givethe enliven thelearning experience. "The Barßri collection should be sufficient to guide students through law school unscathed, but we will also have the complete Grisham collection to bring the academic learning to life," stated the press release. Like faculty, students are looking Starting next year, UB Law students will be able to download learning materials, such as the above moot court footage. forward to the change. "This is going to be an exciting challenge," said third-year student Peter DeWind." Let's face it. We already have access to all ofthe materials and training we need. Between computers, law reviews, moot courts, alumni mentors and local courts, we're all set. The faculty is stsarting to just get in the way." �Vol. 51, Issue #8 THEOPINION APRIL 1, 2000 STATE UNIVERSITY OF NEW YORK ATBUFFALO SCHOOL OFLAW Faskin Moot Court Team Wins By DavidAllen '01 UB Law's first-year international moot court team took first prize last week at the Fasken Martineau DuMoulin LLP First-Year International Law Moot competition. The nine-person team brought home the top team trophy from the competition, held March 24-25. Team member Yolanda Asamoah-Wade also earned honors for best oralist. "Thefirst-year team did an outstanding job. Each and every one worked their hearts out," said coach Andy Zakrocki. He said the team practiced three to four hours a day, six days each week, in the month leading up to the competition. The UB Law School team annually competes in the competition, which has been held for the past 13 years. Team members included AsamoahWade, Sheri Crosby, Paul Bradnicki, Patrick Radel, Paige Junker, Megan Griffin, Danita Mendez, Amy Weiswasser and John Lazenby. They, and several others who competed in team tryouts earlier this year, will be invited to become associate members of the Jessup Moot Court board. Teams representing six law schools, including Syracuse, Cornell, Osgoode Hall Law School, University of Toronto and Queen's University took part in the competition. The competition surrounded a hypothetical conflict between two mythical countries over the development of a vaccine for a deadly, contageous disease, and the international human rights issue surrounding the related arrest of a medical consultant. The contest, held each year in Toronto, is sponsored by Fasken Martineau DuMoulin LLP, a Canadian law firm with an active international law practice. In hosting the competition, Fasken Martineau DuMoulin provides an opportunity for moot court members in both Canada and the united States to meet and compete in an informal setting. Members of UB First-Year International Moot Court team celebrate after their victory at the Fasken Martineau DuMoulin competition March 24-25. UB Law contemplates changing grading system UB Law administrators are considering changing the school's grading system. Last week, Professor Pitegoff, Vice Dean for Academic Affairs, announced that UB Law's Academic Policy and Planning Committee will recommend shifting the school's grading system to a more traditional process, withA's, B's and C'sreplacing H's and Q's. He presented the proposal to the Student Bar Association. "I think the time is right," said Pitegoff. "The rationale is for a clearer system that will assist students in job placement, coupled with our increasing national reach in career services, and in part a response to hiring partners and other employers (expressing a ) preference for a grading system they understand. "As a practical matter, it will really help in career placement." He indicated that while local employers are well versed in the school's current grading system, those outside of the local area are often baffled by the system ofQ'sandH's. The Academic Policy Committee intends to bring the proposal to the faculty for its approval in the near future. If approved, the grading system would most likely begin with this fall's incoming class. H's and Q's would continue to be given to current students. Under the proposed system, A's would be roughly equivilant of H's, B's would be equal to Q+'s and Q's, and a C would equal a C. Unfortunately, D's and F's will stay the same. Student Bar Association directors list dwindling by David A lien '01 For the fourth time this year, the UB Law Student Board Association has declared vacant a director's seat. During its March 22 meeting, the SBA effeectively removed a second-year director after a series of unexcused absences. The move follows the removal of three third-year directors earlierthis school year, also for excessive unexcused absenses. "We've made ample attempts" to schedule meetings that fit directors' schedules, said SBA President Vince Gregory, acknowledging that students, particularly third-years, are often overwhelmed with work respsonsibilities, schoolwork and bar exam preparations. Gregory also noted that several thiidyear directors were filled with write-in votes, not by people actively seeking board seats. The first vacant seat was filled by third-year student Peter DeWind near the end of the fall semester. SBA members, noting that the there are only one meeting left, say there are no plans to fill the other seats, which were vacated only recently. In other business, the SBA: *Announced that the board will not sponsor a 5Krun this coming year. 'Announced that elections for the SBA executive board will be held April 5 and 6. *Heard a report from Barristers Ball Committee Chairman Mary Snyder, announcing that sales for this year's ball, to be held March 31, have outsold recent years' sale by nearly 200 tickets. *Approved a $900 funding increase for the UB Law Human Rights Law Review. The money will be used to help the group switch publishers. *Voted to give $325 to a group of students competing in a softball tourna- ment in Virginia this month. The money will be used to cover registration fees for the team, which will represent UB Law School. SBA President Vince Gregory cast the deciding ballot on the resolution, breaking a tie vote. Shouting match disrupts SBA meeting ByDm*AU&t VI fi)£y wtf?3 Atricefi*Atncri • 3fhlHdwki 05 biid bt?tJft cut meeting last week, after an atgumeat ova a Softball team's funding reqoest spiiated into several shouimg matches and & near-fistfiiiht, leading to charges filed with campos jiolice Hips ;- m<3 involved v 111 The mclc occured daring the SBA's Maicb 22 meeting, after team representatives answered questions about us selection process. The team, traditionally formed by a loosely-knit groap of third-year seniors, kad sought $925 from the board to cflrnpete in a Chariottesviiie, Virginia, tournament. The SBA eventually granted tfec team $325 to cover registration fees. The debate over tne team *s selection procedure centered an two piayejrs tbird-yeiii students Aataony Pe»dergrass and David Hawkins who bad been dtopped ftoro the team- Tearo tepresejitsauves clairoed the paif were dropped because they -- , shiwld be commoa sense SliVdfcf Silk:. ;. - . . - doa't yell and curse at anyone." : - : : paint funding requests raust be approved by a 2/3 vote. ttean of Student Sen-ices Meimda Saran has met with st\i ral nt'ihost involved the sttuafion. in the inuJcnt man rfioU -.....;■ �April 1,2000 THE OPINION 2 The Opinion Commentary Accusations of Racism Strike A Nerve Co-Editors in Chief: Peter DeWind & Dave Allen Managing Editor: Jared Garlipp News Editor: Kevin Hsi StaffReporter: Peter Nicely Open Positions: Op/Ed Editor; Layout and GraphicsEditor; Business Manager; Web Editor; Photographer;Reporters; Columnists. The Opinion, SUNY at Buffalo Amherst campus, 7 JohnLord O'Brian Hall, Buffalo, New York 14260, (716) 645-2147, is published bi-weekly throughout the Fall and Spring Semesters. The Opinion is the student newspaper of the State University of New York School of Law. Copyright 1999 by the Opinion, SBA. Any reproduction of materials herein is strictly prohibited without the express consent of the Editor-in-Chief and piece writer. Deadline for all submissions is SPM on the Wednesday preceding publication. Later submissions may be accepted at the sole discretion of the editors. Submissions may be submitted at theOpinion offices, sent by mail to the above address, or placed in theOpinion mailbox located in theSBAoffice vestibule. Submissions should be saved on 3.5" disks in either IBM or Macintosh format as either a CorelWordperfecl or Microsoft Word file and be accompanied by a printed copy. Disks labeled wjth a Lockwood mailbox number will be returned. Letter to theEditor Policy: while the Opinionwill not print libelous or anonymous material, all submissions shall be printed entirely and exactly, provided they are signed submissions from a member of the UB Law community (students, faculty, staff, alumni). Submissions will not be edited without the author's consent. The Opinion in no way endorses the viewpoints of its various columnists and contributors. EDITORIAL Eenie, Meenie, Miney, Moe The March 22 Student Bar Association meeting was disrupted by a brouhaha over a school Softball team's selection process. The ugly scene included a student expelled from the meeting, accusations ofracism, a near-fistfight in the hallway outside the meeting, the calling ofcampus police and charges filed against a student for reportedly harassing an SBA member during the meeting. The incident was a black eye to the law school. The worst part about it, however, is that it was that it was going to happen sooner or later ifnot over the ball team, then some other student group. A little background: For the past three years, a group of third-year students have banded together informally to form a school softball team. There are no noticesposted nor any formal tryoutprocedure seemingly little more than a couple ofstudents calling some interested classmates to play ball. Once it's formed, the team has sought (and usually gets) funding from the SBA to compete in a tournament in Vitginia as the official UB Law School team. If two teams are separately formed, then they play each - - other for the right to compete. And each year, complaints are made the team's selection process is arbitrary and unfair. And each year, it appears, the same charge is leveled at several other clubs, teams and publications. At one time or another the Opinion staffhas heard the hallway whispers accusing several clubs, groups andpublications ofbypassing their own writenin-slone bylaws and changing the process midstream. Other groups, the softball team being one, have been charged with having unacceptable procedures, or even no process at all. While few formal complaints have been filed, and most of the rumors can be discounted as coming from sore losers, a few have the disturbingring of truth. If the accusations aren't true, they can stillruin a group's credibility. If they are true, there's a serious problem. Membership in a group or publication, or on a moot court team, is a valuable asset to bring into a job interview. Several Buffalo-areafirms make itclear that potential employees better be on a moot court board or a law journal. In fact, interviewees are often askedpoint-blank why they aren 't. In plain language, UBLaw graduates have to compete against graduates from better-known and more prestigeous, schools for top jobs, and membership in certain clubs, publications or teams will make the difference. Fooling with the membership lists means fooling with people's careers. It's time for the SBA to take steps to ensure groups' credibility by requiring an open selection/scoring process. The SBA sholdrequire (if it doesn 't already) all organizations it funds to provide a written copy of their selection/election/scoring procedures, and form a committee to investigate any accusations of irregularities, with the authority to review score sheets and other relevant materials. Any proven irregularities, or uncooperation, should be subject to disciplinary measures which could include witholding of all SBAfunding. Sure it's harsh, but as those attending the aforementioned SBA meeting can attest to, there are worse alternatives. - By DavidAllen '01 I still get flashbacks from basic training, similar to victims of other traumatic experiences. It was 20 years ago this summer that, fresh out of high school, I kissed my mother goodbye and flew off to San Antonio, Texas, to be issued fatigues and isolated in a dormwith 49 other recruits for six weeks ofmarching, running, and other grueling Air Force initiation rights. The 50 of us represented a healthy cross-section ofsociety; there were city dwellers and country folk; athletes and bookworms; California surfers and New York gang members; teenagers and 30-somethings who had been around the block. But it took fewer than three days for our group to firmly divide itself into two camps white guys and black guys. As we time wore on, an 'us versus them' atmosphere developed, fueled by daily stress and isolation from our families. Animosity between the two groups grew; perceived slights were blown out of proportion and threat passed back and forth. For a while, an intra-squad race riot seemed not only likely, but inevitable. The only thing that kept a lid on the situation was our drill sergeant, a petit (and incidently, black) woman who somehow managed to keep us in line through sheer physical intimidation. We were allready to grab a gun and take on the Russian Army, but not one of us was brave enough to look this five-foot tall, 100-pound woman in the eye. If anybody happens to know the present whereabouts of Staff Sergeant Cynthia Garland, please call her and give her directions to O'Brian Hall. God knows we need her here. The ugliness at last week's Student Bar Association meeting was an unmistakable clue that there are heightening racial tensions at UB Law, which are threatening to explode. A refresher: managers of a softball team seeking SBA funding were accused of using race as a reason for cutting two black students from the team. Team representatives took strong offense at the charge, saying those who were cut didn't attend enough meetings or practices. After that exchange, whether or not racial discrimination occured was moot. The accusation itself, legitimate or not, underscored the rest of the action. The shouting matches over procedure, the near-fistfight in the hall outside the meeting, were all tainted and magnified by the r-word. A week after the meeting, I'm starting to see the disturbingly familiar signs of polarization. People are taking sides, camps are forming, and accusations ofracism are still flying. With four weeks ofclasses remaining, there's a temptation to ignore the situation, and hope it all blows over. As an Opinion editor, I've been asked by more than one person not to 'blow this out ofproportion.' Sorry. That ship has sailed. Last year student Joanne Wong received two anonymous emails belittling her efforts to coordinate an anti-sweatshop conference; the messages were slathered with racial epithets and insults. And last week wasn't the first time and it probably won't be the last - that individuals have been charged with prejudice here. Several students have reported being branded racists after expressing conservative viewpoints in class. Rumors of racism also flew last year when a white student challenged a black student for a leadership position. Racism not only actual, physical racism and discrimination, but accusations of racism, fear ofracism, and even the fear of being branded a racist doesn't go quietly into the good night. It sits and ferments, and will rear its ugly head at the worst time. UB Law administration knows this, and is quickly developing a plan of action to face the issue head-on. Melinda Saran, Acting Associate Dean for Student Services, is arranging for a series of diversity training training workshops. She hopes to start with the SBA, because it is the focal point of student activity, and expand from there; she has also called the university Multi-Cultural Affairs Office for advice. SBA Pesident Vince Gregory said he's eager to take part in the training.'Tll be the first to do it.After all, if we can't handle it in law school how do we handle it inreal life?" "We have an increasingly diverse student body, and we need to have more sensitivity to that," she said, pointing out that perceived discrimination, "not just actual discrimination" disrupts the learning experience. And the problems won't go away after graduation. "Attorneys have to work with diversity," Saran said, adding thatBar Associationsroutinely offer diversity classes as part of ethics training. Part of the solution, she said, is to avoid situations that open the door for questioning. "There needs to be some sort ofprocess for activities, for selections to be apparently non-discriminating. That was the problem with the softball team," she said. Diversity training is a good start. To further diffuse tensions, there exists a need for civil discourse a rational discussion of issues, a blowing offof steam, recommendations for solutions. There are several forums letters to the editor, SBA meetings (following proper procedure, of course), perhaps formal roundtable sessions. The problem is out there, so let's keep it out there where it can't be ignored, where everyone is forced to acknowledge and deal with it. Let's all get started now. Please, don't make me track down Sergeant Garland. - - - - - - - - �April 1,2000 THE OPINION 3 COMING UP Tickets To Studio Arena, Philharmonic Available From SBA . Georgetown sociology professor Robert Manning and UB Scaoo! of roaa* agementDeaa Lewjs mandeU will discass the social casts of siadeat debt and the importance o< moaes< management on Friday. March 31 at 1 hM) p.m. as part of :■- !: .1. in rtwni llit Mandell Maaniag and will speak to the recem chaage* in {he banking in- studertt credit and the overwhelming raminfications of debt. Piedalory financial institutions ate targeting college students by issuing them higfi-irtteiest credit cards Manning and Mandell's lecture is co-sponsored by the UB School ofLaw's Human Right Ksk iatitm and the butl a Right"?. 1 k Revicv Ballgame Trip To SCelnbriaot eek W f*w Seatot « 7;05 p.m. Pregame festtvujes wfil begin Tickets, whjck will cost $14.S<> pet persoa, wdl include a pte-game cook out featuring a chicken breast sandwich, choice ofhot dog Or hamburger, pasta or jossed salad and soft drink. In addition, North Americare Park now feamres a Bison's kids" zone, whh special entertainment designed for young children There will asto be fireworks after the game .Everyone (3L's, 2L's and IL% faculty) aud theu family are invited. See Kelly Zuch for Tickets in room 3] 4. O'Brian Hall. - rfjl|^S^K^>W^y!'+, j£[ = sg|. l-iggj Ifi&g^-i VjgSL^>;^!L^kt■- '.^y*' ■ ■ w"£'::V iJ-^^H - ,?'itfrttff-ii ■ — ■ - -SfßfflSi^^ 87^^^? Issues Forum - To Discuss Hate Crimes The Amencan Jewish Commute of Wesietn New York will hosi an issues , foram titled H*te Otnies: How Chitdien Learn To Bate,' Thursday, March 30. The fomm wBJ feature panelists Exie Cooaty Family Court Judge Michael A. Battle» UB Pr<tfe&*>r/Psycßologist Dr. Cbaule* P. Ewing.aad Aaron Stewart of ti*e O«y and Lesbian Youth Services of New York. The Teen "Reality" Theatre Group will also perform. UB Law Assistant Dean llene Flejschmann will moderate (he panel The evem will lake begin at 7:30 p.m., at ihe Ceater For Tomorrow. AdnmsiOAb LItaSluiwdentsTo ElHectoinld30 March The UB Law School's 11aitasLaw Student Association wiß hold its Eflß.ua! ofiker elßCtioo Thursday, March 30. Elecxtions will be held at 4:30, ie rooox 106 O'Brien Hall, as part of the group's geoetaj ovß<;tiBg. Thos<; inlctest in wnaing shoald coatacf Gab* Di'Maio at Box 322 ot at NAPABA President to speak ai ziuaeni or 00/or ySfefeiK^x'iv. ''"i^Sl££sn?^lJ!!:■' iijiimSffiWltS^ On April 5& 6, law students ■■••": will have the opportunity to fill the offices of the . Student Bar •; Association's wJSfo executive board ApVi " ~/-'-v- * •-■K3' ■" : President, Vice|';": .'/■ ■": LJvjj fig£?fttf ■' ;.".:." ]\-J!$M&. "'■; President, Treasurer and Parlimentarian. "• " The SBA is the board that allocates money to "%'jj-S"?^ "■ student groups, and .hfru"- Vivimrl acts as a conduit between 'ffifip'r iv??clfrfVj : " •']•*&a\V*mc&>T the student body and school administration. We won't waste ::;"-!i" ttn-Sfficd our breath rehashing . the importance of fjjßjSßl^^ voting we're just asking you to take a few seconds to fill out a • ballot next week. It will ''-UHHK -'ViWrnV make a difference. Take : ' oBStl i+gffi* •• our word for it. .".nffi ■ mp lo see to Buffalo Bisons' game wiU be held North Amencate Paik Don't forget the SBA e-board elections SatoudenDinner fColr umner Laura Kiagsly Hong, pt esidenl of the Nattooal Asian Pacific American Bar Association, wiU be the keynote speaker at the UB Uw Studew of Color Recog- I't^SK"' THE AMERICAN JEWISH COMMITTEE OF WNY in cooperation with The Gay and Lesbian Youth Services of New York The League of Women Voters of Greater Buffalo Maimonides Medical Society University at Buffalo Law School WGRZ-TV 2 cordially invite you to attend "ON THE ISSUES' FORUM HATE CRIMES: HOW CHILDREN LEARN TO HATE participants Hoag, a partner in the litigation department of the * law firm Squire, Sanders & Derapsej*, will also address Buffalo Lav Women's Law Journal and the AALSAtne day She h President of the Northern Ohio Chapter of the Federal Bar Association and coatlnuing he* secoad .year as Council to the Uugmoa Section of the Cleveland Bar Association. She teceived her J.D. from Case Western Reserve Law School where shecurrently leaches Trial Tactics, She has been active »n bai Hong served as NAPABA's Secretary for thrns terms tod is Completing he; as NAPABA's VP for Membership. As such, slie has been an active member of N APABA'S Board and Executive ct>romittee for tear years, having served un■ residents Nancy Lee, Paal Lee, Paul Chan and Margie Pujioka. For informatioa umceiniag the Student ofColor Recognition Dtnner April 27, 2(KK), contact Angela Jones al: anjones@acsu.buffalo.edu. For information ■mut Buffalo Women's Law Journal and AALSA dinners, contact Irene Chiu at Hon. Michael A. Battle Erie County Family Court Judge Dr. Charles P. Ewing UB Professor of Law and Psychologist Aaron Stewart term The next issue of the Opinion will be on stands April 11. Submissions must be received by Wednesday, April 5. Gay and Lesbian Youth Services of New York and featuring The Teen "Reality" Theatre Group Thursday, March 30, 2000 7:30 p.m. Center For Tomorrow University at Buffalo, North Campus Flint and Service Center Roads Free Admission For Information call: 877-6234 Reception to Follow � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Opinion, 2000-04-01 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. The Opinion no. 7 01.04.2000 Date Issued Date of formal issuance (e.g., publication) of the resource. 4/1/2000 Bibliographic Citation A bibliographic reference for the resource. Recommended practice is to include sufficient bibliographic detail to identify the resource as unambiguously as possible. 51 7 Publisher An entity responsible for making the resource available University of Buffalo State University of New York at Buffalo Law School Language A language of the resource eng Type The nature or genre of the resource Newspapers Text Is Part Of A related resource in which the described resource is physically or logically included. LIB-LAW003 Rights Information about rights held in and over the resource <a href="https://rightsstatements.org/page/CNE/1.0/">COPYRIGHT NOT EVALUATED</a>. The copyright and related rights status of this Item has not been evaluated. Please refer to the organization that has made the Item available for more information. You are free to use this Item in any way that is permitted by the copyright and related rights legislation that applies to your use. This digital collection is made available for research and educational purposes. Researchers are responsible for determining copyright status, and securing permissions for use and publication of any material. Copyright for items in this collection may be held by the creators, their heirs, or assigns. Researchers are required to obtain written permission from copyright holders and the University Archives prior to reproducing or publishing materials, including images and quotations. For inquiries about reproduction requests and permissions, please contact the <a href="http://library.buffalo.edu/archives/">University Archives</a>. If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/07697df820eb0bb1076c8bdef79fe8e4.pdf 63cd01b2cd12d5e09fdec8da909152f0 PDF Text Text Vol. 51, Issue #6 THEOPINION STATE UNIVERSITY OF NEW YORKATBUFFALO SCHOOL OFLAW MARCH 1,2000 SBA Agrees To Fund IP Journal The Student Bar Association has agreed to give the new intellectual property journal $1,000. The move followed heated discussion at the February 23"* meeting concerning the merits of funding an organization which had only been officially recognized two weeks before. The SBA's decision to provide more than token funding serves to advance the Journal's goal ofpublishing it's first issue by the end ofthis semester. The IP journal had sought, and received official recognition at the SBA's February 9* meeting. At that time,the SBA had approved recognition 17-0, with one abstention. However, immediately following the vote, the Journal asked the SBA to support it's request for $3,500 in funding. The motion was briefly considered but was quickly tabled when it became obvious there were many questions concerning the requested amount. The IP Journal's projected budget indicated that it would cost $8,730 to purchase the necessary equipment and to publish a Spring 2000 edition. The Journal explained, however, that it did not need to receive this whole amount from the SBA in order to publish. The Journal's members explained that they have been extremely successful in securing private funding commitments through donors such as Hodgson, Russ, Andrews, Woods & Goodyear. These donations would serve to cover many of the Journal's costs. Thus, the SBA need only fund a portion ofthe Journal's costs in order to make the task of starting a journal from scratch a reality. Though the cost is lower than it would have been without private funding, the SBA has traditionally has offered new groups only tokenfunding in their first year of existence. This amount, usually 50 or 100 dollars, gives an organization enough funds to operate until the members can prove its viability to the SBA. As executive board member Mary Snyder explained, the SBA is, in effect, investing in the clubs and organizations which it supports. The SBA wants to be sure that the group will be viable before investing by committing funds to it's aims. The funding issue was taken off the table and reconsidered at the SBA's February 23'd meeting. Although there was great interest in discussing the issue, arguments were limited. Total time for discussing the issue was limited to five minutes within which any given class director was only allowed one opportunity to raise points or concerns. Despite these constraints, arguments were spirited as the class directors and officers exchanged their proposed funding levels. Some SBA members expressed concern with breaking away from the tradition of granting only the small start up funding until the Journal had proven itself. Some seemed to be concerned merely with breaking from tradition and setting a pre(Continued on Page 4) Black Law Students Host Visiting High Schoolers by David Allen '01 Last Friday three dozen juniors and seniors from several Buffalo high schools had a close-up view of what it's like to attend law school. The students, from Bennertt, Kensington, Riverside, South Park and Grover Cleveland High Schools, visited UB Law February 25 during a daylong program co-sponsored by the Black Law Association and UB Law. "It's a community outreach program," said BLSA member Steve Smith '01, who helped organize the program. During the visit, the 36 visitors, interested in pursuing a legal education, took a sample Law School Admisstions Test and attended a lecture on hearsay from UB clinical Associate Professor Charles Carr. They also attended a question-and-answer panel consisting of five UB Law graduates. "It's gone great. They've asked insightful questions, and seem very interested," said Smith. Future law students listen to a lason in hearsay during a Feb. 25 visit to UB law. Barrister's Ball Ticket Sales End Friday The annual Barrister's Ball will be held Friday, March 31. According to planners, this year's ball will be the best yet Think of it as your senior prom, with booze and smarter people! This year's Barrister's Ball will be held from 7 p.m midnight downtown at the Hyatt Grand Ballroom. The Hyatt is about a block away from Chippewa, so after the ball, studnets can continue the festivities.Tickets will cost $27 per person. UB Law students oin take advantage of a special rate of for $79 a rooom at the Hyatt. "This discount is given so everyone at the ball can party without the worry of a DYVI." said SBA Parlimentarian Mary Snyder. Cocktail hour starts at 7 p.m. with a top-shelf open bar. As is tradition, the bar will be closed during dinner which begins at 8 p.m., it will reopen at 9 p.m. for the rest of the evening. This year's food choices are .sirloin tips, chicken picatta or vegetable For dessert,indulge in cheesecake on a rasberry choio j| late covered plate. The Disc Jockey is scheduled to begin playing music after dirinei, from about 9 p.m. until midnight, but attendees are wel» coined to dance if they feel inspired at anytime during the evening. This year's DJ welcomes requests, so if you have some favorite songs, feel free to bring your own favroite CD's. Tickets went or sa!e Monday, Feb, 21, and will continue to be sold until Friday, March 3; they can be purchased daily h| front of the SBA office from 9 a.m. until 5 p.m. Those planning to attend need to purchase their tickets tajr this Friday because,:; the Hyatt needs advance notice of the head count. Questions regarding the ball can be directed to Snyder in the SBA office. , UB Professor Finley Honored at Celebration of Women in the Law by DavidAllen '01 UB Law Professor Lucinda M. Finley was among 10 pioneers honored last week during Western New York's first Celebration of Women in the Law luncheon. The event, sponsored by the Eighth Judicial District's Committee on Women, is an effort to celebrate Women's History Month. The Committee has established a 'Hall of Fame'of women in the WNY legal community who have made outstanding contributions to the bench, bar, legal profession and the community at large. "I am deeply honored by the recognition of my peers," she said. "To berecognized by one's peers is the greatest honor I can achieve as a lawyer." At ÜB, Professor Finley teaches and researches areas in tort law, women and the law, reproductive rights, employment discrimination, and first amendment and equal protection law. She is director of ÜB's Women's Law Journal, as well as the Gender, Law and Social Policy Program of the Baldy Center for Law and Social Policy. She helped create the law school's legal research program in legal research and writing, and served as its Director for its first three years. An internationally recognized scholar in the fields of tort law and woman and the law, she frequently testifies before the United States Congress and the new York Legislature on several issues. The Professor was also the first woman lawyer to argue a case before the U.S. Supreme Court. In 1996 she successfully represented WNY health clinics and the Pro-Choice Network ofWestern New York in Schenck v. Pro-Choice Network, a First Amendment case involving the limits courts may place on demonstration activities by anti-abortion protestors. She also was part of the only father-daughter team to appear before the Supreme Court, litigating a 1991 case involving the taxability of Title VII employment damages in U.S. v. Burke. A Phi Beta Kappa graduate of Banard College and an honors graduate of Columbia University Law School, Professor Finley taught two years at Yale Law School, and was an adjunct professor at Cornell Law School before joining ÜB. She is also active in the Buffalo community, on the board of directors ofhallwalls Contemporary Art Center and the Buffalo Equestrian Center. She also works closely with Planned Parenthood of Buffalo and Erie County an their Reproductive Health Access Committee. "I am grateful that UB Law and the Western New York law community value community service in addiion to professional service," Professor Finley (Continued on page 4) �THE OPINION 2 The Opinion Co-Editors in Chief: Peter DeWind & Dave Allen News Editor: Kevin Hsi StaffReporter: Peter Nicely Open Positions: Op/Ed Editor; Layout and GraphicsEditor; Business Manager; Web Editor; Photographer; Reporters; Columnists. The Opinion, SUNY at BuffaloAmherst campus, 7 JohnLord O'Brian Hall, Buffalo, New York 14260, (716) 645-2147, is published bi-weekly throughout the Fall and Spring Semesters. The Opinion is the student newspaper of the State University of New York School of Law. Copyright 1999 by the Opinion, SBA. Any reproduction of materials herein is strictly prohibited without the express consent of the Editor-in-Chief and piece writer. Deadline for all submissions is SPM on the Wednesday preceding publication. Later submissions may be accepted at the sole discretion of the editors. Submissions may be submitted at the Opinion offices, sent by mail to theabove address, or placed in the Opinion mailboxlocated in the SBAoffice vestibule. Submissions should be saved on 3.5" disks in either IBM or Macintosh format as either a CorelWordperfect or Microsoft Word file and be accompanied by a printed copy. Disks labeled with a Lockwood mailbox number will be returned. Letter to the Editor Policy: whiletheOpinion will not print libelous or anonymous material, all submissions shall be printed entirely and exactly, provided they are signed submissions from a memberof the UB Law community (students, faculty, staff, alumni). Submissions will not be edited without the author's consent. The Opinion in no way endorses the viewpoints of its various columnists and contributors. EDITORIAL GUEST Big Money and Politics By Pete Nicely '01 Passage ofH.R. 2366 came nine days after the February 7 issue of Time Magazine ran a cover story entitled " How the Little Guy Gets Crunched". The cover featured the image of a huge well-healed foot with a dollar sign on the sole about to trample six tinypeople scrambling for safety in a green field. The cover caption read " Big Money & Politics: Who Gets Hurt." The article contained an account given by a State Official who told of how a Congressman refused to speak with him when the Official told the Congressman that he was not there to make a "political contribution ". The story tellsabout how Washington politicians are for sale to big-money lobbyists and interest groups. This is thepessimistic view ofhow ourpolitical system works. Unfortunately, the view is widespread. H.R. 2366 (see story on page 4) would restrict punitive damages against small businesses to cases of "willful misconduct",cap punitive damges against small businesses, eliminate jointand severalliability, and heavily restrictproduct liability against sellers, renters and leasers. Ifapproved there, the Bill wouldthen go to President Clinton to be signed into law. Passage by the Senate is verypossible, but the President would most likely veto any such legislation that comes before him. It is unfortunate because there is no more effective way for various interest groups to influence their elected representatives. Elections cost money and each group organizes and raises funds to help their representative win. The more reps you have the more likely your group is to gel favorable legislation passed. Unhealthy problems can arise though if groups with more money but fewer members can exert more influence on lawmakers. That may or may not be what is happening with this legislation. It is unclear why a Conservative Congress so concerned with States rights would suddenly pass legislation that is so contrary to their formerly expressed intentions. H.R. 2366 is similar to tortreforms passed by Governor George W. Bush Jr. in the State ofTexas several years ago. The biggest benefactors of that legislation have been insurance companies which have not lowered their rates since the reform was passed (even though their payouts where dramatically reduced) and, of course, businesses. The full impact on those who are unfortunate enough to suffer an injury in the Stale of Texas is yet to be seen. Since it is now easier for businesses to get away with harmful behavior there, it is likely that this group ofinjured individuals is now growing in number. If Clinton vetoes this legislation, George W. Bush (if he is nominated as the Republican Party candidate for President), will begin to throw what is surely a well polished tort " reform " curve ball. IfBush is elected and ifthe Republican's maintain control of Congress, then the many may be at the mercy ofthe few because many are too apathetic to participate in the governmental process. March 1,2000 LetrsE hoe ditor To all members of the Campus Community: Students typically encounter a great deal of stress (academic, living arrangement, family, work, financial) during the course of an academic year. For some, the pressures become overwhelming and feel unmanageable. The purpose of this letter is to help you identify both the less obvious and the more dramatic signs of emotional distress and to suggest how you might be ofassistance to students. Among the signs of more serious distress are: *Actual self-harming (cutting; taking an overdose of medication, drug or toxic chemical). *Attempting to harm one's self (climbing out onto a window ledge or the roof). *Talking to others about killing one's self. * Leaving a suicide note. *Aggressiveness in dealing with the environment(slamming doors violently, one's fist to break a windoew or hit walls, throwing and/or breaking of furniusing ture). *Aggressiveness toward others (screaming, threatening, insulting, actual physical attack). These signs of serious distress should be reported to the university Police (ext. 2222) without delay in order to ensure the individual's safety. If the student resides in the residence halls, his/her Hall Director or the Office of Residence Life (645-2171) should also be notified. Some less obvious behavior that may function as signals that a student may be feeling more anxious or depressed than usual are the patterns of coping described below. *Social participation (person either becomes significantly more dependent on your time and attention or withdraws from usual participation and becomes relatively socially isolated). * Appearance (a usually neat person becomes careless in terms of hygene and/or dress). *Class attendance (person either becomes significantly inconsistant or stops attending classes.) *Energy (unusual fatigue or inexplicable bursts of activity which may or may not be productive). *Mood (unusually irritable, restless, sad). *Alcohol/substance use(occasional drinker/user engages in the activity with significantly greater frequency and/or the amount consumed per usage increases significantly). *Extreme weight loss/gain. You can be of assistance by encouraging the person to contact one of the following services: Counseling Center, 120Richmond Quadrangle, Ellicott Complex (645-2720). To schedule an appointment, phone or walk-in weekdays 8:30 AM to 5 PM. Services are free, voluntary and confidential. Crisis Services, Inc. (834-3131). An off-campus, daily, 24-hour telephone hotline; if necessary and appropriate Crisis Services' Emergency-Outreach Unit can come to campus for evaluation ofrisk to self or others. The Office of Academic Advisement. Academic Deans and other offices provide assistance for academically related problems. Their names and numbers can be found in the University Directory. If you have concerns about someone, call the Counseling Center (645-2720) and consult with the counselor on duty. Remember: It is better to obtain assurance that a perceived problem is not serious than not to call at all. Yours truly, The Staff of the Counseling Center ADVERTISE IN THE OPINION 645-2147 �March 1,2000 THE OPINION 3 UB Hosts Mugel Tax Moot Court ByPeterDeWind'OO Judges. Judges on the final day of competition included Anne Dils, clerk to US Tax Court Judge Thornton, Professor Sharon Stern Gerstman, Professor Kenneth Joyce, Sherman Levely, Esq. (Rochester), Federal Magistrate Jonathan Feldman, Professor Louis DelCotto, John Steele (retired IRS District Counsel), and United States Tax Court Special Trial Judge John Pajak. The Mugel competition benefitsthe school by giving UB national visibility in tax and advocacy. It also is the means by which the Board's associate membership, selected in the fall semester's Desmond competition, earn their full membership and learn the intricacies of running a competition from 3L's Dana Lundberg and Kelly Phillips, who put dozens of hours into organizing the competition. The competition also gives law students an opportunity to come together socially as well as competitively. Post round get togethers were held at Thursday at the Calumet and Friday at Soho giving visiting teams and coaches the opportunity to see the Chippewa nightlife. This competition ended with an award banquet held at the downtown Hyatt. to act as The University of Maryland School ofLaw walked away with top honors in the 2000 Albert R. Mugel National Tax Moot Court Competition held this past weekend. This years competition, put onby theBuffalo Moot Court Board, saw the largest field of competitors in it's history. Nineteen teams, comprised of two or three competitors each, descended upon Erie County Court to compete in the annual competition. The teams hailed from thirteen National law schools including Buffalo which fielded two teams. The competition tests the team's written and oral argument skills with a complex taxation problem. This year's problem asked whether the proceeds of a lawsuit should be considered regular income or a capital gain when purchased from a parent company by it's fully owed subsidiary. The technical and challenging question was created by ÜB's own Professor Ken Joyce who also served as a Judge in the competition's final round. Competitors submitted written briefs on the problem before arguing in preliminary rounds on Thursday, February 24lh and Friday, February 25 th The top scoring teams then . moved on to the semi-finals and fi- nals which were held Saturday morning in County Court chambers. The preliminary rounds were scored by panels made up of local attorneys who volunteered their time OVERALL COMPETITION: Ist Place University of Maryland School of Law (Michael Lloyd - and Lisa Ladner) 2nd Place University of Alabama School of Law(Bert Amason and Davis Smith) Semi-Finalist Michigan State - - University - Detroit College ofLaw (Jill Harding, Erin Reedy, and Ryan Mattson) Semi-Finalist Brooklyn Law School (Gabrielle Pak, John Pokorny, and Joseph Lucosky) BEST BRIEF: Ist - Northern Kentucky University, Chase College of Law (Brock Denton and Hugh "Trigg" Mitchell) 2nd - Louisiana State University School of Law (Jamie Joiner, Pamela Shultz and Wade McKnight) 3rd - Widener University School of Law (Pennsylvania) (Jamie Baron and Matthew Williams) 4th Brooklyn Law School (Gabrielle Pak, John Pokorny and Joseph Lucosky) sth TIE Syracuse UniverSchool of Law (Mimi Moon, sity Michael Sim and Michael Cirone) University of Maryland School of Law (Michael Lloyd and Lisa Ladner) - - - - BEST ORALIST: Ist - Michael Lloyd - University of Maryland School of Law 2nd Charles Blomquist University of Baltimore School of Law 3rd - Stephanie Hahn Quinnipiac College School of Law 4th Erin Reedy Michigan State University - Detroit College of Law sth Joseph Lucosky - Brooklyn Law School - - - - Commencement plans announced Former UB Law Professor Thomas Buergenthal will present the keynote address during commencement exercises, the Law School's Commencement Committee recently announced. Commencement exercises will be held May 14, at 5 p.m. in the Center for the Arts. Buergenthal, currently a law professor at George Washington University, is currently vicechairman of the Claims Resolution Tribunal for Dormant Accounts, and was recently nominated by the United States to serve out an unfinished term on the International Court of Justice. The university plans to give Buergenthal an honorary Doctor of Law degree during the ceremony. The committee also announced other speakers, including student speaker Anthony Pendergrass and faculty speaker Betty Mensch. Susan Burch will sing the national anthem. For students participating in the commencement ceremony, March 15 is the last day to be measured for caps and gowns. Graduates can rent caps and gowns from BPILP to help support the group's Equal Justice Summer Fellowships. Important dates for graduating seniors are posted next to the R&R office on the third floor of O'Brien Hall. Business Review seeks submissions The Buffalo Business Review is seeking submissions of articles or manuscripts for publication it its Spring 200 issue. The articles should range in length from 1-20 pages or up to 25,000 words and can include graphs, charts, or any other appropriate visual aids. The deadline for submissions is March 15. The articles can address a breadth of businesses from the large corporation to the single entrepreneur and can touch on all the aspects of the business environment including financial, organizational, legal, technological and humanresource issues. Articles dealing with issues that are pertinant to business and economic factors in Western New York are encouraged. The articles should be typed in Microspft Word 6.0 or 7.0 or a compatible program. Any charts, graphs, or other visual depictions should be included in the document (and on the disc version) when it is submitted. Please include your full name, office address and a phone/fax/email where you may be reached. When submitting publications Buffalo Business Review, you to the a must include hard copy version and a final saved version on a 3.5 inch IBM-formatted disc. Both the hard copy and diskette will be returned to you if you include the necessary envelope and postage. Submissions may be sent by email to scudder@acsu.buffalo.edu as an attached Word document that conforms to the above specifications. If you choose to submit your document via email, a hard copy also must be sent. The address for submission is Brion A. Scudder, Buffalo Business Review, State University of New York at Buffalo, School of Management, 316 Jacobs Hall, Buffalo, New York 14261. YOUR AD HERE 645-2147 H I Cochran visits UB By DavidAllen '01 The violent bigotry ofthe mid-20th Century has been replaced with a more subtle, insidious "new bigotry...more far-reaching than ever before," said famed attorney Johnnie Cochran during a recent visit to the University at Buffalo. Cochran, who's high-profile client list includes Simpson, Michael Jackson, Reginald Denny and thia Wiggins, visited UB Feb. 16 to present the keynote addrss at the Annual Martin Luther King, Jr. Commemoration. "There is stillracial injustice. It's not Jim Crow, now it's Jim Crow Jr.," he said. During the commoration, presented by UB and the James Fenton Lecture Foundation, Cochran discussed influence ofmedia on ; relations. "I believe the media plays a great role in shapracial perceptions," he said. Cochran, named Lawyer ofthe Yearby the National Law Journal in 1995, is a member ofthe prestigious International Academy ofTrial Lawyers and the American College ofTrial Lawyers. His autobiography, "Journey to Justice" , was a national bestseller. He is a graduate ofthe University of California at Los Angeles and Loyola Law School. He servedas deputy city attorney for the City ofLos Angeles before founding his own law firm in 1965. In 1977, Cochran became the first African American to be named one of three deputy District Attorneys in the city. He returned to private practice in 1981. No stranger to the media - the Simpson trial was covered gavel to gavel on cable television Cochran the media often fails to protray minorities in a light. "Blacks are more than NBA players and entertainers, and must be portrayed as such in the media," he said. "Based onthe images we see, you would think that black people were the only ones using crack coaine. Statistics don't bear that one out." Cochran's analysis was not all negative he said he was pleased with the local coverage given a local case he litigated in Buffalo last fall. In that wrongful death suit, he represented the family of Cynthia Wiggins, a 16-year-old Black teenager who was run over and killed while trying to cross a highway onher way to her job at the Walden Galleria. The family accused the mall's owners of denying mall access to busses picking up passengers from the Wiggins' largely minority neighborhood. At the beginning of the trial, which was later settled, local media dwelled on the fact that the jury pool overwhelmingly consisted ofCaucasions. "There were 95 jurors from Buffalo. Five were African-American, and the five were pretty soon gone. There was no one left who looked like Cynthia Wiggins or myself," he said. It's not just about color, he said; "It's about life experience." The heavy coverage ofthe jury makeup has led to the formation ofa 'blue-ribbon' committee to look scarcity ofminority jurors. It is led by an AfriAmerican judge. "All we want...is a fundamental amount offairness," he said. He also praised the local news media three of Buffalo's televisions are led by African-American general managers. "Real change can only come through by starting dialogue. For all that devides us in this country, there is much more that bonds us," he said. Cochran's visit was sponsored by the Buffalo X R k I - — Ye Association ofBlack Journalists. — �March 1,2000 THE OPINION 4 House narrowly passes tort reform bill By Pete Nicely '01 On February 16, 2000, the U.S House ofRepresentatives narrowlypassed House Resolution 2366, the " Small Business Liability Reform Act". See WL 1999 CONG US HR 2366. Republicans introduced and supported the Bill and Democrats opposed it. Seventeen Republicans broke lines and voted against while twenty-three Democrats voted for it. The Bill now goes to the Senate for a vote. If approved there, the Bill wouldthen go to President Clinton to be signed into law. Passage by the Senate is very possible, but the President would most likely veto any such legislation that comes before him. This Bill would restrict punitive damages against small businesses to cases of" willful misconduct", cap punitive damages against small businesses, restrict joint and several liability, and restrict product liability against sellers, rentors, and leasors. Title I of the Bill, " Small Business Lawsuit Abuse Protection", is based on Congressional findings that: 1.)the current civil justice system effects interstate commerce by decreasing the availability of goods and services in commerce; 2.) the " legal system" is irrational, uncertain and unfair; 3.) " the spiraling costs of litiga- SBA funds new IP journal (Continued from page 1) cedent which future start up groups could point to when seeking to get a new organizationstarted off in full swing. Others, however, seemed concerned with overfunding a groupwhich had not yet established a long term track record. This latter argument seemed to focus up a concern thatthe Journal would not use all of the money allocated to it. Proponents of this view frequently pointed to the Opinion as a prime example of a situation in which an organization was granted fund- ing based upon a proposed budget plan which was later abandoned. 3L class director Peter DeWind attempted to distinguishthe two organizations by pointing out that unlike the Opinion, the Journal enjoys a wealth'of student interest and has ensured its continuity ofleadership by being composed primarily of 1 and 2Ls. The Opinion's budget, on the other hand, had been based upon a speculative proposal as the current staff were graduatingand no future editorial boardexisted to follow their proposed budget in the following year. The IP Journal would not be graduating its staff at the end of the year. Others pointed out that the group had already been quite successful in private fund-raising, a factor which the SBA looks to in determining future funding levels. Further, that there was nothing the Journal could prove at budget time, some two months away, that could not be proven at the present time. In other matters, the Board approved additional funding for a "Well-ness Day" proposal from the Domestic Violence Task Force. The DVTF proposal called for a six hour self-defense techniques workshop to be offered to the student body in the coming weeks. Discussion focused around the DVTF's remaining budget and how this program will benefit the Law School's student body. tionand the magnitude and unpredictability of punitive damage awards and noneconomic [sic] damage awards have continued unabated for more than thirty years"; 4.) the Supreme Court has recognized that some punitive damage may be unconstitutional if it grossly exceeds the government interest in deterring unlawful conduct; 5.) joint and several liability can also be "grossly excessive"; 6.) small businesses are often involved in lawsuits where their actions had little or nothing to do with the injury and they therefore may have unjust costs due to the possibility of unfair damage awards; 7.) these costs are acute since small businesses often lack the resources to challenge unwarranted lawsuits; 8.) the current system raises small business insurance costs on the interstate market; 9.) this reform willpromote free flow of goods and services in interstate commerce and decrease litigiousness; and 10) Congress has the power to enact this legislation under clauses 3,9, and 18 ofArticle lof the U.S. Constitution and under the 14" Amendment to the U.S. Constitution. // the Bill passes into law it could very well withstand judicial scrutiny under the Commerce clause. Though the purpose ofTitle I can be inferredfrom these " findings", there is no stated purpose for this Title of the Bill. Title I would prohibit punitive damages against businesses with twenty-five or fewer employers unless the trial court has determines that" clear and convincing evidence" shows the defendantinjured the plaintiff " through willful misconduct or with a conscious, flagrant disregard to rights orsafety." In those cases where punitive damages would be allowed, damages would be limited to three times compensatory damages or $250,000, whichever is less. Courts will be directed to " determine the percentage of responsibility of each person responsible for" injuries, thus restricting joint and several liability by requiring plaintiffs to recover separately from each tortfeasor. The act wouldapply to all States and would preempt any State law not consistent with the Act. The Act would not apply to injuries resulting from violent crime, international terrorism, hate crime, sexual offenses, or civil rights offenses. It would not apply to actions for injuries brought under the Oil Pollution Act of 1980 or the Comprehensive Environmental Response, Compensation, and Liability Act of 1980. Nor would it apply to cases where the defendant was intoxicated by alcohol or drugs or where the action is brought by the United States against individuals for acts of fraud, false statements or false claims. , The significance, utility, or efficacy ofthe number twenty-five is not statedand it is not readily apparent why twenty-five employees should be the cut-off-point. Title II of the Act, " Product Seller Fair Treatment", is based on findings that: 1.) though product liability actions may encourage safer products they may also raise prices and directly effect interstate commerce; 2.) product liability rules oflaw are inconsistent among the various States and may be inequitable to parties involved in litigation and may "impose burdens on interstate commerce;" 3.) product liability may effect the " well-being" of small businesses; 4.) product liability laws of one State may adversely effect other States so it is appropriate for Congress to institute uniform laws that preempt State law; and 5.) Congress has the power to do so under clause three, section eight, of Article I of the U.S Constitution. The stated purpose of Title II is to "promote the free flow of goods and services and lessen the burdens on interstate commerce by establishing uniform legal principles" and "reducing the unacceptable costs and delays in product liability actions caused by excessive litigation ...". Basically, Title II would practically eliminate product liability suits against product sellers and limit liability of product rentors and leasors. Finley among WNY lawyers honored (Continued from page 1) said. Also honored at the luncheon were: *The late Hon. M. Delores Denman, who was Presiding Justice of the Appellate Division, Fourth Department, from 1991 until shortly before her recent death in January. She was a 1965 graduate of UB Law School. *Charlotte Smallwood Cook, a trial lawyer in her 53rd year ofpractice. A 1946 graduate of Columbia University Law School, she became New York's first woman District Attorney when she was elected to the position in Wyoming County in 1950, at the age of 26. *Ann Evanko, the first woman admitted to membership in the law firm Hurwitz and Fine, P.C.. She is now vice president and a member of the management committee. *Constance Eve, Chairperson and founder ofWomen for Human Rights and Dignity, Inc, a not-for-profit human services organization. She and her husband, NYS Assembly Deputy Speaker Authur Eve were awarded the 1999 National Conference for Community and Justice Citation Awards. * Maryanne Saccomando Freedman, the first woman president of both the New York State Bar Associatoin and the Erie County Bar Association. A UB Law graduate, she has been honored with the NYSBA's Ruth G. Shapiro Award and was the Erie County Bar Association's Lawyer of the Year. *Marjorie Girth, a facultymember at UB Law from 1992-96, serving as Associate Dean from 1986-87. Currently a professor at Georgia State university, she won several awards while at ÜB, including the school's Outstanding Faculty Award. *Hon. Jacqueline Koshian, a Justice of the New York State Supreme Court since 1986. A 1959 UB Law graduate, she has received the Distinguished Alumni Award from the UB LAw Alumni Association and an award for community service and professional achievement from the Niagara Falls Bar Association. *Denise O'Donnell, a founding member of the local Women's Bar Association. A 1982UB Law graduate, she has distinguished herself within the U.S. Attorney's Office ofthe Western District ofNew York; she was nominated by President Clinton as U.S. attorney in 1998. *Hon. Rose Sconiers, a New York State Supreme Court Justice. A 1973 graduate of UB Law, she has served as Executive Attorney for the Legal Aid Bureau of Buffalo, Inc. and as Assistant Corporation Counsel for the City of Buffalo. ADVERTISE IN THE OPINION 645-2147 � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Opinion, 2000-03-01 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. The Opinion no. 6 01.03.2000 Date Issued Date of formal issuance (e.g., publication) of the resource. 3/1/2000 Bibliographic Citation A bibliographic reference for the resource. Recommended practice is to include sufficient bibliographic detail to identify the resource as unambiguously as possible. 51 6 Publisher An entity responsible for making the resource available University of Buffalo State University of New York at Buffalo Law School Language A language of the resource eng Type The nature or genre of the resource Newspapers Text Is Part Of A related resource in which the described resource is physically or logically included. LIB-LAW003 Rights Information about rights held in and over the resource <a href="https://rightsstatements.org/page/CNE/1.0/">COPYRIGHT NOT EVALUATED</a>. The copyright and related rights status of this Item has not been evaluated. Please refer to the organization that has made the Item available for more information. You are free to use this Item in any way that is permitted by the copyright and related rights legislation that applies to your use. This digital collection is made available for research and educational purposes. Researchers are responsible for determining copyright status, and securing permissions for use and publication of any material. Copyright for items in this collection may be held by the creators, their heirs, or assigns. Researchers are required to obtain written permission from copyright holders and the University Archives prior to reproducing or publishing materials, including images and quotations. For inquiries about reproduction requests and permissions, please contact the <a href="http://library.buffalo.edu/archives/">University Archives</a>. If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/9652188733d347e8f9077cef60cc03b5.pdf 8d42b656e844e01b6e003038fe2a0a9f PDF Text Text Vol. 51, Issue #5 O THE PINION STATE UNIVERSITY OF NEW YORK ATBUFFALO SCHOOL OF LAW FEBRUARY 14, 2000 Class Yearbook Effort Cancelled The UB Law Student Bar Associatoin abandoned attempts to put together a yearbook for the Class of 2000 after repeated requests for 3L involvement went largely unanswered. SBA VicePresident Tanya McDuffie announced during the organization's February 9 meeting. She reported that it was not possible to create the yearbook without assistance from members of the 3L class. The SBA's Yearbook Committee had sent notices to all third year law students requesting students willing to work on their own yearbook. These notices brought little response leaving only McDuffie, a 2L, to do most of the work. One volunteer with prior yearbook experience characterized the task as impossible for one person to complete before the semester ends. "It took three people working all last year to put out last year's yearbook," said second-year student David Allen, who spent a year as a high-school yearbook advisor before entering law school. "This late in the year, I don't see how it could be done at all." A yearbook would have also carried a financial burden. The SBA budget lines currently include $1,000 for the yearbook project. A completed project would have in the neighborhood of $10,000 or $12,000, SBA officials said. Many ofthose funds would have come from yearbook purchases and advertising. Such advertising and layout is are examples of the type of tasks requiring ascost sistance from some of the 3Lclass. Funding availability alone is not enough to get the job done without the additional manpower to put the funds to some use. McDuffie took on the project on behalf of the SBA after attempts to find an editor earlier this year failed. Although the Class of 2000 will not have a yearbook, 3L Elizabeth Snyder announced that she would be spearheading a replacement memento. At the Wednesday SBA meeting she announced an effort to produce a 'memory book. Snyder reported that this would likely be produced on cardstock through a xerox process similar to the creation ofthe SBA phone directory. An additional similarity to the phone directory is the method in which the book will be funded. The Opinion has agreed to donate their excess funds to cover printing and reproduction costs.. Also during the meeting, the SBA: �Granted Robin Barovick (3L) $300 to present a paper at the Fifth Annual Na- tional Student Convocation at the Suffolk University School of Law. The money will help cover travel expenses to the school which is located in Boston, Massachusetts. The SBA has previously approved funding for students traveling to such events as ATLA and sports law conferences. For more information on how to make a similar funding proposal, contact your SBA representatives. * Officially recognized the Intellectual Property Journal. Efforts to establish an Intellectual Property Journal were underway for much of the fall.. The SBA voted 17-0, with one abstention, in favor of recognizing the organization. This makes the journal one of only seven other journals in the country dedicated exclu- sively to intellectual property law. Official recognition also makes the journal eligible to receive SBAfunding. The journal asked for $2,730 which represents the remainder of their proposed budget not met by other sources. The rest of their budget had already been accounted for through private donations from prominent local firms. Discussion following the proposal concentrated on the speculative nature of new and unproven organizations. It is the Board's practice to only give a token of $50 or $100 toward new clubs until they demonstrate their performance and longevity. The following year's budget is then based upon that performance from the year before. The budget discussion was subsequently tabled for a future meeting. Cochran to deliver speech at UB Fameddefense attorney Johnnie Cochran, Jr., will speak at the University at Buffalo this week. Cochran, whose high-profile clients have included O.J. Simpson, Reginald Denny and Michael Jackson, will present the keynote address at ÜB's 24th Annual Martin Luther King, Jr., Commemoration on Feb. 16. He will speak on the influence of the media on race relations. A graduate of the University of California at Los Angels and Loyala Law School, Cochran served as deputy city attorney for the City of Los Angeles, assigned to the Criminal Division, for two years before founding a private firm. The commemoration will be presented by UB and the ames Fenton Lecture Foundation. It is sponsored by the Buffalo Association of Black Jounalists. Ellen Gibson, Director of UB Law Library, Retires by Peter Nicely '01 On December 17, 1999 Ellen Gibson, the longtime Director of the Law Library has retired. Ms. Gibson was withthe Law Library for twenty five years and was the Director sincer 1984. She now plans to enjoy her retirement pursuing her many other interests. The Law School is currently conducting a search for a new Director and hopes to have the position filled in the next few months. Marcia Zubrow is currently the acting Director. Ms. Gibson first joinded the Law Library reference staff at UB in 1974. She worked part-time at the library for several years and began attending law school in 1977 and earned her Juris Doctorate from UB in 1980. She was originally interested in progressing in the field of Law Librarianship and academic administration, but in the course of her legal studies she became interested in Tax Law. After graduating and becoming licensed she practiced in pension law and estates for three years at Albrecht, McGuire, Heffrin and Grey where she met her husband who is still with the firm. In 1983 the UB Law Library Directorship was vacant and the school was not satisfied with any of the candidates whoapplied to fill the position. Tom Hedrick, who was the Dean of the Law School at that time (later Provost and now Dean of the School of Architecture) contacted Ms. Gibson and she agreed to take the position as Director as it gave her more free time to spend with her two young children. At that time Ms. Gibson had little experience in library administration and Wade Newhouse now UB Law Professor Emeritus, who has taught Constitutional Law, International Law, and Educational Law, acted as the Director and Ms. Gibson acted as the Assistant Director while she learned how to do the job. She took over the Directorship in 1984 and published her first edition of New York Legal Research Guide in!9BB. For that publication she received theAndrews Bibliographic Award from the American Association of Law Librarians. In 1998 she published her second edition of the Bill Manns. The Guide is now in its thirdedition. When Ms. Gibson began her work here, there was really no comprehensive New York legal research guide available. She recognized the need for a comprehensive guide and spent years compiling and organizing sources and writing the guide. The Guide also contains information and Guide for which she recieved the Tony Greek Award from the Association of Law Libraries of Upstate New York. The Guide is considered to be the most comprehensive and authoritative reference book on legal research in New York State. The first edition was published in 1988, when Lexis and Westlaw existed but the internet did not. The revised second edition, published in 1998, contains an expansion of the first edition's historical work along with information on internet legal research databases and other legal research sources that are available on Statelaw. The revised edition also contains a large section on researching New York City law which was written by theAssistant director at St. John's, resources available on topics such as background on the New York State Admininistrative Code and peculiarities of the history of how our consolidated laws came to be. Ms. Gibson now plans to pursue her many other interests. Currently she is working with the Sierra Club, the Audobon Society, the Citizen's Campaign for the Environment to persuade the State to designate Zore Valley "Multiple Use" Area as a natural area to prevent logging of old-growth timber inside the gorge, but the State Dept. of Environmental Conservation wants to reserve the right to log this natural area which Ms. Gibson loves dearly. Reservation ofthis right would only leave open the door for future logging which would mar the beauty and depleat the soil of the area. Zore Valley is truly beloved by many naturalists and recreationalists who would rather lie down and die before allowing it to be logged. Ms. Gibson is also the present Chair ofthe local Adirondack Mountain Club. In the past, she participated in the successful effort to prevent the State from logging Wild Cherry stands in Allegheny State Park. Ms. Gibson's real passion is backpacking. She often backpacks with the Adirondack Mountain Club in the Adirondacks and in the Pennsylvania State Forest system. She also hikes in the National Forest system on occasion. Several years ago she hiked several hundred miles of the lower part of the Appalachian Trail. She plans to cover a three hundred mile section of the trail sometime in the near future. Ms. Gibson is also a chairperson of the advisory board of WBFO, the UB radio station. She is married and has two children, a son who lives in San Diego, and a daughter who lives in Butte Montana. Her husband practices estate law at Albrecht and McGuire here in Buffalo. �February 14, 2000 THE OPINION 2 The Opinion Co-Editors in Chief: Peter DeWind & Dave Allen News Editor: Kevin Hsi StaffReporter: Peter Nicely Open Positions: OplEd Editor; Layout and Graphics Editor; Business Manager; Web Editor; Photographer; Reporters; Columnists. The Opinion, SUNY at Buffalo Amherst campus, 7 JohnLord O'Brian Hall, Buffalo, New York 14260, (716) 645-2147, is published bi-weekly throughout the Fall and Spring Semesters. The Opinion is the student newspaper of the State University of New York School of Law. Copyright 1999 by the Opinion, SBA. Any reproduction of materials herein is strictly prohibited without the express consent of the Editor-in-Chief and piece writer. Deadline for all submissions is SPM on the Wednesday preceding publication. Later submissions may be accepted at the sole discretion of the editors. Submissions may be submitted at theOpinion offices, sent by mail to the above address, or placed in the Opinion mailbox located in the SBAoffice vestibule. Submissions shouldbe saved on 3.5" disks in either IBM or Macintosh format as either a CorelWordperfect or Microsoft Word file and be accompanied by a printed copy. Disks labeled with a Lockwood mailbox number will be returned. Letter to the Editor Policy: while the Opinion will not print libelous or anonymous material, all submissions shall be printed entirely and exactly, provided they are signed submissions from a member of the UB Law community (students, faculty, staff, alumni). Submissions will not be edited without the author's consent. The Opinion in no wayendorses the viewpoints of its variouscolumnists and contributors. EDITORIAL Put Cameras Back Into the Courtroom by David Allen '01 A recent article in the Buffalo News stated that the state Legislature wasn 't likely to approve the use ofrecording devises in courtrooms.That's a shame. Camersa and tape recorders were permitted by law in courtrooms for several years. Putofoffby the circus atmosphere surrounding the OJ. Simpson trial in 1995, our slate representatives decided to not renew the law. While we all have nightmares about Marcia Clark's bad hair days, DNA statistics and Johnnie Cochran rhyming fit and acquit,it would be wrong to color all courtroom media coverage by one Court TV miniseries. I can speak from experience. In my former life as a community newspaper reporter, I spent years covering a local county local court. Every session, I and other reporters would show up with the small, hand-held cassette recorders, similar to the ones countless law students bring to class. Despite the fears of our elected Assemblymen, not once did we shove a microphone in a defendent 's face after a verdict; we discretely taped the proceedings to ensure the accuracy of our information. The only occasions televisoin cameras would crop up was at the end ofa murder or sexual abuse trial. At all times, the prosiding judge held great power over the use of any recording device. Most often, he required a request three days ahead oftime, and normallyplaced severe restrictoins on our use of them. Never was anyone allowed to film the jury or a witness. As often as not, it was easier to wait outside to shootfootage of the defendent. None of the other arguments against recording courtroom cameras wash, either. Only in the most extreme cases wouldthe on-site media coverage create difficulty for a defendant to receive a fair trial. On the contrary, the advent of Court TV has been a positive influence on the American public. For those of us who don't hag out at the Courthouse for fun, most of our prior exposure to the legal field has been reruns ofPerry Mason, LA Law and more recently, Law & Order and (shudder) Ally Mcßeal. For those who don't watch much television, we may have been entertained by a good John Grisham novel. I wondeer how many of us applied for law school with visions ofa favorite-colored Porshe dancing in our heads. The ability to bring a camera into the courtroom has enabled the common media to present America with a true view of how our legal system works. Accordingly, the more people know about the legal process, the more inclined they are to trust it. And despite the fear that some attorneys will use the spotlight to showboat or drum up business, a lawyer facing a camnera would more likely spend more timepreparing to do his or her job, infear oflooking like a fool in front ofnot only the coourtroom, but all of the viewing audience as well. - Tips For PI/PS An inside look at the N.Y.U. Public Interest Job Fair/Symposium by Kevin Hsi '00 This is a slightly updated version ofan article that I wrote for The Opinion two years ago (Feb. 9, 1998 issue). Over the past few years, I have attended the annual Public Interest/ Public Service Job Fair and Symposium (better known as PI/PS ("pips")) at New YorkUniversity (N.Y.U.) Law School. In addition, I have also attended the NAPILjob fair in Washington D.C. twice during the fall semester to meet with public interest employers from across the country. Given that the PI/PS fair is THE major event for law students looking for public-interest jobs and internships in and around the New York City area, I feel that a little advance knowledge (call it advice if you wish) could be helpful particularly for the lLs and other students who are going for the first time. First of all, the fair itself is open to all law students. Therefore I strongly encourage everyone, especially lLs, who have any interest towards the public sector (i.e. government or non-profit) to do their best to try and attend the PI/PS fair which will be held on February 17 and 18 at N.Y.U. Law School. Even if you have not submitted a resume through the Career Service Office (CSO) and/or you do not have any official interviews lined up for the fair, there are three major reasons why you should try and go. The first reason is that while several organizations have previously scheduled interviews for the fair, virtually every organization will have some additional representatives available to speak to everyone else at a specified table where they will have informational material available. These are known as "table-talks." They are basically informational interviews which require no previous arrangement and they are a good way for learning more about what's out there in the public interest field. While many of the employers from the PI/PS fair are from the New York City area, there are always numerous public interest organizations from around the country who will alsobe present. Almost all interviewers will accept resumes on the spot and some have even been known to schedule a formal interview right away within the next few daysright after your talk (though that did not happen to me personally). From personal experience, I have found almost all of the organizations' representatives to be very friendly and open to all questions. Of course, it's up to the individual to approach them first since there could be hundreds of people moving around the fair and talking at the same time. As an aside, it should be noted that the representative may not necessarily be the most "representative" member of that organization, so do not let F.I.S. (First Impression Syndrome) deter you from speaking to someone at an organization which you might be interested in. The second reason for going is that there are several career panels which are open to everyone. These panels cover a wide range ofthe public interest world (i.e. legal services, criminal justice, civil rights and civil liberties, labor and employment law, human rights and public international law, etc.) and consist of practicing public interest attorneys from all over the country. Basically the attorneys tend to discuss what they do, how they got to where they are and what you can do to try to get to where they are or wherever else you want to be. Having attended several different panels over the past few years, I know that all of the panelists strongly encourage questions from the audience and they tend to be frank yet optimistic about their life in the public interest field. The thirdreason is simply this: networking. The sad truth is that it's hard to get any job (at least one which is satisfying in the long-run) without networking. My impression of this is that it is especially true within the public interest community. There are various reasons for this, not the least of which are the economic ones. Non-profits by their very nature are forced to be selective in their hiring (whether for internships or full-time jobs) by virtue of their limited funding. As such, they will like to hire people who they can rely on and the way to become one of these people is by networking (and by demonstrating your commitment to some of their causes along the way). In addition, because we are in Buffalo, it is even harder for almost all of these groups to come up here as it is for us to go down there to New York City given their limited budgets. (Heck, even many multi-million dollar Wall Street law firms would rather have us visit them than for them to visit us although it's likely that their reasons are not solely economic ones.) Without a doubt, the PI/PS fair is the best place to meet the largest number of employers from the largest number of places all at once. Even though it may not be the ideal way to conduct a job search (being in a room with hundreds of lawyers and law students isn't too pleasant for most people), the potential networking opportunities are tremendous especially if you remember to follow up on them. Even if you don't get any offers right away, keep in touch with your contacts as many will try to help you out so that you can maintain your commitment to causes that both of you believe in. The public interest community (sadly) isn't that large, so even one connection with one person or organization can likely go a long way throughout your law school career and possibly beyond. My final tips are these: First, dress up as you would for any formal job interview. While there's no official dress code that I know of, it's much safer that way. One irony is that for an area of law that tends to pride itself on its relaxed dress code and attitude (as compared to the private firms), the appearances of virtually all the interviewers and interviewees were formal yet comfortable, professional, and yes, even conservative (although the.attitudes did vary from interviewer to interviewer). Second, bring more than one version of your resume and bring lots of it. Third, do some advance research on your top choices in CSO and if possible on the issues which those organizations deal with - this is a good way to impress the interviewer with your knowledge and will prevent him/her from having to give the same canned speech again (they'll probably appreciate it too). Fourth, when you get there, try not to be intimidated by the size of the crowd and the hectic pace. As long as you don't have any formal interviews scheduled, you can work the room at your own pace. Finally, as cliched as it sounds, try to relax, talk to different people whenever you can and have some fun - after all, you'll have a weekend in New York City to look forward to when you are done. �February 14, 2000 THE OPINION 3 J. GARDNER PIEPER -k :Ilill : ::::::::::::: : : :- 5w * :: JRil jii ::::;:;>i;;-i::; :; ::-:: :-:::::: ::: _: .•: :vS ' : : : : ■■ - hll^^^ if ■:: :: "" : : "- -:-:';-SS'' iiiiiii*. ■:■:■:■:■:■:■:*:•:•:•:•:•!•!•!■:■:■:■:■:■: . liiiiiiiiii i 11in mi HI ; •eilllelle Sip "^-:"x-; &*HfIBiiHBHBBBHBBBHH WILL BE SPEAKING ON HOW TO PREPARE FOR THE NEW YORK BAR EXAM AT: University at Buffalo Date: Wednesday, March 1, 2000 Place: Room 109 Time: 3:00 P.M. 4:00 P.M. DON'T MISS IT! PIZZA & PIEPER BAR REVIEW... WHAT A WINNING COMBINATION!!! THE PIEPER BAR REVIEW 1-800-635-6569 �, Job Goddess talks to law students February 14, 2000 THE OPINION 4 The Roots of Rationality (A Spoof) By Peter Nicely '01 A long long time ago there was a man who went by the name of Euthlid. That was his name because that was what his fellow Greeks called him - Euthlid. Some readers may know that Euthlid was a mathematician. The problem was that in his day people had no conception of the difference between ration and irrational numbers. All they knew about was whole numbers because they proved their mathematical theorems by pushing around pebbles and other physical objects like marbles, twigs, fruits, etceteras. It fell upon Euclid, a relatively ignorant man who simple loved to play around with numbers, to one day stumble upon the discovery which singled him out and made him known as thefather ofEuclidian Geometry (modern man changed the spelling of his name). Back at the time when Euthlid was in his prime there were not very many trees around because that part of the planet had already been deforested long before he was born. So the Greeks, like the Egyptians and and most everyone else, used mushed up swamp reeds to write on (except, of course, the northern Europeans who used the more cerebral sheepskins). People back then called it papyrus. Unfortunately for Euclid, he went unemployed for a period of time. It fell upon Euthlid's wife to support the family. Euthlid's wife was known as Corroboratis because that was what people called her. Euthlid had to stay home and care for their young child whose name was Eruptionides because that was what everybody called him. But this turned out to be an historically fortunate set of circumstances for the posterity of the civilized world as we shall soon see. Well, needless to say, there were no disposable diapers back at that time and even if there were, Euclid would not be able to afford to use them. One day when Euthlid was babysitting Eruptionides and Corroboratis was out gathering roots and what-not to contribute to the household, Euclid made his fateful discovery. On days like this when Euclid had to baby-sit Eruptionides, he had gotten into the then strange habit of making computations on papyrus (an abstract representational form that was far removed from the normal corporeal method of computation with real, whole objects). Now, on the day in question, it came to pass that Eruptionides was suffering from contiuous intermittent eruptions of a particularly malodorous substance and had developed a bit of a rash on the posterior section of the gluteus maximus (now known as diaperrash). Having nothing else on hand at the time, Euthlid seized one of his large sheets of Papyrus, ripped it in half, and swaddled the babe in the fortuitously absorbent material. When Euthlid returned to his numerical figures he realized exactly what he had just done. He had used , a mathematicalformula to cover a rash on Eruptionides tender littlebottom. When Corroboratis returned home that evening Euthlid proudly displayed the unsoiled Eruptionides to his wife and she declared that Euthlid had discovered a "rash anal" use of numbers. She immediately went out into the community and proclaimed far and wide and openly that her husband had developed a new more absorbant "rash anal" formula which involved the use of a new concept called division. The Euthlids didn't patent the formula but everybody wanted to know how to divide their papyrus in this knew rash anal way since diaper rash was a common malady for which there was no known cure. The process was so popular that he devised theorems to explain what exactly was going on when people tore their papyrus in half for the purpose of protecting their babies' bottoms. Eventually, Euthlid abbreviated the words and further developed some additional thoughts on differences between "rationality" and irrationality and formulated the Euclidian Geometry that we all now know and love. ByGabeDiMaio '01 Kimm Walton, author of the book "Guerilla Tactics For Getting The Law Job OfYourDreams" made a promise to the U.B.law students assembled in O'Brian Hall. She said that she would help them find thejob of their dreams. "If you don't believe me now, you will believe me one hour from n0w..." She was right. With the enthusiasm of an evangelist at a revival meeting, Walton was outgoing and funny as she expressed twelve steps for success. These steps were gleaned not from her experience. More importantly, she said, it was the experience of many students using strategies that have succeeded. As she paced the floor, Walton's advice was eagerly lapped up by the law students. Much of the advice was based in common sense that stressed the student believing in themselves, preparation, and enthu- Walton, author of "Guerilla Tactics For Getting The Law Job Of Your Dreams" and other advice books, is the also the creator of the "Law in a Flash" study aids for law siasm. students. "Enthusiasm will get you hired! Pretending you don't want the job only works when you date," she said as she pointed to her recently Students interested in more information are encouraged to send Business Review seeks spring submissions The Buffalo Business Review is seeking submissions of articles or manuscripts for publication it its spring 200 issue. The articles should range in length from 1-20 pages or up to 25,000 words, and can include graphs, charts orany other appropriate visual aids. The deadlinefor submissions is March 15. The articles can address a breadth of businesses from the large corporation to the single entrepreneur and can touch on all the aspects of the business environment including financial, organizational, legal, technological and human resource issues. Articles dealing with issues that are pertinant to the businesses and economic factors in Western New York are encouraged. The articles should be typed in Microspft Word 6.0 or 7.0 or a compatible program. Any chartsm graphs or other visual depictions should be included in the document (and on the disc version) when it is submitted. Please include your full name, office address and a phone/fax/email where you may be reached. When submiting publications to the Buffalo business Revie3w, you must include a hard copy version and s final saved version on a 3.5 inch IBM-formatted disc. Both the hard copy and diskette will be returned to you if you include the necessary envelope and postage. Submissions may be sent via email to scudder@acsu.buffalo.edu as an attached Word document that conforms to the above specifications. If you choose to submit your document via email a hard coipy will need to be sent before your work can ber published. The address for submission is Brion A. Scudder, Buffalo Business Review, State University of New York at Buffalo, School of Management, 316 Jacobs Hall, Buffalo, New York 14261. acquired wedding ring. After a hour with the group, Walton took questions from the audience and then stayed to answer the questions during a reception held afterwards. questions to her at Jobgoddess @ AOL.com I SUMMER I LAW STUDY in Barcelona Dublin Florence London Moscow Oxford Paris San Diego JET) Uruveraity of<San Diega FOREIGN LAW PROGRAMS SCHOOL OF LAW 5998 Alcala Park San Diego. CA 92110-2492 e-mail: ckingOacusd.edu tax: 619/260-2230 http //www acusd.edu/lawabroad ADVERTISE IN THE �February 14, 2000 THE OPINION 5 FREE ETHICS M.P.R.E. REVIEW COME EXPERIENCE THE PIEPER METHOD BECAUSE PIEPER PEOPLE PASS! UNIVERSITY AT BUFFALO DATE: SATURDAY, FEBRUARY 19, 2000 PLACE: O'BRIAN HALL ROOM 214 TIME: 9:00 TO 5:15 P.M. - NOTE: Walk-ins are welcome or contact your Pieper Head Representative Francisco Ayala, 111. Each student will receive the free two-part M.P.R.E. Review Books. II II II II If II II II kM mm II TEST DATE: FRIDAY, MARCH 10, 2000 II THE PIEPER BAR REVIEW II|| 1-800-635-6569 j& KvM �February 14, 2000 THE OPINION 6 I WANT YOU TO HAVE AN OPINION Sooner or later, you're going to have to prove to an employer that you did something to make your school a better place. After all, firms want to see more than grades, they want to see the type of person who's involved, who does that something extra for their community. Come in and see how being part of the Opinion can fit into your schedule, enhance your resume and cast your involvement in the best possible light. Yeah, we know, it's not the Buffalo Law Review . . . However, you are still writing, without having to become a cloistered site checker, and get to see and be seen. Not convinced it's worthwhile. Come on down and see how you can have an office larger than some faculty, conveniences such as a refrigerator, microwave, coffee, stereo, non-public computers, and a host of other perks including the opportunity to get your name in the national Who's Who. Remember, the words 'editor' can look good on your resume. You need us ... and we certainly need you. Hey, it's perfect.. flflflU I t, J^^ U HHB|H ■ H H A �February 14, 2000 THE OPINION COMING UP Law School, Phi Alpha Delta Sponsor Blood Drive Tin* UB Law School an J and Phi Alpha Delta are jointly sponsoring a blood drive, to be held Tuesday, February 15. The event will be held in Ihe O'Bnan Hail seventh floor teacher \ lounge, from 10 a.m. 3 p.m. To donate, one must he in good health, at least 17 years old, and weigh at least 110 lbs. For an appointment, contact Kristin Gutenberger at ' Keg2(tf ;*rsu .buffajo.edu. - Law School SBA To Host Professional's Night Feb. 23 The Student Bnr Association will parent UB Professional's ntghi Wednesday, February' 23. Tlw event will offer stu«k»dt.s a chance to uenvork w«h working profes*-oaais in their tiekl of study. A stand-op recenpuon w>l! he held from 5-7 p.m. at the Center for the Arts. followd by a basketball gamt' (U.B. vs. Ohio) at 7:30 p.m To register, contact SBA Presjik-nt Vince Oregon' at vj;iegor>-C<{acsu.buffaJo.edu by the end of business Monday, Feb. BPILP finalizes annual auction plans by DavidAllen '01 Ski trips, artwork, tatoos and even an autographed hockey stick will be up for sale next week, when the Buffalo Public Interest Law program hosts its fifth annual fundraising auction. yet. The event will be held from 7 p.m. - midnight at the Hyatt Grand Ballroom. Tickets will cost $27 per person. UB Law students can take advantage of a special rate of $79 for a rooom at the Hyatt. "This discount is given so everyone at the ball can party without the worry of a DWI," said SBAParlimentarian Mary Snyder. Coctail hour will begin at 7 p.m. with a top shelf open bar. As is tradition, the bar will be closed during dinner which begins at 8 p.m.; it will repoen at 9 p.m. for the rest of the evening. This year's food choices are sirloin tips, chicken picatta or vegetable napoleon. Dessert is cheesecake on a rasberry chocolate covered plate. Attendees are welcome to dance if they feel inspired at anytime during the evening; a disc jockey will begin playing music after dinner, until midnight. This year's DJ welcomes requests, so if you have some favorite songs, feel free to bring your CD's. Tickets go on sale Monday, Feb. 21, and will be sold until Friday, Feb. 3,-each day in front of the SBA office from 9 a.m. until 5 p.m. Questions regarding the ball can be directed to Snyder in the SBA office. ADVERTISE IN THE OPINION 645-2147 ton, MA. This year, more than 40 BPILP memebers have spent a large amount of time soliciting more than 200 items to be auctioned off at next week's event. Items up for auction will include: * Dance lessons * Sabres tickets * Philharmonic tickets *A hockey stick autographed by the Sabres The FifthAnnual BPILP Auction will be held Friday, Feb. 25, at the Adam's Mark Hotel, on Church Street in downtown Buffalo, from 7-11 p.m. The annual event raises money to fund a series of public interest summer fellowships for law * Tattoos * Movie Passes *BARBRI tuition reductions students. Last year, BPILP raised more than $15,000 through the auction, using the money to sponsor 15 summer fellowships, including several co-sponsored with other UB Law School organizations. Students receiving fellowships have used the assistance to particiapate in public interest activities worldwide. Past fellowships have included studies at the Center for Justice & International Law in Paraguay; the Center for Women's Rights in Warsaw, Poland; the Federal Defender's office in San Diego, and Greater Boston Legal Servicxes in Bos- *Antiques * Date packages "Everything is donated," said event co-chair Sarah Smith, noting that several professors have also chipped in to assist the cause. Tickets for the auction will cost $15 for students, and $30 for the general public. The evening includes hot and cold hor deurves, dessert and coffee. Tickets will be sold in front of the law school library, Monday through Thursday, from 10 a.m. - 3 p.m. Money is not Speech and other Campaign Oddities Don't Miss Out On The Barrister's Ball! The annual Barrister's Ball wil be held Friday, March 31. According to planners, this year's ball will be the best 7 by Peter DeWind '00 Money is property, not speech. The concept may sound simple, yet, this precept may have far reaching effects upon the operation of the American Democratic process. It is from one of two decisions recently handed down by the U.S. Supreme Court which dramatically affect therules by which political campaigns may be run in the future. The first case, dealing with campaign finance limitations, is currently one of the major issues in the Presidential race. For example, GOP candidate McCain has been stumping in favor of finance reform while George W. Bush, with his tramendous warchest, has come out in favor of lifting all financing limitations. This latter position is based upon the argument that campaign contributions are a form of speech. Limiting money, therefore, is seen as a limitation upon one's speech. In short, money is not a thing, money is speech. This position is in direct contradiction to the prior Supreme Court stance taken in Buckley v. Balejo. That case had found campaign finance restrictions to be permissible under the U.S. Constitution. However, that case had been decided by a different bench in 1976. That decision had reflected the view that it was necessarry to limit political contributions in order to protect the integrity of the democratic process. This position has become quite popular as many, including GOP candidate John McCain, espouse the corrupting effects of large donations upon polical integrity. Regardless of popular wisdom, many believed the current, and more conservative, Court had been dropping hints that it would like to back away from their position that contribution caps are constitutional. In the current case, Nixon v. Shrink Missouri PAC, the Court was considering a challenge brought against a Missouri law which had placed a $1,075 cap on policial contributions. When Zev David Fredman was defeated in his bid for state auditor, he blamed it on fundraising limitations. He and his supporting PAC believed the cap was too low and hampered one's ability to run against incumbants. This gave the Court it's first opportunity to review the prior Buckley decision. In a 6-3 vote, the Court decided to uphold the Missouri Law. The actual issue in the case was a narrow quibbling with inflation adjustments since 1976. The true importance of this ruling, however, is in the fact that it maintains the Buckley campaign finance dichotomy wherein it is impermissible to place limitations upon how much a given campaign may spend, but permissible to limit how much of . that may come from any one given campaign donor. In short, when it comes to contributors, money is property, not speech. This resolves, for the time being, the question of whether finance reform is permissible. What remains to be seen is whether it will be allowed. The majority pointed the proposition that it is important to protect the integrity of the democratic system from the corrupting influence of money. The dissent, however, pointed out that limiting campaign contributions, while allowing unfettered campaign spending, only leads to covert corruption. As legitimate channels are closed off, interested parties may turn to other ways of getting candidate's to pay attention to their positions. Justice Sourter termed it "covert speech funded by unlimited soft money". The question is which is more damaging in the long run. The court issued another opinion at affecting the democratic process at the same time as the Nixon opinion was handed down. While this one may not have as great an effect upon the national picture, it's philosophic underpinnings much more disturbing. In brief, it is now OK to perpetuate discrimination so long as one does not make it worse. The case, Reno v. Bossier Parish School Board, dealt with attempts to redraw the voting districts for a school board election. The school district was 20% minority, however, the all white school board wished to redraw the voting lines to keep the minority groups from gaining a seat on the board. Since the mid-60s, the Department of Justice has had the power to intervene when such racially motivated redistricting is occurring.The Court, however, ruled that the Department of Justice may not intervene in such an instance because the effect of the redistricting placed the community's minorities in no worse position than they had been previously. because no one on the Think about that board had been a minority, that part of the community was not put in a worse position through a violation of voting rights and, therefore, the DOJ can no longer intervene. Because the DOJ can not get involved for 'mere perpertuation' of racism through redistricting, the task of fighting continuing discriminatory harms falls squarely upon the community's shoul- .. ders. Private actions are expensive and this factor alone could be enough to stifle community action. However, it is the release of possible DOJ presure which may be most troublesome to those who wish to stop such practices. �February 14, 2000 THE OPINION 8 i I © ■ Considering the cost of your textbooks, tney must tnink you've made partner already. The verdict is in. Vdrsityßooks.com is the place to buy your textbooks. That's because you can save up to 40% on textbooks and get them in one to three business completely reliable and secure, which should bring a smile to students of law or any other subject. SAVE UP TO 40% ON TEXTBOOKS. Savings off distributor's suggested price. Books delivered in no more than three business days. Some restrictions apply. See site for details. � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Opinion, 2000-02-14 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. The Opinion no. 5 14.02.2000 Date Issued Date of formal issuance (e.g., publication) of the resource. 2/14/2000 Bibliographic Citation A bibliographic reference for the resource. Recommended practice is to include sufficient bibliographic detail to identify the resource as unambiguously as possible. 51 5 Publisher An entity responsible for making the resource available University of Buffalo State University of New York at Buffalo Law School Language A language of the resource eng Type The nature or genre of the resource Newspapers Text Is Part Of A related resource in which the described resource is physically or logically included. LIB-LAW003 Rights Information about rights held in and over the resource <a href="https://rightsstatements.org/page/CNE/1.0/">COPYRIGHT NOT EVALUATED</a>. The copyright and related rights status of this Item has not been evaluated. Please refer to the organization that has made the Item available for more information. You are free to use this Item in any way that is permitted by the copyright and related rights legislation that applies to your use. This digital collection is made available for research and educational purposes. Researchers are responsible for determining copyright status, and securing permissions for use and publication of any material. Copyright for items in this collection may be held by the creators, their heirs, or assigns. Researchers are required to obtain written permission from copyright holders and the University Archives prior to reproducing or publishing materials, including images and quotations. For inquiries about reproduction requests and permissions, please contact the <a href="http://library.buffalo.edu/archives/">University Archives</a>. If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/4cc9e82651bf9ecf3853a7b8e6ee185f.pdf 5cc622030d7ef45dce50726738e2e80d PDF Text Text PINION Vol. 51, Issue #4 STATE UNIVERSITY OF NEW YORK AT BUFFALO SCHOOL OF LAW DECEMBER 6, 1999 Barrister Ball Plans Develop By David Allen '01 The annual Barrister Ball will be held next spring at ihe downtown Buffalo Hyatt Hotel, members of the UB Law Stu­ dent Bar A,;sociation confirmed earlier this week. The SBA announced the ball's loca­ tion during its Dec. 2 meeting, during which it also voted to donate $1,000 in an effort to keep ticket prices down. Currently, board members project ticket prices for the March 31 event to cost about $35. "But we're hoping for a dona­ tion ffrom the administration" that would lower the price, said Parlimentarian Mary Snyder. The SBA had earlier voted to hold the ball at the hyatt, saying the location would be convenient for the attendees. in addition, the hotel will have discounted rooms available for students, to discour­ ages drinking and driving. Currently, the SBA is still in the he­ ginning stages of planning for the event. "We're still trying to find an affordable DJ," Snyder said. In other business: *The SBA announcedihat the year­ book staff, headed by SBA Vice President Tanya McDuffie, will meet wMonday, De­ cember 13 to begin planning. McDuffie also announced she is still seeking photo­ graphs from UB Law groups and clubs for use in the yearbook. *Treasurer John Llera announced that the SBA had received a $600 dona­ tion from Bar Brito assist with the student body's annual 'decompression party," held at the end of ea~h school year. *President Vincent Gregory annoucned plans for a 5-kilometer race/ walk fundraiser, to be held in February. More details will be announced later. *The SBA voted to donate $750 to the UB Law branch of the American Trial Lawyers' A,;sociation (ATLA). *The board took no actoin on a re­ quest from the Career Servfoes Office to donate $300 toward,; a planned presentaion on job hunting. *Snyder announced that no students had shown interest in filling the board va­ cancy left by former SBA memebr David Hawkings, who was stripped of his SBA membership after failing to attend a mini­ mum number of meetings. Snyder had rec­ ommended discussing eliminating the po­ sition if noone came forward in teh near future. World Trade Organization Riots: A Look Behind The Sc_enes by Professor Martha McCluskey · How on earth did the WTO (an international or­ ganization charged with enforcing a set of trade agree­ ments), and accompanying legal obscurities like GATS, TRIPS, and TRIMS, become the focus of massive riots and protests -- when only a few months ago hardly any Americans outside of policy wonks and international law classrooms had even heard of them? I was in Seattle for some of the "festival of resis­ tance," as it was billed, and (apart from the shameful violence and vandalism) three themes stood out. What­ ever your particular views on global economic policy -­ which I will not attempt to debate here --.we may all benefit from taking a closer look at what others are say. mg. First, protesters overwhelmingly agreed that the issue is not simply global trade, but global political power. Critics cited the WTO as an extreme example of how the interests of the largest transnational corpora­ tions and the very rich seem to count more than the well­ being of the majority of the world's people and the en­ vironment. The fact that the WTO makes global trade policy through secret negotiations and enforces those · policies through judicial proceedings closed to the pub­ lic reinforces fears that most people no longer have enough voice in public policy. As many homemade posters put it, the question is "who's in charge," or "whose trade organization?" The local coordinator of the union protests repeatedly insisted that lahor groups were there not to reject global eco­ nomic integration, but to change the rules of the game in the global economy. The Alliance for Democracy (a group attracting many suburban middle-class retirees) organized numerous standing-room-only educational panels under the banner, "End Corporate Rule; Build Economic Democracy." Hundred<; of people carried Sierra Club posters declaring "No Globalization with­ out Representation." The coordinators of the nonvio­ lent civil disobedience action that shut down the WTO's opening ceremony declared that their purpose was to "globalize liberation, not corporate power." Flyer after tlyer detailed various groups' complaints ahout what they specified as "corporate globalization." Speaker after speaker attested that the goal of the protests was to put "people and the planet before profits." When curious delegates wandered the streets af­ ter being blocked from official WTO meetings, I heard students with purple-hair and pierced-nostrils engaging pinstriped men in earnest discussions about the mean­ ing of representative democracy (is appointment of WTO delegates by national trade ministers a sufficient means to insure public accountability'!). The focus was not just on trade agreements hut on explaining and challenging the general philosophy of . "economic liberalization" or free-market extremism, blamed for increasing disparities of wealth both nation­ ally and internationally. A rich array of forums and pam­ phlets proposed detailed alternatives to the current poli­ cies governing campaign finance, corporate charters, intellectual property rights, access to capital, small busi­ ness development, agriculture, and government procure­ ment. The evening before the WTO meetings opened, thousands joined church groups to form a human chain demanding cancellation of the chains of debt owed by poor nations to the International Monetary Fund and World Bank -- debt that makes any benefits of increased trade go to foreign creditors rather than to domestic in­ vestment or human needs, according to one prominent anti-debt coalition. Second, the WTO, and the economic policy it rep­ resents, has inspired extraordinary coalition-building. Rows of steelworkers from Missouri, Indiana, and Utah packed a church to listen to a leader of a Caribbean femi­ nist group talk ahout the effects of inequality between North and South nations on peasant women. A Cana­ dian endangered species activist debated sea turtle pro­ tection laws with a representative of a Malaysian shrimp fishing community, agreeing that the WTO excluded both their interests. Topless Lesbian Avengers (handing out carefully-footnoted literature discussing hormone-treated heet) marched with Mennonites for Fair Trade. Middle­ aged union men greeted costumed environmentalists with .chants of "teamsters love turtles" -- and received "turtles love teamsters" chants in return. Busloads of hlue-collar workers joined thousands of young students and aging anti-war activists in shouts of "Hell No, WTO!" -- putting a decidedly different spin on 1960s nostalgia. Environmental leaders roused their white upper-middle class followers with speeches demanding commitment to fighting global economic inequality. The ranks of the AFL-CIO-Ied labor march were flooded with Humane Society leaders, consumer groups, AIDS ac­ tivists, Veterans for Peace, family farmers, Free Tibet activists, and Raging Grannies (to name just a few). The strength of these coalitions remains to be seen, and they certainly have many steep contradictions to overcome. Nonetheless, recent WTO rulin_gsand pro­ posals for expanding WTO power over services and in­ vestment have raised fears that just about everything anyone holds dear could become an illegal trade barrier. Under the WTO, "free trade" has come to mean elimi. nating not just tariffs and quotas on goods like textiles, but also lifting certain environmental and health protec­ tions, reducing public investment, and increasing pro­ tections of property rights for international business and investors. WTO proceedings and new proposals have raised questions not only about governments' ability to subsidize farmers, ban a-;bestos, or to label hormone­ treated beef, but also about the future of things such a-. public fundjng for health care and education, govern- ment licensing of nurses and lawyers, and privacy laws governing personal health data. Such questions have led many to believe that the new economic order envi­ sioned by "free trade" proponents could leave behind far more than sea turtles, U.S. steelworkers, small ba­ nana farmers and indigenous cultures. When WTO conference materials advertise spon­ sorship by Microsoft and Boeing, and gatherings with international lawmakers are limited mostly to those with $250,000 to spare, a surprising array of people suddenly find they have something in common. The third theme of the Seattle protests was the internationalization of the labor movement (and other activist movements). American union leaders held work­ shops not on immigration controls or tariffs but on in­ ternational labor organizing. Union members were far more likely to hear speakers from Chile or Ghana than Washington or Illinois. When AFL leaders recognized "our world leaders" at their giant rally they meant not President Clinton but a line-up that included union lead­ ers from South Africa, Italy and Mexico, as well as a Chinese human rights activist and an Indian environ­ mentalist. A dark-skinned worker from Barbados got deafening cheers from rows of white American union members whe~ he yelled, "this is not about America, this is about the working class" and insisted that work­ ers all over the world "refuse to choose between jobs and living wages." Though hundreds of groups distrib­ uted leaflets urging a myriad of reforms, I couldn't find any remotely suggesting an "America First" approach. While Pat Buchanan weighed in via the mainstream media, his followers had no presence in the streets. Out of thousands of protest signs, I saw only one with a "Buy American" theme -- and, incongruously, the ironwork­ ers holding that banner raised it most vigorously when speakers at the AFL rally led the stadium in cries of "workers of the world unite" or "we are global citizens." In the big labor march, the crowd-. joined chants in Span­ ish from Mexican campesinos and California farm work­ ers, and cheered a contingent of workers from France and Quebec yelling "all together" in French. If, as some "free trade" advocates argue, labor is stuck in the past, we're talking way past - like 1919, invoked by protest organizers a-. the year of the last Se­ attle general strike . For those who want to take a closer look from other vantage points - or who don't want to wait for spring semester courses to learn more about the acronyms I listed at the beginning- here are some web sites to check out: www.wto.ora (the official site); www.aatt.ora (spoof of official site); www.wtoseattle.com (web site of Se­ attle Host Committee); www.corporations.ora/democ­ racy/home.html (home page of a student group called "180: Movement for Democracy and Education"); www.alobalizethis.ora/educate.html (Ruckus Society educational materials) ..... . �"'I 2 December 6, 1999 THE OPINION THE OPINION Co-Editors in Chief Managing Editor: News Editor: Staff Reporter: Open Positions: Peter De Wind & Dave Allen Jared Garlipp Kevin Hsi Peter Nicely Op/Ed Editor; Layout and Graphics Editor; Business Manager; Web Editor; Photographer; Reporters; Columnists. The Opi.ni.011, SUNYat Buffalo Amherst campus, 7 John Lord O'Brian Hall, Buffalo, New York 14260, (716) 645-2147, is published bi-weekly throughout the Fall and Spring Semesters. The Opinion is the student newspaper of the State University of New York SBA. Any reproduction of materials School of Law. Copyright 1999 by the Opi.11io11, herein is strictly prohibited without the express consent of the Editor-In-Chief and piece writer. Deadline for all submissions is 5PM on the Wednesday preceding publication. Later submissions may be accepted at the sole discretion of the editors. Submissions may be submitted at the Opinion offices, sent by mail to the above address, or placed in the Opu1i.o11 mailbox located in the SBA office vestibule. Submissions should be saved on 3.5" disks in either IBM or Macintosh format as either a Core!Wordperfect or Microsoft Word file and be accompanied by a printed copy. Disks labeled with a Lockwood mailbox number will be returned. Letter to the Editor Policy: while the Opu,i.onwill not print libelous or anonymous material, all submissions shall be printed entirely and exactly, provided they are signed submissions from a member of the UB Law community (student,;, faculty, staff, alumni). Submissions will not be edited without the author's consent. Help Still Wanted The Opinion is looking to fill the fol lo.wing positions: reporters photographers columnists· graphics business/ advertising manager in no way endorses the viewpoinLc;of its various columnisLc;and contributors. The Oputi.011 EDITORIAL Campus Activism Is Bypassing UB Law The University at Buffalo is getting a reputation, at least among its own students a\· an activist campus. Since the beginning of the school year, the campus has been the site ofseveal demonstrations - against new housing, against Governor Pataki's educa­ tion cuts and against the upcoming execution of black activist Mumia Abu-] amal. The UB branch of NMASS (National Mobilization Against Sweat Shops) lza5sent students from one side of the country to another to take part in national protests. UB President Grinier has become a target for students increa5ingly hostile to his policies. The UB Vote last month was another example of activism in aciton. Interestingly enough, the UB Law School, with the exeption of a handful of satudents, has remained comfortable insulated from this growing movement. Much of that can be written off to the fact that the law student body is older, and in some respects physically separated from the undergraduate body. Another reason is that law school is pretty exhausting, and most of us are just too damn tired to carry a picket after a day of classes. However, it is odd that with the dozens of organizations and groups in place at UB Law, there are no activist organizations. Other than a pro-choice group, there.are no groups which can claim any political or social leaning. Not only are there no orga­ nized fringe groups, there aren't even any political affiliations ... no UB Law Republi­ cans, Democrats, or even Reform Party or Federalist groups. It'.s well known that some of the bigger firms that we all hope to work for someday espouse strong political and social belief5, and there may be some fear that we can campaig11our way out of a job. It '.seven been said that at some upper crust, ivy-League Law-schools, students won't go 011 record with any perso11al opinion, no matter how moderate or generic, because they are scared of sayi11gsomething that will come back to haunt them if they are ever up for a judgeship. That may or may 11othe true, but it is sad if it is. It'.s alwayS'a risk to Jta11dup for a belief. especially if it\ a11unpopular one. But there is a respo11sihilityto speak out for what we believe in, whether it \Abu Jamal:~ freedom or the World Trade Organization. The rc.\ponsibility does11't stem from our position as future lawyers, hut from our status as American ci tizcns, and wc can't trade that inf or a cleaner resume. As law students, /10wcvc1;we've had access lo a hrillie11tview of society. We arc 1101011/ybecoming fluent in our 11atio11 '.\'law, we also study the policies behind them, as well as their social impact. Thal\ a view few people get, and it would he a shame not lo put it to use. With a presidential election coming up next year, not to mention that New York will Likely lwst the most combu. table Senate race in the nation, it's a perfect time to limber up and put our vocal cords to good use. For those who are not politically in­ clined, UB mu.st be thinking about a housing project somewhere that's just dying to be picketed. But dammit, protest something. it '.sgetting too quiet around here. Those i nte rsted should call the Opinion at 6452147 or stop by O'Brien Hall, Room 7. Yes, we know it's nearing final exam-time, and we're all stressing out over our tort/evidence/criminal procedure/bankruptcy textbook, but after Christmas, give it a thought. The Opinion has a strong tradition here, and we need help to keep {t continuing. If you can't commit to full-time staff stat.us, we welcome occasional or even one­ ti me· sub mis s i o n'S. We'd kill for a letter to the editor. Think about it~ and have a merry Christmas. �December 6, 1999 3 THE OPINION Analysis Dancing Naked Before the U.S. Supreme Court: Justices To Ponder Anti-Strip Club Laws By Peter DeWind '00 expressive qualities which bring it under the umbrella of First Amendment protec­ The Justices at the U.S. Supreme tion. Kandyland claimed the Erie law vio­ Court are again reviewing strip club per­ lated its First Amendment right to free formances. The issue which seems never speech because the dancers could not to go away reappeared in relation to an freely express the erotic messages they Erie, Pennsylvania regulation which for­ tried to express. To the municipality's cha­ bade nudity in public places. grin, the Pennsylvania courts agreed and The City of Erie created the law as a struck down as unconstitutional the parts reaction to what it portrayed as an alarm­ of the law dealing with public nakedness. ing rise in the number of adult entertain­ The City of Erie claims that the ment clubs within the city. The regulation Pennsylvania courts failed to follow bind­ banned doing any one of the following four ing precedent from the U.S. Supreme things in public: (1) engaging in sexual in­ Court. The Supreme Court had already is­ tercourse; (2) engaging in deviate sexual sued a decision on how to regulate public intercourse; (3) appearing in a state of nu­ indecency when it upheld the Indiana Jaw dity; and (4) fondling his/her own genitals in Barnes v. Glen Theater 501 U.S. 560 or the genitals of another person. (1991). Since the Erie law was directly While this appears to exclude only modeled on the public decency law which extreme sexual behavior, the terms 'nudity' the Supreme Court upheld as Constitu­ and 'public place' were defined in a way tional in Barnes, the city argues that the which included naked entertainment at Pennsylvania courts should have upheld such places as theaters, restaurants, bars the Erie law as well. and private membership clubs. This placed The Barnes case had dealt with a law the topless performers who appeared at a which had been on the books for many so called 'strip club' in the same category years. The point of that law had been of criminal as public masturbators and ex­ mainly to prevent outdoor indecency such hibitionists. as public masturbation. Justices Rehnquist, The law forced dancers at adult es­ O'Connor and Kennedy determined the In­ tablishments to cover up with at least diana regulation was not directed at the 'pasties' over the nipple area and G-strings adult entertainment business. Thus, it as bottom cover. The plain word<; of the passed the 4 part test for regulation of sym­ statute also made it a crime to appear 'na­ bolic expression from US v. 0 'Brian. That ked' in regular theatrical performances test addressed the type of expression in­ such as Hair andEquus. Meanwhile, some volved in erotic dancing, expre.,sion which women were allowed to appear 'naked' so includes non-verbal elements. For it to pass long as they were nursing. Children un­ Constitutional muster, a regulation affect­ der ten were also c<;mldnot be considered ing symbolic expression must further a 'naked'. substantial governmental interest which is The Erie regulation was dir.lo!ctly also unrelated to the suppression of free modeled after an Indiana public indecency expression. Justice Rehnquist's opinion deter­ law which the Supreme Court had upheld as Constitutional in 1991. Nonetheless, a mined that the Indiana regulation at issue local ·adult entertainment establishment, in Barnes was permissible because it fur­ Kandyland, challenged the Erie law upon thered the government's interest in regu­ grounds similar to those which had failed lating societal morality. That regulation's requirement of pasties and G-strings was in the Indiana challenge. The Supreme Court had previously determined that found to be a minor and permissible in­ erotic dancing is not in and of itself ob­ fringement on the dancers' symbolic ex­ scene and that such dancing does have the pression. At most, requiring clothing only impeded the manner of that expression and did not serve to prevent erotic messages from being conveyed to an audience. Jus­ tice Souter concurred but found that the important governmental interest was that of preventing the secondary effects of the adult business trade. This includes such oft cited effects as prostitution and sexual as­ saults. Since these effects are also unre­ lated to the expressive elements of the dance itself, he believed.any incidental in­ fringement on the dancer's expression was permissible. The Pennsylvania regulation, how­ ever, was not put on the books primarily to prevent the sort of old fa<;hioned public indecency seen in the Barnes decision. Rather, the Erie law wa<;aimed specifically at adult businesses. The dissent in Barnes had believed that the Indiana law was an impermissible infringement on First Amendment rights because it was aimed at the erotic content of the dances. That it was exactly because of the message of eroticism which dances convey to the au­ dience that the government sought to regu­ late it. When the content of the message is being regulated, the government must have a greater and compelling governmental in­ terest - an intert:!stwhich they found lack­ ing in the Indiana regulation. In considering the Pennsylvania regulation, Justice O'Connor expressed concern with the fact that the law was cre­ ated to address a specific problem and a specific type of expression. Justice Souter expressed concern with the unequal appli­ cation of the Erie law in that it was not enforced against all citizens equally. Of particular concern was the fact that the the­ atrical play Equus, which includes nudity, had recently been performed in the City of Erie but had not been prosecuted for vio­ lating the indecency laws. This unequal enforcement of the law only furthered Kandyland's argument that nude dancing was being singled out by the City to prevent the expressive elements from being publically communicated. As Judge Posner noted in the 7 th Circuit Barnes decision, the message conveyed by erotic dancing is one of emotions and feel­ ings of sensuality. Emotions which act upon an audience in a way he likened to the emotional impact of ballets and sym­ phonies. lustice Souter had determined that erotic dancing may be regulated to prevent it's secondary effects. Yet, it is the emo­ tional effects of the dancer's message which is said to create these secondary ef­ fects. It is the intensity and clarity of the dance 's expression which the law seeks.to mitigate. It is Justice Souter's concurrence in Barnes which the City of Erie cited in sup­ port of their regulation. What remains to be seen is whether the Supreme Court will determine that regulating the manner of the expression is incidental to the message or is a barely disguised attempt to muftle the message itself. The issue is salient in Buffalo which has recently seen the much maligned open­ ing of another adult club in Cheektowaga. People have decried the advent of this new club despite the fact that the developers followed regulations requiring it be placed in industrial territory, paid a years taxes in advance, hired over a hundred people and put a site directly across from a toxic land­ fill to use. The body of criticism is directed at the message and it's perceived effects upon the community and womenkind. It remains to be seen whether the Court will agree that decency laws directed at adult estab­ lishments impermissibly infringe upon the right of dancers to send out their messages. Should it turn out that such dir_ectedlegis­ lation is unconstitutional, perhaps more regulations could fall in the future. In par­ ticular, those regulations which are cur­ rently are allowed because they only regu­ late the time, place and manner of the ex­ pression and are not directed at the expres­ sion itself. Such regulations include the zoning restrictions in Cheektowaga and New York City. The Court is expected to issue its decision early next year. COMMENTARY You Have The Right To Remain Silent by Joshua Roberts 'OJ Many a television police officer has uttered the phrase; "you have the right to remain silent." Now, silence is precisely what Congress hopes to hear from the Supreme Court as the seemingly steadfast Miranda rule is revisited. The Justice Department, in a brief filed with the Supreme Court earlier this month, argues that Congress lacked the authority to pass a .J968 law aimed at superceding Miranda. The Miranda rule is derived from the 1966 Su­ preme Court decision, Miranda v. Arizona, 384 U.S. 436. With the purpose of protecting against self-in­ crimination, the rule requires police to inform criminal suspects of their rights to remain silent and to an attor­ ney. But the conservative 4th Circuit court of appeals threw the future of the Miranda rule into doubt with its decision this past February in United States v. Dickerson, 166 F.3d 667 in which the constitutionality of Congress' 1968 enactment of 18 U.S.C.A. § 3501 was upheld. That law attacks Miranda by legislating that "[i]n any criminal prosecution brought by the United States or by the District of Columbia, a confession ...shall be admissible in evidence if it is vol­ untarily given" whether or not Miranda rights were read. The Justice Department, lead by attorney general Reno, The law must decide whether a man can walk into a police sta­ tion, confess to having commit­ ted a series of bank robberies, and later attempt to suppress his confession ... because he was not read his Miranda rights. is requesting the Supreme Court hear the Dickerson case and reaffirm the Miranda decision. Although §3501 has been on the books for more than 30 years, the Justice Department has given defer­ ence to the Miranda ruling. Until now, the law has been viewed as unconstitutional and unenforceable. The Su- preme Court, in deciding whether or not to grant cer­ tiorari, will have to determine whether the 4th Circuit ·erred in finding §3501 constitutional in light of Miranda. The 4th Circuit asserted in its opinion that Congress has clear "authority to overrule judicially created rules of evidence and procedure that are not required by the Constitution." Further asserting that the Supreme Court, in delivering its Miranda decision, did not "refer to the warnings as constitutional rights" the 4th Circuit found §3501 to take precedence over Miranda. The Justice department argues that Miranda has itself become "a constitutional foundation" ingrained in the law and the psyche of the nation. The law must decide whether a man can walk into a police station, confess to having committed a series of bank robberies, and later attempt to suppress his confession as Dickerson did because he was not read his Miranda rights. The Miranda ruling drew a clear line between legality and illegality. But as is the nature of our legal system, and consequently of our profes­ sion, clear lines of legality are meant to be blurred in the name of democracy. �4 December 6, 1999 THE OPINION Movie Review The Insider by Kevin Hsi '00 Over the Thanksgiving break, I finally had the chance to watch The Insider, a somewhat con­ troversial movie that dramatizes the actual ill-fated relationship between a prominent tobacco indus­ try whistlebJower and CBS' 60 Minutes during the mid-1990s. The Insider stars Al Pacino as a 60 Minutes segment producer named Lowell Bergman and Russell Crowe, a<;Jeffrey Wigand, a former sci­ entist and corporate executive for the Brown & Williamson tobacco company. The Insider was directed by Michael Mann, the creator of"Miami Vice" and the director of several well-received movies such as "Heat" and "The Last of the Mohicans." A brilliant expose on the difficulties of deal­ ing with the economic power of corporate America, The Insider shows how fears of legal liability could even force a famous news show like CBS' 60 Min­ utes to censor itself when it comes to showing a segment on the tobacco industry's long-time knowledge of the addictiveness of tobacco. As in real life, Wigand was the former vice president for research and development at Brown & Williamson who agreed to speak to "60 Min­ utes" about what the company knew about the dangers of smoking. According to The Insider, Wigand agreed to do so partly through the prompt­ ing of Bergman, a 60 Minutes segment producer who worked prima'rily for Mike Wallace. Not surprisingly, Brown & Williamson was very displeased when it found out and the movie strongly implies that the company exerted a great deal of financial and emotional pressures on Wigand in hopes of keeping him silent. However, whereas the company failed to stop Wigand, The Insider shows how it was ulti­ mately the cowardice and possible self-interest on the part of CBS' executives that nearly destroyed Wigand and his credibility. Although Wigand did consent to an interview with Wallace for "60 Min­ utes", the interview was shown to the public in a heavily censored format after fears of legal liabil­ ity were expressed by CBS corporate executives, particularly its general counsel (played by Gina Gershon). The censored segment quickly became known as one of the lowest points in CBS (and television) history while the latter segment was only shown belatedly after considerable public outrage on the ontside and strenuous advocacy on the inside by Bergman. In fact, much of the movie actually focuses on Bergman, played with usual aplomb by Pacino, and his difficulties in dealing with both the reluc­ tant Wigand and his own superiors at CBS who were even more reluctant than Wigand at the legal and financial implications of exposing the truth about smoking. Mike Wallace, as the reporter who actu­ ally interviewed Wigand and narrated both the cen­ sored and uncensored segments of that interview that were shown on 60 Minutes, is portrayed very convincingly by Christopher Plummer, particularly in terms of his looks and mannerisms. Wallace's own role in the Wigand censorship fiasco is un­ clear although, in my view, the movie does try to portray the reporter in a generally sympathetic light as he struggles over ~hether or not to side with Bergman and his own conscience. Likewise, the acting of Pacino, Crowe and the cast in general is superb. Crowe, in particular, gives a tremendously moving portrayal of the emo­ tional turmoil that Wigand must have went through before he was finally exonerated in the court of public opinion .. A"'an additional bonu., the movie has a brief but effective cameo role by Mike Moore, the cur­ rent Attorney General of Mississippi who was also the first A.G. to file a lawsuit on behalf of a state . against the tobacco industry. Interestingly enough, despite the movie's obvious criticisms against censorship, the movie itself goes to highly visible lengths to stress in both its opening and closing credits that while it is "ba'>ed on a true story, certain events depicted in the film have been fictionalized for dramatic ef­ fect." In actuality, The Insider shows very little of what actually goes on inside Brown & Williamson and mentions only one Brown & Williamson employee, former CEO Thomas Sandefur (who died in 1997) by name. Furthermore, the movie never mentioned that at the time of the "60 Minutes" censorship fiasco, CBS was owned by the Tisch family who also happened to own the Lorillard Tobacco Com­ pany. In fact, the head of Lorillard was Andrew Tisch, the son of CBS chairman Laurence Tisch. Furthermore, like Sandefur, Andrew Tisch was one of the tobacco company CEOs who testified be­ fore Congress in 1994 that none of them believed that nicotine was addictive. The movie, like the 60 Minutes interview, dwelled onJy on the testimony of Sandefur. Iro!Ji­ cally, the movie's byline on its poster simply says, "Exposing the truth could be hazardous." None­ theless, it has been reported that Brown & Williamson had actually sent its pollsters to vari­ ous premieres of The Insider in order to gauge audience reaction on how the company was por­ trayed during the movie. Furthermore, it has also been reported that Brown & Williamson is currently considering fil­ ing a libel lawsuit against the Walt Disney Com­ pany, the owner of Touchstone Pictures, which produced and distributed the film. ( Ironically, a few years before Wigand had even spoken to "60 Minutes", ABC News (which is now owned by Disney) was involved in a similar incident involv­ ing Phillip Morris.) While The Insider is inevitably filled with generalizations and dramatizations of the actual events surround Wigand, it nonetheless offers a compelling and thought provoking look at how our legal system can operate particularly in regards to how some corporate lawyers may choose to oper­ ate when defending the interests of their clients. For example, during the movie, Wigand blamed the lawyers at Brown & Williamson for ruining his life after the company found out of his inten­ tions to tell 60 Minutes what he knew about the dangers of cigarette smoking. Ironically, the real aftermath for this movie could be the tobacco industry's current fight against the government in the U.S. Supreme Court to have the Court over­ rule the Food and Drug Administration (FDA)'s authority to regulate tobacco, particularly in re­ gardl to its inquiry into nicotine. A decision is due in sometime next year. In fact, the case that was argued before the Court on December 1 was called: FDA v. Brown & Williamson. See also, Brown & Williamson v. FDA, 153 F.3d 155 (4 th Cir. 1998). Since its release a month ago, "The In­ sider" has received strong reviews from most movie critics but it has also fared weakly at the box office (so far, the film has earned a little over $22 million at the box office) perhaps because of its length (it's over two and half hours long but seems to go by a lot quicker) and its somewhat sensitive topic matter. However, my recoqimen­ dation is that everyone, especially lawyers and law students, should take a stand against corporate censorship and watch The Insider. It is a revealing, compelling and timely movie about the lengths that companies may go through in order to keep the truth hidden from the public. The Insider is currently showing at vari­ ous local theaters including the University Cin­ ema on Maple Road, near the U.B. Campus. � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Opinion, 1999-12-06 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. The Opinion no. 4 06.12.1999 Date Issued Date of formal issuance (e.g., publication) of the resource. 12/6/1999 Bibliographic Citation A bibliographic reference for the resource. Recommended practice is to include sufficient bibliographic detail to identify the resource as unambiguously as possible. 51 4 Publisher An entity responsible for making the resource available University of Buffalo State University of New York at Buffalo Law School Language A language of the resource eng Type The nature or genre of the resource Newspapers Text Is Part Of A related resource in which the described resource is physically or logically included. LIB-LAW003 Rights Information about rights held in and over the resource <a href="https://rightsstatements.org/page/CNE/1.0/">COPYRIGHT NOT EVALUATED</a>. The copyright and related rights status of this Item has not been evaluated. Please refer to the organization that has made the Item available for more information. You are free to use this Item in any way that is permitted by the copyright and related rights legislation that applies to your use. This digital collection is made available for research and educational purposes. Researchers are responsible for determining copyright status, and securing permissions for use and publication of any material. Copyright for items in this collection may be held by the creators, their heirs, or assigns. Researchers are required to obtain written permission from copyright holders and the University Archives prior to reproducing or publishing materials, including images and quotations. For inquiries about reproduction requests and permissions, please contact the <a href="http://library.buffalo.edu/archives/">University Archives</a>. If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/8ff5108f4fe1c84bbe2b1375bf511663.pdf 8947be9f9ff70b8d3f5cbf2301d958e1 PDF Text Text Vol. 51, Issue #3 The Opinion STATE UNIVERSITY OF NEW YORKATBUFFALO SCHOOL OF LAW UB Women's Law Journal Office Robbed NOVEMBER 15, 1999 Intellectual Property Law Journal Started law firm specializing in IP, he felt that UB was a natural place for a intellectual prop- by DavidAllen '01 By DavidAllen '01 Thousands of dollars worth of computer equipment was stolen from the Womens' Law Journal last week. Early last week, an unknown person or persons entered the journal office, taking nearly all of the organization's computer equipment, including recently-purchased eqipment that had not yet been unpacked. "We only have hardcopy now. There was no backup," said EditorIrene Chiu, addintg that all of the digitized information was taken along with the equipment. "We're going to have to retype everything. It's going to be a real pain." Chiu said there were no signs of forceable entry, and that whoever took the equipment had apparently locked the door before leaving. The journal had been in the seventh-floor office for less than a week, having moved up from a basement office. The Student Bar Association has offered a $1,000reward for infomratoin leading to the arrest and conviction of those involved in the theft. "The SBA is working with the law school administration, university law enforcement, and the university at large in an attempt to prevent it from recurring again," said in a press release. A group of UB Law students have erty publication. "The University at Buffalo is part of laid the groundwork tor an intellectual a mega-research university. There's inherproperty law journal, with plans to publish the first edition this coming spring. ent interdiscipinary studies. It puts us in a Led by Dariush Keyhani and Paul special unique position," he said. Callahan, the effort has drawn commitThe time is also right, he added, callments fom more than 30 students to help ing IP one of the most marketable areas of produce the journal, which will include law in the country."l think the rewards are scholarly articles on copyright, trademark great, because ofmarket and opportunities. and patent issues. Keyhani also want to inThere's great incentive for people to get clude related issues, such as antitrust.. involved in this," he said. We want to pursue cutting edge leKeyhani hopes to not only include gal issues," Keyhani said.'There's so much scholarly artiucals from legal academics, but also from lawyers actively practicing law out there that's not clear." Keyhani, a.second-year student at in the field UB Law, began pursuing an IP journal He said that the organization has alshortly after the beginning of the school ready recruited Professor David Kopsell as year. With a masters in microbiology and its faculty advisor, and has the backing of work experience at a New York City-based the Student Bar Association. With a staff in place, Keyhani said there is still much work to do. In the coming months, the organization will create a journal web site, which will go hand-inhand with the printed journal.Leaders also , plan to hold a fundraising 'extravaganza within the next few weeks to raise more money to help get the journal off the ground. We figure to get corporate sponsorship," Keyhani added. The journal also is not done recruiting, with hopes of bringing more students on board to share the burden."lt's going to require a lot of work by everybody," he said. Keyhani made clear, however, that a technical background is not necessary for studies in intellectual peoperty. The group plans to hold another meeting later this week. UB Law Bar Passage Rate Attacked by David A Hen '01 University at Buffalo Law School has ranks 11th out of 15 New York State law schools in bar passage rate, according to a recent study. According to the New York Law Journal, 74.5 percent of UB Law graduates taking the bar exam for the first time in July 1998 passed the test, well below the state average of 77.9 percent. The paper last week released rankings of all 15 state schools. At the top of the list was New York University School of Law, with a 96.8 percent passage rate, Cornell University (94%), and Columbia University (92%). Rounding out the top 10 were Fordham university (88.7%), Brooklyn Law School (85%), Albany Law School (81.2%), St. John's University (80.6%), Hofstra University (79.6), and the Ben- jamin N. Cardozo School ofLaw (79.6%). Ranking below UB Law were Pace University (73%), New York Law School (73%), City University of New York (65.3%) andTouro Law School (62.7%). An unknown person copied the rankings and posted them thorughout the school the day after the NYLJ printed, accusing adminsitration and faculty of focusing "on their own interests and agenda, instead ofteaching substantive NYS Law." Microsoft antitrust ruling was a simple decision by Peter Dewind '00 On Friday, November sth, U.S. District Court Judge Thomas Jackson released his findings of fact in the Microsoft antitrust case. Despite the length of the document, the conclusion was simple and direct. Microsoft has the power of a monopoly and has detrimentally affected consumers through its business practices. This finding might seem to be of the 'who's buried in Grant's Tomb' variety. Microsoft's products are everywhere. It's flagship product, the Windows operating system, enjoys up to 90% of the market. Judge Jackson's finding, however, was more complex than the company's omnipresence might suggest it should be. Monopoly power is the ability to set prices. This power, however, does not automatically follow from having a large market share. This may particularly true in the software market which is unique in many ways. For example, once the original program is developed, each subsequent unit or copy ofthe software may be made at little or no cost. Additionally, electronic pathways such as the Internet provide for inexpensive and instant channels of distribution. Microsoft argued that the inherent of software precludes monopoly power. That is, better or cheaper products nature could move into and take over the market at any time. To support its argument, Microsoft pointed to Linux, an operating system offered to the public free of charge. It argued that if Windows were not meeting the public's demand, people could immediately switch to another operating system. Thus, it claimed to lack monopoly power over the market and thus may not be found to have illegally exercised such power. In a detailed and technical opinion, Judge Jackson disagreed with this line of reasoning. He found that Microsoft does have monopoly power for three reasons "[f]irst, Microsoft's share of the market for Intel-compatible PC operating systems is extremely large and stable. Second, Microsoft's dominant market share is protected by a high barrier to entry. Third, and largely as a result of that barrier, Microsoft's customers lack a commercially viable alternative to Windows." This barrier to competitor entry came the same source as Microsoft's argufrom ment, the unique nature of their product. The purpose of a computer is to run programs such as word processing and database applications. These programs use a computer's operating system to manage many of the tasks involved in their operation. This occurs through the operating system's 'Application Programming Inter- face' (API) which gives the applications access to the operating system code. This API is different on different operating systems. Application's must, therefore, be designed to work with the particular operating system which is controlling the machine. Since Windows is the most popular, most programs end up being designed to run on Windows. It is true that many application programs are released in versions designed to run on less popular operating systems such as Apple computer's 'OS. The nature of the software market, however, tends to produce one single standard which all programs can operate on. This natural tendency toward standardization is similar to the eventual dominance of the VHS videotape standard over the then competing Betamax standard. If a competing operating system were to suddenly appear, it would be difficult to competitively enter into the market where consumers already have a wealth of applications designed to operate on the dominant system and few, if any, designed to operate on the new competitor. Judge Jackson went on to find that Microsoft benefitted it's monopoly power. In particular Microsoft used it's position to inhibit competitors such as Netscape and Sun Microsystems. The Department of Justice had joined several states to accuse Microsoft ofusing it's power to force vendors and consumers to purchase unwanted products along with the operating system. Microsoft was accused of using this practice of 'bundling' products to squash competition in the Internet 'browser' market. Microsoft, for it's part, claimed that an Internet browser was not a separate product to be bundled with Windows. They claimed that it's Internet Explorer could not be separated from the Windows product. Opponents argued that this was only true because Microsoft had specifically engineered later versions of Windows to make the Explorer unremovable. Microsoft's claim was further weakened when it released Internet Explorer 5 as a separately packaged and marketed Internet browser only weeks after making its claims at trial that it was not a separate product.. Judge Jackson found that Internet browsers are indeed a separate product from the operating system and that Microsoft had used its power when forcing customers to purchase Internet Explorer when also purchasing Windows. This served to stifle competition in what he termed the 'middleware. These are programs, such as the Netscape Navigator browser, which contain their own APIs which future applications run on instead of the operating system. This would re(continued on page 3) �November 15,1999 THE OPINION 2 The Opinion Co-Editors in Chief: Peter DeWind & Dave Allen Managing Editor: Jared Garlipp News Editor: Kevin Hsi StaffReporter: Peter Nicely Open Positions: Op/Ed Editor; Layout and Graphics Editor; Business Manager; Web Editor; Photographer; Reporters; Columnists. The Opinion, SUN V at Buffalo Amherst campus, 7 JohnLord O'Brian Hall, Buffalo, New York 14260, (716) 645-2147, is published bi-weekly throughout the Fall and Spring Semesters. The Opinion is Ihe student newspaper of the State University of New York School of Law. Copyright 1999 by the Opinion, SBA. Any reproduction of materials herein is strictly prohibited without the express consent of the Editor-in-Chief and piece writer. Deadline for all submissions is SPM on the Wednesday preceding publication. Later submissions may be accepted at the sole discretion of the editors. Submissions may be submitted at the Opinion offices, sent by mail to the above address, or placed in the Opinion mailbox located in theSBA officevestibule. Submissions should be saved on 3.5" disks in either IBM or Macintosh format as either a CorelWordperfect or Microsoft Word file and be accompanied by a printed copy. Disks labeled with a Lockwood mailbox number will be returned. Letter to the Editor Policy: while the Opinion will not print libelous or anonymous material, all submissions shallbe printed entirely and exactly, provided they are signed submissions from a member of the UB Law community (students, faculty, staff, alumni). Submissions will not be edited without the author's consent. The Opinion in no way endorses the viewpoints of its various columnists and contributors. EDITORIAL The Bar Brouhaha This past week, someone look the time to copy and distribute a chart which detailed the New York State Bar passage rate. The breakdown offirst time test taker scores showed how the students of each law school in NY fared. Students trained at SUNY Buffalo did poorly. What is the cause of this phenomena? The person who created this flyer clearly places the blame upon the faculty and administration. The flyer noted that in spile of the low passing percentages, thefaculty continues to pursue some sort of unspecified though decidedly self-serving agenda. Is that really the decisive factor? It is true that the administration continues to tout its new and improved curriculum which features our groundbreaking clinical con cenlrations. Obviously, ifone is taking more classes in a small, focused area of the law, less time is available to take general law classes. The conclusion that this focus leads to less general knowledge of the law, or at least less reinforcement of basic concepts, is not a reach. Though schools with 'higher quality' students did have a higher passage rate, several schools with 'lower' admission criteria than UB also had a higher passage rale. This would seem to exonerate the student body as the decisive factor. However, such a conclusion only looks to general admission criteria. What other factors could there he ? Perhaps the grading system has something to do with it. It is very easy to get on that Q-Train. One canpass many of this schools basic courses armed only with a pre-prepared outline and a few general concepts. Yet, one will not be wellserved by such general knowledge when it comes time for the Bar exam. Though a generalknowledge might serve to eliminate some options on a multiple choices question, the final answer invariably comes down to choosing between options which test ones knowledge of nuances and distinctions. This is to say nothing about the essay part of the exam. Thisraises an interesting pointabout 'the'bar review course. Most students statewidereview for the exam with by taking Barlßri. Yet, despite the fact that everyone is taking the same basic course, there remains a differential passage rate. I was once told that Bar exam courses don'treally teach you the law. Rather, they only serve to fill one with the horror andpanic which inspires vigilant study andreview. If the knowledge isn't there in the first, perhaps there is nothing the course can do for you. Perhaps there are other factors which account for the problem. Maybe it's the lack of student discourse. This is, after all, the same environment in which students have been rewarded for expressing their points of view by receiving racist e-mail (a reward from the right) and having one's car 'keyed' (a present from the left). One has only to sit in a lecture hall watching the Prof go through a rendition ofBen Stein's Fast Times shtick (anyone, anyone, anyone) to get someone to speak out loud. Regardless, the fact that 1 out of4 UB students do not have the requisite knowledge to practice law should be a serious concern to students, administration and faculty alike. It is imperative that the cause be found as the solution will clearly follow. Until that happens, this law school will continue to fail in its goal "to prepare students for a career in law". COMMENTARY Encouraging All Students To Take Part In University Vote 1999 by Kevin Hsi '00 , On November 16" and 17'\ an unprecedented campus-wide referendum on a variety of campus issues will be held on the U.B. campus. This event, which has been called University Vote '99, is being sponsored by the undergraduate Student Association (S.A.) at U.B. According to S.A. President Nicole Piotrowski, all students (including law students and other graduate students), faculty and staffcan vote on this referendum. The voting shall take place in the main lobby of the North Campus Student Union on November 16th and November 17lh between 9AM and 5 PM. In order to vote, all you have to do is to bring your student ID to the voting place. Regardless of how each individual feels on each issue, all members of the campus community are strongly encouraged to take part in this movement towards greater campus democracy. The questions on the ballot will probably be as follows: 1) Do you think U.B. needs a Socially Responsible Investment Advisory Board? Issue: U.B. currently invests in a huge variety of companies - several of whom have had controversial human rights, environmental or labor practices at home and abroad (e.g., Shell Oil, Monsanto, and General Electric). Not surprisingly, these morally questionable investment decisions have been made without any real consultation from the U.B. community. The creation of an S.R.I. Advisory Board would give students, faculty and staff a greater say over whether or not U.B. should continue to invest in such companies. 2) Do you support the University Community Initiative? Issue: In recent years, U.B. has been working with the surrounding local governments (including the City of Buffalo and the Town of Amherst) on plans to "revitalize" the popular University Heights neighborhood around the South Campus. For its part, U.B. has been purchasing several homes in the area in order to sell them to homeowners, most of whom are unlikely to be students. Critics have viewed this plan as a form of gentrification and a means of moving more students onto the more expensive on-campus housing, particularly around the North Campus. 3) Do you think there should be a cap on Student Fees? Issue: Currently, there is no set limit on how much students may be charged each year on their student activity fees in order to cover certain extracurricular activities such as intercollegiate athletics. Given U.B.s recent and very expensive move into Division 1-A athletics, many students are worried that their mandatory student fees would be raised (as they were this summer) continuously to make up for any budgetary shortcomings in this and other programs. 4) Do you think UB should return to itemized bills? Issue: This question is related to Question 3 but deals specifically with the fees that are billed separately from the student activity fee. This year, the U.B. administration wants to make students pay a variety of fees (e.g., transportation, health, technology, etc.) under a single "Comprehensive Fee" which bundles all of these fees together into a single amount under a single heading. The administration argues that this "Comprehensive Fee" will "simplify" the billing process for students. Opponents of the "Comprehensive Fee" disagree and argue that itemized billing is the only way to "clarify" how students fee are actually being spent. Furthermore, itemized billing will make it easier for students to argue for individual fee waivers. 5) Do you think the UB Budget Committee needs representation from faculty and students? Issue: Currently, the UB Budget Committee consists of only three men U.B. President William Greiner, Senior Vice President Robert Wagner, and Provost David Triggle. As of yet, there is no faculty or student representation on the Budget Committee. Given that the Budget Committee determines where and how money is spent on the U.B. campus, many people feel that additional representation on the committee is long overdue particularly in light of the recent spending cuts and hiring freezes at U.B. 6) Do you think there needs to be input from the UB community on additional buildings of North Campus? Issue: The construction of new student housing by Lake LaSalle on the U.B. campus have worried many environmentalists both inside and outside of U.B. who fear that the campus' ecology and natural beauty is being destroyed for the sake of building new (and overpriced) housing and other facilities. Because the administration is planning to build more on-campus housing in the future, there have been calls for greater community input into such administrative decisions. 7) Do you think the alleviation of the library budget deficit should be a priority ofthe University? Issue: Due to Governor George Pataki's refusal to allow for inflationary increases in the SUNY Budget, U.B. made a controversial decision to temporarily hold off all new library purchases in order to reduce operating costs. This "hold" on library purchases has since been lifted by President Greiner but it remains unclear as to how the University's libraries shall deal with their budgetary shortfalls. The University Vote is an entirely student-initiated referendum on several (but not all) of the most pressing issues affecting everyone in the U.B. community. Its dual goals are to foster campus democracy and encourage greater administrative account,X ability. So remember to vote this Tuesday and Wednesday (November 16 and 17,h ) because every vote does matter. - �November 15,1999 THE OPINION Microsoft ruling may lead to settlement (continued from page 1) move the requirement that programs to be compatible with the computer's operating system and allow a pro- gram designed to run on Navigator, for example, to run on any machine whichhas Navigator. Conceivably, this could have made it easier to compete with Microsoft. Judge Jackson's factual determination does not end the case of U.S. v. Microsoft. Microsoft could still win the case when the conclusions of law are issued early next year. The cast of these facts makes that eventuality much less likely. Bill Gates has continued to insist that his company has done nothing out of the ordinary. In the past week, however, he has been making statements which indicate he understands the value that settling might have for his company. Failure to settle could lead to massive sanctions if the Judge determines Microsoft is a monopoly. In the past week the Department of Justice and the Attorney Generals from participating states have begun to talk about the remedies they could request. These generally fall into either making the Windows source code available to competitors or breaking up the Microsoft corporation. The breakup option could involve creating several smaller Microsofts, termed 'Baby Bills', which would compete against each other much as the Baby Bells have. Alternatively, each of the three main Microsoft products could be broken into separate companies such as the operating system (Windows), the applications programs (Word, Excell) and Internet (Explorer). Regardless of the remedy, Microsoft is expected to appeal to the more laize-faire friendly Court ofAppeals. However, the detailed findings of fact which Judge Jackson has issued goes far toward hampering the Appellate court's ability to reach alternate findings. Judge Jackson's facts, if accepted by the Appellate court, lead almost invariably to one conclusion - monopoly. 3 Supreme Court to Decide Legality of Student Activity Fees By Peter Dewind '01 The U.S. Supreme Court heard arguments this past week in a controversy which calls into question the payment of student activity fees. The case, Board of Regents of the University of Wisconsin v. Southworth stems from the complaints of conservative Christian students at the University of Wisconsin. Southworth refused to pay the University's several hundred dollar activity fee complaining that the money was being used to support groups which promoted views he did not personally support. He joined other students arguing that requiring payment of activity fees used to support various groups is, in effect, forcing them to support issues which they oppose. This, they argued, violates their right not to associate with a particular ideal. The 7lh Circuit U.S. Court of Appeals agreed with the students. In support ofthis decision, the Court looked at a line ofcases holding that such expressive activity may not be compelled. For example, the 1977 Supreme Court case of Abood v. Detroit Board of Ed. prevented the use of school board service fees to support political points of view. Similarly, the Court's 1990 case, Keller v. State Bar of California, prevented to use of Bar dues to support political or ideological viewpoints. The Wisconsin Attorney General, Susan Ullman, urged the Supreme Court to look to a different line of reasoning in which universities have been required to provide the same level of support to both religious and nonreligious student groups. This holding, from the Court's 1995 case, Rosenberger v. University of Virginia, required that publically funded universities which support third party viewpoints must be viewpoint neutral when distributing the supporting funds. The state argued that activity fees are viewpoint neutral and foster a wide range of expression. The Justices, for their part, were concerned that the allocation of funds was not really neutral. As an example, the court pointed to certain popular political groups which received greater funding than other, less popular ones. A decision against the state could force publically funded universities to change the way in which money is collected and spent. A decision in the case is expected in the spring of 2000. GLS offers free legal advice to students Did you know that right in our own student union every U.B. student has daily access to free legal advice? How many of us have wondered if thatlease we are thinking about signing is fair, or if there was any way to protest that last traffic ticket? Group legal services, a division of SBI, offers consultation with competent, practicing local attorneys every weekday in room 377 of the Student Union. In addition to this vital practice, GLS has had law students who work as student defenders to represent students who must appear before the StudentWide Judiciary. Any student who gets a notice to appear before SWJ should call or come by the office. The organization is funded by mandatory student activity fees, and are here solely to help, inform and educate the student body. GLS also has student researchers who are trained on the basic techniques of legal research and in turn research, write and publish pamphlets on legally relevant issues of concern to the U.B. community. Any UB student can volunteer to become a student researcher an gain extensive knowledge of the legal process. In addition, GLS will provide a workshop on studentrights, on November 15. The workshop will begin at 6 p.m. and be held in room 330 in the Student Union. Those who are concerned about their rights on campus should attend. GLS is a valuable resource; start taking advantage of it today. For more information call 645-3056 or stop by 377 Student Union. UB Group Proposes Brownfield Development Organization The complicated process ofrevitalizing Western New York's many brownfields could be enhanced and accelerated significantly through the formation of a new, nonprofit organization designed to facilitate such projects, according to a report by a new University at Buffalo group, the Brownfield Action Project. Authors of the BAP report say the nonprofit organization would be the first brownfield7redevelopment in the United States to be initiated by a university, a fact that will allow for the latest research findings and innovations in the field to be adapted quickly for practical application. An interdisciplinary group formed by .B. professorss of law, planning and engineering each with expertise in brownfierld development BAP is affiliated with ÜB's Environment and Society institute (ESI). Funded by the ESI and the university's Center for Integrated Waste management, the report was designed form the outset to determine how such organizatoins had assisted development in other regions through the United States and how they might work in Western New York and in other upstate regions. "Brownfield redevelopment is a growth industry," explained Thomas F. Disare, clinical professor of the UB School of Law and a BAP report author, pointing to the fact that the federal government and other sources are making dedicated funds available to communities for development projects. - - "The communities that are the first ones that learn how to put deals together for redeveloping brownfields will get a disproportionately high share of the resources that are available," said Disare. The report looks at 11 nonprofit organizations in seven states thateither have added to their services programs to develop brownfields, or were created specifically to do brownfield redevelopment. "Our interest was in promoting brownfield redevelopment in some way and we wanted to see if this was the way to go," said A. Scott Weber, Ph.D., director of the Center for Integrated Waste Management, professor of civil, structural and environmental engineering, and an author of the report. "Our conclusion was that a nonprofit organization could play a critical role, particularly in developing small and/or complicated sites, such as those with a significant amount of contamination, that simply would not be tackled by existing public or private entities. Through this process of trying to see what others have done and the roles that they play, we have seen wheto put deals together for redeveloping brownfields will get a disproportionately high share of the resources that are available," said Disare. The report looks at 11 nonprofit organizations in seven states that either have added to their services programs to develop brownfields, or were created specifically to do brownfield redevelopment. "Our interest was in promoting brownfield redevelopment in some way and we wanted to see if this was the way to go," said A. Scott Weber, Ph.D., direc- tor of the Center forhor of the report. The group noted that a regional brownfield organization would fill the gap that exists in brownfield redevelopment by recycling sites not normally considered by the private sector. "Real-estate developers purchase sites and develop them if the market value of the developed property justifies their costs," explained G. William Page, professor and chair of the Department of Planning in the UB School ofArchitecture and Planning and an author of the report. "What we're looking for are projects where the market return may not be sufficient for a private developer, and where we think our intervention could help remediate and develop a site that wouldn't be developed if it were left to market forces alone. We want to find places where the social value of development is greater than the economic value." He added that such sites include those that, as brownfields, have become magnets for unwanted social activities and contributors to urban blight. While noting that such organizations are new, the report points out that they bring a welcome player to the table, particularly for difficult or complex sites, which, according to Weber, describes many of the sites in Western New York. "There have been a few, very-wellpublicized success stories," Weber said, noting, for example, the tomato greenhouse that was built on an old Republic Steel site and the Wegmans supermarket built in Buffalo. "But many other sites in our communities have development potential but lack sufficient expertise and the capital necessary to allow them to pro- ceed." According to the report, putting together a successful brownfield-redevelopment plan is an extremely complicated process, requiring the coordination of many different players, including banks; federal, state and local government agencies; private corporations, and developers. That level of complexity is what often prevents brownfields from ever getting redeveloped. "Contrary to popular belief, brownfields come in all sizes, shapes and degrees of complexity," said Keith Welks, president of the Phoenix Land Recycling Co., a nonprofit in Harrisburg that redevelops sites throughout Pennsylvania and one of the organizations studied by the BAP. "Nonprofit organizations can be extremely valuable in resolving problems at difficult brownfieldsites that the private sector continues to ignore. I welcome the creation of a new brownfield nonprofit." According to the report, such an organization could remove some of the obstacles to brownfield redevelopment that exist in Western New York, where only a small fraction of the total number of sites are even being considered for redevelopment. The BAP is working toward creating a regional nonprofit organization, identifying an appropriate funding source for staff and embarking on an outreach effort in the community. �November 15, 1999 THE OPINION 4 COMINGUP Court At Alumni Luncheon The Hod. Mark FarreJl, Amhctst town justice and past ptesjdent of the University at Buffalo /Jurao» Asoscjation, wjH , disciss his awanJ-wnimug 'drug court, believed to be the Of si of its kind in a suburban setting, during the UB Senior Alumni Jancbeon, to be heid Nov.. 18 io the Center forTomoitow «n the UB North Campos, During his preseniaiom, Fartell will also discuss bow }ocai government wtwks, whh an emphasis on town courts. DesJgnertl for UB Senior alumni, their guests and spouses, the cost of th<? luncheon is $ 12 pet person. For more jutormatoin or to make r<>servaro»n», call the ÜBOttia* ot Alumni Relatoiius 3t829-260e> Sponsors of the Senior Alumai Luncheon Series are independent Health and Financial Educational Resources. Prison Issues Film Forum Continues There arc two films left in the Prison Issues FaJl Forum following films series, which runs through early December. The - November IS, Elayne Rapping onTabloid Crime Shows Professor Rapping, a media expert in the Department of Women's Studies, will discuss the shift in media representations ot crime and punishnicni in Jbe last decade., using clips from tabloid tele, vision series, such a>; COPS, America's Most Wanted and itie HBO prison series Oz.. December 2, Eastern State Penitentiary, with guest teclater Ed SteMeid � The documentary of Eastern Siat« peojten* nary gives a trailed history of the pnsoth t'rom its inttlat prac«ce oftotal soUlar>' confineruent to us repbeement into an over, crowded big house to its tepbeeruent witha modern facility in ]<J7O. Stelnidd. from the Department of Architecture and Ph«onirtg. will kad a dJNCussion on tile influence of ptisoa architec- ' ime in controlling ptivaey. Sheffer Leads SUNY Team on Zambia project John B. Sheffer, 11, director of the Institute for Local Governance and Regional Growth at ÜB, is leading a State University of New York team that is conducting a needs assessment for the National Assembly of the Republic of Zambia. The SUNY delegation, sponsored by the United States Agency for International Development (USAID), is assisting the Zambian Parliament in a comprehensive reform effort. In addition to Sheffer, the team includes James P. Ketterer of the University at Albany, Sister Auxilia Ponga of the government of Zambia and Henry C. Ngaba of Grant Thornton Consultants of Lusaka, Zambia. Sheffer, director of the Institute for Local Governance and Regional Growth since 1997, is also a professor of law and planning at ÜB. A former village mayor, he served 10 years in the New York State Assembly and five in the State Senate before joining the UB faculty. While in the Assembly in the mid-19905, he spearheaded a reform effort with the publication of "Project 1990: The Challenge of Effective Legislative Management in the State of New York." "Zambia is a relatively new multiparty democracy — until the beginning of the 19905, it was a one-party state," said Sheffer. "Its elected national legislature has only existed in its current form for eight years. The Zambian National Assembly is working with USAID to become a more effective The Student B«ir Associatuvn and the Dental Bar Associahusted <in unofllciul mixer to raise, money to assist the victims. Donations are still being accepted. You can pay either cash or by check Make checks payable to UB Law School, and drop them off at either the SBA office (101 O'Brian) orf Dtjn Saran's Office (314 O'Bnan). tion recently Baldy Center Plans Regulation, Public Policy Study Groups The Regulation and Public Policy Program has r v nnvene<3 its informal reeading and discussions, which are open to all.The tjorst two sesioins ate part of tb<? series focusing on recent development* in teb regulation offinancial servtces industries On Thursday, Nov. I#, i-2;30p.m.. Eric !.. Foster h;iok the FtderaJ of New \\»rk will 4isct>ss pending that would tepe.ilibf Glass-SteaiialiAct.ibt- Depression-era banking law that requited separution ol tbc banking insmafice, ami &« univ industries. The <h'scwsid.«ia wJi be held in the Law Fjculty Loouge. 545 O'Brien HaU. Bjckgrouud i<.-;t<i»ng* are available tbwogh the Baldy Center.. Tb(*e wbo pJiui u> attcud should RSVP to the BalUy Cenkr by Nov. 17. as lynch « LALSA Bar Night/ Dance A Success The Latin American Law Student Association held its dance/bar night at La Luna dance club in downtown Buffalo Nov. 11. The organization ws successful in raising much-needed funds for its sponsored funds for a summer fellowship with BPILP. ter its return to the United States. William M. Kunstler: The Most Hated Lawyer in America by David Langum New York University Press , Two UB Law and a dental student are receiving belp from the college communuy after their house buiued <k»wtt last month. Iα mid-November, a ht)«se shared by tht; three graduate burned down.; the students lost nearly all ot their po.s- democracy work." The mission is Sheffer's second with USAID as a specialist in governance issues. He also served as a member of a group, along with Ketterer, that assessed the structure and needs of local governments in Lebanon in November 1998. A nation of 9.7 million in south-central Africa, Zambia adopted its current constitution in 1991 and first elected its president and 150-member National Assembly that same year. Currently, the Assembly is pursuing a reform agenda on such issues as committee systems, constituent services and the legislative process. The State University of New York Office of International Programs developed the Zambia initiative in conjunction with USAID. In addition to assistance with democratic governance, USAID supports programs in Zambian private-enterprise development, agriculture and health care. The delegation will meet with the National Assembly and other stakeholders during a twoweek stay in Zambia's capital, Lusaka, and will draft its findings and recommendations shortly af- BoR k eview All prtsentatjons will begin at 4 p m. 104 O Brien Hall.. Donations Still Accepted For Fire Victims and representative partner in Zambia's continued economic and political development. "Our team is privileged to be a part of this initiative. We are here in a supporting role to assist the Zambian Parliament in the hard task of making by Joshua S. Roberts Even after his death in 1994, William Kunstler is perhaps Most Hated Lawyer in America. At least that is the title of David J. Langum's new biography of the celebrity-lawyer who was involved in defending untouchables from 60's activist Abbie Hoffman, to the infamous Long Island railroad shooter, Colin Ferguson. But as is true with celebrity, legal or otherwise, the man behind the fame is easily lost. Langum does a fine job of injecting Kunstler's reputation with a hu- that is particularly identifiable by fellow barristers, and in so doing, develops a roadmap to the civil rights movement ofthe 196()'s through to the radical elements present in the more conservative 19905. Langum's assessments of Kunstler's personality are insightful, though often repetitive. Readers are too frequently told of Kunstler's desire for acceptance, a quirk that is illustrated by Langum with stories of a middle aged Kunstler experimenting with the political radicalism and marijuana of his younger clients as a means for aining their approval. These peculiar stories are t lemselves interesting, especially in ontrast to Langum's portrait of Cunstler's almost normal family life. however, It is Cunstler's presence in so many famous political cases, and Langum's discussion of those cases that make this biography worth reading. The extent of Kunstler's legal legacy is astounding providing readers with a look at a litany of notable cases including the trial of the Chicago Seven, Jack Ruby, El Sayyid Nosair, and H. Rap Brown. The book is one of law, politics, and history with Kunstler as the common thread. However distasteful Kunstler's personality was, and however radical he was professionally, he is redeemed by Langum's portrayal of an often philosophical and always thoughtful man. Langum, himself a lawyer and law professor, uses Kunstler's story to ask the question, why practice the law unless you intend to change it? Kunstler practiced law because he wanted to change it, and this biography of his life and legal career capmanism tures that attitude. � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Opinion, 1999-11-15 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. The Opinion no. 3 15.11.1999 Date Issued Date of formal issuance (e.g., publication) of the resource. 11/15/1999 Bibliographic Citation A bibliographic reference for the resource. Recommended practice is to include sufficient bibliographic detail to identify the resource as unambiguously as possible. 51 3 Publisher An entity responsible for making the resource available University of Buffalo State University of New York at Buffalo Law School Language A language of the resource eng Type The nature or genre of the resource Newspapers Text Is Part Of A related resource in which the described resource is physically or logically included. LIB-LAW003 Rights Information about rights held in and over the resource <a href="https://rightsstatements.org/page/CNE/1.0/">COPYRIGHT NOT EVALUATED</a>. The copyright and related rights status of this Item has not been evaluated. Please refer to the organization that has made the Item available for more information. You are free to use this Item in any way that is permitted by the copyright and related rights legislation that applies to your use. This digital collection is made available for research and educational purposes. Researchers are responsible for determining copyright status, and securing permissions for use and publication of any material. Copyright for items in this collection may be held by the creators, their heirs, or assigns. Researchers are required to obtain written permission from copyright holders and the University Archives prior to reproducing or publishing materials, including images and quotations. For inquiries about reproduction requests and permissions, please contact the <a href="http://library.buffalo.edu/archives/">University Archives</a>. If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/d3449f1270c725cba9645f643cdbe274.pdf 996a968e9a01a2eaa03b4905f799ebdc PDF Text Text O THE PINION Vol. 51, Issue #2 STATE UNIVERSITY OF NEW YORK ATBUFFALO SCHOOL OFLAW NOVEMBER 1, 1999 Law School honors women grads not finished. by David Alkn'Ql,,.,*, ~J ~ o__ nKTyiiiJnrago, ifelen Z.M. Rogers and Cecil B. Wiener became the first women to graduate from Buffalo Law School. Last month, the school (now UB Law School) honored the landmark anniversary by hosting a day-long conference looking at the accomplishments and future of women in the legal field. More than 100students, faculty and members of Buffalo's legal community took part in "Sisters In Law (A century of Achievement at UB)," held Oct. 22. The event included an alumni panel discussion, a salute to women in the judiciary, and several seminars. While much of the event focused on the history and achievements of UB Law graduates, attendees were reminded of the nearly 400-year struggle of women nationally to be a full part of the profession, with several speakers declaring the struggle is "While we have a lot to celebrate, but we have a lot to accomplish," saidUB Law School Dean R. Nils Olsen, Jr. during the conference's opening remarks. Author Lorraine Dusky deliveredthe event's keynote address, discussing landmark events in the history of women in law. The writerof the 1996 book "Still Unequal: The Shameful Truth About Women and Justice in America," listed several "courageous women who brought us here," by forcefully pushing for entrance into what had traditionally been a male-dominated profession. In particular, Dusky detailed resistance against women's move into the legal field, even after the first women were admitted to law schools (at Washington University, University of lowa, and Howard University) in 1869. Yale had at one point denied diplomas to women who completed school there, and the NewYork Times had editorialized that "married women could serve humanity better than by becoming lawyers." "We would win some, we would lose some," she said. Dusky offered advice to today's female law students and graduates. "Mentor each other. Don't let them fall between the cracks. If a teacher, man or woman, be a strong advocate for women. Support each other," she said. Several graduates ofUB Law School discussed theirschool and professional experiences during a panel discussion.Lillian Cowan '27, who still practices law, knew Rogers andWiener. Both women mentored female law students while practicing law locally. "It was my privilege to know these women and admire them," said Cowan, one of six women in a graduating class of 100. She and Hon. Mary Ann Killeen '52, Hon. Betsy Hulrey '61, Hon. Rose H. Sconiers '61, Barbara Kavanaugh '83 and Tonya Guzman '99 painted a picture of a profession that gradually opened its doors to women over the decades. "You have to be said who ..forceful," Sconiers, aggressive. said that female attorneys did not command the respect that male lawyers did in her early years. "Being taken seriously was a challenge I faced," she said. The event also honored several UB Law graduates who are serving in the judiciary. Receiving special citations were Hon. M. Delores Denman '65, Presiding Justice in the NYS Supreme Court Appellate Division; Hon. Jacqueline M. Koshian '59, Justice, NYS Supreme Court, Eighth Judicial District; Hon. Rose D. La Mendola '55, Justice, NYS Supreme Court, Eighth Judicial District; and Hon. Ann T Mikoll '54, Associate Justice, NYS Supreme Court, Appellate Division, Third Department.. Cobb and Dolan earn Desmond honors by Peter Dewind '00 The 1999 Desmond Moot Court competition concluded this past weekend. The final round of oral arguments were held at the Erie County Court on Saturday, October 23. In the end, the 2L team of Kevin Dolan and Charles Cobb emerged victorious. Twenty Four teams completed their appellate briefs and proceeded to the final rounds. The rounds began Monday, October 18lh Each team argued for three consecutive nights. Each night's competition was against a different, randomly selected team before a different panel of judges drawnfrom the surrounding legal community. At the end of the round, judges scored each competitor's argument and gave feedback to assist in improving future speeches. At the end of the third night, the eight teams with the highest scores were selected to go on to the quarter-finals. This round was held on Thursday, October 21" at the Erie County Court. The winning teams immediately argued against each other in the semi-finals. The final round was held on Saturafternoon before Judges Howe, Jasen day and Dillon. Lan Lester and Todd Smith argued for petitioner Christy Brzonkala while Kevin Dolan and Charles Cobb argued the respondent's position. Thisfinal round was followed by a banquet at the downtown Hyatt where awards were presented. Following the close of the competition, each competitor's score for the first three oral rounds was combined with the team's shared appellate briefscore. The top 22 scores were offered positions on next years board where they will take over the Desmond responsibilities and have the opportunity to represent SUNY Buffalo in national moot court competitions. The following teams received top . honors: - - Best Briefs (1). Charles Cobb & Kevin Dolan (2). Joshua Roberts & Bill Taylor (3) Brent Behanna & David Johnstone (4). Alan St. Clair & Terry Sugrue (5). Amy Hemenway & Rachel Kranitz Best Oralists (1). Roseanne McMorrow (2). Lan Lester (3). Bill Taylor (4). Kevin Dolan (5). Mary Snyder.. - The following Desmond Moot Court competitors were offered associate memberships: Michael Argenteri Daniel Deschenes Kevin Dolan Simon Fleischmann Shannon Fuhrman Amy Hemenway Jon Hickey Rachel Kranitz John Patrick Lennon Pietra Lettieri lan Lester Roseanne McMorrow Mark Moldenhauer Norma Polizzi Joshua Roberts Scan Ronan Jill Skretny Mary Snyder Alan St. Clair Terry Sugrue Bill Taylor Matthew Wolf Competitor lan Lester argues his point during the Desmond Moot Court final round. �November 1, 1999 THE OPINION 2 Point-Counterpoint The Opinion Co-Editors in Chief: Managing Editor: News Editor: StaffReporter: Open Positions: Later this year, the Supreme Court will determine the constitutionality of the Violence Against Women Act. The Fourth Circuit ruled that the Act, under which victims of gender-based violence can file a federal civil suit against her attacker, exceed Congress's power under the Commerce Clause and the Fourteenth Amendment. How should the Supreme Court rule? PeterDeWind & Dave Allen Jared Garlipp Kevin Hsi Peter Nicely Op/Ed Editor; Layout and Graphics Editor; Business Manager; Web Editor; Photographer; Reporters; Strike it Down Joshua Roberts '01 Columnists. The Opinion, SUNY at BuffaloAmhcrst campus, 7 JohnLord O'Brian Hall, Buffalo, New York 14260, (716) 645-2147, is published bi-weekly throughout the Fall and Spring Semesters. The Opinion is the student newspaper of the Stale University of New York School of Law. Copyright 1999 by the Opinion, SBA. Any reproduction of materials herein is strictly prohibited without the express consent of the Editor-in-Chief and piece writer. Deadline for all submissions is SPM on the Wednesday preceding publication. Later submissions may be accepted at the sole discretion of the editors. Submissions may be submitted at theOpinion offices, sent by mail to the above address, or placed in the Opinion mailbox located in the SBAoffice vestibule. Submissions should be saved on 3.5" disks in either IBM or Macintosh format as either a CorelWordperfecl or Microsoft Word file and be accompanied by a printed copy. Disks labeled with a Lockwood mailbox number will be returned. Letter to the Editor Policy: while the Opinion will not print libelous or anonymous material, all submissions shall be printed entirely and exactly, provided they arc signed submissions from a member of the UB Law community (students, faculty, staff, alumni). Submissions will not be edited without the author's consent. The Opinion in no wayendorses the viewpoints of its various columnists and contributors. Editorial A Few Kind Words This .space is normally reserved for a thoughtful, well-written editorial reflecting extensively-researchedfacts and lengthy discussions by the Opinion leadership. However, since we are still suffering from a Desmond Moot Court hangover, our readers will have to settle for a couple ofknee-jerk reactions. •** This is the year of States' rights. Among the four cases on the Supreme Court docket questioning the legislative power of Congress, Brzonkala v. Morrison is at the forefront. The law at issue is the Violence Against Women Act, and it should be found unconstitutional. The Violence Against Women Act is predicated on both the Commerce and the Equal Protection Clauses of the U.S. Constitution. Neitherprovision, in its current state, is concrete enough to uphold the Violence Against Women Act, no matter how much Congress may want it to. Federalism, the foundation of the Constitution, is supposed to limit the power of Congress in order to safeguard against centralized government. Historically, the Supreme Court has been liberal in many of its constitutional interpretations allowing Congress to legislate in arenas where it does not have expressed Constitutional , permission. The CommerceClause is by far the most cited example of Congress implied powers. But the 1995 United States v. Lopez decision demanded that Congress show a "substantial affect" on interstate commerce before it may legislate under the commerce clause. The link between gender motivated violence and interstate commerce is far too attenuated to pass Lopez's "substantially affects" test. The Equal Protection question is somewhat more complicated. Expressed in the language of the 14th amendment is that "no State shall" abridge the right to equal protection of its laws. But the Violence Against Women Act is not remedial of implicit State action. Instead, it is a civil cause of action under which suit can be brought against private gender motivated criminals. The Supreme Court will have to determinewhether, as Congress claims, State inaction in enforcing its rape and domestic violence laws is tantamount to an affirmative action by the States to abridge equal protection rights. Congress will also run into the same problems it faced in 1997 when the Supreme Court struck down the Religious Freedom and Restoration Act in the. City of Boerne v. Flores decision. Congress does not have the authority to create new substantive rights under the Equal Protection clause. Despite that warning from the City of Boerne decision, Congress has created through the Violence Against Women Act the right to be free from gender motivatedviolence. While this may in fact be a natural right, it is not necessarily a Constitutional right. No one would deny that violence against women in the United States is a problem needing resolution. But the Constitutional provisions that Congress has relied on to create the Violence Against Women Act leave the law with too many holes for it to be effective. Congress is appropriately constrained by the Constitution in ways that the States are not. State passage and enforcement of laws contending with violence against women are a far more effective vehicle for progress in the arena of gender motivated violence than are Congressional actions to legislate. 1, studentshere are beginning theirthird month of study. Before we send ourselves into a coffee-induced stupor outliningand preparing for final exams, we need to keep our hands out of the sand long enough to take part in that great Amwerican institution. Election Day. Believe it or not, the polls open tomorrow, and those registered can help fill several local town and county offices. Locally, six State Supreme Court seals are also up for election. Also on the ballot in New York is an amendment to, as officials paperwork stales, "authorize the chiefadministrator ofthe courts to assign temporarily a judge ofa city court outside New York City to the county court, the family court odresponsibility to David Allen '01 vote knowledgably and thoughtfully. Next year you can go back to doing what we tell The Violence Against Women Act is a reasonable response to an ongoing and horrid problem gender-based violence against women. Despite the Chicken Little-esque you. warnings of a government overstepping its boundaries, the Supreme Court shoulddo the Last week, while we weren 't looking, the House ofRepresentatives passed legis- right thing and reverse the Court of Appeals Fourth Circuit's irresponsible ruling thatthe lation that would penalize doctors who assist in suicides byprescribing lethal drugs to Act exceeds Congress' power. theirpatients wishing to die. The measure wouldoverride Oregon !v "Death with DigIn ruling that that the Act exceeds Congress' power under both the Commerce Clause and the Commerce Clause, the Fourth Circuit paid blind homage to the United nity Act. " We don 'I want to gel into the issue ofpatients'rights, or of legalized suicide. But States v. Lopez, in which the Supreme Court struck down the Gun-Free School Zones doctors should not be involved. They arc healers by trade, and it is easy to see the Act (SFGZA), legislation making it a federal offense to knowingly possess a firearm in decision to either heal or kill be tainted by 100 many political or financial factors. a school zone. According to Lopez, an act must have a substantial effect on commerce, and not push the limits of Congressional authority. Unlike the GFSZA. ("Gee, the insurance doesn 't covcer this, Bob. What do you recommend?") As one unnamed member of the staffhere put it, as long as Ihere'ti a Mafia, docA four-year study by the U.S. Congress showed that in 1991, at least 1.1 million should leave the reported assaults, including aggravated assaults, rapes and murders, were committed tors killing to professionals. against women in their homes. The same study found that violence was the leading ••« We want tl} acknowledge and encourage several UB Law School students who cause of death in women age 15-44. Such violence much gender-based directly afattended the National Association of Public Interest Law Conference in Washington, fects interstate commerce, by restricting movement, increasing health expenditures and D.C. this past weekend. A dozen members of the school's Buffalo Public InterestLaw reducing consumer spending. While the Fourth Circuit looked at Brzonkala and saw Lopez, two even closer Program received funding from the group to attend the conference, while several more cases were Katzenhach v. McClung. and the Heart of Atlanta Motel v. United States. In attended on their own. According to BPILP leader Joanne Kubiniec, the conference would expose stu- those cases, the top court ruled that banning blacks from restaurants and motels provided dents to potential employers, and possible areas of employment. The event was to in- an artificial restriction on the market and interfered with the flow of merchandice, as clude "table talksessions" with employers, discussion panels, and the opportunity for well as discouraged travel., attendees to pass out their resumes. Congress was also well within its Fourteenth Amendment powere to enact the VAWA. The enforcement power granted under the Fourteenth Amendment conveys the It was disappointing to see the lack of student participation during the recent same broad powers as the "necessary and proper clause." Within limits, Congress is Sisters In Law conference hosted by the school. While free time is at a premium, espepermitted exercise its discretion to determine what legislation is needed to secure the cially at this point in the semester, we can V forget that classwork is only the beginning Amendment's guarantees, as spelled out in both Katzenbach v. Morgan and City ofBoerne of our education here. The conference, like the dozens of extracurricular activities, v. Flores. In enacting the Act, Congress has met all of the requirements and tests to meet the visiting speakers and competitions here provide experiences and educational experibe Commerce Clause and the Fourteenth Amendment, as set forth time and time again by ences that can't be pulled from Lexis or Westlaw. While the experience might not the Bar it that make us the exam, will add a perspective tested on all better attorneys Supreme Court and backed by countless District Court cases. The Fourth Circuit was will when we do begin practice. wrong. The Supreme Court should correct the mistake. Ay oftoday, Nov. Act Is Constitutional - *** - - *** - �November 1,1999 THE OPINION 3 EDITORIAL Bar Nights Soon To Be Thing Of The Past By Peter Dewind '00 ... And Just Ice for A 11... The state has been abuzz with speculation about the new alcohol regulations. College students are concerned that they will no longer be able to engage in the time honored marathon called the 'pub crawl.The concern doesn't stop there, however, as those who tend the engine of collegiate inebriation,are unsure of how far they may go to bring in the customers. The questions arise from a recent addition to the New York State AlcoholicBeverage Control Law. The acknowledged aimof the law was to prevent college students from drinking themselves stupid for one convenient low price which was inevitably paid while sober. The Senate figured that if a student had to pay as much for the fifth beer as the first, the fiscal realities of student life might be enough to put on the brakes. At the very least, the incentive to drink quickly and plentifully would be removed if timesensitive keg offers were ensees, shall: prohibited. "It doesn't apply to us though, right?!?" Granted, every law student in O'Brian Hall is a mature, adult individual. Also granted is that we raise a lot of money for organizations from the regular Thursday drinking events. I'll even concede that at times the room is 'rented' for our arguably private pur- poses. However, the reality of the matter is that the law clearly addresses our situation. Under the new section 117-a of the Alcohol Beverage Control Law, the pay one price bar night is a thing of the past. "You 1ie..." I wish it were not true, however, since we are all students of the law to some degree or another, here is the actual statute. I invite you to reach your own conclusion. Section 117-a. Unlimited drink offerings prohibited. 1. No licensee, acting individually or in conjunction with one or more lie- Up to the Task or Getting Peter DeWind '00 Elevation Constructors #14 contends that union labor should be modifying the law school elevators.The non-union firm doing the work insists that their workers are as well paid and trained as those from the union. Students contend their spirits are not lifted by the continuing elevator shutdowns. The State University system has been improving it's facilities in order to comply with the Americans withDisabilities Act. This has included modifying elevators to ensure they are accessible to the physically handicapped. When the elevators at O'BrianHall came up for alteration, the contract was bid out by the State University Construction Fund in Albany. The Downy-Goodlein Elevator Company was the final recipient of the SUNY at Buffalo elevator contract which included O'Brian Hall. The company is based in Rochester and is a non-union shop. Elevation Constructors #14 is a local union representing people who work on elevators. Its members have been sporadically picketing outsideof O'Brian Hall for the past several weeks. They are protesting the fact thatthe ADA modifications are being done by a non-union, out of town company. Dennis Nelson, Presidentof #14, expressed concern for the pay, safety and training ofthe workers. Union workers are must be certified to prove they have the necessary expertise to become elevator mechanics. Each step in the union hierarchy has a pay scale associated with it. The union is concerned thatthe nonunion mechanics and helpers may not have been adequately trained and, thus, may be putting themselves and coworkers at.risk. Additionally, there is concern that all of the workers may not be receiving the adequate pay required under the prevailing wage rule. The prevailing wage rule requires thatall non-unionworkers on this state job must receive the same amount that a unionized employee would be paid. A 'helper' who has not yet achieved 'mechanic' status is paid 70% of a mechanic's salary. The union is concerned that nonunion helpers may not all be receiving this prevailing wage. In support ofthis allegation they point out the fact that DownyGoodlein's workers must be paid extra to drive in from Rochester each day. Union members postulate that it should be impossible to have had the lowest contract bid when this additional expense is added in. The union has asked the state for proof that all employees are being adequately paid but has not yet received it. They contend that at times workers are not in fact paid what the company claims it is paying when filing the required disclosure forms with the state. Downy-Goodlein Elevator states that these allegations are unfounded. Their workers may be paid less than union workers on other jobs, however, they assert that they are paid the prevailing union wage when required to do so. The fact that they had the lowest bid was said not to be a result of their wages. Rather, it was said to have been a result of the fact that only one local company bid on the job. Downy-Goodlein claims it was specifically asked to bid on this job in as a result of the work they had done on other campuses. Downy-Goodlein was a union shop at one time.They stopped dealing with the union in part because union policies and practices were a hindrance to business. One example cited was the rotating parade of workers the union sent out to job sites. As time went on, elevators came to rely upon computerized controls. However, theunion state members were said to occasionally be un- means and includes the licensee, and any or agents ofsuch licensee. 3. With respect to an individual licensee, this section shall not apply to private functions not opened to the public, such as weddings, banquets, or receptions, or other similarfunctions, or to a package offood and beverages priced at one hundred dollars or more perperson. 4. The authority shall investigate any documentedallegation ofa violation ofthis section upon a complaint by any person. 5. The authority shall promulgate rules andregulations necessary to implement the provisions ofthis section. offer, sell, serve, or deliver to any employees, person or persons an unlimited number of drinks during any set period oflime for a fixedprice. allow a person, agent, party organizer, orpromoter, as such terms shall be defined by the authority in rule and regulation, to offer, sell, serve, or deliver to any person or persons ah unlimited number of drinks during any set period oftimefor a fixed price. Advertise, promote, or charge a price for drinks that in the judgment of the uutiwrily creates an offering of alcoholic beverages in violation of thepurposes and intent ofthis section, or which in the judgment ofthe authority is an attempt to circumvent the intent and purposes of this section, such as offerings offree drinks, or multiple drinks for free or for the price of a single drink or for such a minor amount that in the judgment of the authority the pricing would constitute an attempt to circumvent the intent andpurposes of this section. 2. As used in this section, licensee ... Oh, I see Those rules and regulations have not been 'promulgated' and, thus, it remains to be seen what will become of student functions such as ours. In light of the clear intent to prevent one price drinkdeals of any sort the present course ofaction seems fairly clear. Come November 24, 1999, we must change the way bar nights are operated. UEDNPISALOVTCONTRACT R the Shaft? cooperative in working on the new technology hinting at a lack of current training. While Downy-Goodlein's workers do not have the same accreditation as the union's, it is required to be certified by Monroe County. Most of the larger counties in the state require elevator workers to prove their competency. Downy-Goodlein admitted this could leave a gap in small counties which do not have such requirements. However, they pointed out that it would be virtually impossible for a company with uncertified employees to get insurance. While several law students had no idea of what the picket was about, all were concerned with the continuing lack of adequate elevator access to the upper floors. The time one must wait for an elevator has increased dramatically. This is largely due to the fact that half of the school's elevators are off line at any given time while the modification work is carried out. Some studentsblamed the problem on those who tie up the elevator to ascend one or two floors. Others have blamed the school's overly vertical design for the elevator tie ups. One student who needs the elevator move between even a single floor complained about the lack of consideration among fellow students whocrowd intothe single elevator and leave no room for those handicapped students for whosebenefit the elevators are being repaired. The O'Brian Hall ADA elevator modifications include: lowering the hallway call buttons and moving them to the pillar between the elevators. This ensures they may be easily reached by people in wheel chairs. lowering the control panel inside the elevator. This also facilitates wheelchair use. installing a device which dings as each floor is passed. This gives the visually impaired an auditory clue as to where the elevator is at any given time. - - - Jessup Moot Court announces regional team The Phillip C. Jessup International Moot Court Board recently held its 1999 Intramural Competition, and announced its 2000 Regional Team. Team members include the following: Anita Butera Brendan Kelleher Elizabeth Carlson JenniferFields Alternate: Francisco Ayala The board also named the following associate board members: B.C. Dolmo Jennifer Farrell Alex Guiterrez Darius Keyhani Claire Lubiner Lori Robb �THE OPINION 4 Movie Reviews COMINGUP Erma Jaeckle to Receive Jaeckle Award By Jared Garlipp '00 Law .students are encouraged to join the festivities when Erma HaJlett Jaeckle is presented with the 1999 Jaeckle Award, the highest honor givenby the University at Baffato Law School and its Law Ahinini Association, at a luncheon ai 12 30 p.m. on Saturday* Nov. 6th ia the Hyatt Regency Buffalo. The hm 50 Jaw .stndeats who sign up m the alnmni office (Room 312) are »av»red to attend. Included Is the morning cducatwnal program, all writtea materials, breakfast and the Jaeckie I|||| Award luncheon. "The members o< the Law A}uroni Association and >onjf of the taw h«m are happy k> subsidize the students because ihey feet it ts important for themto become Integrated into the larger Law School family. " says .Assistant Dean Ikne Fteischmann. "Jt is a wonderfal networking opportunity. I hope many students will take advantage and sign up," she says. Mis. Jaeckk. a 1936iaw graduate, will receive the award following the Law School's 24th annual alamni convocation. The annual award, namedfor her late husband, Edwin F. Jaeckle. a 1915 graduate of the UB Law School, is presented to an individual who ha* distinguished himself or herself and made significant contributions to the law school and the legal protesMoo. She is the second woman to receive the award. Mrs. Jaeckle enjoyed an impressive 44-year legal career two states. New York and Florida, as aa attorney in the priin vate and corporatesectors. In 1977, she and her husband made a joiat. major gift to the Law School that resulted in the oreattoa of the Edwin F. Wv.kle Ceatef for State and Locat Government. In 1994,two years after B&mu Ifcx&tedM Mr* &#*& fvcontitrmid her conviction tnat "h is imperative n> attract honest, bright individuals u> public semee and to train tbem better to serve government," and divided to enhance and expand the multiple initiative, of the Center The major expansion wa> her proposal fox anewexterns-nip corns* thataeodsstudenlsioto (he community to work in a variety of assignments. Tl»e program lias been widely praised by students, agencies and community leaders, with over 200 studwtl.s h,i\ nj£ provided .sen ices jo hwic thun sixty different government agencies U\ date. Forum Continues FiIPrssuesislonm There are three film* lelt in the Prison issues Full 1 oium early December. The following tilms series, which tuns through November 4, SUro • The story of a DC gbetto victim who uses poetry as a means of relief from the chaos and violence surtoundiog him. Out oo baU, preaches a message of nonviolence k> those around him. During his trial, he ponders whether to agree to a plea bargain, rat oo bis friends in return for oo jail time, at pkad not guilty and r»sk a iO-veat jail seim-iur lie eventually discovers thai freedom t$ a slate of rutnd, not a stale of the body Noverubei )><, Elayne RappjogonTahlokJOinie Shows • Professor Rapping, a tne<fiaexpett in the Department i.| W.nn n s S«udtcii- will discuss the shili in niedia repfesentalions of crime **• IVJ I'llilJNlltijVill ill \fIw ■ IIU wl Ii 11 vlll IwUl* "*N4 i\ Iv* 1 The Student B<ir Association and the Dental Bar Assi»cia- body. The film "Breakfast of Champions," while not an entirely faithful adaptation of the book, suc- ceeds admirably in capturing the spirit and the humor of the work. I really enjoyed this movie. The cast is top-notch. Bruce Willis is surprisingly effective as the protagonist car dealer Dwayne Hoover. The film follows Hoover's gradual descent into madness surrounded by an increasing proliferation of bizarre and interesting characters. Nick Nolte gives a notable performance as Hoover's lecherous assistant whose name escapes me at the moment. I also particularly enjoyed Albert Finney's portrayal of the decrepit science fiction writer Kilgore Trout, a recurring character in most of Vonnegut's early novels. Notable cameos include Omar Epps as the ex-con wanna-be car dealer Wayne Hoobler and Lukas Haas as Dwayne's gay lounge singer son, Bunny Hoover. Vonnegut himself has a small role in one scene, but if you blink you might miss it. This is a very funny movie, at times a very touching movie. It is also visually interesting, with some impressive special effects. Every Vonnegut fan owes it to his or herself to check this movie out. I must admit, I have no idea what a person who is not familiar with the novel upon which it is based, or Vonnegut in general, would make of the film. The plat, such as it is, might be difficult to follow. If you're in the mood for some bizarre entertainment, or just want to see some big-time Holly wood actors in some non-traditional roles, this film should fit the bill nicely. Currently playing at Eastern Hills Cinema and (possibly) the North Park Theater. This is the first new film from director Martin Scorsese since "Casino" some years back, and represents something of a departure from his work of recent years. Old Scorsese standbys such as Robert DeNiro, Joe Pesci, and Harvey Keitel are nowhere to be found. Instead, the film stars Nicholas Cage, Patricia Arquette, John Goodman, and Ving Donations Still Accepted For Fire Victims tion recently hosted an unofficial mixer to raise money to assist the victims. Donations are still teing accepted; tuntjct wither student organization or Prof. Melinda Saran, Acting Associate Dean for Student Services. This is an adaptation of thenovel of the same name by famed author Kurt Vonnegut. As a longtime fan of Vonnegut, I went into this movie not really knowing what to expect. Generally speaking, books by this author do not translate well into other media. Until now, possibly the only remotely watchable adaptation of a Vonnegut work to hit the large or small screen was the film "Slaughterhouse Five," made at least 25 years ago, and that was far from a great film. Anyone familiar with thesebooks would have to concede that, if anything, Breakfast of Champions would be harder to makeinto a movie than Slaughterhouse Five. Much of the book consists of the author's personal reflections on various and sundry topics, accompanied by his own crude stick-figure drawings. The plot, which concerns a middle-aged car dealer having a nervous breakdown, is at times ancilliary. That said, it is one of Vonnegut's finest worksand should be read by any- the Dead furer Ed Steinfeld - The documentary of Eastern State penitentiary gives a detailed history of the prison, from its initial practice ot total solitary confinement to its replacement into an overcrowded 'big Iwuse* to its replacement with a modern facility id 1970. Stemfeld, from the Department of Architecture and Planning, will lead a discussion on the influence of prison architecture in controlling privacy. Ail presentations will begin at 4 p.m. UM O" Bncn Hall.. Two UB Law students and a deulai student arc icceiving h<; Ip from the cutkge community after tlieir house burned down last month. In rnitl-NovernbeT, a hous« slurcd by tltti Jhree graduate sludtniN burned down., the students lo.st nt-aity all of Iheir pos- Breakfast of Champions Bringing Out vision series, such as COPS, America's Most Wanted and the HBO prison Series Oz. November 1,1999 Rhames. Cage portrays a paramedic working the graveyard shift in Manhattan on the verge of a mental breakdown. The source of his stress is his apparent frustration at his inability to save the life of a certain young girl, whose face he sees everywhere. The film follows Cage's character over the course of three nights on the job, riding in an ambulance around the city responding to distress calls. Each night he is paired with a different partner. Arquette portrays the daughter of a heart attack victim Cage's character takes to the hospital, with whom he forms a bond. The acting is generally good. Cage brings a real sense of anguish and frustration to his role, aided by the fact that he manages to look really haggard and worn out. Goodmanand Rhames, portraying two of the other paramedics, are excellent as well. Many of the other minor characters, mostly played by relative unknowns, are also interesting and really round out the case. Arquette, however, has a vacant quality and hercharacter comes across as somewhat lethargic. Technically, the film is near-perfect. The cinematography is excellent. Manhattan at night comes off as dark and gritty, and more than a little frightening, and the scenes at the hospital emergency room make TV's "ER" look like "General Hospital." This is just a beautiful film to look at. What I enjoyed the most, however, and this is generally the case with any Scorsese picture, was the soundtrack. Scorsese has an encyclopedic knowledge of popular music and has always had a knack for choosing precisely the right song to complement a scene. This was evident as early in his career as "Mean Streets," and this movie is no exception. Generally, I'd give this movie a reversed "thumbs up." The film has been compared to "Taxi Driver", and I feel this is somewhat of an overstatement. "Taxi Driver" is one of the true classics of modernAmerican cinema; a masterpiece. "Bringing Out the Dead" does not remotely rise to that level. While there are similarities, if you go into this picture expecting it to be as good as "Taxi Driver," you're bound to be disappointed. It is a good movie however, certainly better than 90% of what's out there playing right now, and I'd particularly recommend it if you're a fan ofScorsese's Caligula What can I say? A movie like no other. Part serious, if somewhat boring, quasi-Shakespearean historical drama, part sleazy skin flick. Undoubtably the most lavish and expensive skin flick ever made. This film was originally released 20 years ago, and caused quite a scandal at that time possibly the most memorable attempt to 'mainstream' the adult film genre. The producer, Bob Guccione of "Penthouse" publishing fame, really sunk some cash into this. This film is worth seeing, if only as a curiosity. It purports to tell the story of the mad young Roman Emperor Caligula, portrayed by Malcolm McDowell of "A Clockwork Orange" fame. Italso stars Peter O'Toole and Helen Mirren. While some attempt is made at an actual plot, the real draw here is the explicit and gratuitous sex. There are also some fairly graphic violent sequences. Despite its flaws, one gets the sense that this movie possibly portrays the decadence of ancient Rome more accurately than any other. Currently playing at the Angelika Film Center. Check it out while you have the chance. — Rochester Alumni Association renewed ■ The University at Buffalo Law School recently held a luncheon to celebrate the renewal of the Rochester Chapter of the school's Alumni Association. The school also used the event to honor Rochester-area alumni who have achieved distinction in public office. Honored during the Oct. 13 meeting was John J. Callahan '54, Appellate Division justice; M. Dolores Denmen '65, presiding justice, Appellate Division; Samuel L. Green '67, Appellate Division justice; John D. Doyle '68, Monroe County Executive; Howard R. Relin '68, Monroe County district attorney; John J. Ark '72, New York State Supreme Court justice. Also, Eugene F. Pigott, Jr. '73, Appellate Division justice; Thomas M. VanStrysonck '73, New York State Supreme Court justice; Ann Marie Taddeo '75, Monroe County Family Court judge; Dennis F. Bender '77, Seneca County Court Judge; R. Michael Tantillo '77, Ontario County district Attorney; Anne E. Pfeiffer '79, Rochester City Court judge; and Gail A. Donofrio '85, Monroe County Family Court judge. � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Opinion, 1999-11-01 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. The Opinion no. 2 01.11.1999 Date Issued Date of formal issuance (e.g., publication) of the resource. 11/1/1999 Bibliographic Citation A bibliographic reference for the resource. Recommended practice is to include sufficient bibliographic detail to identify the resource as unambiguously as possible. 51 2 Publisher An entity responsible for making the resource available University of Buffalo State University of New York at Buffalo Law School Language A language of the resource eng Type The nature or genre of the resource Newspapers Text Is Part Of A related resource in which the described resource is physically or logically included. LIB-LAW003 Rights Information about rights held in and over the resource <a href="https://rightsstatements.org/page/CNE/1.0/">COPYRIGHT NOT EVALUATED</a>. The copyright and related rights status of this Item has not been evaluated. Please refer to the organization that has made the Item available for more information. You are free to use this Item in any way that is permitted by the copyright and related rights legislation that applies to your use. This digital collection is made available for research and educational purposes. Researchers are responsible for determining copyright status, and securing permissions for use and publication of any material. Copyright for items in this collection may be held by the creators, their heirs, or assigns. Researchers are required to obtain written permission from copyright holders and the University Archives prior to reproducing or publishing materials, including images and quotations. For inquiries about reproduction requests and permissions, please contact the <a href="http://library.buffalo.edu/archives/">University Archives</a>. If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/f0083a8fb50fc4240b4de7926c134f1e.pdf f108de2b61ada9ad014cc38d20f0494e PDF Text Text Vol. 51, Issue #1 THEOPINION STATE UNIVERSITY OF NEW YORK ATBUFFALO SCHOOL OF LAW OCTOBER 18, 1999 Competition warms up for Desmond by Peter Dewind '00 The Charles S. Desmond Moot Court Competition officially got underway as competitors began picking up their problem packets in late September.. The yearly event presents students with the oportunity to test their appellate skills against those of their classmates. The competition is open to all 2Ls and 3Ls who have not participated previously. The Desmond competition allows students to argue a real case through the appeals process. Competitors begin by choosing whether they will represent the appellants or appellees in the action. They then write formal appellate briefs supporting their arguments. The competition is 'closed' in that the positions may only be supported by cases contained in the problem packet. The competition proceeds as teams spend three consecutive evenings in late October arguing their points before live panels of judges and attorneys from the community. This year's question stems from an event which occurred at the Virginia Polytechnic Institute (VPI). Christy Brzonkala alleged that in the fall of 1994 she had been raped three times in her college dormitory by two football players she had met only minutes before. Though she did not immediately report these events, she eventually filed a complaint with the campus authorities. VPI suspended the perpetrators while Ms. Brzonkala dropped out of school and waited for VPI to prosecute. Initially, VPI found one of the men, Morrison, guilty of sexual assault and suspended him. Crawford, the other football player, received no sanction as he had cooperated with the school's investigation. When Morrison threatened to sue, however, VPI held a new hearing. Morrison was finally only found guilty ofusing abusive language. Morrison was later allowed to return to school on a full athletic scholarship. Ms. Brzonkala later filed a claim against Morrison under the Violence Against Women Act (42 U.S.C. § 13981). Brian McGrath demonstrates his skills during the 1998 competition's final round. This act had been passed by Congress under the authority of the Commerce Clause and the 14th Amendment. The U. S. District Court of Virginia granted Morrison's motion to dismiss. Appeal was heard by the 4th Circuit which agreed with the District court's finding that Ms. Brzonkala did have a validclaim under the act. However, both courts determined that Congress exceeded its authority when it gave victims of gender motivated violence a private cause of action against their attackers. The 4th Circuit also determined the 14th Amendment did not authorize Congress to create a private cause of action. This provision was what allowed Ms. Brzonkala to personally sue her attacker. The court determinedthat the 14thAmendment was designed to restrict state actions. Thus, it could not be used to regulate purely private conduct such as an act of violence against women. There had been no showing that states were impermissibly violat- The Violence Against Women Act had been supported by both the Commerce Clause and the equal protection clause of the 14th Amendment. The 4th Circuit found that gender motivated violence against women does not have a nexus with an economic activity which 'substantially affects' interstate commerce. In so doing, the Court followed a line ofreasoning from recent Supreme Court cases constraining the reach of the commerce clause. The result was that the 4th Circuit concluded that the act was not authorized by the Com- ing women's Constitutional right to equal protection. Further, the private cause of action did not address any unequal protection by the state, rather, it addressed a perpetrator's purely private act. The Supreme Court recently granted certiorari in this case and is expected to determinethis issue during the term beginning October 4th. Thus, this year's Desmond competitors will have the rare opportunity to argue a case at the same time that the Supreme Court will be determining that very issue. The competition will Student Bar Association debates fund transfer The UBLaw Student BarAssociation is discussing where to place $1,500 of unused funds. At the board's Sept. 30 meeting, its first of the year, SBA leaders tabled a motion to move $1,500 from its Student Assistant fund to a separate fund. The board, which had budgeted $2,500 to hire a student assistant, eventually hired an assistant for $1,000. The motion was tabled after third-year representative Betsey Snyder proposed moving the money to the SBA's general start-up line, rather than the social line as originally proposed. By a 14-1-4 vote, the discussion was put off until a later meeting to give incoming board time to study the issue. merce Clause. *Barrister's Ball: Mary Snyder, Jill Skretny, Betsey Snyder and Gabe DiMaio. * Golf Committee: Vince Gregory. * Constitutional Revision: Danita Mendez, Scott Whitbeck, Emilio Coliacovo and Melissa Freeman. *Social: Dave Polak, Shannon Fuhrman, Jill Skretny, Matt Klein and Allison Porcella. *SK: Sheri Crosby. *Building: Matt Klein and Greg Grizopolous. *Community Service: Gabe DiMaio, Sheri Crosby and Allison Porcella. *Academic Services; Shannon Fuhrman. proceed in the next few weeks with competitors filing letters of intent to represent a particular side and preparing their briefs in two person teams. Each team will then be assigned a moot court board member as a coach and will file their briefs by 5 PM on October 13th. Oral arguments are set to begin on October 18th. Each team will argue at least three times, and must switch sides to argue the opposing position on at least one ofthe evenings. Judges will score the presentation on such factors as the ability to answer the panel's questions. The eight teams with the highest scores will be selected to proceed to final rounds, to be held at the old Erie County Hall in Buffalo. Two clerks also are present at each of the matches between two opposing teams. These are usually lL's who get the chance to see the format of the competition first hand. Clerks read the preliminary instructions, serve as bailiffs in calling the court to order, and act as the competition's official timekeepers. WNY Women's Bar Association installs officers The Western New York Chapter of sistant Executive Editor of the Buffalo the Women's Bar Association of the State Law Review. She served as the of New York installed its officers and di- WBASNY's President-Elect last year, and rectors at its annual installation dinner Sep- has servedas a state delegate. She was also named the organization's Doris S. tember 16. New WBASN V officers for the com- Hoffman Outstanding New Lawyer of the ing year include President Joy C. Trotter, Year in 1998.. President Elect Deborah J. Mulbauer, TreaLana Benatovich was honored as resurer Jill K. Bond, Deputy Treasurer cipient of the organization's 1999 Suzanne K. Taylor, Secretary Monica J. Eagan, State Delegates Sheri L. Keeling, Deborah J. Muhlbauer and Melinda R. Saran and Local Directors Holly Baum, Melissa Hancock Nickson and Shari Jo Reich. Trotter, a 1994 graduate of the SUNY University at Buffalo School of Law, is an Assistant Corporation Counsel for the City of Buffalo, where she was As- President's Award. Benatovich is the Executive Director of the National Conference for Community and Justice, Inc., and has devoted her life to eradicating prejudice through education. She is a current Advisory Board member of the Buffalo Urban League, Martin Luther King Commission Celebration Committee and a member of the Board of Trustees of the (continued on page 3) �October 18, 1999 THE OPINION 2 The Opinion Co-Editors in Chief: Peter DeWind & Dave Allen Managing Editor: Jared Garlipp News Editor: Kevin Hsi Staff Reporter: Peter Nicely Open Positions: Op/Ed Editor; Layout and Graphics Editor; Business Manager; Web Editor; Photographer; Reporters; Columnists. The Opinion, SUNY at Buffalo Amhcrst campus, 7 JohnLord O'Brian Hall, Buffalo, New York 14260, (716) 645-2147, is published bi-weekly throughout the Fall and Spring Semesters. The Opinion is the student newspaper of the State University of New York School of Law. Copyright 1999 by the Opinion, SBA. Any reproduction of materials herein is strictly prohibited without the express consent of the Editor-in-Chief and piece writer. Deadline for all submissions is SPM on the Wednesday preceding publication. Later submissions may be accepted at the sole discretion of the editors. Submissions may be submitted at the Opinion offices, sent by mail to the above address, or placed in the Opinion mailbox located in the SBAoffice vestibule. Submissions should be saved on 3.5" disks in either IBM or Macintosh format as either a CorelWordperfect or MicrosoftWord file and be accompanied by a printed copy. Disks labeled with a Lockwood mailbox number will be returned. Letter to the Editor Policy: while the Opinion will not print libelous or anonymous material, all submissions shall be printed entirely and exactly,provided they are signed submissions from a member of the UB Law community (students, faculty, staff, alumni). Submissions will not be edited without the author's consent. The Opinion in no way endorses the viewpoints of its various columnists and contributors. Commentary My 'Pinochet' Question by Kevin Hsi '00 "Fire away," George Bush said jovially at the end of his speech in reference to the start of the question and answer period. Of the two dozen or more people who lined up by the microphones, nine of us got a chance to do so. However, none of the local media covering the event were in those lines. Prior to the start of Bush's speech, a local reporter told me that the regular news media were specifically excluded from asking Bush any questions while he was on the U.B. campus. Conse- quently, when Bush told the audience at the start of the speech, "if I don't like your question, then to hell with you," it looks like he wasn't kidding. The fact that many in the audience chose to applaud the speaker's request for them to censor themselves raises many disturbing issues regardless of how many Bush partisans were there. Nonetheless, I kept in mind what one of the news reporters said after informing me that they could not ask Bush any questions themselves: "Ask him a good one." I then told the reporter that, "I'll try to do so." Consequently, I decided to ask Bush a question about his controversial but mostly unknown view on the legal battle surrounding the arrest of Augusto Pinochet, the former dictator of Chile. Of the six people who came before me, it was clear that Bush did not have any trouble answering their questions. With the exception of an older man in the audience who demanded to know why Bush didn't allow the U.S. forces to march into Baghdad during the Gulf War, the rest of the questions were friendly and soft to the point of irrelevance. For example, one student asked for Bush's view on the U.S. team's controversial behavior after it won the Ryder Cup golf tournament in Europe the week before. Other questions were noticeably partisan. In fact, the first speaker, a middle-aged schoolteacher, was so drawn-out in her praise of Bush for (supposedly) bringing "decency" to the presi- dency that even he had to ask her if she really had a question to ask him (she didn't). Likewise, a student asked Bush whether or not he wanted to be on the Su- preme Court "once your son wins the presidency." Bush responded by saying that he wasn't interested because "I'm not into politics anymore" and "I am not a lawyer." Bush then addedanother reason he was not interested in the position was because "I am not particularly enthralled with lawyers" a line which drew a fair amount of applause from the audience. Finally, a teenager who spoke right before me asked Bush, "if there was one thing that you wanted me to remember you by, what would it be?" Bush responded, "I hope (that) it would be said: 'He served with honor.'" Bush added that he would like that phrase to be his "epitaph" and that - he was "confident that the historians would say that" about him regardless of any mistakes that he may have made as president. It was then my turn to ask Bush a question. Although there were many things I wanted to ask him that night, I knew that I only had time for one. My question to George Bush then went something like this: "I'm not a lawyer, but I am a law student here at this law school, U.B. law school, and I am studying international human rights. I have this question that 1 really want to ask you on this subject and I hope you will answer it because it deals with one of those 'incorrigible dictators' that you were presumably referring to earlier in your speech and it involves something that happened while you were the head of the CIA at the time. As you probably know, Augusto Pinochet, the dictator of Chile, was arrested last year in London, England in October because a judge in Spain wants to try him for many human rights violations that he had committed against the people of Spain in Chile as well as the people of Chile. For example, there was also an opponent of the Pinochet regime and an American as well who were (continued on page 4) Editorial The More the Merrier Hi. This is the Opinion, newspaper of the SUNY Buffalo School of Law. Yes, just like several other law schools, we do have our own newspaper. In fad, we have had one for 50 years now. For those ofyou whoremember the banner 50th year, sorry, thepaper simply ran out ofmoney. For those who don't, or have chosen to forget, it was the newsprint thing which appeared in your mailbox duringthe fall semester last year. Yeali, you remember now, that thing you read in Perspectives class between paying your bills and taking a nap. Where it's at Well, we're finally back up and running. Dave and Pete have finished brawling and are now trying to bring the old IBM back intofighting shape after last semester's unexpected hiatus. All the new software has been installed and we're at last able to bring out the 1999-2000 volumes. Why? Pulling a paper together is, in a word, arduous. The layout alone ends up taking the better part ofa day. Don 'I get me wrong, no one's complaining. It !v what we agreed to do and we're glad to be involved. Then again, it's not like Dave wouldn't prefer spending some time with his family while Pete has a house in Binghamton in the midst of renovations. There are, however, reasons why everyone here is willing to forego some of theirfree time. The Opinion fulfills the obvious role of informing people of what is occurring. More than thai, however, it serves to foster communication in a school where people often do not see classmates for months and often never meet, much less know, people from other graduating classes. Perhaps it is a throwback to the idealism rooting of the original UB program, but, this sort of egalitarianism should be fostered. After all, the lack of a cohesive grading system was supposed to foster friendliness. There are of course, selfish reasons behind involvement as well. There is no denying that it's pretty cool to see one's work in print. Additionally, like the erstwhile editors, we would like to see the Opinion, and the student input it contains, receive the recognition it has not enjoyed for some lime. Where we've been We have subscriptions to other law school newspapers including such esteemed papers as Harvard's Record and NYU's Commentator. Year after year these schools receive accolades and recognition from the ABA. This includes recognition of both the newspaper content as a whole and the work of individual columnists and cartoonists. We used to be there 100. Looking upon the Opinion walls, one can see the plaques which evince a serious run of excellence back in the 80s. So what went wrong? Well, I've read the papers from our heyday, as well as the papers from these other winning schools, and can tellyou that the decisive factor is having a variety of contributors. These papers had lots ofpeople from different clubs and different viewpoints all putting in their two cents. Many will remember the alternative from the last few years. A handful ofpeople stuck writing page after page of material. A handful ofpeople portraying only a few perspectives week after week. Theformer possibility is much better. When everyone chips in, doing a little something for the paper at least once during their stay here, the result is belter quality, greater variety and a product which is actually worth reading. It is simply a matter of valuing this community to the point where making a small contribution offew hundred words is not that great of an expense. Nope, ain't gonna do it The Opinion is only as good as the submissions received. In the past few gradualing classes, it seems that only a few people have been interested in getting involved. When the material is all by the same two or three of the 650 students who attend here, the paper tends to be 'not so good.' This has happened in the past few years. To add insult, the same people who could not bother to help out in any fashion, proceeded to complain to the overworked editors of the time that the paper was not to their liking. This is a long way for community involvement to have fallen in a few short years. We have no intention to go through this ill-fated cycle again. No one here has any illusions that people want to spend yet another year reading the editorial staff rant on for six pages. Further, we have neither the time nor the inclination to stop going to classes just to Jill pages. Sadly, this has happened in the recent past as well, as a few brave individuals have simultaneously shouldered the roles of all seven editors, feature writer, reporter, editorial cartoonist, and columnist. With a gigantic shlupping sound //; the past few weeks, many people have expressed their belief that one has to be a staffmember to have somethingpublished. Others have statedthai they thought writing something down would mean they would he roped into being depended on week after week to help out. The editorial staffhere wants to stress that this is not the case. The Opinion Constitution hinds only certain individuals to regular servitude. Namely, the editorial staff. No one else here is bound to any sort of commitment. Those who chose to put in an article ofsome sort gel the credit for being a contributor. Those who put in more than one little article, gel the opportunity to consider themselves as 'Staff.' These people gel to include this on theirresumes as proofpositive of community involvement. Further, 'staff gel to hang out in our luxuriously appointed offices featuring a microwave, phone, couch, several nice computers and the mysterious mini fridge of fungus. All very civilized and all very innocuous. Who knows, we may even throw in a bigger coffee pot if sub board isfeeling generous this year. The skinny We hope to submit articles and issues to the ABA this year and hopefully will win some more plaques for outstanding, contributions. This will only happen if people help to make this paper the type ofwry observational instrument it once was. We've read the Harvard Record, which includes such topics whatAllyMcßeal did this week and where to gel good pizza. Someone among us must be able to lop this. We give you our word, if we can all do this, I promise that there will be no more stick figure cartoons. In any case, at least we 7/ all have something entertaining to read in Perspectives. �October 18,1999 THE OPINION 3 Carr Speaks on the Death Penalty and DNA Evidence By Peter Nicely '01 body wrongfully you can't correct any mistakes. Second yearlaw student Peter Nicely interviewed Professor Charles Carr on the criminal justice system in the United States. According to published reports, United States Justice Department statistics show that sixty-two wrongfully convicted individuals have been exonerated by DNA evidence in recent years. In addition, so far this year 76 individuals have been executed in this country. If this trend continues, we will execute more than KM) for the first time since 1951 when 105 people were executed. Carr did not agree that the DNA exonerations are casting undue doubt on the criminal justice system. In this country we would rather have some guilty people go free than have one innocent person be convicted. Our system is designed that way because we know that people make mistakes and people are running the system. That is one of the problems with the death penalty, he said once you execute some- In New York State alone there have been roughly 23 people executed in error. Carr thinks the practice should be discontinued because it indicates a misplaced expectation on the criminal justice system which in reality is not a perfect system. In the Metaphysics of Morals Immanuel Kant formulated an elaborate systematic retributive theory of justice whereby the punishment must equal the crime. But how is it possible, if it is possible at all, for convicted killers who apparently have little or no respect for human life(including his own) to pay equally with their own life for life of an innocent victim? The Professor said that it can't be possible. People are individual and unique and they are not fungible commodities. If people want to justify the death penalty they need to do so on some basis other than retribution. He said that some people think that killer will escape; but even if escape were a real possibility, it is outweighed by the the worst acts should be punished with the worst penalty, but the worst penalty is not necessarily death The Professor's favorite example is the case of Susan Smith, the woman convicted of drowning her own children several years ago. They didn't kill her and every day she has to sit there in that jail cell and remember what she did. To people who want an eye for an eye, Prof. Carr says that even if you want the punishment to fit the crime you should keep convicts alive because killing them justlet's them off the hook. Once they are executed, it's all over and they don't suffer any more. In response to a question on the deterrent value of the death penalty Professor Carr said that the states of Florida and Texas have applied the death penalty liberally but they don't boast oflowered murder rates. The death penalty has never been shown to reduce murder rates. As far as special deterrence is concerned, there is no reason to believe that any individual possibility of mistaken wrongful execution. Asked what kind of example state's to give the general public by killing people who commit crimes, Carr said that at least there is a risk that some people may get the wrong message. For example, he said that his own parents smoked. He said that when his parents told him not to smoke, he could not wait for a chance to smoke that was the first thing thathe wanted to do. The professor said that sometimes people learn from what you do instead of what you tell them to do. A personal note from the writer: I have never been in a lynch mob, but every time an execution occurs I feel tike I am one of many members in what is, in effect, a stale sponsored lynch mob. I challenge any ofmy fellow law students who have an ounce of courage to take the time to write about this or any otherpressing social matters and submit their ideas to the OPINION for publication. — WBASNY holds annual dinner UB attempting to computerize handwriting analysis (continued from page 1) Handwriting analysis could reach new levels in the near future, thanks to researchers at the University at Buffalo. Researchers at the school's Center of Excellence for Document Analysis and Recognition (CEDAR) were awarded a $428,000, 16-month grant from the National Institute of Justice to develop computer-assisted handwriting-analysis tools for forensic applications. The new tools could make it easier for law enforcement officials to identify writers of specific documents. "Our first focus in this project will be to establish on a scientific basis whether or not handwriting is truly individual. We will be asking 'is the handwriting of different individuals truly distinct,'" said Sargur Srihari, Ph.D., SUNY Distinguished professor in the UB Department of Computer Science and CEDAR director. At least one UB Law professor thinks that whatever the answer, traditional handwriting analysis methods may never be the same. "To me, it's a really positive development for the legal system, no matter how it comes out," said Professor Charles Ewing, who teaches criminal law at the school. CEDAR is the largest research center in the world devoted to developing new technologies that can recognize and read handwriting. Over the past 10 years, CEDAR developed and refined software now used by the U.S. postal Service to read and interpret up to 80 percent ofall handwritten addresses on envelopes. "Previously we were never interested in who the author was. The main focus of our Handwritten Address interpretation system was to say 'What is common or average about this handwritten address,' not 'What is special?' But with this project, we will be asking 'What is special about this?'" Efforts to analyze handwriting in criminal or civil cases have often involved obtaining samples of writing from potential suspects or witnesses and then comparing them with the writing in the document in question. A 1993 Supreme Court decision stated that in order for expert testimony to be admitted in court cases at any level, a scientific basis for that expertise must be proven through research and the peer-review process. However, Ewing said, the science is still very rudimentary. "It's more of an art form than science," he said. Ewing believes that any conclusive study will profoundly affect the admissibility of handwriting evidence. "This could prove to be groundbreaking or make it more difficult for handwriting and document evidence in court." He is also concerned that it could lead to too much weight being placed on handwritten evidence in court. "It could go either way. Or it could wind up with more research being needed." If the CEDAR does find a stronger scientific basis in handwriting identification, Ewing foresees the development of a national data base, similar to the government's current fingerprint data base. Network of Religious Communities and St. Bonaventure University. Carol Condon was honored as the recipient of the organization's 1999Achievement Award. She has served several years for WBASNY. She has served as the representative to the New York Chapter on the State Matrimonial Committee and on the Board of Directors; she was later elected to two terms as the statewide organizations Treasurer, and was the WNV Chapter President in 1995. She co-chaired the Chapter's Pro Bono Committee and was instrumental in the early development of the Lawyer's for Economic Progress project. She also served on the Chapter's Judiciary Committee, the Haven House Project, the Legislative Committee and the Board of Directors. Condon graduated from the SUNY University at Buffalo School of Law in 1982., . ~ ', w^:::: Bffiml ' /'■!■' "'i'v^^^^^X^ ,^^^^^^, wr^'-'"Xss**'' ',v' ' ' '■■ ■y--■'■'■■'"' '-iy': ': "-"'[- -[\ jJj 9/23 <I tr» i»i 11/18 J' I ,, '' QQQ mkmt, «mL»* --'■'^^*I_ ■.'.'----^γ--- eeeei iraocEif o*fn. Miptt Saeat X»e«turers i T.nnF ttt># .-M"" niiilia Bappi»g on • _; liWraHPMlii . a ,, ri . iJJD POw v �- <>-f'C"' ff-l^j �October 18,1999 THE OPINION 4 Bush Discusses the 'Pinochet Principle 9 COMING UP (continued from page 2) blown up and killed in Washington DC. while you were head of the CIA. Yet in April of 1999, you stated publicly thatthe attempt to extradite Pinochet, to have him tried in Spain, was quote, "a travesty of justice" and that Pinochet should be sent back home to Chile even though human rights groups say he has no chance of being tried there.Therefore, I want to ask you if you can elaborate on what human rights groups have called the Pinochet Principle and why you feel it's a "travesty of justice," even though Pinochet is one of those incorrigible dictators whokilled over 3,000 people in Chile and 100 Years of Women atUB Law Celebrated graduates with a special centennial conference, "Sisters m Law: A Century of Achievement at ÜB," to be held Oct. 21-22. The conference will recognize the many remarkable women who have contributed to the betterment of V Law S<bool comma aHy and the nation's iegaJ profession over the past century. T&e celebration will teaidre distinguished keynote speakws md panelists who will addtess kgal topics of impor* tancf to women Workshops will be held on topics tbai include workplace issue*, access lo health care, managing money and tig work and fam iJy, The keynote speaker will be Lorraine Dusky, an awardwinning journalist und author of Still Unequal: The Shitnk-ful Tiuth Abo»( Women and Justice irj America. A luncheon will salute women in Ihc judtctan and a dinner will honor ihe women who scive as trailblazers for the professtun. Registration is Si4s lOi (he conference, inucbeon and dinner and $100 toi conference and lunch. The fee for the luncheon is $25 mid $45 for dinner.Tables of 10 are also available. Students may attend the conference for free; lunch for students is S1? and dinner is $55. Registration deadline is Oct. 15. More Alumni Convocation, Jaeckei Award Dinner Nov. 6 The 24th Animal Alumoi Convocation and 1999 Jeackle Award Luncheon will he held Saturday, Noverobei 6. The Jaeckle Awatd, the highest honot tht- University at Buffalo Law Schonl and tin? Law Alumni Association <m besiow, will Ixs prwxMUtsd lo Ettn» HaUett Jaeckte, cJ«ss of 1936. U Tbv is gjveo aonually to an individual who has diaioguisht-d hirusd! or hers^Jt and has made s<'gBtfK*nt cootrii>titiotvs to ibe UnivftMiy at Buffalo and Ibe legal piofc-vsi'-n. Topicj tot prtMrntatiun a< the Convocation induJc jun innovation*., expedited and specialized case and , Cost of (he program , iSU for Aluium Aswt.idiii.iu mem- Law Alumni Office, 3 12 O'Brien Hail. Questions can be directed Dean llene Fleischniann ut 645-2107. to Assistant UB Law Gold Group, SBA Sponsor Halloween Happy Hour The UB Law Gold(Graduates Of the Uμ Decade; Group and the Student Bar Associalwn wjll horn a HaUowwn Happy hour Thursday, October 2H. The even! will be held M the Shebeen, 252 Delaware Avenue. Buffalo, from 5;30- 9p.m ll iwH include free finger foods and drinkspecials. Help Wanted: reporters photographers columnists web editor op/ed editor graphics editor business manager advertising manager Those intersted should call the Opinion at 645-2147 or stop by O'Brien Hall, Room 7. elsewhere, including Americans." From the way Bush looked at me during my question, it appeared that he was neither thrilled with my question nor did he expect it to be asked. Bush paused to think for a moment and then responded as such (roughly verbatim): "Let me explain something here. Now many ofyou may not know this, but after I won the Gulf War, I was actually declared a war criminal by Iraq. This was done by the Iraqi Revolutionary Council, their allies, along with some left-wing lawyers here in the U.S. such as Ramsey Clark. Therefore, what this means is that Iraq or some other place could try to have me arrested and tried as a war criminal even though I was the President of the United States. So I disagree with this so-called Pinochet Principle. I think it's very misguided and it sets a very dangerous precedent.l just don't believe a judge in Spain should be given the power to reach into England to arrest a former dictator and a current senator from Chile. This Pinochet Principle as you call it would make it very dangerous for someone like me or some other world leader to travel anywhere around the world. This means that I could get grabbed. Let's say I am traveling in Yemen and then someone from Iraq tries to arrest me because they didn't like what I did during the Gulf War. I certainly wouldn't want that. So you have to understand that no matter what bad things certain people may have done elsewhere, we can't really go around the world trying to arrest them. That is why I think this Pinochet Principle sets an extraordinarily dangerous precedent for other leaders." There was an awkward moment of silence. I then tried to ask Bush a follow-up to my question on Pinochet, because I felt he was evading the contents of my question. "But, Mr. Bush," I began to say, "what does that mean for the world when..." At that point I realized that my microphone was cut off. I then asked out loud, "Can I ask a follow up question?" A person in the audience then yelled out, "Hey, let him speak", evidently in reference to me. However, Bush turned his gaze away from me and towards the questioner at the other microphone who began asking his question on a totally different and evidently more friendly subject (since it was accompanied by laughter at Bush's response which I didn't hear). The young woman in line standing in back of me then whispered to me that, "He (Bush) cut off your mike. He is not going to answer your question anymore." At that point, I realized that I wasn't going to have any more chances to ask Bush another question and so I sat to record what both of us had said. As it turned out, Bush only took two more questions after mine before hastily thanking everyone and saying good-bye. Whether or not my question had anything to do with his somewhat abrupt departure, I can't be certain, but the applause in AlumniArena was noticeably softer whenBush left then when he entered. I asked Bush a question on Pinochet because it was specifically related to a major debate in international law and because it was directly related to a notorious assassination that occurred in Washington D.C. in the 1970s while Bush was the head of the C.I.A. Earlier that night, when introducing Bush, U.B.s President William Greiner, listed this accomplishment from Bush's biography: "as director of the C.I.A. during the mid-19705, Bush was... , widely praised for restoring morale to that agency." Neither Greiner nor Bush elaborated on what this statement actually meant. It just so happens that during this time period, a terrorist car-bombing occurred right in the heart ofWashington D.C. on September 21, 1976. The car bombing killed two no- table individuals: the first was an exiled foreign minister from Chile named Orlando Letelier. The second was a young American named Ronni Moffitt, who also worked at the Institute of Policy Studies, a prominent progressive think-tank. Letelier happened to have been a vocal critic of the regime of General Pinochet, the dictator of Chile, who had overthrown the democratically elected government of Salvador Allende in Chile in 1973 with the strong backing of the C.I.A. Eventually, a lengthy investigation of the car bombing concluded that Letelier was almost certainly assassinated in the U.S. under direct orders from Pinochet in Chile. Yet, for several years after the bombing, the U.S. government, including the C.I.A under Bush, claimed it could find no evidence of Pinochet's involvement in the deaths of Letelier and Moffitt (the latter also a U.S. citizen). Subsequently, the arrest of Pinochet in London last year on an extradition warrant from a Spanish judge named Baltazar Garzon was hailed by Chileans and human rights activists around the world as a "monumental step forward for human rights." The subsequent legal battle that have occurred in the British courts over the legality of extraditing Pinochet to Spain to stand trial for human rights violations have led the British House ofLords to conclude that a former leader of a country may not be entitled to complete legal immunity for certain crimes such as torture which were committed under his leadership. This decision to uphold the legality of Pinochet's extradition has been termed the "Pinochet Principle" by human rights activists who argue that no one, not even foreign leaders, should be immune from punishment for human rights violations. Pinochet himself is currently facing extradition for at least 33 separate acts of torture committed in the period between 1988 and 1990 shortly before he voluntarily stepped down from the presidency in return for complete immunity from prosecution in Chile. A British Magistrate Judge is set to rule this month over whether or not the allegations of torture against Pinochet (e.g., ordering the use of electric shocks on suspected political opponents) are legally sufficient to continue the extradition process under British law. Whether or not an "incorrigible dictator" like Pinochet is ever extradited for Spain and tried from his many crimes will be one of the ultimate tests of the powers and the limitations of international law as it relates to human rights. As such, I must strongly disagree with Bush's contention that the Pinochet Principle "sets a very dangerous precedent." In my view, which I hope to expand upon at a later time, the Pinochet Principle is a long overdue step towards revising the concept ofsovereign immunity which has allowed for many "leaders" around the world to commit injustices against their own peoples (as well as the citizens of other countries) without ever being punished for it. Furthermore, Bush's opposition to the Pinochet Precedent is also strikingly inconsistent, as it were, with his own actions as President when he had ordered the invasion of Panama in 1989 in order to arrest and capture the current leader at the time, Manuel Noriega. Noriega, you may recall, was ultimately tried, convicted and imprisoned by a U.S. federal court on the U.S. government's contention that he was an international drug trafficker. As such Bush's support for the release of Pinochet seems to be at odds with his view that "incorrigible dictators and terrorists" as well as "international narco-traffickers" are among the enemies whom the U.S. must now confront. Pinochet's actions against Letelier and Moffitt in the U.S. (as well as numerous opponents elsewhere who were also killed outside of Chile), coupled with his seventeen years of brutal rule over Chile and his steadfast refusal to acknowledge any doing, would certainly seem to qualify him as both an "incorrigible dictators" and "terrorists" whom Bush said the U.S. had to confront. Likewise, Bush's open support for the release of Pinochet to Chile makes his statement that his "greatest concern as President was for the national security of our country" circumspect in light of the deaths of Letelier and Moffitt in Washington D.C. while Bush was director of the C.I.A. Ultimately, Bush's view of the Pinochet Principle as a supposed "travesty of justice" and a "very dangerous precedent" goes against his own contention that the U.S. "must never yield in its commitment to human rights and democracy." � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Opinion, 1999-10-18 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. The Opinion no. 1 18.10.1999 Date Issued Date of formal issuance (e.g., publication) of the resource. 10/18/1999 Bibliographic Citation A bibliographic reference for the resource. Recommended practice is to include sufficient bibliographic detail to identify the resource as unambiguously as possible. 51 1 Publisher An entity responsible for making the resource available University of Buffalo State University of New York at Buffalo Law School Language A language of the resource eng Type The nature or genre of the resource Newspapers Text Is Part Of A related resource in which the described resource is physically or logically included. LIB-LAW003 Rights Information about rights held in and over the resource <a href="https://rightsstatements.org/page/CNE/1.0/">COPYRIGHT NOT EVALUATED</a>. The copyright and related rights status of this Item has not been evaluated. Please refer to the organization that has made the Item available for more information. You are free to use this Item in any way that is permitted by the copyright and related rights legislation that applies to your use. This digital collection is made available for research and educational purposes. Researchers are responsible for determining copyright status, and securing permissions for use and publication of any material. Copyright for items in this collection may be held by the creators, their heirs, or assigns. Researchers are required to obtain written permission from copyright holders and the University Archives prior to reproducing or publishing materials, including images and quotations. For inquiries about reproduction requests and permissions, please contact the <a href="http://library.buffalo.edu/archives/">University Archives</a>. If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/780617f7588100a8c6478f802241f82d.pdf 1123e37746fafb111c3c06f307ef67de PDF Text Text November 17, 1998 Volume 50, Issue #10 Vt Veri Special EconomySized Issue! OPINION Veriversum Vivus Vici "Just because we're broke doesn't mean we're quiet." For the law student on the go and in the know. Wahoo. Rachel Needs a Roommate!! "I'm desperate," said 2L and recent Desmond champion Rachel Trapp. "Soon, I'll be forced to use my...uh..."0ral advocacy" skills to pay the rent. I need a roommate. / need one bad—and I need one soon." Trapp brought her plight to theOpinion, knowing the staff would be sym- pathetic with her impecunious position. "I wanted to bring this story to the paper, because I understand they're broke, and figured they would understand the things you have to consider, just to makeends meet," said a tearful Trapp. "I talked to Cole, and we thought maybe my rent, and the next edition of the paper, could be taken care of if we...." Trapp then trailed off, a look of horror etched on her face, as she wondered what theCriminal Law Society would think if they knew what she was contemplating. Trapp is the Vice Chair (but not that kind of 3L TO BECOME FIRST LAWYER IN SPACE -by Denis Uminski, 3L -3L Paul Gennari of the University at Buffalo Law School will become the first lawyer in space. Gottfreid Hydrazeen, the Director of the National Aviation and Space Administration made the historic announcement this week. "Gennari is perfect for this mission!" said Hydrazeen, flanked by Dean Olsen and President Greiner. "His engineering and law degrees, and his excellent physical conditionmake him an ideal candidate." "I'm really pumped!" said Gennari, looking forward to the shuttle mission, which takes off immediately after he is sworn into the Bar in January,2000. He will take his oath right on the launch platform. His trainingbegins on August 1, 1999. Gennari will be busy throughout the mission. He will dock with the Mir Space Station within 4 hours of launch to depose Soviet Cosmonauts regarding the highly publicized supply ship collision, which took place recently. He will also depose them regarding claims of American astronauts alleging intentionalaffliction ofemotionaldistress. Following this phase, Gennari will land on the moon to supervise repossessionof a vehicleleft there by lunar astronauts and will conduct a title search and surveyof the dark side of the moon to support U.S. property claims. Gennari will be available continuously to mediate disputes among shuttle crewmembers and between the crew and mission control. The prospect of a lawyer on a shuttle mission has sent shudders through the ranks ofengineers configuring the payload. Gennari will be restricted to four heavy law books and 20 CD Roms. IBM is designing a notebook computer with a lightweight titanium case pressurized with helium. As an engineer himself, Gennari has con- cerns about the notebook design. "If the computer catches fire, the titanium will burn at an incredibly high temperature, and, if the helium leaks out, it will make my voice sound funny." Gennari will be continuously linked to Westlaw and LexisNexus on a radio frequency in the two gigaherz band. A reporter asked, "What if Gennarifails thebar exam in July of 1999?" "No problem," said Hydrazeen, "We'll immediately ask Congress to pass legislation admitting him by motion to the Federal Bar." Critics of NASA are asking if a lawyer is really needed in space. Strom Thurmond has loudly denounced the project on the Senate floor. When asked about this, Hydrazeen said "Thurmond hasn'thad credibility in the area of aeronautics and space exploration since he opposed funding for the Wright Brothers! Now that we sent John Glennback into space, we can do what we want." vice) of the organization. Trapp concluded her complaint by crying out: "All I'm looking for is a roommate to share a fully-furnished, threebedroom, upper, non-smoking apartment; $150 rent doesn't include utilities; washer and dryer available!!! The house is on Rugby Rd near Colvin and Hertel-near the zoo!!! Is that so much to ask?" Editor's note: Despite our manner of delivering the message, Rachelreally is looking for an apartment roommate. You can call her at 875-5564, or reach her a box 812, if you can help her out. Thanks. Public Interest Professor Jam * Unwind with a great evening of live jazz. This Thursday, UB professors and students bring the swing to the Calumet Arts Cafe on Chipewa. All proceeds further BPILP's mission to ensure equal justice through equal access. $7 Advance ticket for sale in front of the Law Library this week, 11:00 AM 2:00 PM. $8 Door tickets. Thursday, Nov. 19, 8:00 PM. Doors open at 7:00 PM. - •• • •• •• •• • Criminal Law Society Moot Court Meeting Join us in planning this brand new UB Law event! Wedesday, November 18 4:00 Room 112 Contact: Rick Staroploli Box 804 Or the CLS Office »j • # • # • * • * • * •• •_••_•• •••••• SBA NEWS Samuel's It Is! The SBA convened on Wednesday, November 11th, to determine where the Barrister's Ball should be held this coming spring. They argued, they voted, and determined the ball will be held at Samuel's Grande Manor. The decision to put the matter to a vote follows several contentious continued on the only other page. �SBANEWS Demi-- Editorial Welcome to our special mini-edition of the "Financial Crisis Opinion." In keeping with the size of our issue, I'll keep this short and sweet. In fact, as our Op/Ed Editor put it this week: "This is a great time to complain about stuff at the school without having to explain what you mean." In the interest of carpe-ing the diem, I have decided to do just that. Here you g0...ca1l itEditorial Lite: The law school should be downtown. North campus should have been built in Buffalo. Starbucks should have lower prices, fewer stores, and nicer clerks. The library should have wingchairs and a smoking room. I should be Queen of the Universe. The SBA should give the Opinion more money, even though they don't have any money to give. Somebody had better look into figuring out what the law school mascot is. It was too windy last week. . , Thanks! Enjoy the Opinion S.A. Cole Editor-in-Chief continued. weeks in which accusations of improper pro- holding the ball downtown serves to foster alcess have been aired. coholism and irresponsiThe argument was no bility among the student population. They argued less heated at the meeting. Those who argued in that those who recognize favor of the Hyatt they may become too pointed out that there is drunk to safely drive more to do downtown elsewhere (AKA downand that it is safer and town) after the ball, a more accessible. The common activity, will be board was reminded of better served by a longer last year's blizzard like ball and extended open conditions which made bar in the suburban locadriving difficultand that tion from which they even in good conditions may responsibly drive it may be hard for some home afterwards. The pro-Samuel's student's to get to the remote location which is clan further supported not serviced by public their case by pointing out the $15 price difference. transportation. News In Brief 'X' Sludge to Remain Secret The unknown substances at Area 51 will remain secret after the Supreme Court refused to hear an appeal from the area notorious for UFO sightings. Several workers, and their decedents, contended that they developed cancers after THE MINARCHIST Computer Labs (A) By Russ Klein (E) I am happy about the new computer labs. The lab itself is nicer, cleaner, and the computers actually work. The sign-up procedure is minimal (and since a LOT of people forget to actually log out, you often don't even have to log in). But there is a serious problem with the labs that I have noticed. There have been a lot of complaints regarding the proctors those guardians of the hardware. It is often difficult enough to figure out who is actually the proctor in the lab. It is outright frustrating when I have a question for the proctor, and the proctor does not have any clue as to how to resolve the computer problems. Through the grape — Those who favored Samuel's, rebutted that vine and through people complaining directly to me, I have learned that I am not the only person who has encountered this problem. Shouldn't the stewards of our computer lab (A) be more prominent, and (B) have the knowledge necessary to handle problems standard problems that a law student is likely to encounter in every day use that may arise in the computer lab? I praise the administration for doing what is necessary to provide us with astate of the art computer lab. But just because we have to share the lab with other graduate students does not mean that the workers, when identifiable, should be oblivious to the problems of law student users. — - being directed to incinerate 'unknown substances' in large, open pits. The workers contend the smoke the burning produced led to the development of deadly cancers. First, however, the workers needed to know what it was they were burning. The 9" Circuit, where the appeal originated, agreed with the government's contention that they did not have to reveal what was present in Area 51 or even have to reveal the name of the facility. The Department ofDefense and the EPA claimed the information was a state or military secret and, hence, need not be revealed in the course of a suit. 'Doh' O.J. Simpson's custody battle has been reopened. Judge Nancy Wieben was criticized for not taking evidence of O.J. 's abuse and the possibility that he had committed murder, into account when granting Simpson custody instead of the children's grandparents. At the time,Simpson had not yet been convicted in the civil trial and, hence, was considered innocent of murdering the children's mother when custody was awarded. The appellate court found that it was error not to consider all ofthe factors in the case. The custody issue will be reheard taking into account One representative pointed out that all of their stated goals, sobriety, thrift, and participation, could be better served by having a cake party on campus which all could safely afford. His attempted motion to bar the ball in favor of a cheaper alternative for the cash strapped SBA, however, was not seconded. The Ball will cost the SBA $2,000 for such amenities as decorations, cheese platters, and the 16% gratuity Samuel's will receive. In the end, our representatives decided to vote through closed ballot. Thus, it is impos- sible to report on which of your representatives voted for what interests or ends. The final ballot, in favor of Samuel's, was decided by only one vote. In other business, the Human Rights Law Review requested a $1,000 for new computer. Theirs had irreparably crashed necessitating a new one in order to publish this year. The SBA explained that they have only $2,000 left for the entire year. They were, however, able to offer the group 1/4 of the requested sum to replace the machine. By Peter DeWind O.J. 's propensity for violence, the children's wishes and the effects oftaking them away. Say Cheese The Supreme Court will determine whether it violates the constitutional protection against unreasonable searches to allow television cameramen, and other reporters, to tag along on police calls to private property and homes. The practice has become prevalent in the wake of the public's desire to have the more turbulent aspects of life edified for their amusement. This case was brought by a couple who were photographed in their bedclothes as police tried to arrest their son. The police has brought the media into their home without their permission. A similar case to be heard was brought by a Montana family who claim Federal agents violated their rights by bringing a CNN crew onto their property without permission or consent. The court has not yet decided whether to hear a related claim, that CNN has also violated their rights by coming on theirproperty without permission. Files Opened The New York City Police Department's own complaint files will now be open to outside scrutiny. Public Advocate Mark Green, empowered under the city's own charter to investigate, noticed that of the 96 verified complaints made against the department in 1996, in 53 of those cases no action was taken. The appellate court agreed with Mr. Green that these files, recording the inquiry into such misconduct as brutality, must be open to his independent scrutiny. Mayor Giuliani has said he will appeal opening the misconduct files. Children Welcome A city strip club does not have to move because they allow children into their shows. Mayor Giuliani's antipornography / public decency laws called for places which serve adults sexual appetites to be closed if they are within 500 feet of a residential area. Ten s World Class Cabaret in Manhattan challenged the law by claiming that they do not only serve adults, they also invite children to attend. The club claimed that in 1994a 14year old South African boy had attended a show with his parents. A Supreme Court Judge, Steven Crane, agreed that the Club's contention that this meant they no longer served only adults and, thus, were exempt from the regulation. Giuliani claims the city will appeal the ruling which actually encourages exposing children to partially naked adults. � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Opinion, 1998-11-17 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. The Opinion no. 10 17.11.1998 Date Issued Date of formal issuance (e.g., publication) of the resource. 11/17/1998 Bibliographic Citation A bibliographic reference for the resource. Recommended practice is to include sufficient bibliographic detail to identify the resource as unambiguously as possible. 10 Publisher An entity responsible for making the resource available University of Buffalo State University of New York at Buffalo Law School Language A language of the resource eng Type The nature or genre of the resource Newspapers Text Is Part Of A related resource in which the described resource is physically or logically included. LIB-LAW003 Rights Information about rights held in and over the resource <a href="https://rightsstatements.org/page/CNE/1.0/">COPYRIGHT NOT EVALUATED</a>. The copyright and related rights status of this Item has not been evaluated. Please refer to the organization that has made the Item available for more information. You are free to use this Item in any way that is permitted by the copyright and related rights legislation that applies to your use. This digital collection is made available for research and educational purposes. Researchers are responsible for determining copyright status, and securing permissions for use and publication of any material. Copyright for items in this collection may be held by the creators, their heirs, or assigns. Researchers are required to obtain written permission from copyright holders and the University Archives prior to reproducing or publishing materials, including images and quotations. For inquiries about reproduction requests and permissions, please contact the <a href="http://library.buffalo.edu/archives/">University Archives</a>. If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/2fa729aa4adee9f62db1a16bef88be9a.pdf 2440c01b26d0c23bb07d1bd8800aec40 PDF Text Text UB Law School's "Preeminent" Student Publication wings, buffalo, edul'lawlopinion he Only News You Need Coat: incalculably invaluable, immaterial 50 OPINION YEARS OF THE OPINION Vol. 50, Issue #9 Barrister's Ball Dissention and "Vi Veri Veniversum Vivus Vwi" is in the works. This last event, however, is the catalyst ofthis year's requisite bout of SBA dissent. Aside from the argument and egos that naturally accompany any democratic body (and reASurvey, a $500 Deposit, and a ally, would we want it any other ConstitutionalAmbiguity Create way?), the planning of this a Gigantic Mess for the SBA year's Barrister's Ball has led to the possible commission of an actual violation of the rules By S.A. COLE. that govern us all. A $500 deEditor-in-Chief posit for Samuel's Grande Any casual glance at Manor, the location used last year and now booked for this fifty years' worth of old Opinions, the unofficial archive of year's Ball, was pushed UB Law, will reveal that one through the financial machinentity at this school has always ery of the SBA and Sub Board been a hotbed of contention over October Break. According to the SBA and debate. That entity is the Confusion Student Bar Association, the elected body that plans events, facilitates relations between the Administration and students, and determines the apportionment of our student activity fee. For years, the SBA has been rife with alternate bouts of apathy and aggression. This year is no different. At the beginning of the year, the SBA elections were a sporadically participated-in event. Only the 1L class ran more candidates than actual seats to be filled on the SBA. Only one upperclassman bothered to fill out a petition sheet, instead of avoiding collecting the requisite signatures by running as a write-in. And although this is the third month of the semester, the SBA (which nominally meets biweekly) has only convened two times. And yet, the organization has accomplished much of what it was created to do. Events, such as last month's Octoberfest, have been planned, occurred, and deemed successful. Groups chartered by the organization, from the Opinion, to the Criminal Law Society, Moot Court, or Law Review, have been active, all with administrative assistance from the SBA. President Tonya Guzman has reported meeting with Dean Olsen, bringing the concerns of the students to the head of the law school. A phone directory is being assembled. The Barristers Ball Outstanding Orators Speak Out on Desmond Victory November 9, 1998 final round, because Andy Zakrocki and Brian McGrath are two of my good friends. Personally, all I wanted to do throughout this whole thing is make the Board. "I didn't expect to make it to the final round. That morning, I just wanted Listen To Your Heart By PETER DEWIND Local prosecutor tells students there is no substitute for genuine interest and practical exto stipulate: 'can't they just perience when pursuing a crimiwin? Do I have to go up nal law career. By S.A. COLE. again?' I didn't feel any On Wednesday night, competitive vibes from the October s'\ the Criminal Law Editor-in-Chief other team." Society sponsored a panel discusTrapp agreed with sion on criminal prosecution and this statement: "I wouldn't defense. About 40 students have had any problem turned out to hear representatives losing to anyone we from the FBI, the U.S. Attorney competed againstGeneral's Office and the Erie especially Brian and Andy." County District Attorney's Office. Constitution, Section 6, clause In the finals, the Unfortunately, only one of these E: "The Board, absent a quoTrapp/Swift team argued for agencies was able to attend the rum, may perform such non2Ls Rachel Trapp andLeslie Swift Casey Martin, on brief. panel. The pursuit of Dr. discretionary functions as are Swift had this to say about Slepian's killer prevented theFBI expressly mandated by the On Saturday, October selecting which side of the representative from appearing. Constitution or By-Laws, but 23, UB Law's Desmond Moot appellate argument to He reportedly will speak to the under no circumstances shall Court Board held their final choose when drafting a law students at some point in the the Board consider any motion round of competition, and 2Ls brief: future. The representative from concerning finance, affiliation Leslie Swift and Rachel Trapp "I think some of the U.S. Attorney General's Ofor discipline, nor any resoluwere declared the winners of my friends chose to write fice was absent for reasons untion. All functions not fully the 1998 competition. This the brief for the defendants, known, having not canceled or executed shall be subject reyear's case was PGA v. Casey which was PGA, and then called. Hopefully, this person is view by a quorum." The byMartin, which involved golfer arguing off-brief, that all right and was not beset by any laws make no mention of how Casey Martin and his argument is laid out for you. on way to our forum. earmarkedfunding for the Ball Disability Act-based law suit to I think I personally had a tragedy the This left Peter can be spent: does the Ball enter the PGA competition hard time getting my off- Weinmann as the sole speaker on committee have to vote on it, aided by a golf cart. Late last brief argumentthe panel which quickly became or is it a" fund to be used at the week, the Opinion interviewed practicing it, Rachel and I a frank question and answer sesdiscretion of the people headthese two law students about agree that when we did go sion on what it takes to become a ing the committee? off brief, we feltreally good their experience. Mr. criminal prosecutor. Based on the activity of about it." Both expressed reWeinmann isthe Chief ofNarcotyears past (the author refers lieve that the brief writing and Trapp agreed, at the Erie County District specifically to the first SBA various rounds of competition saying, "I told Leslie, I ics Office and a Special Attorney's meeting she ever attended, were over. "It was very wouldn't mind going into Attorney. After Assistant U.S. back in the Fall of 1996), the overwhelming, very time the final round being offfrom the Benjamin graduating entire SBA has been consulted consuming," said Trapp. " I brief. We argued our semiSchool of Law he seCardozo before decisions (and deposits) have a lot of work to catch up final off-brief, and won." a judicialclerkship in Rochhave been made regarding the on now-work that I put off Trapp then pointed out, cured location ofthe Ball. This year, during the competition. Even however, that many who Continued on page 7 the decision was made without though we won, I don't know argued the case for the PGA such a vote, but that was also if I could do it again." felt that the unsympathetic Inside This true of last year, according to nature of their client's it was "I'm glad Issue... one former member of the closed research," Swift said, argument may have cost 3 Republican Debacle. SBA. commenting on the Desmond them victory. "Apparently not Last week, 2L SBA reppractice of limiting cases and 4 Announcements too many people won resentative David Polak sent applicable law to the docthe Opinion a submission en- umentation enclosed in a single arguing for the PGA, 50...1 The Anarchist Considers titled: "Is the SBA a Dictator- packet. "It was an enormous think there were some heard from 6 I concerns. Voting at least it was all ship?" In that letter, Polak acbut packet, cused SBA President Tonya there in front of you." other competitors that they 6 lAskedForlt Guzman of several violations The two then turned thought it was unfair that of SBA by-laws. President to the atmosphere of the people were being judged Guzman then wrote a response, competition. by whether they were PGA Sports, Opinion 5ty1e....8 pointing out that planning the "I don'tfeel like there or [Casey Martin], just ball was the function of the was any kind of hostility, or because they had the harder Plus Cartoons, a Top Ten 1List, and the vast LEFT committee, and that you can't any kind of competition,' Continued on page 5 wing conspiracy? Continued on page 4 Swift said, "especially in the �November 9,1998 2 Thomas Jefferson: Genius. Redhead. Miscegenist? "Knowing that the greatest ofour Founding Fathers was a practicing miscegenist should energize the recent shift away from the either-or definition of 'race' that has historically underpinned the caste-like segrega- the document that convinced men to spend a winter in Valley Forge and a summer under seige on Bunker Hill, while simultaneously inspiring France to be nice to us. I ask you, ladies and gentlemen: could you have resisted him? tion of African-Emericans, Between Thomas Jefftoward a more blended and erson, Benjamin Franklin, and self-chosen definition of Thomas Paine, there were a lot group identity." of honeyed tongues that went --Orlando Patterson, into the Revolution; no one can The New York Times. Mondeny the erotic power of havday, November 2, upon DNA ing the chutzpah to tell George evidence being released show111 just where he can stickit...so ing that descendents of slave it's no wonder they were all Sally Hemings are related to philanderers. There's just descendents of Thomas something sexy about insurrecJefferson. The evidence contion. firms the long-held suspicion That being said, we have of many historians that no assurances that the woman Jefferson and Hemings had a had any choice in the matter. quasi-marital relationship. Only the most sheltered of the First of all, let me just most sheltered still think that say this: You can't blame her female slaves only had sex with for sleeping with him, 'cause male slaves. Almost everyone he was a total hottie. That red has figured out why lighterhair, that noble profile, those skinned slaves were given long legs (Jefferson was over easier, and coveted, positions six feet—that's quite a lot of as house servents: they were man for the 18th century)...not the plantation owner's chilto mention, being able to craft dren. And it doesn'ttake much political poetry powerful imagination to envision a enough to start a new nation. slave-owner, thinking of And, aside from his eswomen as his chattel, feeling knicker-clad erotithat a night bumping elbows in sential, cism, he must've been one hell the slave quarters was not also of a persuasive seducer. Thohis right, but a further confirmas Jefferson: the guy wrote mation of his status as a prop- WE GOT LETTERS! Dear Editor ofthe Opinion... InResponse to the Oc- tober 7, Wyoming's Hate Crime... The October brutal murder of Mathew Shepard in Laramie, Wyoming is an outrage. He was beaten on October 7 by Aaron McKinney and Russell Henderson, whose charges offirst degreemurder, kidnapping, and aggravated battery were motivated by homophobia. Their "hate Editor in Chief Graphics and Layout Editor Business Manager i Op/Ed Editor Law News Editor Web Editor Photographer crime" against a gay "brother" is an outrage to the University of Bufffalo's OUTLAW, lesgay, bian, bisexual, trangendered and friends membership. We grieve with the Laramie community and Shepard's family. Although violent crime is declining in America, reported crime based on sexual orientation rose forty two percent between 1991 and 1995 France (several years before his presidency), and he took Hemings with him. Many assert that Paris is the place ities, consortiums forged bewhere their love affair began, tween slaves and masters and some historians say that might not always have been as this affair united Jefferson and polemic as we would tend to Hemings through his Presithink. What happens to the dency, and the birth of "master" who falls in love with Hemings 1five children. his "slave?" Of course, even more Some historians have historians, over the years, have posited that falling in love is flew into blustering heights of just what Thomas Jefferson did scholarly rage if one dared aswith his slave, Sally Hemings. sert that a Father of Our NaTo prove this, these histion was shtupping a slave, and torians cite various things: that he sired her welps. Many "official" (read: white) Heming's wit, her sophistication, her beauty. They point Jefferson descendents have out that Hemings acquired her gone on the record disclaiming sais while jeane quoi growing any relation to "those people." up in the house of a wealthy To do them credit, many other Jefferson descendents have plantation owner. This status also leads to been heard to say that it was another observation: as a house possible, and, if you looked at servant, Hemings was in fact old photos, even probable. the daughter of her mother's With the wonder of owner. Who was that owner? DNA evidence, and a few willThomas Jefferson's wife's faing blood samples from both ther: Jefferson's wife and sides ofthefamily, the relationHemings were half-sisters. ship has now been confirmedThere is vast agreement -at least to the point of a union that Jefferson's affair with that created one of Hemings' Hemings did not begin until sons. Some are shocked. Othafter the death of his wife, a ers are gratified. wife to whom Hemings had To be frank, I am elated. more than just a casual resemhave I always had a thing for blance. Once his wife died, Thomas Jefferson, you see. Jefferson, heartbroken, offered Most of my above comments erty owner. Human relations generally (although not always) being a mish-mash of ambigu- to serve as ambassador to about his being "sexy" and according to the FBI. President Clinton has been consistently against hate crimes. In a weekly radio address last June, Clinton denounced hate crime and spe- tainly an act of violence against America. OUTLAW serves as a welcoming haven for lesbian, gay, bisexual, trangendered at U.B. Law School. However, few safe places exist on other campuses or within our nation. One solution attemptto ing combat the problem of hate crimesagainst gays have cifically cited bias crimes against gays. He stated "Such crimes, committed solely because the victims have a different skin color or a different faith or are gays or lesbians leave deep scars not only on the victims but on the larger community...they are acts of violence against America itself." The gruesome murder in Laramie, Wyoming was cer- been a series of states which have enacted hate crime laws which cover sexual orientation. Federal laws, which govern the prosecution of hate crimes, do not apply to crimes based on sexual orien- Continued on pages| S.A. Cole Ken Grant Staff: Dan Baich Columnist Howard Beyer Columnist/Chauffer Gabe DiMaio Columnist Columnist Peter Nicely Adam Perri Russ Klein Peter DeWind Russ Klein Ken Grant Advertising Liaison Vincent Gregory The Opinion, SUNY at Buffalo Amherst campus, 7 John Lord O'Brian Hall, Buffalo, New York 14260, (716) 645-2147, is published weekly throughout the Fall and Spring Semesters. The Opinion is the student newspaper of the State University of New York School of Law. Copyright 1998 by the Opinion, SBA. Any reproduction of materials herein is strictly prohibited without the express consent of the Editor-in-Chief and piece writer. Submission deadlines for all articles are every Wednesday preceding publication (if it's on disk, you can push it to layout time onThursday...no later that 6:00 PM, please). Submissions should be saved inlßMWordperfect 5.1; please enclose printed copy for safety's sake. Writeyour box number on your disk if you want it returned. The Opinion is printed at theBuffalo Newspress. While the Opinion will not print libelous or anonymous material, all submissions shall be printed entirely and exactly (so proofread your materials), provided they are signed submissions from a member of the UB Law community (students, faculty, staff, alumni). The Opinion in no way endorses the viewpoints of its various columnists and contributors. Considering that the Opinion isn't actually a sentient being, italso doesn't thinkthere's anything wrongwith any viewpoint expressed in this publication. Vi Veri Veniversum Vivus Vici. "We have a First Amendment and we know how to use it." whatnot had a tongue-in-cheek them, I know, but believe me, when I think about Jefferson, my tongue rarely wants to stay in my cheek. There was such a force about him, such a compulsion to write and create, that his powers ofattraction haven't dulled much over the last two centuries. Further, and like many of my fellow countrymen, I have a reverence for the depth and foresight of his writing, the clarity of his compostion, the integrity of his vision. Through eloquence and courage, he brought forth a new philosophy, a new nation, and a new standard of political thought. And nothingcould make it more perfect than knowing that, after all, he was in some ways a hypocrite and coward-at best. Or, a rapist and defiler--at worst. That I choose to believe Jefferson loved Hemings is my own romantic folly, and betrays my need to tone to believe in sentiment. Why many are shocked about all this is something of a mystery to me: after all, the man owned slaves. He was a product of the morality of his times. Is it any more shocking that he wouldhave felt the need to hide a relationship with a slave, even if he found that relationship fulfilling, important, or beautiful? I like my heroes flawed. And like the quote I selected above, I thinkthe confirmation of Thomas Jefferson's romance with Sally Heming's is a providential place for a new philosophy, one that realizes race (a non-deterministic factor) is only a convenient term for culture (something one can voluntarily belong to). What "race" do Sally Hemings' descendants belong to? It's trite, but we all know the answer: the human race. Yes, this country has a class war. It has ideological wars. But race war is conflict built on a false construct. And there's nothing like a little historical poontang to make that point all the more clear. Enjoy thisweek's Opinion. S.A. Cole Editor-in-Chief �3 Volume 50, Issue 9 REPUBLICAN they already enjoyed in Congress, DEBACLE they didn't need to stick their necks By PETER NICELY They didn't need to make a power grab, or attempt to gain seats to stop the out. "What happened?" and "Who should we blame?" These are the two questions that every Republican Party member is asking every other Republican Party member today. One article had Republicans claiming that when a ship runs aground on a reef, it is the person highest up in the chain of command who should bear the responsibility for the losses, that would be Newt. Somehow, it just does not seem very logical or stable for an entire political party, arguably the most powerful one in the world, to go from Clinton bashing on one day to Newt bashing on the next. This seems to be particularly true when what led to the Republicans' net loss in elections across the country was the last minute decision (made by some unnamed Republican leader) to spend the remaining hundreds of millions of dollars from an overloaded political war chest on Clinton bashing campaign ads. can people may be becoming a less well-educated electorate and less civic-minded and conscious of the subversive, underhanded political backstabbing that goes on in the political arena. But they are Americans like their politics straight-up and unadulterated by the personal; not yet to the point of acceptan unspoken code says that ing an attempt to remove the when the whistle blows at president, who they elected, the end of the day, all the from office for a personal inpoliticians can shake hands and go home to their personal lives. Sure, mudslinging is often an effective tactic. But pointless, Democrats from filibustering their bills by attacking a high profile figure who wasn't even running. They did so because they suffered from an insatiable thirst for power — thirst that our system of government is designed to protect against, and the people made the system work. malicious slander is over- kill that more-often-thannot backfires in the face of those who are Neanderthal enough to pull this inhuman weapon off of their cave wall. These last minute personal attacks on Clinton did not necessarily cause the Republican losses. The one did follow the other, but it seems to me that the election results might be function of the electorate's perception of a much more sinister motive underlying the ad hominim attacks on the person elected as our president. There is nothing new about the lack of substance or the divisive strategies or the personal attacks. This election was a new low not previously stooped to by the slimiest of muckrakers. Namely, people are afraid that in a two party system, we may soon end up withone ofthose parties in control of the Federal Government. The Ameri- discretion. And although they may not realize it, they still recognize lust for power and still have a fear for the tyranny of the "majority" What is the point of trying to defrock the president? That he deserves it? No one is buying that and no one (but a few puritanical zealots) cares enough about Clinton's sex life to warrant shutting-down the government that we pay about one-thirdof our incomes to support. Some big shot (I can't recall who, maybe it was Machi... something ) once wrote that "power corrupts and absolute power corrupts absolutely." I'm not a political scientist and 1 don't even know very much about politics. But I am socially conscious and it don't take a rocket scientist to figure out that with the leads that the Republicans enjoyed in Translation of our Latin Motto... "That's GOVERNOR Jesse 'the body' Ventura to you!" �November 9, 1998 4 Barrister's Ball Dissention... and closer to an even split." Snyder also mentioned Continued from page 1 Jhat the prices quoted please everyone all ofthe time. SBA Treasurer Betsy Snyder was approached by the Opinion to address the matter, from a moreformal procedural and budgetary viewpoint. Starting withthe survey passed out to students regarding the ball, and ending with the eventual deposit to Samuel's, she had this to say: "Prior to [October] Break, Wednesday evening, they stuffed the survey in the at the October 28th meeting were not set in stone. After the meeting, she said, "Paul Sclime from the Hyatt spoke to me directly and informed me that he would be willing to match Samuel's, given the opportunity—without sacrificing service. He said he would also be willing to do a hotel roomm deal, so there wouldn't be any drinking and driving. I talked to Samuel's Grande Manor, and assured them that boxes. So of course there was their deposit wouldbe coming, that it was $500. Then I said only thursday to turn in answers, before everybody went 'So this is a $25 ticket that out of town for Break. we're dealing with here?' and "That next day, [Tanya] [the woman at Samuel's] said, asked me to put through an 'Oh, no. You have to sit down advance for Samuel's Grande with me and figure out a menu Manor. 1 said, 'Do you really before we can give you a price. "So basically, by that think I should do that?' 1 didn't feel it should be meeting, neither Samuel's or rushed...the event is in Februthe Hyatt had given us a firm not so price. Samuel's was never in prom season, ary, voted on, and materials were there's>not a lot of hurry to renever presented breaking serve the space. "That afternoon, Tanya down costs." came up to me and said 'How Snyder concluded that do you fill out the paperwork?' she like Samuel's, and the ball And I said, 'Well, I think that was lovely last year, but felt has to go through me.' And that perhaps the decision had then she told me, 'Well, I'm been made with only a brief the President.' I realize I'm nod in the direction of democonly the Treasurer. racy. "I realize that she's the "Sub Board's provisions President, and I'm only the Treasurer. But at the same require my signature on paperwork, unless I assign a signatime, I do have my own tory to sign for me; I didn't thoughts...and I'm here for the assign one. It was Fall Break, student body. If the students but the paperwork went want the ball downtown, and through without my approval the Hyatt is willing to try and or signature." meet us with a good price, I According to the SBA think people ahve to tell the constitution, the first duty of directors this, so they can make the final decision.-after the treasurer is to: "be responsible for the distribution and the committee has given them maintenance of all SBA funds a proposal. I wasn't on the and manage the business af- SBA last year, and that's why fairs of the SBA." The exI have concerns that commupressly stated duties of the nication has been lacking." Overall, the situation President do not include the boils down to a few simple powers of the purse. The constitution and bylaws also have questions. According to the a conspicuous lack of content SBA Constitution, By-Laws, and precedent, did the Presiregarding the power of committees. Does a committee dent have the authority to sign head, as President Guzman a check for Samuel's? The pointed out she is, have the answer varies depending on power to make large financial what source you use, and who commitments on behalf of the you talk to. Has there been SBA? The constitution and duplicity regarding how wellby-laws do not say. represented that actual wishes Regarding the Barristers of the student body were, reBall committee, Snyder said: garding the location of the "To my knowledge, no barrisBall? Again, it depends on ters ball committee has met." what process you deem acRegardless, Snyder ceptable for decision-making commented that the survey involving student funds, and taken regarding the desired who you talk to. location of the Ball was not formally used by the President. [Editor's Note: Anyone with concrete answers to these According to Snyder: "There was no official questions is certainly welcome count...by the time I counted to submit them to the Opinion. it, that Thursday, the count was After afair amount ofresearch 30 to 15 in favor of downtown. into the mess, we're confused By the October 28 meeting, and sick of the whole thing.] where several representatives brought up the matter, she said it was 36 to 31 for downtown: almost even. In the letter to the Opinion, she said it was 36 to 34. It keeps getting closer ANNOUNCEMENTS Public Interest Professor Jam AsianAmericanLaw StudentAssociation A general meeting will be held on Tuesday November 10 at 4:30in Room 212 All are welcome. Unwind with a great evening of live jazz. Next Thursday, UB professors kick the beats at the Calumet Arts Animal Rights Cafe on Chipewa. All proceeds further BPILP's mission to ensure equal justice Students of Law for through equal access. Animal Rights will hold a $7 Advance tickets for reorganizational meeting on sale in front of the Law LiThursday November 12 at 4:30 brary this week. in Room 207. $8 Door tickets. All are welcome. Thursday, Nov. 19, 8:00 PM. BPILP The Buffalo Public Interest Law Program is holding a general meeting today, Nov. 9, at 11:30 AM (Rm. TBA). If you want to know how you can help BPILP to make a difference in your community, come and join us. S. McDonald ssina OH-SO-INTERSTINEGLECTIONS THE YEAR OFF CORRECTION: In the issue dated 11/2/ 98, "Professor Carr Speaks..." (page 3) we stated that Carr said "that hate crimes might be desirable." That sentence should read "that hate crime legislation might be desirable." We appologize for any misunderstandings. Murder Trial Comes to UB!! "Night of January 16th," by controversial author/playwright Ayn Rand, is a courtroom drama about the murder of a high financier, and the trial of his accused mistress. Her innocence or guilt is determined by a jury panel selected from among audience members. The Criminal Law Society, in conjunction with the UB Chapter of the Association ofTrial Lawyers of America, will present Miss Rand's work for three nights in early February 1999. The cast will be chosen from the UB Law Student Body on December Ist and 2nd. Scripts are available to read at the library reserve desk and at the Crimi- nal Law Society office (O'Brien 008). Also, urgently needed are assistant directors, stage managers, and other technical support staff. If interested, immediately contact Director Michael Arcesi at Box #616, or arcesi(o>acsu. buffalo.edu. Watch for informational meeting on November 16th at 3:00 location TBA. �Volume 50, Issue 9 5 LETTERS, CONTINUED... Continued from page 2 tation. Only the federal Hate Crime Statistic Act and Hate Crimes Sentencing Enhancement Act have language which covers sexual orientation. The advantage of hate-crime legislation is that rt provides a vehicle to sway a jury for a com viction, which matches the crime. Opponents of hate crime laws claim that they are codi- town or UB which also ads to Hyatt being a more convenient and locale. The downtown location also offers more including rooms at the adjoined hotel with price breaks. This would be very beneficial to have as an option especially withregard to the weather which was a problem last year. Finally, even though I a member ofstudent govam not fied redundancy, which can complicate courtrooms already ernment I can do the math. votes vs. 30 some burdened with heavy demands Thirty some votes in no way reflects the opinfor proof. Nevertheless, often when UB society requires a motive to ion ofthe student body has 3 classes each Law School settle its outrage and frustraapproximately with 100 students. tion. For all of its inconsistenThe decision is especially discies, hatecrime laws protecting to victims such as Shepard my not turbing me in light ofthe small and the discrepancies in response be the best solution, but itis one the actual count of the votes. I solution many states have ala re-vote ifthe check ready adopted, in the absence recommend for the deposit has not been sent of any federal legal protection of our gay brothers and sisters. to Samuels. Additionally, all matters should be voted on While the lesbian, gay, such as they are in any democracy and bisexual, trangendered and individually. their friends continue to battle counted by neutral Last year we had input so why a right wing's war against the not now? If theidea of a democgay agenda, which often result racy offends the President then in hate crime's, we salute commaybe she shouldn't be a Presimunities that accept and emdent. brace us, and moreover we saAnna Kobialka 2L lute communities that are willto allow us to create our safe ing Late Night Limo Riding Law havens. Student Debunks Desireability Respectfully, of Samuel's as Default B.C. Dolmo and MemDrinking and Debauchery bers of OUTLAW, University at Locale... Buffalo, School ofLaw As a student who appreciates an open bar, and a reason to As of 1997, these are go out, I have to comment on the States that have hate crimelaws recent problems arising over the that include sexual orientation: location of the Barrister's Ball. Arizona, California, It is my understanding that the Delaware, Florida, Illinois, SBA was looking at a new downlowa, Maine, Massachusetts, town site to hold theBall. When Minnesota, Nebraska, Nevada, was brought to my attention New Hampshire, New Jersey, this got excited because as we all I Oregon, Utah, Vermont, Washknow there is nowhereelse to go ington & Wisconsin out in Buffalo besides downtown, unless you don't want to — Disgruntled 2L Would-Be Downtown Dancer Declares Discontent and Demands Vote on Ball Location Be Done De N0v0... . . . As a 2L who was unable attend as a IL, I was looking to forward to attending the Ball this year. I did not get an opportunity to vote much like most students because I was not herefor many classes were canceled on the Thursday before October break, but I would have chosen the Downtown location. Downtown is very accessible and the Hyatt, which I have dealt with for other functions in the past, has a general policy of price matching. Downtown is accessible to those with and without automobiles and has various other forms of entertainment in an area very close to the Hyatt. No real concern about drinking and driving. Additionally, many individuals live close to down- deal with a crowd. Last year I was nappy to hear about a law school formal with an open bar. Especially since the Dental school had one at the Statler (which is downtown). Then I found out it was at Samuel's and that put a damper on the affair. So my friends and I came up with a plan because drinking until midnight wasn't that sweet. We all threw in $60.00 and rented a limo because we need to get ten intoxicated bodies from Clarence to downtown Buffalo. Then it about a foot of happened snow — it took almost an hour to get to the first bar downtown. This was a hassle I could have done without. Now, let's turn to this year's ball. The problem has boiled down to price as do most good issues. The Hyatt is supposedly more expensive than Samuel's — Grande Manor. If one looks at provided by the Moot Court my illustration [see illustraBoard were to honing their Continued from pg 1 tion at bottom ofpage ED.] ■argument. the rest of this is easier to unbecause they had the harder "I don't think there derstand. The Hyatt is right in issue, they weren't winning. were very many surprise the middle of everything and "I felt that it questions, because we provides more options for the should be, if you did a damn practiced," Trapp said. "There drunken law student looking good job arguing for the weren't really too many for fun. The most obvious is PGA, you should win, not questions they could throw at theremoval of a long, tortuous justbecause the argument's us that we hadn't heard before." drive from Clarence to downharder....some judges did Swift added: "Each town. Secondly, the Hyatt is a comment to us, 'Oh, you coach had two teams, and our whole lot nicer. Finally, we can had the easier argument, other team was Karyn rent a room, which the Hyatt and then didn't go on and Connolly and Dana Lundberg. said it would give a discount say, 'but you also had a We worked together, for. The only positive for great presentation,' when exchanged ideas. Our coach Samuel's is that it is in the we were on brief. And they was Mike Chmiel--he was middle of nowhere. did the same thing with the great, too." Now I don't know how PGA...' you did an excellent The final round bemany other law students go out job, with a difficult fore the three-judge panel at on a regular basis, but from argument.'" Erie County Courthouse was what I hear spending $40.00 is Swift backed up challenging, but not quite what not that bad for a night on the Trapp's assessment. "Luckthey expected. town. It is not unusual to spend ily, we did well off-brief. I "I was scared," Trapp $20-30 on a regular night, so think a lot of people who mentioned. "Everyone was why would you be upset about were PGA perhaps feel like saying, 'Oh, Professor Finley, spending another $10-20 and they were judged by their she's argued in front of the getting a nice dinner and open argument." Supreme Court- and she bar. Anyhow, this is only a Trapp hastened to worked on the problem, so we problem if the Hyatt doesn't point out that this was not thought we were going to get match Samuel's which I highly the fault of the comquestions from way out in left doubt. It is only beneficial for petition's organizers. "As field from her. Actually, them to establish a relationship far as I'm aware, there is a Professor Finley and Judge note in thebench brief to the Denman were rather on the with the school. If the point of the event judges that says 'you quiet side, and Judge Albin is to have a formal affair where shouldn't take that into Adams, from the 3rd circuit—a consideration.'" one can have a good time retired judge—was the one who Swift talked about really asked a lot of questions." then the Hyatt is the answer. the difference between Trapp thought the Besides, the students who usually attend this affair will be arguing for the PGA, and question in the finals were able to handle spending a few arguing for Martin. "The enjoyable and fair. "It was extra dollars if that is true first night, I was only asked applied equally, to everyone. to have the convenience of one question...." As I said to Leslie, after the Swift complete round—'we just got ham being downtown. I know that I would personally rather elimi- her sentence. " ...And they mered.' But at least everybody got hammered." nate the need to drive to the hammered the PGA that Swift described how night. I thought that was bars afterwards because nothwas so because it two the felt when they found ing is worse than being dressed unfair, obvious that these out the results of the final up and drunk with nowhere to blatantly our with round. people agreed "Rachel and I were go. So, SBA, if you are the let that argument they just really surprised that we won, voice of the students — start us go." because both Brian and Andy listening to what we have to say said that are on law review...they're Trapp because I can name 10-15 this was not a omnipresent great people, really committed, people who are debating not however. and phenomenon, they do a lot ofhard work. going if the Ball is at Samuel's. second our "The We were surprised when they night, Thank You, were fabulous when said judges "appellee won;" we had to Omar Gomez — 2L we were off-brief. They take a second and say 'Wait a asked everybody the same minute, are we on or offbrief?" Letters To The amount of questions." The two concluded Aside from this, that adequate preparation, and Editor and other subthe unique circumstances of in particular the practice missions are welthe case posed another sessions were the Board, were come: All submisfor the the two factors they helped challenge As Swift competitors. put them to victory. sions shouldbe in our it: "Well, they always asked The Moot Court has lands by approxius if we played golf, and tapped its first round of selected Board Members as of nately SPM on we'd be like 'n0....' The team Thursday, November 5. The Thursdays (the earmentioned how helpful the new Board will be announced ier, the better). practice drill sessions in next week's Opinion. — — — — j Please include both a hard copy and a copy on Word Perfect 5.1 (if you ask nicely, we'll evne return your disk). The Opinion is located in the basement of O'Brian Hall. About 20 miles ■ ~ c Samuel s Hyatt" "="[] |—-| LJ Bars LOUNGE UPDATE The furniture is in place. The security system and procedures are a go! All law students received forms in their mail box with instructions on how to get access to the new Law School Lounge. Opening date should be very soon. Return the required information to Tiffany Weiss in room 312, O'Brian Hall, and soon you will be one of the "in crowd" hanging out in our new student lounge. �November 9, 1998 6 away my rights. Likewise, if my doctor THE ANARCHIST Voting, II Another exciting offyear election has come to an end, and not. much has changed. The pundits tell us that since the Democrats picked up 5 seats in the House (still minority party) and 0 seats in the Senate (still a minority party), this was a GREAT election for Democrats, and that this was very bad for the Republicans. Of course I, being nei- ther Republican nor Democrat, took solace in the fact that Jesse "the body" Ventura (of WWF wrestling fame) body slammed his way to the Governor's position in Minnesota (giving me a new found respect for that state). Otherwise, the usual cast of politicians won across the country. Al D'Amato lost his Senate seat of 18 years, but he lost it - to Chuck Schumer I don't consider this to be a big change. Had George Pataki lost his governorship to Grandpa Al Lewis (of The Munsters fame), I would have been a little more enthused. Turnout for this year's election was average for a mid-year election, with approximately 37% of eligible voters showing up. Remark- ably, this was considered a good turnout, since "lower than usual" turnout was predicted. We are indoctrinated from an early age that we should vote. Those who don't vote are labeled as apathetic, indifferent, or some other derogatory term. I am here to disagree. 1 have several fundamental problems with the concept of voting. Voting is a convenient way to get people to accept things that they would normally NEVER accept. The idea is this: Get people to think that they have participated in the process. Trick them into thinking that their vote meant something. Then, and perhaps subtly the most important, label those who do not participate as "apathetic" or "not caring." Finally, create the myth of the "wasted vote." Here is how the plan works: (A) From a very early age, start telling kids that voting is important. This way they start to really believe personally that voting is a goodthing; (B) As the kids get older, explain the process by teaching them how it works from a very unrealistic point of view. Use the Federalist Papers to should need permission of"the people" to obtain such items (and the reality is, despite what (E)- by Russ Klein -(A)ardent prohibition supporters and moralists say, some patients cannot physically swallow or keep down conventional non-major candidates. This is show how the process is depain relievers). signed to work. Tell them that nearly as important as the last 1800's anarcho-capitalthere is free and open debate step, since it helps insure the ist lawyer Lysander Spooner (you must be careful and skirt political duopoly in power by discussed this problem in his around the issues of why third scaring those that do choose to series of calledM? Treaessays and minor parties despite on vote into one camp or the son - The Constitution of No the ballot in all 50 states ~ are other. Its not as simple as that Authority. He pointed out that excluded from the debates. you are caught in a catch-22 of course. New York state sets The debates are often sponsituation when elections are sored by groups such as the up serious roadblocks to getheld to decide issues that are League of Women Voters. ting on the ballot, and the Reto you. For eximportant They have never adequately publican Party has battled said, he ample, if aproperty tax explained why they systemati- tooth and nail trying to keep to vote, you would vote is up cally exclude candidates from the Libertarian Party off the ballot in many states. The in self defense to protect yourthe debates). This is very imLeague Of Women Voters and self from the tax. But this portant to build up an unrealdoesn't mean that you accept istic picture ofhow the system the television networks exthe process that could end up works, and leads us into the clude third parties from the detaxing you (much as if you are bates (unless you're a bigfinal two parts; attacked and you physically (C) Now, once there is bucks candidate like Perot), defend this does not yourself, an unrealistic picture of how despite being on theballot in all mean you support violence). the system works, youngadults 50 states. a soludid not have Spooner But this aside, I do not get a view of how the system tion to to except the problem, really works. Also, the politi- believe that our rights should abolish as we government cians and the media step in. be up for election. If the state it today (of course, The media labels those who put a ballot issue out that states know was also a little bitter Spooner "all people of xxxx group shall don't vote as "apathetic." Polithat the government enacted ticians will tell us that we get no longer be protected by the to counter his laws specifically to decide. It is our choice, so Constitution," should I vote successful highly private post we should follow through on against it? Obviously I would office for a better collection thatright. These young adults, be against it, but if I voted of his views and his experidisgusted by what they see, do against it,might I stillbe sending the message that I approve ences, check out the compilanot vote. tion book LetsAbolish (D) Finally, for those of this process? I do not acgovernment! by Lysander that do vote, we are told that cept nor do I believe that the which includes the Spooner, we shouldn't "waste" our vote nebulous concept of "the mentioned essay). previously or "throw out" our vote on people" should be able to vote Henry David Thoreau explained the problem in a different light, in his essay Civil Disobedience. Thoreau described voting as doing nothvote, has a sacred responsibilthey have a job and a nice car ing but merely feebly expressity to learn about what we are and house, it doesn't matter ing what you wish to be done. voting for. If we do not, and what the politicians do. A Unfortunately, Thoreau's sumvote anyway, we are pervertdamn pity. Here's a golden mation is partially incorrect. ing our system of government. opportunity to send a message The main power of voting is It will come back to haunt us. to all those that intend to lead the righteous scoffing by the In fact, if I hear correctly this country, that we don't want winners of the election that ("Politicians suck!), it already our politicians to suck any"the people have spoken" and has. I know, I am an ignorant more (no pun intended). I bet "you had your chance, but you dumbass, "but hey, it's my withinthat majority belongs a lost." Whilerejecting the right little person called you. You of"the people" to decide what right." But you say, "it's not my bitch and whine because poliis right for me, I am not forfault; it's the fault of the lob- ticians are only in it for themgetful of the sort of power that byists and the politicians' selves, and when you get a such a claim of legitimacy can greed." Come onalready. You chance to tell the politicians to hold. voted with your eyes closed worry about this country inAll political systems and and so did your parents. You stead, you put your head in the methods have their problems. voted these people in. Why sand. But hey, it's your right. The with problems Ah yes, I did vote for a authoritarianism and monardon't you take responsibility and learn about what you're SBA representative without chy have been examined by voting for? If you don't know, having a clue about anything. this author in the past. The don't vote. Stop perverting the Does it piss you off? It should. problems of democracy, howsystem. Vote in people who are I perverted the system, and I ever, are a great deal more not going to listen to lobbyists might have to put this school tricky, because of the illusion and aren't greedy. If you don't in decline. You do it to our of control to the people. Deknow who they are, don't vote. country. I do it to your school. mocracy is the best of all curStop ruining our country. Stop But hey, it's my right. rently realized system, I supthe attitude oflive and let live. pose. This does not mean that I don't give a rat's ass, if it is Editors note: The Opin1 should like it. My solution? ion does not edit the personal Eliminate the system (and the your right. need for the system), of In the polls, the majorexpression of those who subity of people in this country, mit. Be sure to edit beforeyou Continued on page 7 — - I Asked By JIM C. SCHINDLER (2L Visiting) Well I asked for it, and now I will give myself my opinion. I was asked recently to vote in the SBA election. "It's my right," I was told. I have no stake in the election. I will not be here when those elected will imprint their mark on this prestigious school. I also had no clue for whom I should be voting. I haven't seen these people before, much less heard of them, and even less knew if I wanted to have them representing you in the SBA. But hey, it's my right. Talk about the blind leading the blind. Guess what, I picked one of those names, and now you have a representative you may not want. Hell, I could've run as a write-in candidate, and you might've gotten a representative that really couldn't give a hill of beans about UB Law's problems. A pity, but hey, it's my right. Surely, I jest, but think about it. This is a typical see- nario every two years in this country. All I hear these days is how politicians suck. Do they? Well, that's a debate that Congress can have after they get done with Clinton. But, assuming they'll find that they do, it's your fault. You think you have this right to vote. You don't know about the issues. .. You don'tknow the candidates. Yet, you vote because hey, it's your right. So you go into that voting booth, see an issue caption, vote your gut; look for a D or an R, punch a little whole in the card; slip out of the booth, get what you voted for, and then complain that everything sucks. What in the hell kind of democracy is that (Actually, this country is not a democracy, but that is another "I asked for it" opinion.)? That's a democracy that is swiftly in decline. But, "come on, you idiot, it's my right." The Constitution did indeed give each of us a right to vote, but along with every right, comes a responsibility to use that right correctly. Every one of us,, especially those who believes that marijuana is the best way to treat my medical problems or medical discomfort, I do not believe that I for It don't care about the Clinton scandal. They figure that if send it on in. �Volume 50, Issue 9 Listen To Your Heart Continued from page 1 ester and began working as a "line attorney" in the DA's sex crimes division. He secured a Masters in Public Administration and was headed for Washington when the bureau chief position opened up, keeping him in the Buffalo area. As isthe case with many aspiring attorneys, Mr. Wienmann had not originally intended to pursue the criminal law. He gave the students the following advice. "Listen to ymir heart". Knowing what area oflaw to pursuerequires a degree of self reflection to find where your interests and talents lie. In explaining how he has not experienced the burnout which many lawyers experience, he referred to the fact that he chose to pursue the path which was right for him. This was not the obvious path for Mr. Weinmann to follow as he came from a family of physicians and could arguably have made more money elsewhere. Yet, therewards from this exciting and unpredictable work has carried him beyond the limitations of being simply a "line attorney" and have afforded him the success and satisfaction he seems to experience. This, sadly, appears to elude many attorneys who choose a career less for the satisfaction than the paycheck and prestige. He stated the District Attorney's Office likes to see some record of their genuine interest in the criminal law when considering jobcandidates. Other elements he cited as important to gaining entry to a prosecutors office included a strong character and solid ethical integrity. Communication and people skills were also stressed as paramount. Much ofwhat a prosecutor does each day involves meeting with people and clearly communicating issues. These are the sorts of things which cannot be learned through a book. Mr. Weinmann discussed how important actual practice is to becoming a proficient prosecutor. He stated that there is very little formal training in the DA's Office. Soon after starting, a new attorney is thrown into the courtroom to learn the skills ofthe trade in a trial by fire. This is perhaps why most offices will not consider hiring an individualuntil they have passed the bar. He recommended that an excellent way to gain some of this experience and to see how the office operates is to intern. Though the DA does not pay its interns they stand to gain outstanding and varied experience. When asked about the effects of which acting as a pros- ecutor has upon him, Mr. Weinmann stated that some degree of personal danger is an element of the job. He stated that one must simply trust that the psychotic mind is rational enough to know that the prosecutor is merely doing a job. He also believes that the number of people involved in a prosecution, from police to sentencing officers, helps to diffuse a criminal's anger toward any one person. This perspective of "merely doing a job" helps to keep the prosecutorial and defendant's lawyers from taking it too personally or being acrimonious towards each other in most cases. He likened it to an old Warner Brother's cartoon in which the characters cordially punch in together at 9, immediately go about beating each other up, and then at 5, punch out and immediately resume being civil toward each other. This is not to say that everything is always smooth. Politics does enter into the DA's office as everywhere in life. There is politics involved in the many different agencies juggling competing jurisdictions. There is also the politics involved in getting, and keeping, a job in an office answerable to political entities. Mr. Weinmann gave the example of the specter of turnover when a new Attorney General is elected. Sometimes nothing changes, while at other times many people maybe demoted to line attorney positions or be out of a job entirely. His advice for working in a DA's office basically amounted to staying flexible and light on your feet. Mr. Weinmann addressed the question of whether working for a defense attorney hampers one ability to act as a prosecutor. He agreed that a potential conflict of interest occurs for attorney's who try to switch mid stream. This necessitates getting a release form clients served in a defense capacity that they understand theirformer attorney might soon be on the other side of the table. He stated, however, that this is not really a problem for students who might be doing work for a defense attorney, yet, with to practice The Anarchist Continued from page 6 course. Meanwhile, despite thefact that many "analysts" labeled the voters of Minnesota to be idiots who would regret their decision (this is true, I heard this on CNN, where news announcers could not stop themselves from ridiculing the prospect of "Governor Jesse Ventura"), I am happy that he won. Yes, heis now a part ofthe "system" that I so despise and distrust, but he beat the two party duopoly. That in itself is a great accomplishment. Top Ten Reasons Stupidity should be a crime Submitted by Howie Beyer 10. Idiots who max out at 40 in a 55 M.P.H. zone. 9. Food service on cam- pus. 8. Air conditioned snow plows (big demand in NYC). 7. New Jersey. 6. Movie sequels 5. Those chimes that play Jingle Bells over, and over, and over on every tree in Walmart around Christmas. 7 4. People who find their Civil Procedure book to be useful. 3. Jessie Helms. 2. People who look at you as if you just molested their dog, and then run away when you ask to borrowtheir cellphone to report afire that is clearly burning, smoke and all, two feet to your right. (True Story) 1. Anyone who helped to inspire this list! (They wouldn't know who they were). SB A President's Corner By Tonya Guzman I am sure everyone is tired ofthe controversy over the ball. However, there are always 3 sides to a story and the students are entitled to hear every side. Therefore I address the following: The Survey The last count given was done 3 weeks after the responses were in. 1LVince Gregory counted them and immediately prior to my last Opinion article, 3L Tanya Green counted them. They remain in the SBA Office for anyone who wishes to see them. The deposit Most of us know that any paperwork takes a while to complete and because fall break was approaching it was important to begin the paperwork as soon as pos- sible. Yes, the ball is in March, however, many groups and wedding parties reserve dates far in advance and the longer you wait the less chance you have of obtaining the date you desire. I asked Betsy to assist in the paperwork process and because she preferred the DT location, and she did not mind paying $40 for a ticket, she was quite hesitant to assist me and informed me that I needed her signature to complete the paperwork. I informed her that I was the President (as opposed to a rep) and any four E-board members can sign the required papers. As per my conversation with Sub-board, they require any 2 E-board signatures. Part of this reason is so that no one person has total control. The deposit was not handed in until 3 weeks after the submission of the survey. After weighing all the factors, the SBA Vice President Kirn Fanniff and myself signed off on the paperwork for the Ball. the one who decided to discuss room discounts with him, however, Mr. Scime informed me that would not be able to offer any arrangement lower than $35.00. He also stated that he felt we were offered a great package at Samuels. Interestingly, at our first SBA meeting, Betsy opted not to be on theBall Committee. Nevertheless, she had plenty of opportunity to continue her discussion with myself, Kirn or at our bi-weekly board meetings, yet this was never done. Having been involved with the SBA for the last 3 years, I have grown accustomed to varied opinions and conflicts amongst its members. I can only Continue to perform my job and represent the students needs. Price Both prices given were prefaced with the word approximately. Nothing is in stone until you choose your entre, open bar, and whatever other variables you opt for, but that is not discussed until you hand in your deposit. I was * Editor's Note: This column is not intended to act as a viewpoint of the newspaper, and we invite all interested parties to contribute to the debate as they see things. as a prosecutor. There will surely be more panels put on by the Criminal Law Society. These are certainly worth attending from an informational point ofview. An additional reason to attend is their functions is that this is one of the few clubs to provide good food during their presentations. The attendees had the benefits of soft cookies and a vegetable platter throughout the discussion, well worth the price of attendance. Cartoon by 3L and Layout Swami Ken Grant �Volume 50, Issue 9 SPORTS na o Opi i\ioi\oit'fi,., By DAN BAICH The 1998 New York Yankees. 125-50 (including postseason). Greatest Team Ever? We will probably never be able to say for sure. It is very difficult to compare teams from different eras because ofthe way the game of baseball evolves and changes. The debate will probably continue in places such as Stan's Sports Bar and the Brooklyn Dodger for as long as baseball exists. There is no scientific way ofcomparing teams from different eras. Alas, here is my attempt to prove (we ARE law students after all) what I believe, that the 1998 Yankees are the best ever. I will analyze the five best teams from major league baseball history, position by position, to see how this 98 team measures up. The criteria is simple, 107 regular season wins and a World Series Championship. Left offthe list, any great team that did not win the World Series (Sorry '06 Cubs fans), and, in my opinion, the greatest team ever, the 1936-1939 New York Yankees, who wonfour straight championships and dominated an era, but never put together that oneremarkable season. Remember, this is for the greatest team in baseball history for one season. The 36-39 Yankees are without comparison when examining a multi-year period, but that's a debate for another column. So, here are the contenders (1)-the 1927 Yankees (110-44, a .714 winning percentage, a 4-0 Series winner over Pittsburgh), (2)- the 1961 Yankees (109-53, .673 winning pet., a 4-1 Series winner over Cincinnati), (3)- the 1975 Cincinnati Reds (108-54, .667 winning pet., a 4-3 Series winner over Boston), (4)- the 1970 Baltimore Orioles (108-54, .667 winning pet., a 4-1 Series winner over Cincinnati), and (5)-the 1998New York Yankees (114-48, .704 winning pet, a 4-0 Series winner over San Diego). Of course, there are many great teams excluded from this list for either lack of victories or the failure to win a 8 World Series, (honorable mention to the '86 Mets, but if you need a ninth-inning error to win your validating World Championship from the most cursed franchise in all of sports, shame on you). The accompanying chart illustrates the rankings for each position player onthese teams, as well as the pitching staffs and benches. I'll let the position statistics speak for themselves, I can't see too many arguments ensuing when the numbers are there in black and white. The pitching counts triple because of its impact on every game. The bench statistics count double because bench players are critcal over a long season. The '70 Orioles had three 20 game winners and.two closers with 13and 12 saves respectively. The '27 Yanks had three starters with 18 wins or more and their closer had 19 wins and 13 saves. The '98 Yanks had 3 starters with 16 wins or more and a closer with 36 saves. The '61 Yanks had 2 starters with 16 wins or more and a closer with 15 wins and 29 saves. The '75 Reds didn't have a starter with over 15 wins (they had three with 15) and their closer had 22 saves.. As far as bench production the only other teams besides the '98 Yankees to have someone hit over 10 home runs off the bench or drive in more than 40 runs are the '61 Yankees who had Johnny Blanchard hit 21 HR with 54 RBI, and the '70 Orioles who had Merv Rettenmund, with 18 HR and 58 RBI. The '98 Yankees had three players hit over 10 HR, and two who drove in over 50 runs. Allright, I will admit myaverage of rank system is not the most scientific, but can you come up with a better one? Based on the numbers, the 1998 Yankees are better than the '70 Orioles and the '27 Yanks The '61 Yanks finish fourth and the '75 Reds fifth. Hopefully, this numerical look will put the debate to rest (yeah, right). I, however, am confident in saying the '98 Yankees are the best team ever. Just remember where you heard it first... Comparison Chart First Base 1-Lou Gehrig ('27 Yanks, .373 BA, 47 HR, 173 RBI) 2-Boog Powell ('7O O's, .297, 35, 114) 3-Tino Martinez ('9B Yanks, .281, 28, 123) 4-Tony Perez ('75 Reds, .282, 20, 109) 5-Bill Skowron ('6l Yanks, .267, 28, 89) Second Base 1-Joe Morgan ('75 Reds, .327, 17, 94) 2-Tony Lazzeri ('27 Yanks .309, 18, 102) 3-Chuck Knoblauch ('9B Yanks .265, 17, 64) 4-Dave Johnson ('7O O's, .281, 10, 53) 5-Bobby Richardson ('6l Yanks .267, 3, 49) Shortstop 1-Derek Jeter('9B Yanks, .324,19, 84) 2-Dave Conception ('75 Reds, .274, 5, 49) 3-Tony Kubek ('6l Yanks, .276, 8, 46) 4-Mark Koenig ('27 Yanks, .285, 3, 62) Belanger ('7O O's, .218, 1, 36) (lark Third Base Reds, .317, 7, 74) 2-Brooks Robinson ('7O O's, .276, 18, 94) 3-Scott Brosius ('9B Yanks, .300, 19, 98) 4-Joe Dugan ('27 Yanks, .269, 2, 43) 5-Clete Boyer ('6l Yanks, .224, 11, 55) etc Rose ('75 Left Field 1-Bob Meusal ('27 Yanks, .337, 8, 103) 2-Yogi Berra ('6l Yanks, .271, 22, 61) 3-Don Buford ('7O O's, .272, 17, 66) 4-Ken Griffey ('75 Reds, .305, 4, 46) Curtis ('9B Yanks, .243,10, 56) rd Center Field 1-Mickey Mantle ('6l Yanks, .317, 54, 128) 2-Bernie Williams ('9B Yanks, .339, 26, 97) 3-Earle Combs ('27 Yanks, .356, 6, 64) 4-Paul Blair ('7O O's, .267, 18, 65) 5-Ceasar Geronnimo ('75 Reds, .257, 6, 53) Right Field 1-BabeRuth ('27 Yanks, ..356, 60, 164) 2-Roger Maris ('6l Yanks, .269, 61, 142) 3-Paul O'Neill ('9B Yanks, .317, 24, 116) 4-Frank Robinson ('7O O's, .306, 25, 78) Foster ('75 Reds, .300, 23, 78) leorge Catcher Iston Howard ('6l Yanks, .348, 21, 77) Bench ('75 Reds .283, 28, 110) orge Posada ('9B Yanks, .268, 17, 63) at Collins ('27 Yanks, .275, 7, 36) Hendricks ('7O O's, .242, 12, 41) eohnny Nil ie ching Staff (Counts Triple) l-'7O Orioles 2-27 Yankees 3-'9B Yankees 4-'6l Yankees 5-75 Reds Bench (Counts Double) l-'9B Yankees 2-'6l Yankees 3-'7O O's 4-75 Reds 5-27 Yankees Final Totals (Average) l-'9B Yankees 3.45 2-'7O Orioles 3.81 3-27 Yankees 4.00 4-'6l Yankees 4.18 4-75 Reds 4.90 HELP!! The Student Bar Association and the Opinion are forming a committee to help deal with The Opinion's financial situation. If you are interested in helping insure the long term stability of YOUR law school newspaper, then join us in our quest for financial stability. All interested students are welcome. Please contact SBA Representative Vincent Gregory, IL, or Editor In Chief S.A. Cole, or Op/Ed Editor Russ Klein (rklein@acsu.buffalo.edu) for information on how you robotic multiplicity can help out. � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Opinion, 1998-11-09 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. The Opinion no. 9 09.11.1998 Date Issued Date of formal issuance (e.g., publication) of the resource. 11/9/1998 Bibliographic Citation A bibliographic reference for the resource. Recommended practice is to include sufficient bibliographic detail to identify the resource as unambiguously as possible. 50 9 Publisher An entity responsible for making the resource available University of Buffalo State University of New York at Buffalo Law School Language A language of the resource eng Type The nature or genre of the resource Newspapers Text Is Part Of A related resource in which the described resource is physically or logically included. LIB-LAW003 Rights Information about rights held in and over the resource <a href="https://rightsstatements.org/page/CNE/1.0/">COPYRIGHT NOT EVALUATED</a>. The copyright and related rights status of this Item has not been evaluated. Please refer to the organization that has made the Item available for more information. You are free to use this Item in any way that is permitted by the copyright and related rights legislation that applies to your use. This digital collection is made available for research and educational purposes. Researchers are responsible for determining copyright status, and securing permissions for use and publication of any material. Copyright for items in this collection may be held by the creators, their heirs, or assigns. Researchers are required to obtain written permission from copyright holders and the University Archives prior to reproducing or publishing materials, including images and quotations. For inquiries about reproduction requests and permissions, please contact the <a href="http://library.buffalo.edu/archives/">University Archives</a>. If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/8a55b343465830e74076aee2a86b11b3.pdf 9e23a7fa731b56b22e83da51b88203ea PDF Text Text UB Law School's "Preeminent" Student Publication wings.buffalo.edu/law/opinion fhe Only News You Need f.u; J. 05, S.lO Canada (/«»! kiditing) 50 OPINION YEARS OF THE OPINION >>>o^^^::^^::^^^:•^:'^^:■^^:::-::^^^:^::::■:::::::::::::■::::::::::::: :^:: x: Vol. 50, Issue #8 "Vi Veri Veniversum Vivus Vwi" November 2, 1998 Comments on the Death of Dr. Slepian Professor Lucinda Finley Comments on a Women's Right to Choose tinues to work on this clinic- by S.A. Cole On October 23, 1998, Dr. Barnett Slepian was shot and killed, gunned down by a sniper whom authorities believe to be responsible for the shootings of at least four other abortion providers. This incident is the latest in a string of abortion-related violence in Western New York. On October 29, the Opinion talked with UB Law Professor Lucinda Finley, who is deeply involved in Western New York's struggle to protect a woman's right to choose. Professor Finley, who argued the abortion-related case Schenck v. Pro-Choice Network ofWestern New York before the U.S. Supreme Court in October of 1996, and con- protest injunction case before the U.S. District Court here in Buffalo, is familiar with the harassment and threats experienced by those who obtain or facilitate abortions. "Anyone who's involved in protecting, securing, and providing abortions for women is a potential target," said Professor Finley. "Everyone who works in providing abortion services constantly gets threats." "People who run clinics, or work in clinics, get crank calls—or who knows, maybe not so crank. They get threatening phone calls at their homes all the time." The problem becomes deadly when coupled with the difficulty ofprotecting the lives of abortion advocates and providers on a day-to-day basis. "Every time something tragic happens, for a few weeks or months, everything will be on high alert-and then people will get complacent again," said Professor Finley. "I think we're kidding ourselves if we think law enforcement is going to [protect] all of us, every day, for the next eighteen years." However, Professor Finley firmly believes that the recent violence, and the constant risk, has not deterred those committed to a women's right to decide her own reproductive future. "The outpouring of calls from doctors and physician's assistants around the country offering to come help out the clinic in Buffalo has been very gratifying..so certainly not all doctors are being scared away." While Professor Finley acknowledged that some doctors may find the dangers too great to continue performing abortion services, she stressed that "I could hardly blame someone for putting their personal and family security first." When asked about the viability of performing abortion services in hospitals, iastead ofeasily targeted clinics, Professor Finley responded with a look at the history and role of clinics in the women's movement. "There is a very long and complicated history here. Initially, the move to clinics, shortly after Roe v. Wade, was part of the women's health movement, when not very many hospitals would provide abortions, and those that did were charging extraordinarily high prices. "For first and second trimester abortions, there's absolutely no medical reason why it needs to be done in a hospital, and abortion done in a hospital is invariably going to cost at least twice, maybe three times more. So the initial move to clinics in the '7()'s was a feminist health-movement inspired trend to make abortion more accessible to more than just middle and upper-class women, and wanting to have it in a women-centered, caring, compassionate ter, my friends, strangers are Mourners left flowers and signs in rememberance of Dr. Slepian at the premises of his office on Maple Road on October 25, 1998. Continued on page 3 Professor Carr Speaks out on the Parker Verdict, Slepian's Murderer, and Hate Crimes by Russ Klein and Peter Nicely pointed out that from this side of thejudicial system, we can't be sure of why she came to that The conclusion of the conclusion. "When she enJonathan Parker murder trial tered into deliberation in the and the assassination of area sentencing phase, she already 08/GYN doctor Barnett heard the evidence that Parker put in mitigation. So it may be Slepian thrust the criminal justhat that is what moved her to tice system back into the forefront of debate. the point, and the law says she The jury in the Jonathan is allowed to do that if she hears Parker case finally returned something in the mitigation with a sentence of life in phase that she is satisfied it stands in mitigation of the prison. Carrreacted to the sendeath sentence." tence by stating that "as a perWhile some talked about son who is not a proponent of the death penalty, I would say possible sanctions for this juit's a difficult thing to be satis- ror, Professor Carr said it fied with one way or another. would set a bad precedent. He Onehuman being lost his life, compared it to the attack now for what is essentially a senseagainst the Clinton Presidency, less reason no matter what it not for how it would hurt the is, and another human being president personally, but for has all but lost his life. I mean, how it will affect the institution this is a kid compared to me, ofthe presidency. An attack on at least, and he'll be in jail for this one juror could have a "chilling effect" on future juthe rest of his life with no possibility ofparole, so its a lose- rors. Carr said that he believes lose situation, but I think for that it stacks the deck to exme its preferable to killing." clude anyone unwilling to supThe aspect of the sentence that sparked the most port capital punishment from a outrage for many people is the death penalty case. "What it report that one jurorapparently says is that at least there is no refused to consider the option chance from what people say of the death penalty. Carr here, that they won't consider . this. There is every chance that they will. I don't think its really fair." Professor Carr pointed to life in prison as being a worse sentence. "I made a choice to do an act of violence, and as a result of that, I can't make anymore choices." He scoff- | ed at those whopointed to cable television and nice sneakers, saying "the truth is that somebody else has the key." Once we execute them, "they are dead and gone for all we know, its over for them. You put them in jail, every day they have to think that my brother, my sis- doing their Christmas shopping now, taking their kids to a movie, eating at their favorite restaurant, and I'm here." Following the murder of Dr. Barnett Slepian, there was Continued on page 3 STUDENT LOUNGE ALERT!! Inside This Issue... Tardy Law School 3 Grades "Will the lounge be done before we graduate?" --an SBA student representative, at the October 28th SBA meeting. After being informed about students disgruntled at the amount of time the reno- the Opinion: "The lounge will be done in two weeks." SBA President's Report. 3 Students should be on the lookout for a memo telling them when and where to register their ID numbers so that they can have access Ahren at the CSO tells it like it is!. 4 vation of the student lounge is taking, Dean Carrel told to the lounge. Dan's Super Cool 12 Sports Page Plus pictures!! �2 November 2, 1998 Stress Management: Calming the Rage Within The other day, I almost put my @#$% boot through my @#$%& computer. The reason? Well, there were two. The first one: I couldn't find the little computer command on "Microsoft Word" to make my document format to "line skip." Oh, 1 found the icon to make my document look like a 17"-century marriage contract, and I found the icon to make my document look like a futuristic domestic partnership agreement. But I couldn't find the "line skip" icon, even though when I use "Wordperfect" (generally thought to be the same thing as "Microsoft Word" especially by many people who submit to the Opinion) I find it with practiced ease. Like a stereotypical fifties secretary, iastead of a hip, technologically-adroit nineties law student, I called my boyfriend to fix the problem. The conversation went something like this: "Hi, darling/" "WHERE IS THE , GODDAM 'LINESKIP BUTTON ON YOUR NO-GOOD COMPUTER, YOU LOUSY PIECE OF MMMMMFFFFFFFFIIISOSDOIF... " Only a subsequent explanation, telling him I was in the middle of a midterm (take home. Honor code. Had to be typed.) saved my relationship. But then again, it may still be in jeopardy. Because, aside from what will soon be known in my house as the "line skip" incident, there is another boot-through-the-computer thing going on in my life. It's a phenomenon I'm sure all of you can relate to: the semester is well on its way to being over, and my life is turning into a high-stress, sleepdeprived mess. I don't know about you, but times like these inspire my imagination to new heights of violence and creativity. They also inspire my nearest and dearest to run for the hills, or, at the very least, make sure I am presented with a stiffdrink to de-fuse me at the door. Because of these nearest and dearest, I do my best at these high-stress times to get rid ofalmost all my aggression, anger, and angst before they come home, or when they are in another room. This involves a bizarre amalgam of activity that really makes me see...well, sort of weird, but also saves me lots of money on therapy. In the interest ofhelping out my fellow law students, I would like to share some of these techniques with you. Bear in mind, what's good for the goose might not be good for the gander, or, more colloquially speaking, what's good for the Opinion Editor might not be good for the People She Inflicts the Opinion On. But it's all in good fun, 50... Patented Cole StressManagement Technique Number One: INTERACTIVE NEWS WATCHING As my first-year roommate will tell you, there is nothing I enjoy more than unleashing the pain and anguish that is my life on the innocent faces of Bonnie Batista, Wolf Blitzer, Dan Rather, or that cute couple, McNeil & Lehrer. "This week, President Clinton admitted to indulging in an 'inappropriate relationship' with former White House intern, Monica Lewinsky. Analysts say- " "Quit mincing words, Wolf! She jackedhim off! Who gives a rat's ass what 'analysts' say, I want you to find the tapedphone sex calls! We managed it for Nixon! Don't let me down, Wolf! " As that same former room mate will also attest, getting your rocks offlambasting media figures is a rather unmerciful amusement for those WEQOTLETTERS! DearEditor ofthe Opinion... The Opinion welcomes letters to the editor from all members of the UB legal community. If you don't speak up, people can't hear you! Editor in Chief. Graphics and Layout Editor Business Manager Managing Editor I S.A. Cole Ken Grant Dan Baich Cindy Huang Staff: News Reporter News Reporter Columnist Op/Ed Editor News Editor Web Editor Web Editor Photographer Russ Klein Vacant Leonard Heyman Russ Klein Ken Grant Columnist/Chauffer Columnist Columnist Columnist Columnist forced to share your TV with TURES OF BAD PEOPLE. you, but hey--it's better than Who are bad people? climbing to the roof of your Why, anyone who gets in my apartment with a loaded shotway, of course! The less exgun, eh? travagant (and non-occult) Patented Cole Stress- equivalent of a voodoo doll Management Technique with pins, drawing unflattering Number Two: SHOPPING. portraits of one's enemies is a Yes, for clothes. Hey— great way to achieve inner lay off, I'm ashamed of myself peace. as it is (this is one of those Think you can't draw? "dirty little secrets" you don't Bah! As anyone who's seen broadcast for light or transient my drawings can tell you, I causes). have the artistic talent of an And what do you epileptic frog/Editor's note to MEAN: "She buys new her own editorial:please note, clothes?" the author is not making fun Patented Cole Stress- of epileptics! As history Manag—aw, you know what shows, an unusually high numabout: ber ofepileptics haveachieved talking I'm FLAMBOUYENTLY SMOKgreat fame in the visual and ING CIGARETTES. literary arts. What the author Nominally, I have quit. is actually making fun of is Or rather, I go long stretches frogs, the irony being, even if without smoking. Or, evena frog had the artistic benefit more-rather, I haven't quit at of epilepsy, they have no arall, but I'm a lot lazier about tistic talent.] But everyone is finishing a pack than I was in a poet, writer, artist, or modmy collegial years. Now, I'm ern dancer. So draw your Redown to about a pack a month. search & Writing instructor! For all you non-smokers Give 'em fangs! Draw the out there, you don't need me to idiot who puts the Opinion in tell you: don't start, no matter your box every week! She's how stressed you are. responsible for the demise of But for all you smokers hundreds of trees! She gives out there, I bet you understandyou more stuff to read! That -there's nothing like the delight bitch! of stress coupled with a chokey, Technique Number Five: KILL EVERYONE smoggy cigarette. When smokWHO USES TOO MANY ing a cigarette, a frantic interlude that you had no control EXPLANATION POINTS. over suddenly becomes a scene Excuse me. I have to where you're the mover and the jump off a bridge now. Enjoy shaker! (No, really, all that cigathis week's issue ofthe Opinrette advertising has NOOion! Have a great week! OOOO effect on me). The enHappy stress! tire attitude of the stresssmoked cigarette conveys an S.A. Cole air of"Things may be about to Editor-in-Chief explode, but if they do, I'm the one who lit the fuse." Of course, the heart attack you later get conveys the air of "God, what an idiot I've been," but hey, those extra twenty years of life span are probably over-rated, anyway. Technique Number at Four: DRAWING BAD PlC- Dave Allen Peter DeWind Howard Beyer Gabe DiMaio Randy Janis Katie McDowell Peter Nicely Adam Perri The Opinion, SUNY at Buffalo Amherst campus, 7 John Lord O'Brian Hall, Buffalo, New York 14260, (716) 645-2147, is published weekly throughout the Fall and Spring Semesters. The Opinion is thestudent newspaper of the Stale University of New York School of Law. Copyright 1998by the Opinion, SBA. Any reproduction of materials herein is strictly prohibited without the express coasent of the Editor-in-Chief and piece writer. Submission deadlinesforall articles are every Wednesday preceding publication (if it's on disk, you can push it to layout time on Thursday...no later that 6:00PM, please). Submissions should be saved in IBM WordPerfect 5.1; please enclose printed copy for safety's sake. Write your box number on your disk if you want it returned. The Opinion is printed at the Buffalo Newspress. While the Opinion will not print libelous or anonymous material, all submissions shall be printed entirely and exactly (so proofread your male-rials), provided they are signed submissions from a member of the UB Law community (students, faculty, staff, alumni). The Opinion in no way endorses the viewpoints ofits various columnists and contributors. Considering that the Opinion isn't actually a sentient being, it also doesn't think there's anything wrong with any viewpoint expressed in this publication. Vi Veri Veniversum Vtvus Vici. "We have a First Amendment and we know how to use it." The Opinion's deadline is Thursday about SPM. All submissions should be in Word Perfect 5.1, and for safety's sake include a hard copy. Either leave a copy with us in the office, or in box 27 or box 95. �Volume 50, Issue 8 3 Tardy Law School Grades Comments on the Death Dr. Slepian Impact Students on Financial Aid ofContinued from pg. 5 able to register for classes. By S.A. Cole They've check stopped my Editor-in-Chief Late grades are often account." an inconvenience for law stuFinancial Aid, when dents, as they try to get jobs, asked generally about this figure out study techniques that matter, told the Opinion: work, and in general recover "That can happen with the from the stress of classroom TAP awards. You see, we performance anxiety. Waiting have to certify that a student months, or whole semesters, for has completed a certain a grade can be frustrating, but amount of work, and if the there's another aspect of late grades aren't in to get that grades that occasionally has certification, then there's no dire consequences. way to find out if they have "Every semester, I get sufficient credit to be a fullmy financial aid, and then they time student." take it away again," said a 3L, This problem only affects TAP and SUSTA, but speaking on condition of anonymity. "Our law professors definitely poses a problem don't give anyone any grades. for students whorely heavily It's a violation of the honor on financial assistance to get code for me to talk to the prothrough law school. fessor about my grades before According to Fithey're out. But then I don't nancial Aid, the problem can have enough credits, and my be rectified the next semester, when the grade is in. Financial Aid gets revoked." This student spoke "One the grade comes in, the anonymously to the Opinion award is re-instated. The for several reasons. One was grades are, as far as I know, the fear of retribution on the never more than a semester part ofprofessors late with their late." As we know, it is a grades. Another was their feeling that the honor code might rarity, but grades can be over be jeopardized by the mention a semester late at the law oftheir name coupled with late school. Late grades, coupled exteraship grades, which would with financially challenged make them readily identifiable. students, can result in sever Yetanother was their economic problems over tuition, enrollstatus, which is shaky due to ment, and meeting living exrevocation of Financial Aid. penses. "When they [Finan"I have no control cial Aid] finds out that the over how long it takes my grades aren't m...they take the professor to put my grade TAP money away. When New in," said the 3L. The student York State takes the money then lamented the amount of back, then they take the SUSTA time and worry this problem money away. I got a bill for has caused them, and their $1,500, right after I got the wish for the law school and Financial Aid to come to check for that amount." "When registration some resolution over the time comes around, I won't be matter. Professor Carr speaks... Cont'd from page 2 a report that with the present evidence, there was only enough to charge a potential suspect with second degree murder, and thus no death sentence. Professor Carr said that "In NY state, now that we have the death penalty, its covered by section 125.27 of . the penal code which is murder in the first degree. There are 12 aggravating circumstances that make you eligible for the death penalty .[including] killing a officer, police killing a corrections officer, killing someone while you are incarcerated in prison." Carr said that one possibility was if this turns out to be a contract killing, which is also covered by the statute. Carr rebuffed suggestions this that might be considered a crime. Even though New hate York State does not have a hate crime law on the books, he points out that there are already plenty of other laws on the books that cover a variety of crimes. "I can charge him with murder in the first or second degree, then in addition to that, I'll charge him with this hate crime. I don't know if we need that." While there are times, Carr said, that hate crimes might be desirable, he said that he believed that we already had sufficient laws on the books. Professor Carr concluded by stressing that we need to reconsider our mode ofaction with regards to the penal system. "We seem to be focussing our attention on trying to punish people after they have crossed the line, when I think we might do better. Its justlike drugs. The truth is, we have tried interdiction and incarceration for drugs for over 40 years, it's been a miserable failure." He offered the alternative of education and treatment from the front, to try to prevent many of the problems that we have now. "As a society, we seem ill equipped to stand up and say 'you know, we tried that, and it didn't work, we need to go down another path' when that is what we need to be doing." environment, rather than having it in the often impersonal chaos of hospitals. "There are many positive aspects to the whole clinic movement and experience, but the creation of clinics did further let hospitals feel like they didn't need to provide this service. "So clinics remain very necessary, but yes, it continues the problem of the medical marginalization ofabortion providers, and the greater vulnerability of the staff and patients ofclinics to harassment and violence." Professor Finley added that hospitals that provide abortions do get picketed. "The picketers, obviously, don't know who's going into the hospital for what reason...they just harass all the patients." Recently, the mainstream media has noticed and focused on a website called the "Nuremberg Files," a rightwing site that lists abortion doctors, the addresses of their homes and businesses, and a great number ofpersonal facts. When the "Nuremberg Files" were mentioned, Professor Finley had this comment: "I'm wondering why the media has all of a sudden discovered this website, it's been around for quite a long time." She also mentioned that these extremist anti-abortion groups are linked to white supremacist and militia-groups. Several groups, such as the Institute for First Amendment Studies, and the Southern Poverty Law Center, track the development of these sites, and trace the many ways they overlap. When asked if a revising mented on the nature of the provisions of Roe v. Wade, right-wing anti-choice miliperhaps by limiting abortions to tants: the first trimester (except for in "I don't see how anythe case ofemergencies), would one, in good conscience, afquell some of the stark emotions ter what's been happening, surrounding the abortion debate, can call anyone associated Professor Finley commented: with that movement 'pro"I think it's true that life. People who are truly people, at an emotional, gut pro-life do not go around level, feel less queasy about first advocating killing, encouragtrimester abortions, and if you ing killing, and doing killing. talk to most physicians who do So what they really are, is abortions, they'll tell you that anti-abortion." Professor Finley's uldoing later abortions is an extremely emotionally wrenching timate conclusion is that thing to do. But for people who anti-abortion militants are are opposed to abortion, they are motivated by an apprehension regarding the blurring of opposed to abortion," no matter how early. These forces, she gender roles in society. Nuadded, are not only opposed to merous works have been abortions, but continue to speak published, asserting that the world-view of anti-abortion out against birth control. Professor Finley is not activists only accepts "tradioptimistic about a quick and tional" gender roles. Scholars have characterized the easy resolution to this increasmindset of such people: ingly violent issue. "Unfortunately, I am pes"They feel very threatsimistic; I do not see it ending ened about women controlling their fertility, either any time soon. In fact, the viothrough contraception or lence has been escalating. One would usually not know from abortion, because they see it reading the media...for example, as a disruption ofthe natural in 1997 we had the most clinic order, where women are supbombings occur around the posed to 'Be fruitful and country since the mid-80s. If multiply.' I agree with that you look at trends, the violence analysis." is getting worse. It's not dissipating, or alleviating, at all. "I wish I could offer some words of optimism, but I see an even bleaker future...but on the other hand I think that, as more people become aware that it's not just abortion under attack these days, politically and medically, but also basic birth control/contraception, I think that may galvanize the sleeping Professor Lucinda Finley, masses out there." ardent pro-choice supporter Professor Finley com- . Translation of our Latin motto: E Pluribus Unum et Novutn Ordum Seclorum MobileMinutes* is: <i the easiest way to go cellular with no credit check, no contract and no bill a month as low as the only prepaid service with $15 calling cards MobileMinutes CELLULAR PHONE FREE ACTIVATION ! b.»m " includes $30 PREPAID CALLING CARD WH^T^k FOR JUST $99.95 mX m I § I 11 /rontier 1-800-676-3543 CALL FOR FREE NEXT-DAY |t..u DELIVERY *£&& < lUMmDn UieSTHOn* M HUHB Aye. 686-4300 FRONTIER CELLULAR STORE LOCATIONS: AMHERST: 1254 Niagara Falls Blvd. 831-0054* CHEEKTOWAGA: 2410 Walden Mall 635-9225* *Open Sunday Walden Galleria Mall 651-9163* HAMBURG: McKinley Mall 822-4381* WILLIAMSVILLE: Eastern Hills QUALITY MARKETS LOCATIONS: WILLIAMSVILLE: 499 Hopkins & Klein Rd. / 5274 Main & Union 'Price assumes monthly use ofless than 14local minutes. Phone model may vaiy. �November 2, 1998 4 THE PRESIDENT'S REPORT By TONYA GUZMAN Dear Fellow Law Students; I am on the Executive Board for Sub-Board I, where part of my responsibility is to sit on the programming grant committee to decide who receives the funds and how much. If any organization plans to submita grant request to Sub-Board your organization would be in a better position to receive funding ifI am aware of your application and the details involved. Additionally, I can discuss with you how to "word" your application in order to avoid decreasing or dismissing your request. Programming requests will be taken again in the spring, please see me if I can be ofassistance. Many concerns were voiced at the last SBA meeting. Andrew Zackroki and I met with Dean Olsen to discuss the following issues: 1) The Computer Lab: Q: Why is the lab monitor sometimes missing in action? A: The monitor is paid to be in the lab at the designated times at Dean Olsen will further investigate this problem. Q: Can the lab stay open until 11:00pm on Sundays, the same as the library? A: The lab should be open the same hours as the library, this is a "node" problem but he will look into the matter. Q: Can the school add an extra printer to the lab? A: The Dean will look into possibly getting a draft printer. Q: Some students do not know how to access their pine/unix accounts. A: Pine/Unix workshops will be arranged. Please be mindful of other students using the computer lab. If you have a large printing job, consider putting it on disk and downloading later in the evening when less people are trying to print. Additionally, as an alternative, there are computers in Baldy. Let's extend common courtesy to one another. 2) The Library Q: Can the library stay open longer, possibly 24 hours? A: The problem is having staff present, paying them, and safety is a concern for students who leave the campus at night. Q: Can classrooms stay open at night as an alternative? A: 'He will look into having 1 or 2 classrooms stay open at night with 1 person to monitor the classroom. Having security will also have to be looked into. 3) Parking! Q: There are not enough spaces, can something be done? A: This has always been a problem and is likely to continue to be a problem. The law school has nothing to do with the parking lot. State capital is used and they base the number of spaces in accordance withresearch. 4) Externships Q: The complaint is that students are not being allowed to choose their externship or participate in an area of their interest. A: Externships now have new ABA requirements. Having the instructor choose is now a requirement. Having students arrange their externship is not allowed because you eliminate the possibility of other students not working orbeing chosen. The objective is not have biases enter the picture by not having employers pick and choose students. 5) The Student Lounge I met with Dean Avery to discuss the change in no longer reserve allowing students to the lounge. The intention behind the renovation ofthe lounge is for it to be a lounge and not a meeting place. The administration does not wish to deny access to anyone. Therefore, at this time organizations cannot reserve the lounge. However, Dean Avery is willing to reexamine this after the lounge has been open a while. 6) TheAppointments Committee The following students were appointed to the various committee's. Academic Policy and Programs: Anthony Elia, Carolyn Goodwin, Joe Huang Academic Standards and Standing: Stephen Coolbaugh,Karen Connoly, Rachel Trapp Appointments: Rochelle Jones, Ed Russell Budget & Program: Ahren Astudillo, Audrey Barr Faculty Student: Lisa Bertino, Emilio Calaicocicho, Rayne Hammond Library: Ellen Sturm Planning & Evaluation: Sarah Knieser, John Michailidis Public Interest/Fellowship: Mindy Marranca Special Needs: Kirsten Barclay, Jason Bowman This room has a rocking chair, crib and changing table, enabling moms to have a private space to nurse or change your baby. (Dads allowed in also) The nursing room is located on the sth floor next to the clinic. Tim in the 3rd floor mailroom is now a notary public and a fax service has been added. A big applause to the administration for addressing these needs! Thank you to Kirn Fanniff, Dean Fleischmann, Rebecca Monck, and Andrew Zacrocki for making the UB Bulls v. Morgan State a fun event for the law students. Remember, the Student-Faculty Happy Hour is November sth, at 4:30 in the sth floor faculty lounge. Your SBA reps are doing a great jobbringing forth your concerns, please contact myself or any SBA member if you would like us to address any issues. Tonya GREAT ADDITIONS! There is a nursing room now open to students and faculty. What Role Will the Career Services Office Play Throughout My Law School Career? public interest activities, I What role will the Career Services Office play am not limited to that practice area. I am glad to meet throughout my law school career? with any student seeking search, resume, cover Career Services Ofjob The asfice provides resource and letter, or other career assissistance to all University at tance. We also have Gale Buffalo Law School students Strauss, the Administrative and graduates seeking career Assistant for Services. She and job search guidance, inis here to answer your dayformation, and resources. A to-day questions, among starting point for job seekers them: current job postings, reciprocity, alumni lists. seeking prospective employers is the CSO library What we do? We try (Rooms 610 and 611). It to provide a foundation for includes articles and employer your job search. First the literature from a broad range career services office pubofcareer sectors. If therooms lishes a weekly newsletter seem a little overwhelming, that highlights current CSO staff is able to provide events, opportunities and some guidance for these other resources. This includes resources. The Job Book job listings which we con(Room 609) contains the most sider prime, very interestcurrent active listings. These ing, or of strong interest to are employers who have conour readers. Next, we schedule a tacted CSO to elicit applications from students or graduseries offundamental proates. grams to introduce firstAudrey Koscielniak, year and transferstudents Assistant Dean for Career to the world of legal emServices, is just one ofthe ofployment and our office. fice members with whom you The first was our Career can make an appointment for Information Fair that job search assistance. You can brought attorneys from a also meet with Dawn broad range ofpractice arSkopinski, the Administrative eas and settings to talk with Assistant for Resources and students about possible Public Practice, or with me, options. Currently, we are the Assistant for Public Interconducting our mandatory est. Although most of my Orientation and Resume work entails coordination of Writing sessions for lLs. Students need to attend only one ofthe available sessions ofeach program. The Orientation meeting is designed to introduce the staff, services and calendar for legal recruiting. If you missed the two sessions last week, there will be another held on Wednesday, November 4, at 8:45 am in Room 214. The Resume Writing sessions seek to set the General framework for a resume. This week sessions are: Monday, November 2, 11:45 am in Room 107 Wednesday, November 4, 3:15 pm in Room 107 The CSO will hold two sessions outlining the summer job market. Geared to ILs, the sessions will be held on: Tuesday, November 3, 9 am in Room 107 Monday, November 9, 11:30 am in Room 109 Throughout the year, the Career Services office brings in employers, alumnae and others for career panels; These panels will inform you about your optioas for employment. An example is our program on judicial clerkships, which will be held later this month. Once again our speaker will be our own Dean Nils Olsen who clerked for the United States Court of Appeals in the 7th Circuit. Other topics are scheduled later this year and are expected to include the JD/ MBA option, a post-graduation Asian Law Journal at University of California Call for Papers TheAsian Law Journal at University ofCalifornia at Berkeley (Boalt Hall) is accepting submissions for publication in Volume 6, to be published May 1999. The Journal is seeking articles, casenotes,comments, book reviews, and recent development pieces. The Journal welcomes submissions from anyone; you do not have to be a student or professor to submit. Criteria for submissions in- elude: a discussion of issues which affect Asians, legal analysis, strong support, and complete and accurate citations. Works may be submitted to the following address:Asian Law Journal 589 Simon Boalt Hall School of Law University of California at Berkeley, Berkeley, California 94720(510) 643-9643 FAX: (510) 643-6171 e-mail: alj@ rocketmail.com. Thank you for supporting Asian American leg. i scholarship! fellowship and debt management. In addition, CSO staff members are available for one-to-one meetings to review yourresume, cover letter, discuss interviewing techniques, develop job search strategies, or evaluate your options. To set up a time, see Gale in Room 609. Come to my office(Room 612) and, if I can, I will meet with you immediately. Our support does not stop once you have graduated from law school. We recently changed our name to reflect the fact that this office provides continuing service to any University of Buffalo alum(new grads or many years out) who need assistance. One tool that has proven useful to our graduated students is our database ofall Buffalo alumni employwith their ment(current and past) information. You never know when you might see a friendly face. Again, if you have any questions, comments or letters, please submit them to Box #4, so that I can answer your concerns in the next column. Ahren Astudillo is the Assistant for Public Interest Law in the Career Services Office �5 Volume 50, Issue 8 Travels with A.A. Noel Criminal Law Society Educational Panel By A. A. Noel I planned to be spontaneous; I just never got around to it. Sometimes you have to wait for the right moment. My friend, Rachel, and I were talking to each other on the telephone. During our break, many One Ls would be going home or taking time off to relax. She was going home for much needed family nurturing and was aghast that my only plan was only to stay in town and work on my outlines. Vacation times were for recharging batteries and readjusting your worldview. It was her opinion that only a loser without a clue would waste the opportunity. I admit she jolted me into thinking. With law school comes the stress from the challenges. I had been ragged. Maybe a trip was what I needed. Over the last few years, any travelling I did involved weddings in not too distant cities, job interviews, or funerals. One time it involved Iraqis and an Ml6 rifle. Spurred into spontaneity, I called American Airlines, with whom I am a not so frequent flier in their frequent flier program. Now was my chance to rack up some points! I booked passage on a 767 to London's Heathrow Airport. A short-term loan from home and a resolution not to go to the cinema or to dinner until well into the next millennium made this dream happen. During my vacation... yes, that is right—VACATION, I did many things I have always' wanted to do. My profile darkened the vaults of museums and the interior of churches. 1 saw where Winston Churchill led Great Britain during "their finest hour." I walked the stony path where Sir Walter Raleigh tread for 13 years as a prisoner in the Tower of London. I learned that Americans like Margaret Thatcher more than Brits do. Just because an Englander speaks English, that does not necessarily mean he can be understood any better than a street vendor from Yemen. That isjust the accent, forget about the vocabulary. Cookies are biscuits, chips are crisps, and fries are chips. Why did Hitler want to invade this place? I had a great time and I actually did a little schoolwork on the plane. My first vacation abroad was successful. My thanks to Rachel for kicking me in the arse. You see, they say arse in England instead of butt. My last vacation was Spring Break 1985. Three chums from my high school days decided to trek down to Fort Lauderdale. They invited me to go. I was truly surprised and wondered why they wanted me to accompany them. Would my Noel Coward-like dry wit make the long travel easier? Would my James Bond-like savior faire attract the ladies? Sadly, it was because they needed a fourth guy to share the hotel room. My newly approved student MasterCard with the whopping $500 limit also locked in the room reservation. Laptop By Peter DeWind It was not long after I received my acceptance letter that UB envelopes began to arrive on almost a daily basis. One of these missives advised me that I was rapidly entering the digital age. It told me that I would be at a huge disadvantage if I did not own a computer. The educational experience was becoming digitized and the professional community was rapidly converting to electronic resources. I was standing on the tracks and stood to be run over by this digitaltrain unless I took some action to board it. The letter opined that by purchasing a laptop for use at school I would experience the maximum benefit ofthis digital revolution griping the university. Now I see the letter was correct. Using a laptop in O'Brian hall does provide a great many benefits. Unfortunately, most of these benefits result from the insufficient accommodatioas this school provides to laptop users. Using a computer requires power. This generally Initially, I was against it. Why spend all that money only to be turned down by a throng of bikini-clad vixens when I could save money and get turned down by the parkawearing princesses from Buffalo's West Side? My friends tried to convince me to unclench my buttocks and throw reason to the winds. In a rare moment of weakness, I agreed. The following week I was on an Amtrak train to Florida. (It worked to my advantage. I reasoned the 24 hour train ride allowed me the time needed to write a paper for my "Physics for Poets" class.) I forgot about the frigid climate back on campus and reveled in coconut scented splendor. I drank my body weight, tanned wonderfully, and many a bikini-clad vixen rejected my advances. I learned to surf, ate oysters for the first time, and sang Jimmy Buffet tunes as an orange sun peeked over the Atlantic Ocean. I learned this world's saddest sight is an unopened twelve pack of Trojans that have been ribbed for her pleasure. I returned tanned and wellrested. I got an "A" on the "Physics for Poets" term paper. Sometimes it is good to unclench one's buttocks. The Criminal Law Society is happy to announce the first in a series of educational panels. The panel will be dedicated to local prosecutors and is scheduled for Wednesday, November 4th at 7:00 PM is room 109 of O'Brian Hall. The Speakers scheduled for the panel are: Kathleen Mehlretter Criminal Division Chief, U.S. Attorney's Office Paul Moskal Chief Counsel, Buffalo FBI Office Peter Weinmann Narcotics Bureau Chief, Erie County DA's Office The presenters will speak about the nature of their jobs and how best to prepare to become effective prosecutors. The panel is an excellent opportunity to initiate the summer job hunt. lL's are especially encouraged to attend. Keep your eyes open for future panels, including a panel dedicated to defense attorneys next semester. Dances requires the presence of outlets sity of New York at Buffalo from which to acquire this School of Law's students the benefits to using a laptop power. Yet, even a brief perusal into the digital century. of the lecture halls immediately Admittedly, the situ- in O'Brian are derived. evinces that there are not enough ation isbetter on the second It starts on the first day outlets to accommodate the floor. Room 209, for exof class where one learns to be people who need them. ample, has 72 plugs for only extra early to try and claim one The main lecture hall, 48 seats. This works out to ofthe coveted seats. To be late room 106, has 160 seats. There 180 volts per person. More is to be denied access to a plug. are 4 outlets in the room. At 2 than enough power a comThis trait oftemporal diligence plugs apiece this is a total of 8 puter and a half for each is reinforced by anyone interplugs to serve the students. At person. Unfortunately, the ested in using a laptop in the 120 volts for each plug, this plugs are only accessible to library. Laptops are only peramounts to a total of 960 volts the outside rows. A similar mitted in a few of the study for the entire room. Andy problem is evident on the carrels. These are dispensed Warhol divided the amount of first floor where the plugs on a first come, first served fame available through mass are only accessible to about basis necessitating that one media into the total number of 12% of the seats in lecture arrive early in the morning to people alive to arrive at the very hall 106. Having enough acquire one. Ben Franklin democratic 15 minutes of fame cumulative power is not sufwould have loved our carrel for each person. Here, we find ficient. system and the wisdom it prothat each student in lecture hall Anyone wishing to motes. As these carrels are 106, home to many of the first access a plug must, thereoften gone by the end of 8 AM year classes, is allots 6 volts per fore, sit in one of these classes, anyone wishing one person. A similar calculation prized, power accessible must simply skipthe beginning from lecture hall 110 finds that seats. Many of these seats of an early class in order to each student is allocated 5.333 are at the extreme rear of stand in line for a laptop carvolts. the room. Such seats are rel. This has the benefit of alEach student receives the unacceptable to many ofthe lowing one to practice managstudents who use laptops. ing schedule conflicts. To do equivalent voltage of 4 AA batteries. This is enough power This only serves to exacerotherwise is to learn respect for both my TV and VCR remote bate the competition for the authority which using a lapto controls. This is not enough prime, powered seats. It is provided me when the library power to bring the State Univer- from this fact that many of staff kicked me out of the other, laptop free carrels. There is nothing to promote problem resolution, arbitration skills, and leadership respoasibility like a great many people competing for the same scant resource. After the first few days of class a carefully orchestrated ballet emerges from the first floor lecture halls. The chaos of everyone struggling for an outlet gives way to a natural and reasoned order. A few people choose to distinguish themselves by taking leadership roles and providing power strips for the surrounding students to use. Everyone comes to know which stripthey should plug into and when. This exercise in the development of order is only available to the laptop user. Cooperation and punctuality are also promoted through the sheer number of interconnected multiplug power strips, cables, wiresand bags crowded into a constrained space between the already narrow isles. The sum effect is similar to that Continued on page 6 �November 2, 1998 6 Is the SBA a DICTATORSHIP? by David W. Polak, 2L, Class Representative Well, I don't think you have to ask my opinion, because by the time you are done reading this article you should be seeing the true colors ofthe SBA this year. Don't get me wrong, there are some very hard working individuals giving 110% for you, the student body, but there are 14 new class directors with no experience in the SBA process. As a result, one person continues to act for you. When confronted, she talks just like a typical politician. She tells everyone who is not keen to her ways what will make them happy, but turns around and does what she wants in the end. What are the issues or instances that I speak of? 1. The down payment for the Barrister's Ball has been allocated, and a check cut for Samuel's. The poll taken from the student body favored a downtown location, but Samuel's was already selected without even a vote from your class directors. Your student activity fees are being used, and your representatives can't even speak for you. I asked at the October 28, 1998 meeting if other locations were looked into, and a list was rambled off. I was told that Samuel's was the best deal. So I asked what the cost benefit is of Samuel's over a downtown location. I was given a reply of, "[a] $25 a ticket versus $40 a ticket". That information is incorrect, because there is a hotel downtown willing to beat the price of Samuel's, and throw in hotel discounts. I cannot confirm if other locations were even looked into, because no supporting material was brought to the general SBA meeting for your director's review and vote. In addition to the ticket price, about $2000 of your studentactivity fee is used for this event. Allocation of money should be approved by the SBA directors, not just one person. 2. I raised an issue onthe fact that we as student directors are not allowed keys to the SBA office this year, unlike past years. The wholeSBA was told it was because of thefts, but if someone needed a key, just ask for one. After the meeting I asked for one, but was told the office hours of the E-Board should cover my time when 1 may need access. Well, that is not true, because I have BAM classes Monday through Thursday. Shortly after I get to the SBA office the student assistant has to leave. When I raised this issue, I was told I could just close the door behind me. So I said ifI do that, the door will be unlocked until the next person comes in, which could be hours later. The reply was that is OK. The door will not lock without a key. If theft is an issue, should we leave the office unattended and unlocked witha new $ 1000 computer sittingon the desk, laser printer, access to the phone wherelong distance calls could be made from, and whatever else is considered so valuable? Doesn't that go against the reason the door is locked in the first place? Wouldn't it be easier to just give the directors keys again?l don't think I have to mention the name of the individual I am referring to, but feel free to call the SBA office and ask the president Tonya Guzman who makes the decisions for the SBA. Does this sound like a dictatorship? How do you now feel knowing that about $80,000(+) of your student activity fee isbeing controlled by one person who want the power ofthe SBA to herself? This old saying comes to mind, "Power Corrupts and Absolute Power Corrupts Absolutely." If you have any comments or questions, I can be emailed at <dpolak@acsu. bu ffalo. edu> or contacted via my web page loat cated <http:// buffalolawlinks.home.ml.org>. Note: Sometimes, the timing and deadlines that a newspaper runs on create the un- Editor's fair result of improper response time. In this instance, Mr. Polak submitted this letter well into the Opinion layout process on Thursday night (or actually, early Friday morning). By the time I knew ofthe letter's existence, it was too late to call Ms. Guzman (who has kids...we may seem hard-hearted at the Opinion, but we can be considerate when the occasion calls for it). However, Ifelt that the timely nature of Mr. Polak's letter crafted as it was in response to an SBA meeting the night before should be honored Therefore, I resolved to include the letter in our formal layout, and make all efforts to call Ms. Guzman regarding this matter the following day. I also further resolved to work with her to provide her with an opportunity to respond to Mr. Polak, either in a special, photocopied addendum of the Opinion that will be distributed simultaneously with the paper on Monday, or with a prominent spot in the subsequent issue. The Opinion regrets the inconvenience to all concerned, and assures the reader that it will make every effort to provide any party who needs to speak about this issue with a timely forum in which to do so. Thank you for your understanding—S.A. Cole, Editor- — — Forgiveness Program On Wednesday, October 28, the Student Bar Association voted to support new eefort to introduce a Loan Forgiveness Program to UB Law. The program will help graduates who join the work force with professionally, but not lucratively, rewarding public interest jobs. The motion was introduced by 2L Rick Staropoli, and passed without criticism or opposition. SBA representatives were curious about what exactly the motion entailed. Staropoli explained that pro- grams at others school, such as the one a NYU, establish a fund, the interest of which is used to pay a certain percentage of a graduates loans throughout their career. In order to qualify, a graduate must remain in a certain wage bracket. Most programs can deliver a complete pay-out in ten years. Efforts will be made to have alumni contribute to what hopefully will be a base fund of $1 million. The program, now endorsed by the SBA, will soon enter the fdrmal planning stage. Bar examinees save life, pay the price In California, more than 600 soon-to-be lawyers were taking the State Bar exams in the Pasadena Convention Center when a 50 year old man taking the test suffered a heart attack. Only two of the 600 test takers, John Leslie and Eunice Morgan, stopped to help the man. They administered CPR until paramedics arrived, then resumed taking the exam. Citing policy, the test supervisor refused to allow the two additional time to make up for the 40 minutes they spent helping the victim. Jerome Braun, the state Bar's senior executive for admissions, backed the decision stating "If these two want to be lawyers, they should learn a lesson about priorities." Laptop Dances Continued from pg. 5 most important lesson bringing a laptop provides. When I began looking at law schools, I received a wealth of information in which schools bragged about their technological infrastructure. I visited schools in which each lecture hall seat had an outlet and in some cases its own porting capacity. Wired classrooms and libraries seem to be the way of the future. If we are to truly to be progressive, or even fulfill out aspirations at technological proficiency, we must at least provide sufficient electrical wiring. of several clowns crammed into a Fiat. One must plan carefully before entering and be sure to arrive punctually. The alternative is to inconvenience others by trying to step through the maze, unpack in the constrained space, and try to plug in without causing a cascading brown out for everyone nearby. Everything must be done in an ordered and certain set of steps being ever mindful of the needs of others. This is perhaps the in-Chief The sign is installed...the lounge can't be too far away... Technicians install the new security system for the firstfloor student lounge 1L Jon Llerra, not delivering that pizza to the hungry Opinion staff... SBA Votes in Favor of Loan �Volume 50, Issue 8 7 THE ANARCHIST -(E)- by Russ Klein (A)- Voting with a Bullet, Protecting Rights with a Gag The assassination of 08/ GYN Doctor Slepian in Amherst, New York thrust our quiet suburban community into the forefront of the national news. Amherst, which usually makes the national news as one ofthe best and safest places to live, now made the news because of the work of a man with a high powered rifle. The abortion debate is not something new to the Buffalo area. After all, this is where the legendary Spring ofLife demonstrations took place, with pro-life protesters doingbattle against pro-choice clinic defenders at local clinics. This culminated in cases such as Schenck v. Pro Choice Network, (the Supreme Court held that it was ok to keep protesters a certain distance from clinics, but that there could not be individual bubble buffer zones around people). The abortion debate is also not something new to Dr. Slepian, who has been the target of protests outside his home. One such incident had protesters outside his house as his family was opening Channukah presents. After listening to protesters shout about how he was a baby killer, Dr. Slepian came out of his house with a bat and smashed the windows of one ofthe vans used by demonstrators. One of the most interesting aspects of this case has been the almost cartoonish specter of prolife politicians calling for the execution of a pro-life gunman who executed a doctor (who ostensibly is supposed to heal and guard life, and in this case, occasionally did so via abortion, which extinguishes a living breathing organism). But the abortion debate, I suspect, is not one that will ever be resolved. People are either steadfastly prolife or pro-choice. There are people who are mixed (as in, they personally oppose abortion, but still support choice), but they still seem to stick to their guns one way or the other. Thefascinating thing about the abortion debate is that it is a debate that is not as clouded by propaganda as other debates tend to be. For example, in the debate over drug legalization, the government wages an incessant war ofpropaganda about just how evil drugs are (you know, this is your brain, this is your brain on drugs... a brain is a terrible thing to confuse with an egg). But the issues over abortion are probably about as black and white as they get, really. The fetus exists within the woman's body. The fetus lives, breathes, and after a while shows reaction to stimulus. The fetus exists by living off the woman's body, nutrients, etc. Up until a certain point, the fetus cannot exist on its own. Abortion is terminal (with extremely rare late term exceptions). The primary debate around abortion centers around mushy philosophy that no one can put a finger on, and is often accompanied with odd leaps of faith. Pro-life people tend to feel that life begins at "Pr o choicer's offer the image of back alley abortion doctors and coat hangers. Pro-lifers offer per- petual protest over what they deem to be murder. There is little to no chance that the argument will ever be resolved. " conception (every time I think of this argument, I am reminded by the song in Monty Python's Meaning of Life called "Every Sperm Is Sacred"). The reality is, at conception, there is nothing more than cell multiplication, and there is probably not an intelligent conscience, any more than I would dare say there is an intelligent conscience on my epidermal layer (the argument at this point seems to be extraordinarily leveraged on whatpotentially may be). On the flip side, pro-choicers must accept that at a certain point in the development, that fetus reacts to stimulus and may even become self aware (the old "when did I become me?" debate). Despite this,there is the acceptance of choice to exterminate such life. What concerns me with the abortion debate is the extent that some people are willing to go. On one side of the aisle, there are those who are willing to kill to get their point across, and on the other side of the argument, I sense that there are people willing to quash free speech and debate (the attempt to institute floating bubble barriers around individuals, for example). One only need look at the following web page: <http : / / www.christiangallery. com/ atrocity/aborts.html> to see where some pro-lifers stand. The primaryatrocity page is also referred to as the "Nuremberg Files," and the header on the page states boldly that we should imagine abortion doctors on trial. The goal of this page is to gather information about ALL abortion doctors in the country, as well as ALL politicians and notables who support legalized abortion. Above and beyond this, the page has the following legend for all those listed: Names in black are active, names in grey have been wounded, and names crossed out are "fatalities." Barnett Slepian's name was on the list, crossed out. The debate will probably never come to an end. Prochoicer's offerthe image ofbackalley abortion doctors and coat hangers. Pro-lifers offer perpetual protest over what they deem to be murder. There is little to no chance that the argument will everbe resolved. However, in the meantime between now and the end of eternity, we need to re-evaluate our priorities. Bullets will never end abortion, and trying to restrict speechand protest will also never work (just as gun control does little to deter criminals from obtaining one). Meanwhile, most prochoicers and pro-lifers alike mourn the loss of a doctor in our neighborhood. Hopefully the killer will be caught. And hopefully the killing will not push us to more restrictive laws such as hatelegislation, tougher gun control, etc. / **Note: This is not an in dictment of most pro-lifers or pro-choicers] Environmental Law Colloquium Greenhouse Effect and Global Climate Change: Real? November 2, 1998 4-6 PM, Room 212, O'Brian Hall "Is there sound scientific basis for what is called the Greenhouse Effect? Are there observations that support it? Brownfields: Realistic Remediation and Land Use Plans Monday, November 9, 1998 4-6 PM, Room 212, O'Brian Hall How clean is clean enough? �November 2, 1998 8 Warning!. Principled Politician Alert! hv KEVIN HSI Anyone who thinks that politicians are unprincipled opportunists whose votes are for sale to the highest bidders may want to think twice after looking at the U.S. Senate race in Wisconsin. Senator Russ Feingold, the Democratic co-author of the ostensibly bi-partisan (less than a handful of Republicans back it) McCain-Feingold campaign-finance reform bill, is running for reelection in a extremely close race whose script look as if it could have been written by Hollywood. (See last week's issue of Time magazine.) Feingold is a truly rare breed among politicians a politician who stands by his word and refuses to sell out his principles for the sake of reelection. Among other things, Feingold has remained so true to his commitment to ban soft money that he has refused to accept any soft money for his reelection Instead, campaign. Feingold has raised his money the old-fashioned - way (direct solicitation with a maximum contribution of $1,000 per person) and has vowed to spend no more than $3,100,000 for his campaign or $1 for every resident of Wisconsin. Adding to the Holly- wood-like script, the progressive Feingold's Republican opponent is an unabashed right-wing "Newtoid" from the Republican Class of 1994, Congressman Mark Neu-mann. Neumann has also made a similar pledge to limit personal spending to the same amount as Feingold with the major difference being that he has accepted an additional $1,000,000 soft money donation from the national Republican Party. Feingold, on the other hand, refused to even allow the Democratic Party to give him any soft money for his campaign and as if that wasn't enough, he even refuses to allow his campaign to run any negative ads against Neumann. In fact, Feingold even recently told the Democratic Senatorial Campaign Committee (who are privately worried that Feingold's principled stance will cost him his seat) to remove an political ad that they were running on his behalf because he felt it was a negative ad that attacked his opponent's political stances. Neumann, on the other hand, has no such qualms and has been running countless negative ads against Feingold full of name-calling (such as "liberal") and distortions (some of which were later proved to be outright false). Unfortunately, Neumann's at- tacks seems to be having an effect as Feingold's poll ratings have dropped and the race is now a dead heat. Political observers agree that a victory here for either side will have enormous symbolic significance in the quest for actual campaign finance reform. This can be seen by the fact that the head of the Republican Senatorial Campaign Committee (RSCC) is Feingold's archnemesis Senator Mitch McConnell of Kentucky. McConnell has been the Senate's most outspoken opponent of campaign finance reform and he has eagerly led the fight to scuttle the McCainFeingold bill year after McConnell, year. is also seen incidently, along with Jesse Helms as the Senate's top supporters of the tobacco industry and sure enough, the largest donor of soft money to Congress by far is tobacco giant Philip Morris. In fact, McConnell is so committed to defeating campaign finance reform that he and the RSCC has been pouring enormous resources into Wisconsin while neglecting the senate race in Washington state where another right-wing Republican congressperson from the class of 1994, Linda Smith, is challenging a weak incumbent. The main difference between Neumann and Smith is that although both share similar views on most issues (including speaking out against Newt Gingrich), the main difference is that Smith supports campaign finance reform (she backs the ShaysMeehan bill in the House which is similar to the McCain-Feingold bill) whereas Neumann does not. Consequently, Neumann has received over $1,000,000 in aid from the RSCC whereas Smith has received around $100,000. One result is that Neumann has a very slight lead in the polls over Feingold whereas Smith is several points behind her Democratic opponent Senator Patty Murray. Simply put, the U.S. Senate race in Wisconsin can also be seen as a true test for campaign finance reform and whether or not principle can triumph over money. The choices cannot be more stark as each candidate are in a statistical dead heat. On the one hand, you have Feingold, the principled progressive running a clean campaign backed only by hard money which he raised personally. On the other hand, you have Neumann, the Newt Gingrich styled-Republican running a dirty campaign backed by a million dollars extra in soft money raised from the anti-reform wing of the Republican Party and their supporters in areas like the tobacco industry. I want to strongly urge everyone to contact everyone they know in Wisconsin and tell them tovote for Feingold. As one can see, this year's congressional elections are anything but boring contrary to what the mainstream media (and privately some Republicans who are hoping to depress turnout) may have been telling you. The FeingoldNeumann race is as exciting as it can get and even the most jadedvoter should take notice. After all, it would be the voters and not Hollywood who would be writing the ending to this script. Let's try to make it a happy ending on November 3. The elections are Tues- day, November 3. Don't forget to vote! On The Road.... Standing guard over the grand city can this be? of Bangor, Maine...what Why, its a 50 foot statue of Paul Bunyan! �I Volume 50, Issue 8 9 You Say D'Amato I Say Sleazebag by KEVIN HSI I would just like to remind everybody at U.B. Law School and elsewhere to VOTE this Tuesday in the gubernatorial and congressional elections. Contrary to what people may think, every vote DOES count. (If you don't think so, just ask the politician from the Eighth Congressional District in Indiana who lost by ten votes in the 1980s.) This is especially true this year with the race for U.S. Senate in New York State where polls show incumbent Republican Senator AlJ)'Amato running neck to neck with Democratic challenger, Congressman Chuck Schumer. As anyone watching TV or listening to the radio over the past few weeks would know, this has been a no-holds barred contest between the two withattack ads occurring daily. Personally, to me the choice between the two is very clear. I would choose Schumer over D'Amato without hesitation and would strongly recommend that everyone do the same. There are many reasons as to why people should do so, but perhaps the most significant one that should cross all political lines is that Schumer supports campaign finance reform measures whereas D'Amato does not. For example, Schumer backs the McCain-Feingold bill which would outlaw the use of soft money in political campaigns. Without a doubt, soft money is the most egre- gious campaign finance loophole out there as it allows both political parties to raise millions in unregulated funds for their party coffers from big donors (which, chances are, does not include 99% of the country's population). This soft money is then used on behalf of candidates to flood the airwaves with negative attack ads under the names of groups like "Friends of Senator Al D'Amato". The McCainFeingold bill has been brought to the floor of the Senate several times only to be defeated each time by a Republican-led filibuster backed by senators such as D'Amato. (See related article.) In fact, the Buffalo News, New York Times and Newsday have all cited Schumer's support and D'Amato's opposition to campaign finance reform as one of their main reasons for endorsing Schumer. In fact, another reason to vote against D'Amato is that even among his fellow politicians, he is considered to be one of the biggest beneficiaries when it comes to raising soft money and a king (or tyrant) when it comes to using attack ads. As theßuffalo News would put it in their October 25 endorsement of Schumer, "D'Amato the politician has used that money to finance an advertising campaign of half-truths and untruths that cross the line and stand as a commentary on D'Amato the person." As if that wasn't enough, D'Amato's ethics (or lack thereof) isn't something New Yorkers should be proud of either as he has been rebuked by the Senate's own Ethics Committee for misusing his office (i.e., conflict of interest charges, questionable donations, etc.) and D'Amato has since refused to allow the contents of their findings against him to be made public. (New York Times, October 25,1998 endorsement of Schumer) Sadly, D'Amato's verbal attacks are not limited to political opponents alone. For example, in 1986 D'Amato made a notorious comment against people of color during an interview with The New Republic. While explaining why he turned down a request to help secure funding for a low-income housing project in Brooklyn, D'Amato bluntly said, "We didn't do too well withthe animal vote, did we? Isn't it the animals who live in these projects? They're not our people." (The New Republic, March 10, 1986) More recently, during the O.J. Simpson trial, D'Amato deliberately mocked Judge Lance Ito (and Asian Americans in general) by speaking in an highly derogatory singsong tone about "lee-tle Judge Eee-to"despite warnings by radio host Don Imus (of all people) to "watch out... or you'll end up on the front page of the [New York]Daily News" (sure enough, he did). While D'Amato did eventually apologize for these comments, they only came after a community uproar in response to his initial denials which he was forced to backtrack on. D'Amato is clearly the product ofan inefficient cam- say that he is an effective advocate for issues which he believes in. Even if that is the case, that is also the what both supporters and opponents say about Chuck Schumer. Schumer, contrary to what D'Amato's ads say, has a reputation for being one of the hardest working (and certainly one of the most outspoken) members paign-finance reform system which allows politicians tied to political machines, and big business, to thrive. This system has long polluted our political discourse (thus leading to greater voter apathy) and of Congress. Among other allowed wealthy people and things, Schumer has been a businesses to get away with leader in passing the ban on things which would otherthe sale of assault weapons wise not be tolerated by most and he played a leading role people (i.e., massive tax loopin draftingand passing a law holes and tax breaks which which requires banks to inbenefit billionaires and bilform the public as to lion-dollar corporations, whether or not their ATMs lower environmental stancharge a fee to outside usdards, anti-worker legislation, ers. As the New YorkTimes military and economic backwould put it, "Mr. Schumer ing of dictators who support has the capacity to become U.S. corporations, decreased the kind of senator New funding of legal services, York deserves, a senator etc.). A victory for D'Amato who will engender pride would allow this system to rather than embarrassment." flourish and make it even It is definitely time to start harder to get any campaigncleaning up our political sysfinance reform passed since tem - if nothing else, our ears it'll put the Republican Party will appreciate it whenever (whose leadership officially we watch TV or turn on the oppose any attempt to ban soft radio. One can start by votmoney in fact, some have ing to kick Al D'Amato out even called for the eliminaof office this Tuesday. tion of any campaign contriP.S. I would advise bution limit) closer to a filipeople (and especially buster-proof majority of 60 SUNY students) to think seats. very carefully over whether D'Amato's supporters - gkk W'& or not they wouldrealfy want to vote to re-elect Governor George Pataki. In case people don't remember, during his first year in office, Pataki tried to pass the largest tuition increase in SUNY history along with an unprecedented cutback in funding for SUNY. These measures were eventually scaled back due to massive studentresistance but the increased tuition and decreased services still forced thousands of students to leave school and many more to de- lay timely graduation. My recommendation would be a vote for Peter Vallone, the Democrat. However, I would also recommend that people take advantage of New York's fusion (multi-party) voting system and vote for Vallone on the labor-backed Working Families Party ticket. As long as Vallone getsat least 50,000 votes on that ticket, this third party would get its own spot at the voting booth in the 2000 elections and can field its own candidates that can be (officially) independent ofthe Democrats and Republicans (much like the Liberal and Conservative Parties). For those who are tired of the twoparty "business as usual" system, this alternative definitely has its potential. / LoaiyA veny Irs TIME To veir, �November 2, 1998 10 DESMOND MOOT COURT WEEK... Judges from the competition in the lobby of' O 'Brian Are they drunk? Is Russ Maines ok? What was the photographer thinking when she cut out most of Terry McNamara? This is not a proud moment for users of disposable cameras... Moot court strikes a pose.... Desmond Moot Court held its annual Fall competition this last week...results should be announced 500n... Kicking back and enjoying just a few of the many beers consumed that night... Law Students no doubt reminicing about how the price of free beer has increased over the years... "Back in my day, they used to PAY us to drink free beer..." Scenes From Yet Another Bar Night for UB School of Law... (a unique view of the "people in our neighborhood..." at The Steer in University Heights...) "Beer? We don't neei no steenkin beer!" \ �I Volume 50, Issue 8 1 Interview with 2L Rick Staropoli Working on the Jonathan Parker Defense Team By SA. Cole Opinion: What is your overall characterization of this case? Rick Staropoli: If we must have the death penalty in New York State, I see this ease as a fairly good example of how capital cases should be tried. In general, the interaction between Prosecution and Defense was quality communication. District Attorney Joseph Marusak made a solid effort, and was "rewarded" with a guilty verdict on the Murder One charge. Jim Harrington and John Elmore put on a spectacular mitigation presentation, and Jonathan Parker was "rewarded" with a Life Without Parole sentence. Despite the glaring jury problems, the case was tried fairly by Judge D'Amico and a dedicated jury. do you feel that this was what kept the jury from giving Jonathan Parker the death penalty? RS: A few jurors have given statements to the press and to the Defense counsel concerning their reasoning during the seventeen hours of deliberation. What he hear from them is that the testimony of Jonathan Parker's brother was key to their decisions. Jonathan's background, including the history of abuse and homelessness, was important to them in creating a full picture of the person to be sen- learn working on this © E3. y/ / staff, has been lifted, but that sustained weight has taken its toll. If it had not been for the support of the Capital Defender Office in Rochester, we on a Murder One charge in front of an all-white O: Did you feel the jury would come back with a Not Guilty verdict? RS: I got my hopes up a little. When I thought logically about it, I knew we didn't have too much of a chance to hear a Not Guilty verdict on the Murder One charge. But my heart kept hoping. I was let down. jury with an average age of about 48. Are they his peers? This was an avoidable situation, particularly because there is precedent for having a "city jury," one chosen from within Buffalo, instead of from all of Erie County. This was a crime committed in the city by a city resident. Two of the jurors live in the city. Jonathan's right to be tried by a jury of his peers has been violated. The panel was far from "representative." If we had not suggested an viable alternative process, it might not be as strong an argument on appeal. O: What doyou feel are the strongestpoints to started working at appeal in this case? RS: At its core, the Harrington & Mahoney in May. People are very jury selection process tired. The burden carried was flawed. There is no justification for the fact by the two defense attorneys, and by their support that Jonathan was tried The Opinion would like to thankRick forboth seeking permission from his employer to speak about this matter, and taking the time to tell his fellow students about this important case. tenced. Without the mitiO: How stressful gation witnesses, such as was putting on a death his relatives and teachers, penalty defense for those the sentence was death. involved? RS: I've aged at O: What did you least five months since I trial? O: The defense put RS: I have learned much about my inability a lot of "personal" witnesses on the stand dur- to "read" people. Not ing the sentencingphase, only was I terrible at the i jury selection phase, but I was also shocked at how poorly I read the jury's reactions during the trial. From what I have heard from the jury since the sentencing ended, I now know that I utterly misread certain jurors. Part of thisrealization is a new knowledge of what it is in me that makes me not cynical enough to properly assess a potential juror. For too long, I have assumed the best of people, and assumed that they are telling the truth about themselves. I feel like an ass. /////// would have been incapable of putting on the quality defense which saved Jonathan's life. I /&* �November 2, 1998 Volume 50, Issue 8 12 DAN'S ULTRA TUFF SPOUT/ PC. THE HUMOR MILL TOO OPINIONATED their top free agents, Brown, 3B by DAN BAICH Ken Caminiti, or CF Steve This offseason in baseFinley, before the Nov. 3 sta"Ballgame Over! ball will certainly be exciting, dium referendum. If the refer- World Series Over! Yankees as there have never been more endum passes, they sign all Win!! THHHHE YANquality players potentially on three. If not, it will be a KEES the move. A quick look ahead WIN!!!" And so with Marlinesque firesale, and its at next year's contenders as this John Sterling call, the bye-bye to baseball in San Dithey try to reload: baseball season in greatest .Houston will take their At press time, the Mets ego a at re-signing lefty history came to close. We inked C Mike Piazza to a best shot Johnson, but he may now know that the 1998 Randy record $91 million dollars over end Cleveland or on the Yankees are the Greatest up in 7 years and lefty Al Leiter to Yankees C leveland is Baseball Team in history, desper$32 million over 4 years. Look ately looking for a number one my case rests with 125 wins for a C Todd Hundley trade to starter and if they can't sign and a World Series sweep Boston for 3B John Valentin in a great deal for both teams. Johnson they will try to pry and no you cannot win an arRoger Clemeas from Toronto. gument with me on this one (Thanks Mike). Look for the Look for Texas to also make a so don't even try. The Great Cubs to sign 3B Robin Ventura at Clemens, should the Home Run Chase is over from the crosstown White Sox run Blue Jays fail to sign any bigand it gave us 70 and 66 and and then try to add a number name free agents to satisfy Mac and Sammy and we will one starter, perhaps Todd Clemens' desire to .The win tell our grandkids about this Stottlemyre, if Texas can't reRockies, Diamondbacks and season. The offseason will sign him Mo Vaughn will stay Yankees are officially in the be exciting, see (the Rumor in Boston, despite bids from Bernie Williams sweepstakes. Toronto and Baltimore The Mill) and I can't wait till my The winner (read Rockies) gets Braves may sign 2B Roberto to shell out $11-14 million per Yankees WILL defend their Alomar from Baltimore, and title. Thisall leads me to say not great, get him away from the AL year for a good, centerfielder. If the Yanks lose baseball is back from the umpires who will forever hold Williams, it will get interesting. dark ages of 1994 and it is a grudge from Spitgate. CleveSt. Louis offered CF Ray the National Pasttime again. land will also take a run at Lankford for LHP Andy Don't think so, ask the NFL Alomar, and the chance for Pettitte (No way), the Yanks whose ratings were down him to play with brother C Edmonds, nearly 20% in September. Sandy may be too good to pass could sign CF Jim This bring us to the who won't be back in Anaheim up Dominant righthander (Nice fit) or they could go NBA. Folks, this league is in Kevin Brown has said he postal and outbid Atlanta for trouble. The squabbling bilwould like to play in Atlanta, Barry Bonds from the GiLF lionaires arid millionaires (God, that staff would be ants, who have been secretly can't see the forest from the scary) and if the Braves sign shopping him, for prospects trees. It took baseball's best him, look for Denny Neagle and let rookie Ricky Ledee season ever to bounce back and possibly P Kevin center with Chad Curtis from the strike of 1994 and play Millwood to be shopped for a Can you see Bonds hockey still hasn'trecovered (Wow). power-hitting leftfielder, pos60 homers in theBronx the momentum it had when hitting sibly Brian Jordan of the Carwith the short rightfield the Rangers won the predinals St. Louis owes Mark porch?!! The betting is if strike Stanley Cup in 1994. McGwire a playoff run and Cleveland gets Johnson or This is a league that was facthey need pitching. They have Clemens, Bonds is a Yankee, extra outfielders, either Jordan ing the retirement of its best if not welcome Edmonds to.the or Ray Lankford will be traded player ever, Michael Jordan, Bronx. for pitching San Diego has said the breakup of its dynasty, Just remember where they would like to sign one of the Bulls, and most of its you heard it first. next generation ofstars have been in jail more often than hv DAN BAICH . they've been in the playoffs. Talk about really bad timing. The longer this goes on, the better for the NHL. Something about the only weeknight game in town. Turning to the NHL, the Devils look bad, the Rangers worse, and the Islanders are clueless. New York hockey is in for a dismal season. The Buffalo Sabres are a top-flight center away from being the best team in the Eastern Conference. Too bad they missed the boat on DougGilmour. If this franchise has any guts, look for a big trade.. Jeremy Roenick would be nice. The college football season is underway and boring. Still look for Ohio State to battle UCLA for the national championship and if one of them stumbles, the winner of the annual Florida-Florida State game should step in. Finally, the NFL. Is there a better story this year than Doug Flutie? How can you not cheer for this guy? A 5' 10" underdog who won the Heisman Trophy, played in the NFL, was exiled to Canada, and is back winning games for his autistic son. I'd like to negotiate the movie deal, it's gonna be phat. That said, there are really only 5 teams vying for the Super Bowl - Denver, Minnesota, Green Bay, San Francisco and Jacksonville. Speaking of Denver, the real question is can they match the '72 Miami Dolphins and have an undefeated season? Unlikely, maybe, but this writer thought it ridiculous that someone would hit 70 homeruns this year and lost money because of it. Just remember where you heard it first.... Mattina To Receive JaeckleAward From UB Law School Erie County Surrogate's Court Judge Joseph S. Mattina will receive the 1998 Edwin F. Jaeckle Award, the highest honor given by the University at Buffalo Law School and its Law Almuni Association at a luncheon at 12:30 p.m. onNov. 14 in the Hyatt Regency in Buffalo. Mattina will receive the award following the law school's 23rd annual alumni convocation. The annual award, named for Edwin F. Jaeckle, a 1915 graduate of UB Law School, is presented to an individual who has distinguished himself or herself and made significant contributions to the law school and the legal profession. Mattina, a 1956 UB law graduate, was first elected to Erie County Surrogate's Court in 1982. He has distinguished himself as one of New York's outstanding surrogates for his well-reasoned, intellectually stimulating and innovative opinions. Active in proposing and drafting new legislation as a member of the Office of CourtAdministration's Legislative Advisory Committee, he was one of 16 judges nationally to be inducted in 1988 as a charter member of The National Judicial College's Hall of Honor. More recently, The National College of Probate Judges recognized his service as surrogate by honoring him with the Treat Award for Excellence. Mattina has lectured and written widely for trial judges on sentencing and served as a faculty member at the National Judicial College in Reno, Nev. Prior to being elected to Erie County Surrogate's Court, he served as an assistant Erie County district attorney, Buffalo City Court judge, Erie County Court judge and State Supreme Court justice. The law school's 23rd annual alumni convocation, to be held from 8:30 a.m. to noon, will focus on current problems in trust and estate practice, including non-probate assets, pre- and post- marital agreements and lifetime trusts. Speakers will be Peter J. Brevorka, a partner in the firm of Jaeckle, Fleishmann & Mugel; Susan Egloff, county attorney-referee in Erie County Surrogate's Court; Kenneth Joyce, SUNY Distinguished Teaching Professor in the UB Law School; Charles E. Milch, a partner in the firm of Gibson, McAskill & Crosby; Michael J. Ryan, a member of the Edward C. Cosgrove law firm, and John E. Spadafora, managing partner of Mutusick, Spadafora & Verrastro. Attendance at the convocation has been approved for three continuing legal education credits. The underwriters for the event are Harold C. Browii & Co., Inc.; Marine Midland Bank; Buyers & Kaczor Reporting Services, Inc., and Commonwealth Land Title Insurance Co. The cost of the event $50 is per person for law alumni association members, and $75 per person for all others. For further information, contact Ilene Fleischmann at 645-2107. (Story contributed by the University at Buffalo News service) � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Opinion, 1998-11-02 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. The Opinion no. 8 02.11.1998 Date Issued Date of formal issuance (e.g., publication) of the resource. 11/2/1998 Bibliographic Citation A bibliographic reference for the resource. Recommended practice is to include sufficient bibliographic detail to identify the resource as unambiguously as possible. 50 8 Publisher An entity responsible for making the resource available University of Buffalo State University of New York at Buffalo Law School Language A language of the resource eng Type The nature or genre of the resource Newspapers Text Is Part Of A related resource in which the described resource is physically or logically included. LIB-LAW003 Rights Information about rights held in and over the resource <a href="https://rightsstatements.org/page/CNE/1.0/">COPYRIGHT NOT EVALUATED</a>. The copyright and related rights status of this Item has not been evaluated. Please refer to the organization that has made the Item available for more information. You are free to use this Item in any way that is permitted by the copyright and related rights legislation that applies to your use. This digital collection is made available for research and educational purposes. Researchers are responsible for determining copyright status, and securing permissions for use and publication of any material. Copyright for items in this collection may be held by the creators, their heirs, or assigns. Researchers are required to obtain written permission from copyright holders and the University Archives prior to reproducing or publishing materials, including images and quotations. For inquiries about reproduction requests and permissions, please contact the <a href="http://library.buffalo.edu/archives/">University Archives</a>. If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/4dd06e805b14485569d2903cddfedc9f.pdf 8e129d6eecd2f64ad0ececa4c87a2eb2 PDF Text Text UB Law School's "Preeminent" Student Publication wings, buffalo, edu/'law/'opinion The Only News You Need C«.tl: S.O.i. S.lO Cnnniln (ju.u [50 OPINION kMiHf) YEARS OF THE OPINION Vol. 50, Issue #7 "Vi Veri Veniversum Vivus Vici" October 26, 1998 This Week: Desmond Moot Court Annual Competition Attracts Buffalo Legal Community's Best and Brightest for Judges By Kevin Clor Special to the Opinion It is that time of year for the University at again Buffalo, School of Law. Second year students will compete for limited space on the prestigious Buffalo Moot Court Board. There are 60 students competing for approximately 25 spaces. Positions on the board are highly competitive, since prospective employers put a heavy emphasis on law journal and/or moot court experience. The competition will take place this week. Preliminary Rounds are scheduled for October 26 and 28. The Quarterfinal and Semifinals are scheduled for Thursday, October 29. These rounds will take place at the Erie County Courthouse. The Quarters will start at 6:30 PM, and the Semis will begin at 8:30 PM. The Finals will also take place at the Erie County Courthouse on Satur- day, October 31, at 1:30 PM. While the Law School has a similar competition every year, this year's competition is extraordinary in several ways. First, the issue to be ar- Securities Clinic is Open The University at Buffalo schools of Law and Management have opened a Securities Clinic to provide both legal assistance and investment education to local investors, including investors of modest means. The clinic, one of only four in the nation, is a member of the Pilot Arbitration Securities Clinic Program sponsored by the U.S. Securities and Exchange Commis- sion. It is the only clinic in the SEC's pilot program that has an Investment Education Service designed to provide an unbiased education about the variety of investments available and how to evaluate whether these investments meet an investor's goals and objectives. The Investment Edu- cation Service will conduct regular public seminars on topics related to effective investing, as well as issue a newsletter addressing basic issues pertaining to effective investing and analyzing new investment opportunities. It also will offer independent evaluations of individual investor portfolios and certain financial products, such as mutual funds and derivatives. "The Securities Clinic will benefit both the local investing community and students," said Cheryl Nichols, Preliminary Rounds October 26/28 Quarterfinals Semifinals October 29 Finals Erie County Courthouse October 31 1:30 PM lished Center for the Study of Business Transactions, also a joint effort between the law and management schools. In addition to the education service, the clinic will offer a Disputer Resolution Service to provide legal representation to investors who cannot afford legal assistance in resolving disputes with investment professionals, who do not feel comfortable representing themselves in an arbitration or mediation proceeding and whose claims are too small— $25,000 or less—to be pursued cost-effectively by the private Continued on page 3 years to come. Second, at this year's competition, only judges and trial lawyers will preside over the appellate-style arguments given by the students. For example, Judge M. Dolores Denman, Chief Judge for the Appellate Division, Fourth Department, and the HonorableArlin Adams of the 3d Circuit Federal Court ofAppeals, will judge the Finals on Saturday, October 31. JudgeVincent Doyle, 111, Chief Administrative Justice for the Bth District, and the Honorable William M. Skretny of the United States District Court for the Western District of New York will preside over the Semifinal rounds. Finally, the Buffalo Moot Court Board is pleased to announce that the Erie County District Attorney, Frank Clark, has agreed to judge during the Quarter finals. Dean Fleischmann Hosts TV Show By S.A. Cole UB assistant professor of law Editor-in-Chief and co-director of the clinic "I come up with the with Joseph Ogden, UB asso- concept, I line up the guests, I ciate professor and chair ofthe put together a script, and I host Department of Finance and the show," saidUB LawAssisManagerial Economics. "Intant Dean Ilene Fleischmann. vestors will receive quality le"I view this as my volunteer gal assistance and unbiased in- work." vestment information, while For fifteen years now, students will acquire knowledge and skills in securities, a sophisticated and complex area of law and business." Nichols said the clinic is a unit of the recently estab- gued at this year's competition is based on the Casey Martin v. PGA case, which gripped the sports and business community last year. In this Buffalo Moot Court competition, young prospective lawyers will be formulating arguments about an issue that will be hotly contested for UB Law's Ilene Fleischmann has produced and hosted the Channel 7 show "Mind Over Myth," a public-service television program devoted to matters of public interest and debate. The topics for the program "run the gamut," according to Fleischmann, and are selected based on what the law school Dean terms "the old cliche: News you can Use." Airing every third Saturday, starting at noon, "Mind Over Myth" is both an important public service, and a great showcase for the political and legal expertise of UB Law's faculty and alumni. The show was created over twenty years ago to inform Channel 7's potentially 650,000-member audience about important matters of the day. Dean Fleischmann... Continued on page 3 Inside This Issue ... An obscenely long 2 Editorial by Cole Criminal Law Society announces Educational Panels...3 Ahren at the CSO tells it like it is!. 4 The Anarchist on Hate Crimes 6 And Cartoons!!! �October 261998 2 Bob Cratchit: Generation X-Mas Pushover? When it comes to figuring out what "generation" I belong to, I get confused. Being 25, I'm younger than most people who identify as "Gen X;" I'm also older than most people who are trendily labeled "Generation Y." Every now and then, I try to pick my own generational name; sometimes I think"Generation Prozac" has a nice ring to it. Of course, I thenrealize that"Generation Prozac" sounds like the name of a (probably very bad) rock band, so I give up. Basically, I thinkof myself as a person without a generation. This is difficult for me, because when I do things like: experience social dysphoria, wear sloppy clothes, or say to may parents "You just don't understand," I don'l have a specific generational tendency to blame it on. Generation Xers may be able to blame their cynicism on too many episodes of "Gilligan's Island," but usually I'm stuck saying: "I yam what I yam, an that's all thai I yam." Popeye being timeless icon with roots in the 19305, I figure he is not a generational give-away. At the heart of the matter, I suspect that generation-labeling is really just a way to give writers of social commentary .something to work with when they run out of ideas. Al least, this is what I began to suspect last week, when writer Brandon Stickney wrote a "My View" tor the Buffalo News, talkin' 'bout his generation. the evil of corporate greed, and second, the laudabledesire of Gen Xers to (as he put it) espouse a "philosophy of freedom" and become "a separate nation of passive Under the headline"Corporate greed has created a whole new philosophy for the Bob Cratchit generation," Mr. Stickney likened himself, and his fellow Gen Xers, to Scrooge's exploited employee; his basic thesis was that his generation is a collection of overworked, under-paid, Dickensian victims ofruthless American capitalism. Describing the vocational indignities GenerationXers have to bear, all because they love their fellow man and don't want to be nasty, corporate sellouts, Mr. Stickney declared "We are the Bob Crachits who have not accepted our positions under America's corporate Scrooge mentality." The Crachit analogy was backed up by harrowing tales of cubicles, twenty-thousand dollar-ayear salaries, and (the horror) people with college degreesselling computer parts for a living. While assuring us that the people in his examples were not "lower-class losers," Mr. Stickney described friends, "from prominent families," actually forced to work in warehouses to survive. His catalog of employment pain went on and on, with only occasional pause to explain to us, the readers, thai all of these people's problems arc no fault of their own. And whose fault are Ihcy? Mr. Stickney did offer an answer, an explanation for the vocational laxness of his generation. What was this explanation? He attributed their unimpressive employmentsituations to two things: first, protest." My response to this article took place on 3 levels: Level 1: Cool, I thought. This man is wearing fingerless gloves in his bylinephoto. What can I say? I like fingerless gloves. That Bob Crachit: what a sexy guy. Level 2: Cool, I (again) thought. This man is firmly opposed to big, nasty, greedy corporations. What can I say? I don'tlike big, nasty, greedy corporations. That Bill Gates: what a mean guy. Level 3: Wow, I reflected. This guy is REALLY annoying me. What can I say? I am easilyannoyed. Especially by "upper middle class" writersfrom "prominent families" who sit around watching MTV, think the world owes them something, and cherish illusions that they are somehow "principled," and not merely "lazy." My first hint that Mr. Stickney's article would set off my annoyance alarm was when, shortly into his seventh paragraph (yes. I was irritated enough to count the paragraphs), he posed the question "Lower class losers?" alter describing all the ill-employed people mentionedabove. Now. I may be sensitive to the point, since my family has teetered on the edge of the lower- ' WE GOT (a) LETTER! tive of my unknown colleague's conduct that I am going to return the fate*?/* Editor ofthe Opinion... vor with some free advice. Enjoy your career, This is a "thank person who accidentally you have started off on you" note to an unknown mistook the outline in my the right foot. And please colleague. Two weeks box with my name on it don't forget to mention ago a kind 2L placed an as their property for re- this act of kindness when outline in my mailbox for turning it to me. It will you take the Bar. my perusal. The outline be very helpful for my was accidentally taken own studying and to the Sincerely yours, from my box and re2L who it belongs to as turned 10 days later. I he prepares for the Bar Bill Taylor, 1L would like to thank the exam. I am so appreciaOctober 16, 1998 Editor in Chief Graphics and Layout Editor Business Manager Managing Editor I Op/Ed Editor S.A. Cole Staff: Ken Grant News Reporter News Reporter Dan Baich Cindy Huang Russ Klein News Editor Web Editor Web Editor Vacant Leonard Heyman Russ Klein Photographer Ken Grant Columnist Columnist/Chauffer Columnist Columnist Columnist Columnist class for centuries now, but by no means do the lower classes have a lock on being uselessly employed. In fact, it is the lower-classes that have done the brunt of the work in this country: digging canals, harvesting food, working in factories, or, god forbid, toting things around in warehouses. The point? By no stretch of the imagination does being "lower-class" make you a "loser." Coming from a long line of painters, bus drivers, and shortorder cooks as I do, I bet my "loser" predecessors could beat the snot out of Mr. Stickney's "prominent" ancestry any day of the week, at least as far as productivity is concerned. Meanwhile, Mr. Stickney's "prominent" or "upper-class" family is probably part of the caste that cultivated the tradition of corporate greed in America in the first place. Mind you, this is the group that Mr. Stickney blames his sloth and political apathy upon. He may assert thathis generation's "humanism" is what keeps them alienated from the System, but in my book, categorizing honest laborers as "losers" is not a sign of esteem for one's fellow man. Rather, it is a sign ofelitism and snobbery. Elitism and snobbery, when coupled with Mr. Stickney's feeble so they could smoke "Kamel" cigarettes and talk about "South Park." I also have the feeling that GenerationX might complain a bit more than the feebly desperate Crachit if their boss refused to honor theminimum wage. Data entry in this modern world isn'ta dream job, but it beats theheck out of data entry in nineteenth-century, bah-humbug London. I understand that Mr. Stickney means to qualify his remarks when he calls himself "a modern-day Bob Crachit," but his analogy fails in another aspect, too. Bob Crachit, as you will recall, was grateful to his employer—to the point of being almost annoying about it. Graciously evoking the Christmas spirit, he repeatedly toasted "Master Scrooge" throughout A Christmas Carol, hoisting his glass and forcing his wife to join him in thanks. In other words, Bob Crachit was not two-faced; he both walked the capitalistic walk, and talked the capitalistic talk. Unlike some people I know.... Most so-called Gen-Xers do not offer thanks to their employers. Further, when it comes to drinking, probably the only thing they hoist in honor of their em- assertion that love for his fellow man is what keeps him from being ployer is a single, prelty-much-unprintable finger. The problem here is that while Mr. Stickney asserts that Generation X has "refused to pursue lucrative jobs as ambulancechasing lawyers, insurance agents, truth-bending stockbrokers or drone government employees," they are still working in positions that support those entities. Is it more principled to be thedata-entry lackey for a stockbroker than it is to be the "truth-bending" stockbroker himself? No, it isn't, and you're making a lot less money,besides. My point is, contrary to Mr. Stickney's assertion, there is no such thing as "passive protest." Ghandi used a form of "passive resistance" known as "Sachigraha," but this involved courageously refusing to budge in the face of violence, not getting a job at your local Quickie-Mart. There is nothing rebellious about selling slushiesfor a living. What many in Generation X—and my own generation—fail to realize is that for every unscrupulous action, there can be a principled reaction. Don't like ambulance-chasing layers? Become a lawyer, politician, or judge, and change the liability laws. Don't like truth-bending stockbrokers? Become an economist and write truth-telling articles for the WallStreet Journal. Don't want to be a government drone? Join a grass-roots organization and work to change government. None of these things may be financially rewarding, but Generation X has apparently forsworn the need to pursue filthy lucre. If money isn't important to you, but principles are, get off your butt, turn off Seinfeld, and prove that your Gen-X ennui isn't just a big act to transmute laziness into culturally defiant cool. Which brings me to my last point. If Gen-X is so against big, greedy corporations, why do they (according to Mr. Stickney) spend so much timewith "movies, books, a financial success, equals only one thing: hypocrisy. You want to be a snob? Fine. But don't pose as a humanitarian if your inborn sense of elitism betrays you at the very beginning ofyour humanistic assertions. I'm not fooled, and neither are the other "lower-class losers." At this point, I should have just stopped reading the article. Like a passerby at the scene of a gory accident, however, I just couldn't stop looking at the page. The next thing about Mr. Stickney's article to stick in my craw was the idea that his lite is somehow comparable that of Dickensian bookkeeper Bob Chrachit's—in any way, shape, or form. I mean, really. I'd like to see what "Generation X" would do, ensconced as they are within protective cubicles, if their employers refused to turn on the heal one day during the winter. Or, if they weren't allowed 15-minulc breaks Dave Allen Peter DeWind Howard Beyer Gabe DiMaio Randy Janis Katie McDowell Peter Nicely Adam Perri The Opinion, SUNY at Buffalo Amherst campus, 7 John Lord O'Brian Hall, Buffalo, New York 14260, (716) 645-2147, is published weekly throughout the Fall and Spring Semesters. The Opinion is the student newspaper of the Stale University of New York School of Law. Copyright 1998 by the Opinion, SBA. Any reproduction of materials herein is strictly prohibited without the express consent of the Editor-in-Chief and piece writer. Submission deadlines for all articles are every Wednesday preceding publication (if il'son disk, you can push it to layout time on Thursday...no later that 6:00 PM, please). Submissions should be saved in IBMWordperfect 5.1; please enclose printed copy for safety's sake. Write your box number on your disk if you want it returned. The Opinion is printed at the Buffalo Ncwsprcss. While the Opinion will not prinl libelous or anonymous material, all submissions shall be printed entirely and exactly (so proofread your materials), provided they are signed submissions from a member of the UB Law community (students, faculty, staff, alumni). The Opinion in no way endorses Ihc viewpoints of its various columnists and conlributors. Considering that the Opinion isn't actually a sentient being, it also doesn't think there's anything wrong with any viewpoint expressed in this publication. Vi Veri Veniversum Vivus Vici. "We have a First Amendment and we know how to use it." Continued on page 7 �I Volume 50, Issue 7 3 Dean Fleischmann... Continued from page 1 for several other women's -magazines. She has also free-lanced for The Buffalo News. While numerous faculty have appeared on "Mind Over Myth" over the not all of years, "I believe my questions are the questions ordinary people would ask, if they were there in the studio," said Fleischmann, who moderates the 28-minute program. The show is unedited, and broadcast Fleischmann's shows have in a delayed-but-live feed."We concentrated on legal issues. get great guests because it's a "I interviewedWolf opportunity for well-informed Blitzer, before he went off to people to express themselves on CNN," said Fleischmann. "I important issues." Sound bites also interviewed authors Bill are not a part of the program, Nowak, and Leon Uris." and the average number of Sometimes, her guests, three, leaves ample time shows erupt in controversy, for each guest to give complete with guests arguing passionanswers to Fleischmann's ques- ately with each other, but tions. conflict is not the intended Dean Fleischmann purpose of "Mind Over brings to her show an extensive Myth." Fleischmann commedia background, as well as mented on crafting the show to be on the cutting edge of the valuable contacts that ento ÜB's able her bring profes- important, controversial issors onto theshow. With a massues, without staging a shoutter of arts degree in English Lit ing match. She says: from Buffalo State College, "I try to make it inFleischmann has worked as a teresting in other ways. I incolumnist for the Buffalo Couclude people who have rier Express, as a features edihands-on experience, and try tor for Woman's World magato get their stories." In her zine, and as a free lance writer efforts to recruit interesting Topics covered on "Mind Over Myth" with UB Law Faculty include: Lee Albert...."Babies at Risk" Bob Berger...."Superfund" Barry Boyer...."Environment" Charles Carr...."Alternatives to Incarceration" Markus Duber...."Death Penalty" David Engle...."Kids with Special Needs" Chuck Ewing....most recently, "Children Who Kill" Lucinda Finley...."Sexual Harassment" Bill Greiner....talking about SUNY Buffalo George Hezel...."Affordable Housing" Susan Mangold...."Childhood Sexual Abuse" Isabel Markus..."Women's Rights" Errol Meidinger...."Superfund" Makau Mutua...."Human Rights" Nils Olsen "Environment" Melinda Saran...."Attention Deficit Disorder" John Sheffer...."Regionalism" Susan Thompkins.... "Domestic Violence" Tony Szczygal "Long Term Care/Medicare" Next on "Mind Over Myth": "20 Years After Love Canal" A Discussion featuring Bob Berger, Errol Meidinger, Diane Heminway, Dr. John Vena, and Ted Steegman guests, Fleischmann has interviewed: a former death-row inmate, a doctor dismissed from a local Emergency Room due to being HIV-positive, and a former member of the UB Law community accused by Harvard Law ProfessorAlan Dershowitz with being anti-Semitic. That last guest, nowdeceased UB Law Professor Muhammad Kenyatta, was part of a show discussing racial strife between Jews and African-Americans. "The show is substantive," said Fleischmann. And while it does not shy away from controversy, it does focus on being informative, so that argument doesn't override the show's educational aspects. One of Dean Fleischmann's favorite shows dealt with physician-assisted suicide. The episode coincided with the Supreme Court's consideration of the issue back in 1997, and was aired before the Court's decision came down. "We had Dr. Robert Milch, from Hospice, Dr. Richard Hull, an ethicist from ÜB, and Susan Regan, a UB alum in private practice, who works with said hospitals," Fleischmann. Over 20 professors, adjuncts, and alumni have appeared on the show over the years. Appearing as experts on the local ABC-affiliate Channel 7 highlights the political awareness and community involve- of the UB Law faculty. "My job is to make the law school look good," said Fleischmann, whose responsibilities includes alumni affairs, public relations, publications, and communications. "Using our faculty as experts on the show enhances their credibility in the eyes of the public." The next "Mind Over Myth" will be aired on December 19,1998, at 12 PM on Chanment ne!7. Criminal Law Society Educational Panel The Criminal Law Society is happy to announce the first in a series of educational panels. The panel will be dedicated to local prosecutors and is scheduled for Wednesday, November 4th at 7:00 PM is room 109 of O'Brian Hall. The Speakers scheduled for the panel are: Kathleen Mehlretter Criminal Division Chief, U.S. Attorney's Office Paul Moskal Chief Counsel, Buffalo FBI Office Peter Weinmann Narcotics Bureau Chief, Erie County DA's Office The presenters will speak about the nature of their jobs and how best to prepare to become effective prosecutors. The panel is an excellent opportunity to initiate the summer job hunt. lL's are especially encouraged to attend. Keep your eyes open for future panels, including a panel dedicated to defense attorneys next semester. Translation of our latin motto: Once is funny, Twice is boring, Three times is a spanking. * * In reference to how often the computer crashed during layout this week. \Securities Clinic Opened by UB Law School Continued from page 1 securities bar. The Dispute Resolution Service will aid investors in resolving disputes with investment professionals through arbitration, mediation and the preparation of letter of complaint to the appropriate industry self-regulatory organizations and/or government agencies. Clinic services will be provided by third-year law students and graduate-level management students—many of whom are in the joint JD/ MBA degree program. In addition to the clinical work, students will meet weekly to cover the substantive law, develop practical legal skills and evaluate various investment instruments. The co-directors of the clinic also will be available falo law firm of Falk & ■to provide technical assistance Siemer was instrumental in and training on securities issues setting up the clinic. to private attorneys and investAn adjunct faculty ment professionals. member in the law school, Nichols, an NASD McGrath teachers some of Regulation, Inc. arbitrator and a the substantive law courses former senior enforcement attorthat students must take in ney with the SEC, has more than order to participate in the eight years of experience in the clinic. He is a leading pracfinancial-services industry. titioner in the area of Ogden has testifies in plaintiff's securities arbitralitigation cases involving investion and has practiced in the tor-broker disputes, has written area for more than 30 years, extensively on various topics he has won the highest concerning the financial maraward in Western New York kets-including bond, futures and for a plaintiff in securities aroptions pricing—and has won bitration. several research awards, includMcGrath is also an ing the American Association of arbitrator for the NASD Individual Investors (AAII) Regulation, Inc. and the New Award of the Financial ManageYork Stock Exchange. ment Association for Best Paper For further inforInvestments. mation on the Securities in Nichols noted that Clinic, Contact Nichols at Donald G. McGrath of the Buf- 645-3193. �4 October 26 1998 CSO Speaks Oat! Hey lL's: the summer job search is about to begin. The National Association of Law Placement (NALP) guidelines for recruitment ac- tivities directs law schools to wait until November 1 to offer first-year students the ser- vices of their Career Services Office. That date is around the corner. So that you can hit the ground running, the Career Services Office is conducting a series ofprograms to prepare you for the job search. Program 1: All Class of 2001 students, as well as all transfer and 24-hour students, are required to attend one CSO Orientation meeting. During the program, you will learn about the CSO resources, services, and the hiring calendar. Students can choose one of the sessions that best fits their schedule (no sign up required, just show up). Choices are: Wednesday, October 28, - By Ahren Astudillo, Special to the Opinion writing a resume for the le-1998--3:ISPMgal market. After attend107 Thursday, Oc- ing this mandatory protober 29, 1998- gram, first-year students may then schedule an -I:3OPM-Room 106 appointment at CSO for Wednesday, November 4, 1998- a one-on-one resume review. Again, students -B:4SAM--Room 214 should select the date that is convenient: able times: schools). These are also great Tuesday, November ways to interact with people who have rich law and public 3-9:OOAM-Room 107 backgrounds, and to Monday, November interest their advice on how to get get 9-ll:30AM-Room 109 a public interest career started. Speaking of summer employment...the NAPIL Career Fair is coming! The NAPIL Fair is coming! Every year, the National Association for Public Interest Law sponsors a career fair, complete All first-year students Thursday, Octo- with interviews, table-talk, and are required to attend ber 29-3:15-Room 106 panel discussions. This year, the an informational sesNAPIL career fair will be held on Monday, Nosion on Resume Writ- vember 2-11:45A- November 6, 1998 at the University of Maryland. It costs nothing ing. If you have attended M 107 to attend the fair. Although firstlecture the in such a past, Wednesday, Noyear students cannot participate in we still want you to attend. If you already have a re- vember 4--3:ISPM-- the formal interviews (resumes submitted in advance for presume, we still want you to Room 107 screening and selected students are have attend. If you your set for a specific interview time summer job already lined 3: Program slot), they can participate in table up, we still want you to atCSO will hold two ses- talk (informal interviewing) and tend. If you plan on taksions outlining the sum- attend the panel discussions (aning courses this summer, we still want you to attend. mer job market. Again, other informal opportunity to meet students need only to with attorneys, law students and The program will give a foplacement officials from other law cus and perspective on attend on of the avail- Program 2: Finally—thank you to the over 120 students who attended CSO's first annual Career Information Fair on Saturday, October 3. We now would like to have your feedback so that next year's event will be bigger and better. Please stop up in CSO to pick up an evaluation form. If you just want to write us a note with your comments or suggestions, that's fine, too. We really want to hear from you!! If you have any questions, comments, and letters, submit them to Box #4, so that I can answer your concerns in the next column! —Ahren Astudillo is the Assistant in the Career Services Office-- BRINEWS EFS Whose the huge conglomerate that always gets its way ... Facing the loss of their exclusive right to Mickey By Peter DeWind individuals, such as recording artistsand authors, have been extended to 90 years from the previous limit of 70. This was said to be necessary to provide Americans with the same Mouse, Disney has led the fight to have copyrights extended. Congress has granted protections found in Eutheir wish by voting to extend rope which had extended copyright protections for an their own copyright limits additional 20 years. in 1995. Walt Disney Co's The bill was rights to the beloved cartoon opposed by groups such as mouse are currently due to the American Libraries expire in 2003. Their Association, who rights to other characters, in- worried about public accluding Goofy and Donald cess to information. Duck, were due to expire Spokesmen for the librarshortly thereafter in 2009. ies Disney, perhaps, realized the expressed concern devastating consequences to that this bill was simply world youth which would folabout corporate profits. low from a different company The real reason for copyproducing mouse merchandise right laws, they claimed, in overseas sweat shops, (adwas to create incentives for ditionally, think of the horror the production ofvaluable of Mickey Mouse-suited public information, not to goons able to grope small perenhance returns on that insons outside of the martial formation. The legislature state called Disneyland). In addressed these concerns their infinite benevolence, by allowing groups such as Disney teamed up with Time libraries and schools Warner to lobby the legislature broader use of copyrighted for a change in the copyright materials during the newly law to prevent such eventualiextended 20 year period. ties. In the end, the The result is a bill muscle of the Motion Picwhich extends corporate copyUe Association of right protections to 95 years, America, Disney, and 20 years beyond the previous Time Warner were persualimit of only 75 years. Addisive. Disney executive tionally, the copyrights heldby Michael Eisner personally met with Senate Majority Leader Trent Lott earlier this year to discuss extending the mouse monopoly. Most of thesponsors in the House and Senate, such as Lott, received generous campaign contributions. For example, Orrin Hatch, Chairman of the Judiciary Committee, is reported to have received $6,000 from Disney and $10,000 from Time Warner alone. It was the Judiciary Committee Subcommittee on Courts and Intellectual Property which ruled on the measure and introduced it to the house. The measure sim- ply awaits President Clinton's signature. (Look for our future headlines including, "Congress decrees ownership of Simba lunch boxes compulsory" and "Fed promotes Disney Dollars as the official US tender".) You're still pissed about that? has A court awarded $37,500 to a prison inmate who alleged that the prison was negligent in allowing his prior shooting victim to guard him. In 1991, Zeferino DePina shot Filipe Monteiro in the head. DePina claimed he was provoked, but pleaded guilty to assault. He was sen- tenced to a term of 4-12 years, and sent to Massachuset's Walpole State Prison in June of 1992. In July of that same year, Mr. Monteiro, having recovered from his wound, was hired by the Department of Corrections. He secured an assignment at Walpole in August. DePina claimed that a pattern of abuses and intimidation followed which the Department of Corrections. He secured an assignment at Walpole in August. DePina claimed that a pattern ofabuses and intimidation fol- the risk of harm having Monteiro as a guard. Monteiro was transferred to guard another prison in 1996. In a case Midwestern moralists are closely watching An Iranian court has upheld the death sentence of a German man convicted ofhaving sexual relations with an ... unmarried Muslim woman. According to Muslim law, a Muslim man's "inappropriate sexual relations" carries a pen- alty of flogging. Helmut lowed which caused him to fear for Hofer, however, is not a Mushis safety. Monteiro would stare lim. Unfortunately for Mr. at DePina and asked him why he Hofer, a 56 year old German had shot him. The daily torture was citizen, the penalty for a nonintensified when Monteiro filed Muslim schtupping an unmarreports which placed DePina in the ried Woman is death. The prison disciplinary unit. Monteiro woman, 26 year old Valideh immediately had himself transQassemi, was sentenced to 100 ferred to that unit where he reportlashes for her indiscretions. edly engaged in such conduct as The German governrepeatedly banging on DePina's ment had been assured the sencell doorto prevent him from sleeptence against Hofer would not ing. At one point DePina claimed be carried out as he had dehe was beaten and threatened with clared his intentions to convert death while in a shower to the Muslim faith and marry room. Ms. Qassemi. In spite ofthese When DePina complained placations, the appeals court to the director of the disciplinary upheld the execution order and unit, has placed the two counties Phillip Harrington, he was relations in jeopardy. told "I don'tknow what you expect, you shot the guy in the More of Peter's head." The jury found the Briefs can are... prison had been "deliberately, recklessly or callously indifferent" to Continued on page 7 �Volume 50, Issue 7 5 If you register before NOVEMBER fsf THIS OFFER WILL NOT BE REPEATED AND WILL END NOVEMBER 1ST!! HMnnb. S&3888 fIfIfIHSWHMT MtKKKSKKKHStI jWBBBBWfWW^^v /VfiW YORK-MULTISTATE BAR REVIEW 1-800-G35-65G9 �October 26 1998 6 THE ANARCHIST -(E)- by IMPULSE HATE CRIME LEGISLATION The tragic death of Matthew Shepard has once again brought to the forefront a flurry of people trying to bring about the institution of "federal hate crime legislation." Unfortunately, far too many good meaning people are being sucked inby this dis- turbing concept. To make a long story short, Matthew Shepard was a gay man out in the Midwest who was supposedly murdered by two men, mostly because he happened to be gay. The two men apparently tied him to a post and pistol whipped and beat him severely, and thenhe was left for a long period of time in nearfreezing weather before he was found comotose and neaT death (he died several days later from his injuries without everregaining consiousness). The two girlfriends of the accussed supposedly aided and abetted the two men in the disposal of evidence after the fact. Two different explanations have been given as "excuses" for what happened. One story has the two men merely committing an act of robbery-gone-awry. The other explanation puts Matthrew Shepard as having made a pass on one or both of the two accussed killers. Fast forward to after the fact. In response to this gruesome murder, a new call has been made for federal hate crime legislation. Federal hate crime legislation would put the federal government crime fighters on a new level and playing field. The idea would be to criminalize not only the act (such as murder, which already happens to be illegal on a state level), but also the rationale behind the crime. In this particular case, the two men could face hate crime charges if it is found that their murder was motivated by the sexual orientation. It would be an extension of the powers already wielded by the federal government in terms of "civil rights violations" (which is how the federal government managed to perpetrate a double jeopardy trial against the Rodny King cops). I believe that turning towards federal hate crimes legislation would be bad policy. Essentially, hate crimes are The "thought crimes." accussed is charged additionally with not only commiting the act, but for having unsavory reasons for doing so. One of the easiest places hate crime laws could be applied to is racist/sexist/ homophobic graffiti. It is one thing to prosecute someone for vandalism. That is easy. However, charging a racist graffiti artist with a hate crime is in reality prosecuting someone for the content of their political message or for having re- Russ Klein -(A)- by Russ Klein pugnant beliefs. It is possible that we can open ourselves up to real problems if we permit people to be prosecuted simply because we do not happen to like what their message says, or because we find their message morally repugnant. Think about it. In the where we supposedly land have "freedom of thought" we are faced with the prospect of being prosecuted specifically sides, if someone thinks I am gay, and has a problem with it, then you know, chances are I probably shouldn't be friends or associated with them anyway. One other valuable tool to deal with intollerance is education. One thing is for sure: People were horrified about the whole Matthew Shepard incident. It is a terrific opportunity to really educate people about the problems for the very thoughts we have within our head. I have no that exist for various commudoubt that there are people nities. One obsenely dumb who would say that "certain group of college students (a groups need protection as fraternity and sorority, specifiwell." However, this is the cally, I believe) set up a float wrong way to go, and perhaps ridiculing Shepard's experithe most dangerous political ence (they tied a scarecrow to solution to a complex problem. a pole and wrote "I'M GAY" You may be asking on one leg and "up the ass" on what some solutions may be? the other leg. The national fraWell, for starters, you can ex- ternity acted in a proper manamine the way you personally ner, by disbanding that chapter, and showing their disapreact to situations. 1 have noticed among the rest of the so- proval. But should these called straight community that people be charged with a crime there is an almost knee-jerk merely because they exhibited extraordinarily bad taste? No. reaction: If you proclaim yourself to be "pro-gay and lesbian The choice of paths rights" it seems like thereis an before us is pretty simple right almost immidiate follow up of now, but neither one will get us where we want. If we enact "even though I am not gay/lesbian" or something simmilar. hate legislation, people will I have caught myselfsaying it. still do heinous things to other It would seem that if I have no people (is it possible that this problem with being called recent Shepard murder could straight, and I am comfortable have been done for a reason with my sexuality, and I am OTHER than hate?) forracist, pro-"equal rights for gays and homophobic, or mysoginist lesbians" then what should I orientedreasons. Federal civil care what others think? Berights legislation has not ended the civil rights nightmare in this country, and there is simply no reason to believe that hate legislation will do any better. However, if we go down the other road, and counter with education and preaching tollerance, we will avoid the entanglements of instituted thought crime. Some may say that I don't understand the extreme difficulties that some other groups have faced. I am white, straight, and male. OK, I am Jewish, but I avoid antisemetic remarks against me by "not looking Jewish" (this doesn't mean that people don't callously make them around me, it just means that they don't say them at me). My elemetary school was paranoid withkids who had no idea why, but they hated Russians because of the cold war, but I simply never told anyone I was Russian, and my name was nice and German sounding. Yes, there are cruel people in the world. The extent of some people's hate is so strong, that it actually inspired them to protest at Matthew Shepard's funeral (I heard that they were minions of Reverend Phelps, who has apparently dedicated his time to attacking homosexuals by protesting their funerals. To read a sick rendition of what this "person" thinks, check out <http / / www.godhatesfags.com>, but beware, this will probably disturb you a great deal. Someone has finally done a counter at <http:// site www. godhatesphelps.com>). But punishing people for the thoughts in their head will not do anything to solve the problems. Ironically, it would do a disservice to people who were attacked because of who they are if we prosecuted their attackers for what they : think. Coming to UB Law... Brigadier General Theodore G. Hess UB Law Alumnus, Class of '78 and Staff Judge Advocate to the Commandant, United States Marine Corps "Managing a Large Firm" Friday, October 30, 1998, at 2 PM, in Room 210. All are welcome. �Volume 50, Issue 7 7 Peter's Brief 5... Continued from page 4 And I think waiting at the deli counter is cruel and unusual hicles. Judge Kahn ruled that the disabled's access to roads is not different than their access to public buildings. This R.M.S. Titanic Inc. alone was to have salvage, photography and visitation rights to recover their expenses. McDowell has ar- gued that the Virginia Judge's jurisdiction ends in Virginia and does not reach international waters off Nova Scotia. The case has been appealed to the 4th Experts fear the chilling effects this case will have. They argue that this will cause people to avoid treatment altogether and will force psychiatrists to break confidentiality. ... A.X.A. Ginger Spice. No doubt the sole reason for the discuss new Halliwell's role as UN goodwill ambassador. It is reported that she will again travel the world, this time promoting meeting was to AIDS awareness and condom And briefly use instead of bubble gum pop A book forthcoming Conservation also The Supreme Court has cleavage. A called World of and Encyclopedia refused to hear an appeal from a uses for vehicles. Judge and Champagne Sparkling An emergency disFlorida man who has been on Kahn ruled that the Wine threatens to in Volusia County disrupt patcher U.S. Circuit Court of Apdeath row for 23 years. InEUedge disabled's access to roads has been fired for usrelations Florida between and England v. Florida. William D. Elledge is not different than their peals in Richmond. France. The English author, Tom ing the 911 emergency line as claimed that this period of time access to public buildings. Stevenson, claims champaign a pick up device. The operator Tarasoff troubles amounted to the type cruel and This will allow vehicular A psychiatrist was developed by the English in frequently propositioned feunusual punishment prohibited by traffic on such roads as the has been foundliable for his 1662. This is 20 years before the male 911 callers and asked the Eighth Amendment. Justice emergency fireroad below them for dates. He was also French monk Dom Perignon beof Stephen Breyer was the only the state's highest peak patient's molesting a 10found to have used the emergan making hisfamed datingaid. -year-old boy after not projudge to express indignation at the leading to Marcy Dam. UN Secretary General gency database to look up viding a warning of the length of time prisoners are kept Kofi Annan, an otherwise busy women's ages, phone numbers There was a guy, patient's pedophiliac deunder the threat of death. and addresses. man, met this past sires. an Joseph DeMasi, He argued that the delays who controlled all the Halliwell, Geri with at the aspiring psychiatrist were due to laxness of the state Seas... New York Medical College, The first tourist prisoner. and not the actions of the was undergoing the mandato see the Tiexcursion Further, after 23 years, the purtory psychotherapy required floor tanic on the Atlantic a is no pose of executing prisoner to Continued from page 2 something to write about when complete his training. He this week wrapped up Paul longer served. Justice John told his DouDr. as to its therapist, they've run out of ideas. amid questions simiStevens, who had expressed and art?" I have news for you, Mr. Generation X, the Pepsi inIngram, led of fantasies glas by tour, The legality. silent The vast Stickney. lar views in 1995, was this majority of Generation, Baby Boomers, Australian Mike volving molesting young "movies, books, and art" are protime around. Generation Next...all these Though Dr. McDowell, used Russian children. duced or owned...by big, greedy are tools of "corporate things corporations. Sure, road kill is part of owned equipment to take Ingram discussed the revtelling as what to buy, The movie "Reality Bites," America," elations with his colleagues, European several and wild too the what to like, and how to feel. I which (badly) depicted the stereoAmerican passengers to no action was taken on the The Americans with Disfellow citizens, typed character of Generation X, encourage my regardless of their age, to conabilities Act has been found to the sea floor. In doing so information and DeMasi was produced by a big, greedy cortemplate that the next time someapply to New York State's forever they ignore a court order was granted his license to poration. Douglas Coupland's child J. one tries to paste a particular practice psychiatry. U.S. District Judge by wild areas. New York's Constitubest-selling book, Generation X. cultural label upon you. Don't Dr. that no Ingram argued Clarke Jr. who Calvitt tion provides for certain wild arwas published by a big, greedy corit from Douglas believe been had specific targets that R.M.S. Tionly Bunch," ruled "The poration. Brady eas, such as the Adirondack high the Hollywood movie Coupland, "Batman," and "Star Wars," culpeaks, to be "forever wild". tanic Inc., an American identified and that DeMasi or even (heh) TheBufindustry, tural touchstones of Generation X, salvaging outfit, has rights had claimed he would never Among other things, this prohibfaloNews. They all have someare all created, promoted, and exmolest really anyone. to visitation. its airplane and automobile intruthing to sell you. As Bob ploited by big, greedy corporations. 1987 Dr. In Clarke ruled in sion into such areas. a character created by Crachit, And Generation X, rather to be bought and sold Dickens In the first ever ruling of Junethat any visitation by DeMasi was found guilty than working for these companies, 3 boys, for molested having would devalue of the time, newspapers McDowell the in this sort, U.S. District Court Judge works to support them, consumwas ten being one of which the could tell a creation you: RMS Titanic Lawrence E. Kahn ruled that the ing their TV shows, movies, actions that much fun. suit of commerce isn't old bringing boy The year state Inc.'s investment. ADA overrides the figures, lunch boxes, and "the And the pay just stinks. book-about-the-movie" books. Constitution's protectioas of these Judge reasoned that the against Dr. Ingram and the Enjoy this week's issues Mind you, I don't believe school for failure to warn. company's removal of arareas. He found it was a "reasonI hope every one Opinion. of the there actually is a "Generation X." able accommodation" to allow tifacts from the ship, quite The suit against the school a Break. had nice As I've said, I think generational an expensive operation, was dismissed but Dr. disabled persons to use automolabels are something created by to be was found Ingram was an investment in presbiles on roads which the state's S.A.Cole writers of social commentary, as Editor-in-Chief Department of Environmental ervation to the benefit of partly liable for the damages Conservation also uses for ye- all mankind. Therefore, the molested child suffered. ... Cole's HUUUGE Editorial DPOLMITCNA ALLEY R aisn by fioss v\.un(v �October 26, 1998 * Volume 50, Issue 7 8 Environmental Law niwwi" 431> 1 Colloquium *"» will meet Paul Reitan Professor Emeritus Department of Geology SUNY Buffalo _„ Wednesday, October 28, at 6:45PM GREENOUSE EFFECT AND GLOBAL CLIMATE CHANGE: REAL? Monday, November 2, 1998 4-6PM Room 212 O'Brian Hall nriiirii IUI 1 rinn cam do. *s?eM*r ny vtoRK- "fctT" l/iTrtr V/r\6M You ,v iV¥"V tfUP COURSE*, [WrrH NO CLONES I ?WrTftVßda;>t\C» 3uc« T«nK fwV :: (towel! Room 210 LUJ | | Motictftßtt LSfIT |mo j™ ={ i ON? ( iL\ <*;fly mLmV viSs^ 5 owtf 2l»\ Y*l-V vM To-£st USE. TU&-B.RT. HAie."Re&c>xe Txfo\ & M Vouß. I LSDS \loK.\onX& FLUNK/ Ik MHsM? V SCHOOLS. .. oR,Qmr "II ~*"U frer tbvA Usu? 3 I I PiK^lJCl«^^^fe J J � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Opinion, 1998-10-26 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. The Opinion no. 7 26.10.1998 Date Issued Date of formal issuance (e.g., publication) of the resource. 10/26/1998 Bibliographic Citation A bibliographic reference for the resource. Recommended practice is to include sufficient bibliographic detail to identify the resource as unambiguously as possible. 50 7 Publisher An entity responsible for making the resource available University of Buffalo State University of New York at Buffalo Law School Language A language of the resource eng Type The nature or genre of the resource Newspapers Text Is Part Of A related resource in which the described resource is physically or logically included. LIB-LAW003 Rights Information about rights held in and over the resource <a href="https://rightsstatements.org/page/CNE/1.0/">COPYRIGHT NOT EVALUATED</a>. The copyright and related rights status of this Item has not been evaluated. Please refer to the organization that has made the Item available for more information. You are free to use this Item in any way that is permitted by the copyright and related rights legislation that applies to your use. This digital collection is made available for research and educational purposes. Researchers are responsible for determining copyright status, and securing permissions for use and publication of any material. Copyright for items in this collection may be held by the creators, their heirs, or assigns. Researchers are required to obtain written permission from copyright holders and the University Archives prior to reproducing or publishing materials, including images and quotations. For inquiries about reproduction requests and permissions, please contact the <a href="http://library.buffalo.edu/archives/">University Archives</a>. If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/6cbf58ae83c89f8978257183f6c21907.pdf 2c69d997103072813c92b279bdfc6874 PDF Text Text UB Law School's "Preeminent" Student Publication wings, buffalo, edu/lawy'opinion The Only News You Need Cost- SI US. 4,50 DM Bundesnpublik DeutscMand, £J,2op Greatßritain. JPSK CCCP. 20.000 YHtppon, $1.45 Canada, A M Suomea, 7 Peso.% Mexico, 1,5 Guilder NfArrlanH 50 OPINION YEARS OF THE OPINION I U.S. English Langua g,- Edition Vol. 50, Issue #6 "Vi Veri Veniversum Vivus Vici" Carr Comments on Parker Verdict Jury says: "Guilty" his injury, the worker had continued to prepare food for the restaurant. Mrs. Beeler became concerned she might have eaten, or otherwise had contact with, the employees blood. She pulsion. asked McDonald's to.test their employee for blood The court determined that requiring students to take drug tests simply because of a prior disciplinary incident is a suspicionless search and violates the 4,b and 14,h Amendment Tennessee A McDonald's has been sued after refusing to test an employee for transmissible diseases. Michelle Beeler used her local McDonald's drive through to purchase Professor Can being interviewed by Channel 2. law school's first floor, and was aired live on Channel 2 at 5:00 andEvidence Professor Charles E. Carr about the verdict. The interview was conducted in the on Thursday. Introduces "LAWMATCH" Jumping onto the information super-highway, the New York State Bar Association has started an online job search progam. The program, called lawmatch, is intended to help link legal employers and attorneys or legal professionals in an online setting. The new service, open to members and nonmembers alike, allows the jobseeker to create an online profile using their resume and other information to create an Badges, we don't have to show no stinkiif badges The 7,h circuit determined that students are protected against random and suspicionless drug testing by school administrators. James Willis, a freshman at the Anderson Community School, fought with a fellow student. He was suspended. The school administration informed him that to attend classes after the suspension he would need to take a drug.test. The school's drug testing policy provided that involvement in a disciplinary incident is reason enough to subject that student to drug tests. Mr. Willis refused to be tested. For this act he was resuspended. The administration informed him that subsequent refusals would result in reresuspension. Further, the school would consider refusal as admission of drug use which could lead to his permanent ex- Special sauce contents to remain secret New York State Bar Association by Russ Klein News In Brief By Peter De Wind The Johnathan Parker murder trial concluded last week. At 3:00 PM on Thursday, October 8, the jury returned to the courtroom in Erie County Hall with a verdict of "guilty." Parker was charged with murder in the first degree. Parker, aged 20, is the first defendant to face the death penalty in Erie County in over 40 years. Channel 2 interviewed UB Law's Criminal Procedure October 12, 1998 online indentity. Employers can also use the service to create online want ads and classifieds. Once you have created an online profile, prospective employees and employers can search the database and tailor the potential candidates to their needs at the time via customized matching. The service is available of the legal community, but prices range from free for a public listing by a N YSBA member or law student to $49 for a customized profile in which a Lawmatch represento all members tative calls you and interviews you overthe phone. Prices for an employer range from $29 to $4,000. More information is available at <http://www. nysba.org/lawmatch>. an Egg McMuffin breakfast sandwich. After taking several bites she looked down and noticed there was blood on the wrapper. This blood was not her own. She drove back to the restaurant to discover the blood belonged to one ofthe line workers who had cut his finger. In spite of transmittable diseases. In .response to McDonald's subsequent refusal she has sued for $825,000 in damages and asked that the court order the tests. AnoucigA . hnnie!! On July 1, 1998,the world celebrated the arrival of a baby girl. Ahnnie Lee Weiss, daughter of deans' administrative assistant Tiffany Lane, was born at 2:01 pm at Children's Hospital in Buffalo. Ahnnie's arrival came a month early, taking by both mother and daughter by surprise. As with most preemies, a low birth weight of 4 lbs 14 oz, required a little bit of TLC from hospital staff as she remained in the Neonatal Intensive Care Unit (NICU) for a full 15 days before being discharged with a clean bill of health, to an excited and exhausted new mother. Mother and daughter have spent the last 3 months recovering and adapting to their new lives together. Their success is evident; at her three month check-up, Ahnnie's weight had climbed to 11 lbs, and a full 23 inches in length (up from 19 inches at birth), both within normal range for three-month-olds. We wish mother and daughter continued growth and happiness. Congratulations! Continued on page 4 Inside This Issue ... Get lucky with Intellectual Property. 2 Two Russes, One Poem, Sheer Magic 3 SBA President's Report 3 Alferd Packer, Peter Nicely. 5 Camelot at UB Law. 7 More Cartoons Than You'll Know What To Do With �October 12,1998 2 CLASS OF 2000 (TM?) How Intellectual Property Law Will Get You Laid and Help You Deconstruct the Dominant Paradigm Some people go bowling or skeet shooting for fun, but in my leisure time, I like to read books about intellectual property. Wow. Doesn't that make me sound like a geek? But wait! Aside from the mystic legal knowledge ac- crued when one kicks back with, say, that epic thrill-ride, The Trademark Handbook, studying "the metaphysics of the law" has a secret benefit: reading intellectual property theory is a great way to pick up guys. I met my current boyfriend while reading Copyright's Highway at the Showplace (a bar). Sure, there were girls there more interestmore attractive, ing, more...well, not just sitting there sipping whiskey and reading a book. But intellectual property is hot stuff. My guytook one look at the throb- bing legal tome I held in my hands, and he was toast. HIM: Say, is it true that copyright lasts for the life of the author plusfiftyyears ? ME: Yes, except in the case of work-for-hireproduct, which lasts for a simple term of seventy-five years. HIM: Wow. Wanna home with me? Like, now? go As you can see, familiarizing oneself with the often rocky terrain of intellectual property is definitely worth the time. This being said, what surprises me about my fellow Americans is how little they know about the intellectual property that plays such a large part in their lives. Take, for instance, trademark. A lot of people confuse trademark with patents, mistake trademark for copyright, or think trademark is what you do when you buy something in Germany. I know Editor in Chief S.A. Cole Graphics and Layout Editor Business Manager Managing Editor I Ken Grant Dan Baich Op/Ed Editor News Editor Web Editor Web Editor Photographer this not only from personal experience, but from the intro- ductions in all those aforementioned IP books I read; almost every one of them was written by a lawyer who is very dis- gruntled about non-lawyers, and lawyers, who can't tell their patent from their trade- mark. To many, the trademark symbol next to a logo or brand name is an insignia of mystery. What does that tiny "TM" really mean? Those in the counterculture may think it standsfor "The Man." Those who work for Disney may think it stands for "The Mouse." The rest of the country probably thinksit stands for "T--Mmmmm...that tastes good." Even those who know what "TM" stands for and what it means probably have only a hazy notion ofhow the law works. And those who Staff: News Reporter News Reporter know how trademark operates have probably spent very little time reflecting on how the trademark lawsaffect the capitalist system. Dave Allen Peter DeWind Cindy Huang Russ Klein Vacant Leonard Heyman Russ Klein Ken Grant Columnist Columnist/Chauffer Howard Beyer Gabe DiMaio Columnist .../..Randy Janis Columnist... Columnist Katie McDowell Peter Nicely Columnist Adam Perri The Opinion, SUNY at Buffalo Amherst campus, 7 John Lord O'Brian Hall, Buffalo, New York 14260, (716) 645-2147, is published weekly throughout the Fall and Spring Semesters. The Opinion is the student newspaper of the State University of New York School of Law. Copyright 1998by the Opinion, SBA. Any reproduction of materials herein is strictly prohibited without theexpress consent of the Editor-in-Chief and piece writer. Submission deadlinesfor all articles are every Wednesday preceding publication (if it's on disk, you can push it to layout time on Thursday...no later that 6:00 PM, please). Submissions should be saved in IBM Wordperfect 5.1; please enclose printed copy for safety's sake. Write your box number on your disk if you want it returned. The Opinion is printed at the Buffalo Newspress. print libelous or anonymous material, all submissions shall be printed entirely and exactly (so proofread your materials), provided they are signed submissions from a member of the UB Law community (students, faculty, staff, alumni). While the Opinion will not The Opinion in no way endorses the viewpoints of its various columnists and contributors. Considering that the Opinion isn't actually a sentient being, it also doesn't think there's anything wrong with any viewpoint expressed in this publication. Vi Veri Veniversum Vivus Vici. "We have a First Amendment and we know how to use it." have created? And from a cer- tain point of view, this is absolutely correct. A recent New York Times article is a good answer Now, I realize that to this question. The headline thinking about Intellectual for this article ran: "Seeking Property law isn't quite the Riches with 'Class of 2000." same as fantasizing about goThe article then deing on a date with Antonio scribed how a man named Ody Banderas. In other words, conDemetriadi has had a tradetemplating IP laws probably mark in the phrase "Class of doesn't make most people go 2000" since 1996, and how gooey in the knees and think Demetriadi plans to profit sexy thoughts about Spain. from having an enforceable However, there is an interestmonopoly over the phrase. ing battle of theory going on Forming a company named in the IP world, and as with "Class of 2000, Inc.," most battles, there something Demetriadi and his partners scintillating about it. are licensing the phrase for There are two major royalties of 8 to 10 percent. camps in the (often very bitDemetriadi does not ter) Intellectual Property Wars: plan to sue those who violate those who think IP is just the trademark—because the great! yay for property! and royalties he will charge will be those who thinkIP is okay.but significantly lower than any can be used for nefarious legal battle could possibly be. purposes...we should really In other words, it will be so step back and examine how much cheaper to fork over a copyright and everything else licensing fee, than fighting a gets in the way of developing violation charge, that others culture.... who hope to use "Class of The "Up with IP" 2000" on their merchandise people generally tend to be big will choose the low road and intellectual property holders, pay the fee. like Disney, Time-Warner, or On the one hand, this Sony. The "Maybe we should is a very enterprising tactic. In re-evaluate IP" people tend to a commendable manipulation be (in an accumulation of bedof trademark law, Mr. fellows weirder than a Demetriadi stands to make a NAMBLA conference) acalot of money. demics, rappers, da-da artists, On the other and anarchists. hand...oh, wait, I need the Hmmm...who do you other hand to wipe up that githink has more money to lobby ant pile of dung from my first Congress? hand! Oops! Most people, if they How ridiculous can bother to think about this ar- you get?!? He trademarked gument at all, come down on the phrase "Class of2000"!!! the side of Mickey Mouse. That's the dumbest thing I After all, they ask (while comever heard! What's going mendably remembering their next? John Locke), what could be The 1999-2000Term more natural than the right to of the U.S. Supreme Court profit from that which you (TM)? 2000 Christmas (TM)? July 6, 1999 (TM?) With all those people in Congress, we should be able to draft laws that simultaneously protect intellectual property, but resist absurdity. It would seem, however, that we have instead sacrificed our sense of the inane on the alter of capitalism. Maybe I should trademark the phrase "Editorin-Chief." S.A. Cole Editor-in-Chief (TM) �Volume 50, Issue 6 3 WE GOT POETRY! SBA President's Report From the desk of Tonya Guzman.... I am very excited about school, we have addressed the con- The Second Thing Roy Taught Me making things happen this year. OurE-board has already by Russ Maines been busy addressing concerns and resolving various problems. Keep in mind, SBA has to interface with the administration and sometimes this is a process, which is part ofthe reason why issues aren't resolved as fast as people would like t6 see. Our meetings may not be "exciting" but we attempt to address the needs of the students and make improvements. A few announcements I would like to make are: November s'\ SBA is sponsoring a student/faculty happy hour. Come eat, drink and converse with the faculty. Look for details posted outside SBA Office. November 20*, SBA is Back in the groovy 70$ My sister hooked up With a guy named Roy. He was a Black Guy, Which made A lot of White People Neighborhood Nervous For reasons I did not Understand at the time, But Roy was OK with me. One time When I was about six I was visiting my sister And Roy When I noticed two Black Guys On the Street Beluw. "Hey Roy," I said, "Look at me," And I leaned out the window And yelled, "HEY YOU NIGGERS!" having a talent/gong show, we've received a lot of enthusiasm already, please contact myself or any SBA member to sign up to participate or attend. This should be a lot of fun! I met with Dean Fleishmann last fall to discuss a SBA web page. Thanks to SBA rep Dave Polak we are close to having our web page completed. There are a lot of organizations that do not have a web page accessible to potential law students. You may The next thing I knew I was flying through the air, smacked into a lamp, (the bulb went POP!), Collided with the wall (BONK!). I tried to run (in vain), Motivated More By Fear than Pain But Roy came at me so fast He knocked the coffee table over (the phone went DING!). One enormous hand Grabbed me by the seat of the pants While the other cracked me upside want to create one and link it to the UB web page. Since I havebeen in law cern over not having a sign outside the law school, designating O'Brian as the law school. I met with Dean Olsen and by the end of this semester theLaw School sign should be up. The new lounge should be open by the end of the month. I am told we will have very expensive and impressive art. The lounge will be exclusively for law students, lets take care of it. New machines were in- stalled in the computer lab. If you have any concerns or see any problems with the computer lab please contact me, we can't address any issues if we are riot aware of the problem. The American Bar Association is looking for law students interested in running for the following law student division offices: Chair, Vice Chair, Secretary and Treasurer. Elections will be held Nov. 13-15, 1998. Please contact me if you are interested. If your organization is having an event that involves selling tickets you must go through the Sub-board ticket office. We understand this is a new process and some complaints have been made about the manager's attitude. Please contact me if you find this happening, this is unacceptable and we will not tolerate it. Bar/bri is looking for reps. Thereis a scholarship available for graduating students, you must be a member of ABA/LSD. Casenote is looking for reps. Translation of our \at\n motto: Dirty deeds, done on a reasonable sliding scale. A Couple of times. Roy carried me Into the bathroom Where he offered me A Choice between Additional Ass-Kicking And A Bar of Soap to Eat MobileMinutes® is: j» the easiest way to go cellular with no credit check, no contract and no bill as low as m Bfc 555 tf .'<? $15 calling cards As I was recuvcimg, Roy let me have A couple sips of his beer. He was quiet for a very Time, ussell, never use — a month the only prepaid service with Later, ' I I MobileM i nut es includes CELLULAR PHONE FREE ACTIVATION $30 PREPAID CALLING CARD FOR JUST $99.95 tng HH^KY^tfVltf ■ Im/H at word Again. It is Evil" Roy said. »X," I said. This week, celebrated poet Russell Mantes requested that our very own Russell Klein provide the illustration for hispoetry. In specific. Mr. Maines requested "Something with lizards...sort of Sleadmanesaue." Russ: this one's for you. 1 -800-676-3 543 CALL FOR FREE NEXT-DAY DELIVERY **■-*+ FRONTIER CELLULAR STORE LOCATIONS: AMHERST: 1254Niagara Falls Blvd. 831-0054* CHEEKTOWAGA: 2410 Walden Aye. 686-4300 Walden Galleria Mall 651-9163* HAMBURG: McKlntey Mall 822-4381* WILLIAMSVILLE: Eastern Hills Mall 635-9225* *Oper> Sunday QUALITY MARKETS LOCATIONS: WILLIAMSVILLE: 499 Hopkins & Klein Rd 75274 Main & Union �October 12, 1998 4 Review of The Freedom Writer Constitutionally Suspect: A Look at the Institute for First Amendment Studies and Their Scrutiny of the Religious Right S.A. Cole TheInstitute for First Amendment Studies is a nongovernment organization that monitors speech andreligious issues. Like many of it's fellows in the First Amendment field, the IFAS has selected a focus for the majority of its efforts. Billing itself as an organization that gives "a hard look at the hard right," the Rutherford Institute and the IFAS illustrate that we have lost some ofthis clarity over the last two centuries. That being said, the Institute for First Amendment Studies is doing an excellent job of tracking the Religious Right's efforts tomake government in the United States a fine blend of democracy, hellfire, and divine grace. The IFAS's particular concentration IFAS concentrates on issues of on the work of the Chrischurch and slate, adopting an tian Coalition is, at the absolutist interpretation ofthe very least, amusing (at Establishment clause. least to a person firmly in their own sense the Establishment rooted If and Free Exercise clauses of ofsecular humanism). The the First Amendment were sup- following is an overview of posed to operate on the oppos- reports they have issued in ing sides of the church-and- their newsletter, "The state argument, then one could Freedom Writer, " over the say the IFAS and it's counter- past few months. the conservative part, "Y2K HYSTERutherford Institute, were the spiritual yin-and-yang of the Constitution. Who was the good-heartedyin, and who the evil-doing yang, wouldfluctuate depending upon whose propaganda you were reading. However, the First Amendment is not a contradictory addendum to the Constitution. Rather, it is a coherent philosophy that articulates the Founding Fathers' ability to distinguish the sacredfrom the secular. Organizationslike the News Briefs Lontinued from page 1 protections. If you have nothing to hide, then what are you worried about The U. S. Supreme Court opened their 1998-1999 term this past week. Among their first acts was to refuse an appeal which might have limited a public school's ability to conduct random drug testing. In 1995 the court determined that Schools may subject all student athletes to random drug tests. In re- sponse, the Rushfield Indiana Schools implemented a policy which would force random drug tests upon any student who wished to participate in any extracurricular activities or wished to drive a vehicle to and from school. Students were randomly separated from their peers and directed to a mobile drug van where their urine was collected for scrutiny. Any student testing positively for drugs, alcohol or tobacco was subsequently RIA GRIPS CONFER- ENCE" reads a headline in the October edition of The Freedom Writer. The article, by Skipp Porteous, goes on to recount the speeches and activities at Coalition workshopled by Rev. Billy McCormack, and Michael Hyatt, author of The Mil- gins his article with a discussion he had with the woman sitting body is rioting, take over the Senate and appoint Jesus the him at the "Y2K: Cough or Catastrophe" lecture. While waiting for the show to begin, the woman explained to him that she was working with her church (First Baptist Church of Mobile, AL) to stock food and water. After she explained to him that "Y2K" (slang for "Year Two Thousand," used by the computer new head of the CIA." And while the Christian Coalition has been touting the slogan next to industry to describe the programming glitch involving the switch from 1999 to 2000) would signal a major catastrophe, Porteous decided that she was an isolated example of Y2K hysteria. He thought the speakers, Hyatt and McCormack, would present a more level-headed point of view. "Boy, was I mistaken," Porteous wrote. Apparently, Hyatt and McCormack have decided that the Y2K problem is a harbinger ofthe Apocalypse, and an opportunity for the Church to assert its leadership abilities. Counseling lecture attendees to dig wells, plant gardens, and prepare for mass transportation break-downs and telecommunications failures, Hyatt and McCormack then assured their followers to rely on God to get them through the looming times a Christian of crisis. lennium Bug. interesting story, it is hardly one that merits First Amendment concern. After all, Hyatt and McCormack didn't say, "And when the lights go out and every- Porteous, who attended the conference, beto be banned from participating in activities until a positive test was achieved or a valid excuse for failing was presented. Four students protested the searches which covered such drug addled groups as the Future Farmers of America and the school library club. As a result of the court's inaction the policy stands as validly within the bounds of the 4" 1amendment protection. Now we'll have to ban tat, too This weekthe Supreme court announced they would not hear'an appeal which claimed that restricting clubs featuring female topless dancers, but not clubs with topless males, serves to discriminate against women. New York City recently began enforcing its 1995adult business zoning laws. The campaign has as its stated intent the removal of adult oriented businesses from-residential While this may be an neighborhoods in New York City. The Cozy Cabin bar, an adult club featuring topless female dancers, it's owner, and a topless dancer known only as Vanessa Doe brought suit against the city. The parties claim city ordinances selectively focus on clubs which feature topless female dancers. These clubs, once targeted, are forced to cease operations in their place of business. Often the employees aft forced out of work when the club simply shuts down. The suit alleges that male strip clubs, which also feature topless and gyrating adult entertainments, are to remain unmolested by the ordinances. These ordinances were said to chill the free expression rights of the dancers. Further, the suit asserted the city had not asserted a reason for this discrimi- nation sufficient to overcome its discriminatory effects. The court refused the appeal without comment. Spot catches criminals In 1996 two men broke into a Seattle couple's home. The men shot the couple's dog before demanding money and then brutally shooting Raquel Rivera and "Y2K=666" (666 being the "number of the beast" as described in Revelations), this is not a matter for the First Amendment. In fact, thanks to the First Amendment, people in the Christian Coalition, who I can casually label "crazed cultists," can go around touting the Y2K/Apocalypse Theory until they are blue in the face. I don't care, and neither would Fisher Ames (the Founding Father who drafted quoted Tony Nassif, the California Christian Coalition head of the National Council on Bible Curriculum in Public Schools, as saying "The 'Owner's manual' for the Con- stitution is the Bible." The National Council on Bible Curriculum in Public Schools (NCBCPS) is another organization that the IFAS watches closely. A group devoted to making sure theBible is taught in public schools, the NCBCPS adopts a nominally secular stance, saying that the Bible should be taught as "history and literature." However, the board of directors includes the final version of the First members from far-right reliAmendment). gious organizations. ConstituArticles such as this tionally speaking, this means are mixed in with articles of thatthe group may beadvocatactual First Amendment reling religion in the public evance, however. One such schools, despite whatever slant article detailed the efforts of they put on their agenda. Overall, The Freethe Virginia Trinitarian Pronomian Alliance (VTPA) to dom Writer is an informative introduce religious testing into publication. To avoid their the political process. Citing obvious bias toward the left scripture, the VTPA's website (or at least, against the relicalls for candidates to undergo gious right), the publication a "Biblical Test of Character." should avoid reporting inciPointing out that this dents that merely make the type of testing would violate right look foolish. With plenty not onlythe First, but also (and of real Church-and-State probmore specifically) the Sixth lems to report, The Freedom Amendments, The Freedom Writer could easily concentrate Writer quoted from the VTPA's on real issues of the Establishwebsite, which cited two dozen ment Clause, a stance that quotes from the Bible as it's would win it more credibility justification for their proposal. and integrity as a publication. Another article Jay Johnson. The state was able to show this act was committed by Kenneth Leuluaialii and George Tuilefano by matching DNA from blood on their clothes with a dog's DNA. This is reportedly to be the first timeanimal DNA was used to pin a murderer. Education Bill has reduced student loan rates by nearly a point from 8.23 to 7.34 per- cent. This brings the interest graduation to the lowest levels they have been in nearly a quarter century. This helps offset the reported 4 percent jump in tuition rates nationally. rate students pay upon A family affair A Dallas man has been found guilty of sexual assault for having relations with his stepdaughter. Chris Ahamefule Iheduru made a contract when he married his infertile wife by which his 15 year old stepdaughter, Iheduru, would bear him a son. In the event that she conceived a daughter, the girl would keep the child for herself. The man had claimed this was acceptable in his native Nigeria and that he was unaware it was illegal here. Further, the man claimed he had not enjoyed the sexual encounters. It took only 15 minutes for the jury to return a guilty verdict for which he could serve up to 20 years. Student Low-n The Senates Higher Clerk wars Protestors besieged the Supreme Court this week to draw attention to what they perceive are racist hiring practices. Each justice is allowed up to four clerks per year. Organizers complain that of the 394 clerks the court has hired in the past decade only 2 percent have beenAfricanAmeri- can and 5 percent Asian American. Further, women only accounted for 25 percent of the clerks hired. The NAACP complains that of the 34 clerks currently serving the court 11 are woman, one of whom is Hispanic. The rest are white males. The group complains that first drafts of court opinions are written by the clerks. Continued on page 5 �Volume 50, Issue 6 5 Alferd Packer the Hapless Prospector by Peter Nicely A long, long time ago, way back around the turn of the last century, there lived a man named Alferd Packer. Old Alfred was a gold pros- pector who scratched the earth for gold around Leadville, Colorado, deep in the heart of the Rocky Mountains. Through years of hard panning he had become a tough old mountain man, well versed in the survival techniques required to make it through the long brutal winters up in that desolate corner of the planet. Alferd's story's been told often and it's a true they all could just barely see a faint dull glow in the sky but they knew the sun was up. All ofthem, that is, 'cept Curly and Larry. Old Tee Kettle George found the two of them huddled up in a snow drift. They was froze hard as a rock and old Tee Kettle could tell by the way them icicles was a hangin' down offn' Curly's and Larry's noses and offin' their beards and offin' their mustaches just like they was kin to that there abominable snowman — he could justtellthat they wasn't like no peas in a pod. Well, anyway, the four survivors gave the victims a proper burial — in a snow drift of course, cussin' that's all they was ta' bury 'em in they said the words and all. They couldn't see what the hell they was a' doin'but they set to makin' some kinda' plan ta' where they could drag their sorry asses down that sad mountain pass and back ta' the bar, where they belonged, so as they cud git some a' old Suzzie's corn mash down their parched gullets. And the snow just kep a' cummin' and a — — one; old Alferd Packer, the body hacker. One Fall day toward the end of October (just before the punkin' pie and hard apple cider shindigs that the mountain men in them parts of Hinesdale county had grown so fond of) oldAlferdand five of hisfellow prospectors were cummin' down old dead man's pass to shack up in Leadville for the winter. cummin. There they was, just a pluggin' One thing was for sure, for the low them boys sorely needed a drink. away country on when disaster struck down Survival mode began to take over, 'em with all the fury that old and you could see the steam mother nature could a'muster. pourin' off the prospector's heads as the fist-sized globular snow It was a hellacious early blizzard and the six old gold digflakes pelted their hard thinking gersknew all too wellthat this and very hung-over craniums. could be curtains for the whole When them boys got to thinkin' lot of them. Blizzards like this they meant business! Man-oman onewere known to dump from you coulda' just felt the energy ten to twenty feet of snow in a in the air if you was there that day. few hours and the men were But slowly, gradually, old Alferd liable to be stuck dead in their and Tea Kettle and the rest a' the they tracks like one of them thar crew got wore down Gyptin' mummies that done couldn't reckon how ta get down fell outin' his sarcoffeegust that mountain with all that gold and plopped face down in a they had. The cold and the hunpuddle a' cement. ger wore them down bit by bit as to Well, needless say, they thought and they thought. oldAlferd and his fellow prosGradually they were becoming pectors got snowed in right mere automatons, clutching at where they was at that year their precious nuggets, nibbling and no one went nowhere. It on their own blistered and calstarted snowin' just 'afore lused gnarly, frostbitten paws in darkthat night and by mornin' a feeble-minded daze. -- Unstained News Briefs: Inside out but they still look fresh. News Briefs ued from page 4 The group argues that these minority viewpoints are thus being occluded from court est for their own staff. The Judges Conference of the United States had agreed to push back hiring deadlines and several law school deans had agreed to hold up tran- opinions. scripts until this later hiring date. In a related story, Federal Court judges have Unfortunately, competition continued with courts accusing each abandoned their 1993 initiative to regularize the process of hiring judicial clerks. Judges and school administrators had expressed concerns over courts hiring clerks earlier and earlier in their quest other of breaking the agreement to skim the legal cream a few days ahead of the agreed deadlines. This year, the Conference determined that those who were following the agreement were being to hire the best and the bright- was scrapped. shortchanged and the agreement They had gold and they couldn't even spend it. This just didn't make sense. They was no way them boys was goin' down ta that whore house of a gin mill empty handed. Not after the way they had worked their sorry asses off all summer. Not after hordin' up the fancy grub stakes that eachof them kept so covetously close to their skin, in their money belts and their pockets and their packs. They slept with their gold and they pissed with their gold and they tried to stay warm with their gold, and the snow continued to pelt them day after day. The four grizzled prospectors soon realized there was no way they was a' gettin' down that pass with that gold but they was no way they was a gunna' leave it there. By the third day pof the blizzard the snow was a gittin' about twenty feet deep and the men was gittin' to where any one of them coulda' et the north end off a south-bound hog. They got ta lookin' at each other funny-like, out of the corners of their eyes. They were gittin' really hungry When the weather finally broke that Spring, the towns folk in Leadville was all surprised when they seen old Alferd come staggerin' down outta' the mountains and right into . vived. But the drunker he got, and the more gibberish he muttered about "the horrors", Like most of these long, long time ago stories, the more the town folk became from old Alferd's demise, which naturally applies to concerned that something had gone terribly awry up in the mountains that winter. They called the sheriff over to Suzzie's and after he'd had about a pint-and-a-half he was convinced that old Alferd was guilty of somethin'. Well, one thing led to another and before he knew what hit him old Alferd had been convicted of manslaughter in the first degree and sentenced to death. This penalty exceeded that prescribed by law for manslaughter, of course, but the judge employed a healthy dose of discretion in the interest of justice. Alferd's lawyer had argued that Alferd didn't have the requisite mens rea, but the wouldn't hear none a' that. He told that lawyer that just because he was some fancy pants bigshot jim-dandy lawyer come all the way out to Leadville on a half-assed pack mule, he weren't gunna' for oneminute tell Leadville how things was. The lawyer argued diminished capacity, but to no avail. Alferd had never con- fessed but the evidence, according to some, was incontrovertible. He was tried before his peers and the towns folk, including thejudge, was dead set on hangin' poor oldAlferd. After all, we cain't have men eatn' men, so we'll hang em' old Suzzie's gin mill where when they do. Athough, no he ordered a quart a whisoriginal transcript of the trial key, payed for it with a big has survived the passage of old sack of pure gold dust, time, it has been widely report and proceeded to guzzle it. from time to time, in news accounts that the judge, at senIt wasn't long before he began to spill his gutts about tencing, blasted out at poor the horrors he had endured Alferd " They was sivin that winter. The whole dimicrits in Hinesdale county town came to hear the tale. and you et five of em', Poor Alferd was in tough goddamn ya. I sentence you shape and everyone was ta hang by the neck "till yer amazed that he had sur- dead." there is a lesson to be learned modern life. Take Bill Clinton for example. They was siviril dimicrits in the Whitehouse cloakroom and Bill probably et a few of em'(we all know at least one of them et him!). Now I say that the Republicans get off their butts and stop messin' around with this judiciary mumbo-jumbo. They ought to just build a big fire between two trees. Then cut down a nice, straight oak tree about six inches in diam- eter and about twenty feet long, sharpen one end of it and skewer the president right through the torso, lengthwise. By laying this across the two trees and over the fire, they could have them a good oldfashioned barbecue. In this way they could steel some of Clinton's political thunder, the same way most good old-fashioned cannibals do. I think this is a modest proposal. Certainly, it would be much more civilized than the way this Lewinski matter has been dealt with to date, of this Jonathan Swift would certainly agree (see: "A Modest Proposal," by J. Swift). Addendum: It seems that as old Alferd was being dragged to the gallows to have his sentence carried out (he was kicking and fighting all the way, being a survivalist and all) an overzealous republican rushed out of the gallery towardAlferd. While attempting to draw his six-shooter, the highly excited would-be assassin accidentally discharged the weapon. The resultant projectile traveled through the air at a high rate of speed and impacted the shooter's own foot, hereby causing podiatric injury and sever damages to himself and his party. Continued from page 3 SBff. Presidents Report: NEXT STUDENT BAR ASSOCIATION WILL BE OCTOBER 281H. A 16:45 It requires only a few hours during the semester and you will receive free Casenote outlines. Contact Cherin Joyce (800) 726-6662. SBA formed a late grade committee late last year in order to work on the persistent problem of professors submitting their grades late. This issue was addressed last year with Dean Olsen who felt his hands were tied, we will continue to pursue this dilemma. Avoid going to Kinko's! Barb on the 5,h floor in the copy room will bind your materials for $1.00! SBA meetings will be held every other Wednes- day at 6:45pm. Our next meet,h ing will be October 28 . My goal is to keep you informed of all SBA related activities and issues we address. Please contact myself or any SBA member if you need further information or if you would like to voice a con- cern. If you would like your name and phone number included in the SBA Student Directory please submit your information to the SBA office or to Betsy Snyder Box #799. r r �October 12, 1998 6 THE ANARCHIST -(E)- by Russ Klein -(A)- - THE BALKANS THE GAME It has come to my attention that the United Nations might actually be working according to some sort of actual formula when it comes to dealing with crisis in the world. I'dlike to diagram that out for you in its rawest form, and then give a real life scenario. First, a crisis has to erupt somewhere. 3 years after the crisis develops, the United Nations Secretary General notices it on television, and learns of the crisis as well. The UN machinery is now in motion. The calls begin. The big players start talking to one another, and the lesser players start using what little leverage they have. Then, finally, the first agreement is made: All the members of the United Nations agree to...discuss the issue at the next meeting of the General Assembly. Thanks to the hard negotiations of the lesser members, tea will be served along side the coffee. The members then begin to talk amongst them- selves, and order is called. The nation in crisis gets up to speak, and tells a depressing story. "My fellow global citizens my people are being slaughtered and our land seized...all thanks to (points to another memberthem...the international village idiots!" By now, everyone is looking at the alleged aggressor, who stands up and talks of "pro- - tecting themselves by killing the others..." and they do so in an incredibly arrogant and defiant way. If aggressor or vic- tim nation contains copious amounts of oil, see plan B. The UN finally comes to a conclusion: They will announce that "the aggressor must stop." They threaten force in the future. Later down the road, the aggressor does not stop. The UN meets in session again, and this time they add to their original statement, to make it look more serious: "The aggressor must stop, please." At this time, a world defense organization (typically NATO) makes an announcement that they are asking their member nations to inventory what they will provide. While this sounds lofty, it is suspected by all that no members are willing to contribute anything. The aggressor does nothing, although now the aggressor promises to fight all actions against their great and proud nation. Months pass by, and now the United Nations gets serious. They stop saying "please" and get firm. They point out that whatever it is that the aggressor is doing is not only wrong, but against internationallaw. Realizing thatthe UN does not have a real military force, the aggressor laughs heartily. The defense organization is now promising that bombing raids COULD commence within 2 weeks. The ag- gressor nation responds by saying that they will fight back DEALING WITH DEATH This late August, the phone rang at around 7 AM. I knew it could not possibly be a good thing, because I usually do not get calls that early. It was my father, and his voice wasgrimm. His wife (my stepmother) had been fighting a valiantbattle against cancer for approximately the last two years, and Dotty Klein finally submitted to the disease. This marked the second time this summer that someone I knew passed on. What exactly DO you say? No matter what you say, it comes out sounding extremely awkward: "Uhh, sorry your father died." "Ummm, wow, I'm so sorry." Though death is something that we all deal with at one point or another, I find that I am always at an utter loss "Sorry you lost someone very close to you." Human beings deal with death in very unusual ways. I know that in Jewish custom, the grieving family is supposed to "sit Shiva." Sitting Shiva involves basically all the friends and family visiting the home of the grieving family. You are supposed to sit Shiva for 7 days, though realistically, only the most observant Jewish people do this (the word itself, "shiva," means 7, if I recall properly). The more realistic as to what to tell mourners. practice is that if yourloved one Earlier this summer, I received an email from a friend who found out that my good friend Greg's father had passed on as well. against said defense organization, and give them a "black eye." Two weeks pass by, and the defense organization now says bombing can commence any time now. Repeat these last few steps dozens of times. Finally, the 'victim' is so weakened that they are either forced to capitulate, or they are completely wiped out. The UN's goal of achieving peace is realized, and they move on to the next crisis. Another successful campaign by the UN. REALITY CHECK? You aTe no doubt thinking to yourself "come on nowRuss, this is not what happens!" I kid you not. The most recent exceptions have been Iraq. But the above is the exact scenario that occurred in Bosnia, and now in Kosovo. It is the same response that has been given to the Kurds in NorthernIraq and "Kurdistan" (their name for the land they claim, which spread out over about 4 nations), ironically after assurances that the war was NOT a war for oil. It is going on today in Kosovo. It is so sad, it is almost pathetic. It is strange that whenIraq invaded Kuwait, the United Nations acted rather quickly, set up Operation Desert Shield, and let Iraq know for sure that this was intolerable. All this under dubious circumstances (much of the "evidence" provided at the Congressional hearings turned out to be unsubstantiated), to be sure. But the fact is, there is a lot of oil at stake in the Middle East, and this was our main motivating factor. Need absolute proof that this was a war about oil, and not a morally justified war against another hitler? The mere fact that we sit around silently while the Kurds get slaughtered in Iraq, Turkey, and Iran is evidence enough. We criticized Hussein as "using weapons against his own people" yet once the war ended, we had very little problem in fact with Hussein using weapons against his own people again (yeah, yeah, we set up a "no fly zone" but thats great, tanks don't fly). Its a tough time to be anti-war (which time, you ask? The 19905? The 19th century? No, I was thinking more do not want people to be killed by actions and decree of their governments merely because their governments are run by war mongering maniacs. Yet, finally, I do not wish to support war, because I am not sure its the right solution, though it might be a Machiavellian solution to end the conflict in some areas. I am however convinced that even if we ended the conflict in some of these areas, more would spring up as the power hungry and egotistical rise back to the top (see: Afghanistan, or more properly, Taliban). I am, however, convinced that the disease that causes these symptoms (such as war) is the existence of such power to be taken: That is, government. Yes, you can say that people will always want to control other people, but we don't have to let them, and we do not have to accept it via legitimized rule, even if under the modern guise of democracy. ...Thoreau said of democracy that it is not doing anything, it is merely expressing feebly that you wish things to be a certain way. It may be the best way to do things, but that doesn't make it good or right (shooting someone at point blank range may be better than cutting theirthroat, but I do not wish either on any- one). We have grown comfortable in accepting that things will be a certain way. Just as we have grown to assume the sun will rise every day, we have grown complacent that democratic government will be just. Some day though, the sun will not rise, just as democratic government will not always be just. like the human era). I do not want to support the United Nations, because! suspect that they are nothing more than a highly ineffective group of people who wish they were a global government (and I do not want a global government anymore than I want a national or local government). I also *Note: As far as I know, there is no real script as to how the UN acts...l would never knowingly accuse the United Nations of "having a plan." to shave for 30 days I have found again that realistically, this tends to last about a week). All the friends and relatives and well wishers come over to visit, reminisce, and talk about just about anything. It is not a formal talkaround though. People form groups and clusters for conversation. Throughout the receiving platters and platters of food turkey dinners, fruit baskets, white fish, dozens and dozens of bagels, cookies, etc. People at the Shiva eat the food that is sent over (after all, otherwise, it would go bad and be thrown away). Each night at a specified time(probably corresponding with sundown) if there are at least 10 people present, a "minion" is held. A prayer leader guides the group of people in a series of prayers, such as the Mourners Kaddish (I had to be silent where there very easy to accept that heaven was a creation by humans to deal with fears of lifeafter death (as well as installing a moral code so that people will not all become nihilists). I find the concepts ofre-incarnation to be awfully inviting, getting your chance to play "the game of life" over and over and over. I find the concept of Buddhist nirvana to be interesting as well. But no idea has ever sat in my mind as "must be so!" Perhaps it is my never-ending need to see things for myself. were no English transliterations I can no longer read Hebrew). If less than ten people are present, the prayer service has to be held at a synagogue. Finally, a candle is burnt in memorium. I admit, I have no idea what happens after a person entire Shiva period, people send over food. My father was alistically speculate. I find it But regardless, two people who crossed paths with me unfortunately know the answers. Meanwhile, I am left unable to coherently address their deaths both in a sympathetic sense and in a philosophical manner. I guess there really are just some mysteries we are not destined to know. by Russ Klein I am not a great fan of the United Nations. I am not a great fan of any governing body. But it disgusts me greatly to see an organization that is ostensibly dedicated to peace in the world act in such a pitiful manner. dies on, say, a thursday, you sit Shiva through Sunday of that week (the reality being that most people have jobs they have to return to also insuring a shorter period of mourning is the fact that in Judaism, the deceased's body has to be buried within a day or two). As a part of the practice, the closest family is supposed to sit in very uncomfortable chairs, and the men are not supposed to — shave (according to Dotty's mother, you are not supposed -- — — dies. I find it impossible to re- �Volume 50, Issue 6 7 Camelot? At Law &hool?f f M M -i -»-r * musical, From the CAMELOT by Lerner and Lowe GUENEVERE: What do the simple folk do To help them escape when they're blue? The shepherd whois ailing, The milkmaidwho is glum, The cobbler who is wailing From nailing His thumb? When they're beset and beseiged, The folk not noblessely obliged, However do they manage To shed their weary lot? what do simple folk do We do not? way- When they're sorely pressed, they whistle for a spell, And whistling seems to brighten up their day. And that's what simple folk do, so they say. GUENEVERE: They whistle? ARTHUR: So they say. fc MONDAY NIGHT FOOTBALL What ancient native cus"So you thinkhe likes me?" torn Provides the needed GUENEVERE: What else do the simple folk glow? "Jeez, we've been in law school a whole month, How come I can't find a girl friendr « Yeah, we just broke up He couldn't handle an aggressive girl with a brain. So are you going out on Friday nightr "I find I study better w jth women. Do you have a study partner yet?" Do you know? two' ARTHUR: I surmise. . DURING HOMECOMING THERE WILL BE A FREE DRINKS AT THE ALUMNI TENT GET YOUR TICKETS AT THE SBA OFFICE They mast have a system or GUENEVERE: They sing? "You want to see my tattoo?" , do? ARTHUR: Once, upon the road, I came upon a lad Singing in a voice three times his size. when T asked him whyj he told me he was sad And singing always made his spirits rise. And that's what simple folk do I surmise. "I'd like to see his legal briefs!" GUENEVERE: what else do the simple folk do To perk up he heart and gel through? The wee lolk and the grown folk who wander t0 an d fro Have ways known to their own folk We throne folk Don't know. When all the doldrums begin Wnat k ee ps each of Oh, whatdo simple folk do? /An. 111 v iv. I have been informed by those who know them well They find relief in quite a clever «j£^^*'.ZS%&z££ "...and what's up with that 'Let's Kill All The Lawyers' TSrurt?" them in his skin? "What Do the Simple Folk Do? " I "What the hellis going to be on the final, that's all I want to know ,„ ,, know it js on y hree weeks into the semester but I don't think the professor likes me I will probably fail that class." "Is that damn closed memo a pain in the ass or what?!" They obviously outshine us At turning tears to mirth, tricks a royal And highness Is minus From birth. What then I wonder do they, To chase a lhe gobljns away? They have some tribal sorc'ry You haven't mentioned yet. Oh, whatdo simple folk do To forget? GUENEVERE: What else do the simple folk do To helP ,hem escaPc when they're blue? „ ARTHUR: They sit around and wonder What royal folk would do. And that's what simple tolk do GUENEVERE: No, really? - -* w ARTHUR: Often, I am told, they dance a dance fiery And whirl till they're completely uncontrolled. Soon the mindis blank, and all are m a trance A violent trance astounding to behold. And that's what simple folk do SQ I>m to d , THE CRIMINAL LAW SOCIETY WILL BE HAVING A BAR NIGHT AT THE STEER ON FRlDAY NIGHT. THE SPORTS AND ENTERTAINMENT LAW SOCIETY WILL ARTHUR: 1 have on the best authof " ty- - vv "The Law School Career Office invites you to attend... Services CAREER INFORMATION FAIR, SATURDAY OCTOBER 3, 1998 - O*BRIAN HALL ARTHUR & GUENEVERE:Yes, that's what simple folk do �I October 12 1998 * 8 Volume 50, Issue 6 Neighborhood." Please enjoy with us now these little snippets of life in our Neighborhood... Randy Janis: Checkin' out the mail situation Locked out! Set my people free! What court did you say that was? COL UO! fcv Ross LAWTHESD f Kc£/rv - "' Professor Carr: Criminal Procedure. Well, goodbye, neighbor. But remember... We'll be back when the week is new and we'll have new ideas for you, and you'll have things you'll want to talk about, and we will too. You know, neighbor, you're special to us just the way you are. See you next week... ■■■... ,:'''■' THE LAW SCHOOL DUO, BROUGHT TO YOU BY RUSS KLEIN -- '■>: . ■■.■':'.:■'.■■■■■■'"■..:.■ Vs..v":- ■.-.■ ■■: ■' ■■ . '.'::-■ ■■ ■-. ...■;:■.,.-.v.-' • ...Love, 77ie Opinion -..■:':•:■ -- 4fe � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Opinion, 1998-10-12 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. The Opinion no. 6 12.10.1998 Date Issued Date of formal issuance (e.g., publication) of the resource. 10/12/1998 Bibliographic Citation A bibliographic reference for the resource. Recommended practice is to include sufficient bibliographic detail to identify the resource as unambiguously as possible. 50 6 Publisher An entity responsible for making the resource available University of Buffalo State University of New York at Buffalo Law School Language A language of the resource eng Type The nature or genre of the resource Newspapers Text Is Part Of A related resource in which the described resource is physically or logically included. LIB-LAW003 Rights Information about rights held in and over the resource <a href="https://rightsstatements.org/page/CNE/1.0/">COPYRIGHT NOT EVALUATED</a>. The copyright and related rights status of this Item has not been evaluated. Please refer to the organization that has made the Item available for more information. You are free to use this Item in any way that is permitted by the copyright and related rights legislation that applies to your use. This digital collection is made available for research and educational purposes. Researchers are responsible for determining copyright status, and securing permissions for use and publication of any material. Copyright for items in this collection may be held by the creators, their heirs, or assigns. Researchers are required to obtain written permission from copyright holders and the University Archives prior to reproducing or publishing materials, including images and quotations. For inquiries about reproduction requests and permissions, please contact the <a href="http://library.buffalo.edu/archives/">University Archives</a>. If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/64f17f4ad29bef54752f402f388851e0.pdf a5be6c3df3c0ff3f7e1f7095594db003 PDF Text Text UB Law School's "Preeminent" Student Publication wings.buffalo, edu IlawI opinion The Only News You Need £ Cost: 5.05, t.lO Canada (just kidding) I 3 50 ! OPINION I YEARS OF THE OPINION :'■:■•:■:■:■: *■■ mm Vol 50, Issue #5 "Vi Veri Veniversum Vivus Vici" is iii: October 5, 1998 SBA Elections; 18 New Representatives 19 9 8.. .th c year by Russ Klein The Student Bar Association held its elections for class representative on Monday, September 28, and Tuesday, September 29. The winners are: Third Year Representa- tives: Lorie Pedrrin, Cindy Huang, Larry Kelly, Rebecca Monck, Michael Bordera, and Deb Hagen. Second Year Representa- of the Writ c■ tives: David Polak, Hanh Nguygen, Megan Herstek, Sandra Fuller, David Hawkins, and Jenny Lancaster. Turing a turnout of just over 1/3, this year's elections also featured a total of 7 students capturing their positions via write-in voting. First Year Representa- The class with the tives: Erin Pemberton, Jennifer Fields, Vincent Gregory, Jonathan Duncan, Mary Snyder, and Jennifer Farrell. highest turnout was the first year class, with 110 students participating, and winner According to SBA's tallies, 237 students participated in the elections, which saw candidates winning positions with The second year saw a turnout of only 61 class students, with only two listed candidates on the ballot for as little as 4 votes. Besides fea- Continued on page 3 vote totals ranging from a high of 67 to a low of 44. Student Bar Association Treasurer Elizabeth Snyder talks about balancing the books at the SBA By S.A. Cole Editor-in-Chief Following last year's tempestuous Student Bar Association Executive Board elections, then 1L Elizabeth Snyder was named Treasurer of the SBA. Keeping the SBA finances in order over the summer, Snyder hit the ground running, and has little time off from her SBA duties since. "I put in approximately 30 hours a week," said Snyder in an interview with the Opinion. "I'm dealing with thirty clubs. I need to stay sharp, and follow up on issues, to make sure documentation and otherpaperwork is getting " with various problems that needed to be dealt with at the time. Since the budget ends on July 31st, things had to be closed up and completed. The BPILP summer fellowships were seven individual payments that needed to go through, and lots ofpaperwork and phone calls to follow up on issues was necessary." weeks." done." Because ofthe extensive paper trails needed to keep the SBAs finances in order, Snyder is careful to make sure everything is done in advance and rigorously monitored. "Club leaders this year are very enthusiastic, and doing lots of events. If they plan their events in advance, and the SBA does theirpart in getting the paperwork through, everyone's job is much easier." Experience over the summer, cleaning up issues remaining from the Spring semester, taught Snyder the importance of staying on top of the voluminous paperwork. "There were invoices, phone bills, and clubs help Snyder. "Tonya and myself rotate and come to Bufwould to attend to these issues, falo so no one was ignored," said Snyder. With the semester now well under way, the SBA is intricately involved with the activities being planned by various groups at the law school. "Clubs and I try to make sure the paperwork goes through the process of getting encumbered, and getting the eboard's signatures. We then bring the paperwork to student life, and then to Subßoard—a process that takes about two to 2L Elizabeth Snyder, Student Bar Association Treasurer. The work over the summer was complicated by Snyder's summer job, which was in her hometown of Utica, NY. The three hour drive from Utica restricted Snyder's ability to work in the SBA office, and newly elected SBA President Tonya Guzman pitched in Regarding Subßoard I, the school's not-for-profit funding organization, Snyder said, "I was not aware of their existence last year, but I certainly am this year." This familiarity is the result of Subßoard's involvement in every level of the funding process at the University. "Subßoard has many forms and procedures which I had to become very familiar with over the summer. The book they have talks about so many things—from buying a computer, to how to deposit money into a club's accounts." For students getting reimbursed, Snyder's regular Continued on page 3 In Candidate? 3L Votes Lorie Perrin 44 Cindy Huang 39 Larry Kelly 35 Rebecca Monck 20 Michael Bordera 10 Deb Hagen 4 2L Votes David Polak 43 Hanh Nguygen 34 Megan Herstek 15 Sandra Fuller - 7 David Hawkins -7 Jenny Lancaster 6 1LVotes Erin Pemberton 67 Jennifer Fields 62 Vincent Gregory - 59 Jonathan Duncan 50 Mary Snyder 48 Jennifer Farrell - 44 - - - (66 3Ls voted) - - - - (61 2Ls voted) - - - (no iv voted) Supreme Court Begins Term Today The United States Supreme Court convenes today, opening the 1998-99 term. 57 cases are on the new system is relying on the "right to travel" clause ofArticle I of the Constitution. d Wyoming v. Houghton, the Court will decide docket. whether police searches of perIn the sexual harassment arena, the Court sonal belongings in cars stopped will being hearing Davis v. for traffic violations are constiMonroe Country Board of tutional. The case involved a Education (No. 97-843). A drug possession charge based on case emerging from the pubnarcotics found in the purse of a lic school system of Macon, woman in a care stopped for speeding. The conviction of the GA, Davis raises the question of school system liabil- woman was overturned by the ity under Federal law when Wyoming Supreme Court. one student harasses another. The appeal is being brought by the mother of a girl who was harassed for over three months, while repeated entreaties for relief brought no response from the teacher. Last year, the Federal appeals courtruled that the law did not apply. Also in the Supreme Court spotlight this term is welfare; the Court will hear arguments regarding special limits onthe welfare benefits of new residents in the case Anderson v. Roe fNo. 98-97). Coming out of California, the case involves the state's twotier system of welfare that limits benefits in the first 12 months of new residency. The argument criticizing the Inside This Issue ... Future Shock. 2 Russ Maines, Calliope in disguise? His poetry is on 2,3 Images in Male Triumphant Return....4 Howie Beyer, God of Punk? 4 Anarchist Enemy? 6 Cole loves Bar/Bri! 6 Gabe goes shopping. 8 New Cartoonists! 8 �2 October 5, 1998 Cole's Editorial: How the Future Will Leave You Without Fingertips This week, The New print stuff sure is going to reYork Times ran a story about quire a lot of deep, pithy emerging "fingerprint chip" thought on my part. " Yeah, right. The last technology. The fingerprint time the American people put chip is an identifications device about the size of a nickel, a lot of deep, pithy thought into and it will soon replace many the boxing match of Conveof the world's keys, passnience versus Compromised words, and swipe cards. It is Autonomy, farmers were still due to debut on office buildrioting in Massachusetts about ing entrances and computer "those bastards in Philadelaccounts sometimearound the phia" trying to tax their whiskey. We surrendered our aubeginning of the new year. tonomy to the quest for a faster Tom Rowley, the inventor of the "fingerprint burger and a higher credit ratchip," was quoted as saying ing a long time ago. So,' the profundity "We're going to change the way people live." The*story posed by The New York Times then went on to explore the has fallen flat in it's attempt to ramifications of life in This tell me what aspect of the dire Modern World—how handy it "fingerprint chip" dilemma to worry about. However, I have will be to have instant, personfound something in the entire access to comalized one's or on one "digital security" area that puter, car, office, the hand, versus what a bummer pains me. It involves the cenit will be when a government, enemy, or stalker uses the digital trail of your fingerprint readings to track your every move. The article ended on a profound note. Mentioning that Mr. Rowley was the inventor of voice mail, which Rowley has admitted can be "a real pain," the writer pointed out that "the social stakes this time around are a lot higher." Meaning: think about the toll the use of voice mail has taken on your soul! Think about the further tax fingerprint technology will impose upon that same, fragile aspect of your immortal being! At which point, I suspect, the reader was supposed to gently let the New York Times slip from his fingers, while thinking: "My God, he's right. Thisfinger- tral theme of the new identification technologies: the use of a human body part to verify that someone is who they say they are. Every new ID technique seems to involve some part of your body: Retina Scan: use of lights to trace the unique pattern formed by the rods and cones in the retina. Vocal testing: analyzing the timbre of the voice. Profile Scan: checking the facial profile of a person. Fingerprint chip: god, don't tell me you forgot what it was already'! I'm sure there are more (I let my subscription to Paranoid's Quarterly lapse, and now I have to read about these things in the Times), but I trust four are enough to make my point. Body parts are becoming the genetically encrypted security codes ofthe world. The new keys and passwords to our lives will be the parts and appendages we're born with. I find this disturbing. Oh, not for privacy reasons...because anyone who really wants to trace your every move can already do so, no matter what kind of a Luddite you are. Privacy has nothing WE GOT POETRY! How Not to Get a Job Offer - by Russ Maines We (Me, and a Murder of Lawyers) on a big boat on Lake Lanier, Drinking Swimmingly When I ejaculate: "Why is it that most of you guys Are as dorky-looking as me Yet just about every one of you Has a beautiful wife?" to do with it. Keeping my eyes, fingertips, and various other identifiable body parts is definitely a part of my reasoning, however. What? Well, envision this: "Is that her, Hugo? The one with all those law books?" "Yeah... that's the one. Heh. That boss--he's always right. He said we 'd find her skipping class." "Heh-hch. Yeah. People who skip class don't actually have souls, isn 't that right, Hugo? Sorta makes me If it had been a Western, The music would've stopped. And of course there were lady lawyers present And wives, too Who might have felt somewhat Alienated by my question. David, a partner, piped up: "Russell, that is just one of the Trappings of Money and Power." And that seemed to lift the pall. And the Fun resumed. feel betterabout what we have to do to her. " they "Yeah. The scum. She deserves to have her Westlaw account access raided." "Yeah." [Pause] "50...d0 you want to be the one to rip off her fingertip, or shall I?" It could happen! Westlaw access is worth a lot! And I'm sure my fingertip would, if stored properly, last at least long enough to download the Starr Report (at least, the naughty bits). And don't think they couldn't do same thing with your eyes. Or, for that matter, your throat (although I bet a tape recorder and some duct tape could have the same effect, with a lot less hassle). So, it's not that, if you're going to complain, you should also have an alternative plan in mind. It doesn't have to be a great plan, it just has to show you're willing to play the for the game. So, in the interest of sanctity of my privacy, but game-playing, here's my plan rather for the solidarity of my for new, keyless security body, that I get a little leery technology: about new identification Aside from our technology. corporeality, the other This being said, I'm identifiable aspect of a person not one of those people who is, of course, their personality. criticize a thing, and then Scores of tests exist for smugly wait for the next personality identification; the concept open to criticism to Meyers-Briggs personality come along. I firmly believe profile test is just one example ofwhat I'm talking about. The Staff: Editor in Chief S.A. Cole game Scruples is another. Ken Grant News Reporter Dave Allen Graphics and Layout Editor I like the idea of News Reporter Peter DeWind Business Manager Dan Baich testing an individual's Managing Editor I Cindy Huang intellectual prowess and Howard Beyer Columnist personality as a gauge for their Gabe DiMaio Columnist/Chauffer Russ Klein Op/Ed Editor actual identity. In my future Randy Janis News Editor Vacant Columnist instead of fingerprints world, Web Editor Leonard Hey man Columnist Katie McDowell and laser beams, voice Columnist Peter Nicely Web Editor Russ Klein analyzers and digital readout, Ken Grant Columnist Adam Perri Photographer a person trying to use a credit The Opinion, SUNY at Buffalo Amherst campus, 7 John Lord O'Brian Hall, Buffalo, New York 14260, (716) 645-2147, is puhlished card or an e-mail account weekly throughout theFall and Spring Semesters. The Opinion is the student newspaper of the State University of New York School of would be confronted with a Law. Copyright 1998 by the Opinion, SBA. Any reproduction of materials herein is strictly prohibited without the express consent of the tests and challenges that only Editor-in-Chief and piece writer. that individual could answer properly. Submission deadlinesfor all articles are everyWednesday preceding publication (if it's on disk, you can push it to layout time on Thursday...no For low-security should be later that 6:00 PM, please). Submissions saved in IBMWordperfectS.l; please enclose printed copy for safety's sake. Write your situations, the simple Scruples box number on your disk if you want it returned. The Opinion is printed at theBuffalo Newspress. question could be utilized. shall be You and your partner While the Opinion will not print libelous or anonymous material, all submissions printed entirely and exactly (so proofread your materials), provided they are signed submissions from a member of the UB Law community (.students, faculty, staff, alumni). are vacationing on a small The Opinion in no way endorses the viewpoints of its various columnists and contributors. Considering that the Opinion isn't actually a sentient being, it also doesn't thinkthere's anything wrong with any viewpoint expressed in this publication. VS Veri Veniversum Vivus Vwi. "We have a First Amendment and we know how to use it." Due to it's small size, theboat you are on shifts with every yacht with two other couples. Continued on page 3 �Volume 50, Issue 5 SBA TihmaBAeT noGyot rouble Russ Maines Last year Anne and I got this Boneheaded Stupidass Idea to participate in the Tax Moot Court Competition. The whole idea was that It would enable us to Avoid other responsibilities But the thing caused plenty of needless Expense and Anxiety For both of us. First Monday Video: HUMAN RIGHTS, AMERICAN WRONGS- 11:30 am, 1:00pm, 4:30pm, room 213. This feature film, produced by two-time Academy Award™ winning filmmaker Barbara Kopple, will explore key issues raised by UDHR-highlighting the elimination of due process safeguards which threatens the rights of both immigrants and death row prisoners. This First Monday film will inspire you. Three screenings are scheduled. Select one that best fits your availability. Example: LUNCH I had blown off Much of the Researching and Writing Until a few days before the Brief was due, and of course I had been Trying to avoid Anne as much as Possible because Deadlines tend to make her Very jittery. Brown BagLunch- Tuesday October 6, 1998, 1:00 pm- 2:00 pm, room 545- an informal opportunity to talk with Professor Leary about international work and careers. Current students who recently completed international summer internships will join them. They know you have class, so feel free to arrive when you can and leave when you must. Professor Leary is looking forward to meeting Buffalo students. If nothing else, just stop by to join the conversation. So one afternoon She leaves a message on the Machine: Russell, let's talk. I'm starting to Freak out about this thing. Erin got to the Machine before I did And when I came home that Evening there was hell to pay and no chicken ready. WHO IS THIS ANNE?? WHAT IS GOING ON? DID YOU GET THIS WOMAN PREGNANT? YOU GOT THIS WOMAN PREGNANT, DIDN'T YOU? WHAT IS GOING ON? And so on. I'm like What? Calm down You're scaring the cats. Erin played the message back for me. So I explained that Anne was justfreaking out Editorial: Fingertips... Continued from page 2 make. During the night, you and your partner become amorous. Do you "rock the boat?"* Potential answers, offered in multiple choice form, would be tailored to accommodate the various identifiable personality types. Since this challenge would be relatively easy, such tests would only be used for photocopier accounts, or opening your briefcase. Enough variety would be offered to make coincidental misidentification virtually impossible. For higher security situations (say, being a highly priced call girl for Pentagon officials...and don't tell me it doesn't happen, either), the vast American tradition of standardized testing would be movement you called upon. Using high school and SAT test results to track the verbal and mathematical prowess of citizens, high-security areas would confront would-be entrants with challenges like: Click (whirr....) Welcome, Citizen, to the ■our Pentagon. Please state your name, and then compose a in sonnet the Shakespearian form. Your topic in the lachrimonious paradox of nature as joy. You have minutes. fifteen [Fifteen minute pause] Excellent. FILM Your sense of the ephemeral remains as acute as it was in Eighth grade. Thank you, and enjoy your stay. To start your car, you will have to recite the PUBLIC INTEREST There will be an Orientation Meeting for all new Buffalo Public InterestLaw Journal Clerks on Thursday, October 15, 1998 at 3:00 pm in room 603. Please note that if you are unable to come precisely at 3:00 pm, the meeting will continue for about an hour or slightly less. So come even if you come late. If you can't make it for the meeting at all, please get in touch Ken Grant with (ksgrant@acsu.bufflao.edu) or Mindy Marranca (mlms@acsu.buffalo.edu) sometime before Thursday, October 15. names of the first three people you ever had a crush on. To balance your checkbook, a brief recitation of your most the context of them being the leader of my nation. So there's my for new proposal embarrassing moment would identification technology. For lawyers, I believe such be in order. As a side benefit, a practice would keep us at security measures such as this the top of our game. [Before entering would work at the early the court for trial] "Hello. detection of, say...mentally-noquite-so-fit-for-business Please tell us about the people being in the White Rule Against Perpetuities commencing House. before "Thank you for entrance into the Court choosing to activate a nuclear House." "Uh...." warhead Mr. President. Now, Exactly. before we commence, please for Thanks just finish the following the this phrases: 1) Bedtime f0r...?" reading Opinion week; all submissions will "Uh...hmm...." "Well, let's try number be accepted, regardless of security clearance. 2) Win one for the...?" "Uh...hey, Nancy..." -S.A. Cole See? The benefits are limitless. Editor-in-Chief And remember folks, when I make jokes about people not being able to *Actual Scruples remember things like, well, question. What a classy almost everything, it's only in game. Elections... Continued from page 1 the six open positions. The voting ranged from a high of 43 to a low of 6 for the winners. The third year class saw a turnout of 66, with three listed candiates on the ballot for the six open positions. The voting ranged from a high of 44 to a low of 4 for the winners. Betsey Snyder, SBA Treasurer, expressed concern about the low voter turnout, pointing out that "people want to know where their fees go, but don't turn out" for these elections. While stating that the turnout should have been better, she didexpress appreciation for those who did cast their vote. One 3L said that "its a shame that more people couldn't take the SBA elections more seriously." She added that "the SBA controls our money, people shouldbe more concerned about where it goes." The official vote totals are on the front page. Voting is good. Treasurer... Continued from page 1 contact with Subßoard is helpful in getting their money promptly returned, a process that usually takes two weeks. "I try to get reimbursements done in three day, so that people get their money as soon as they can. I realize if it was me, I would want the same care and concern. We're all law students—so we aren't exactly rich yet." Snyder puts in her 30 hours a week because "I am proud to be at ÜB, and I want to do my part in making our experience here that much bet- ter." Other activities of the SBA that Snyder is involved with include: a biweekly report of SBA activities in the Opinion, four hours of office hours a week (Tuesdays/Thursdays 12:30-2:30). Addressing the popular notion that SBA is just a bank for the various law school groups to balance their accounts at, Snyder said, "we are here for all student—not justthe organized clubs. We really want to hear from everyone. SBA is more than a bank. We need feedback." SBA meetings are every other Wednesday, starting this week, on October 8. 3 �October 5, 1998 4 ImM agesin ale Punk Rock Music: A Matter of Technique By Adam Perri The author of Images in Male resumes the task of transcribing the wanderings ofhis depraved imagination. He devotes his columns to the several wonderful women who have expressed fondness for his work and exhibited eagerness to read more of his work this year. In his Occasional articles this year, he intends to remain faithful to his Muse, and to those readers alarmed by the idea offurther Images in Male, he offers the advice of the Narrator in the in the Miller's Prologue: And therefore, whoso list it not y-heere Turn over the leef and chese another tale. 1 fer the evils Now we suf- of long peace. Extravagance, a fiercer enemy than any armed foe, has taken us by assault, exacting vengeance for a conquered world. lican pater familiasl The history and the literature of the late Republic and early Empire tell of a different sort of Roman: Trimalchio, the arrogant, vulgar, and gluttonous plutocrat4 ; the sexcrazed Ascyltus, scion of an Equestrian family, who taunts a boy he is raping at knife point with the comment "if you would play Lucretia, you have found yourTarquin" 5; a later Regulus, this time a father who spoils and indulges his son and encourages the boy's ex- cess so the boy's rakish life will terminate more quickly, and the father can then claim his son's maternal inheritance. 6 Among the most depraved creatures of the late Republic was the wealthy and priapic Mamurra, a toady of Julius Caesar who was held up to eternal ridicule as "mentula"7 in poem XCIV of Catullus: Mentula moechatur. Moechatur mentula? Certe. / Hoc est quod dicunt: ispa olera olla legit. 8 How did theseed of and Cato, Scipio, Cincinnatus fall so low? In assessing their own history, Romans ascribed thevirtues their early heroes displayed to the virtues inherent in agrarian labor. In assessing their own history, Romans ascribed the virtue their early heroes displayed to the character honed by the rig- ors of agricultural labor and -JUVENAL 6, 292f.2 The decline in Ro- man Republican institutions found its roots in the decline in the quality of Roman manhood. The early Republic provided numerous examples of manhood marked by martial vigor, personal virtue, and self-denial in the service of civic institutions that tran- scend the self: Brutus the first Consul, sentencing his sons to death for plotting with the enemies of the nascent Roman state; the general Regulus, keeping his promise so scrupulously that doing so required his return to captivity in Carthage to face death by torture; Cato the Elder, deliberating by day in the corridors of power, and contenting him- self by night with the shelter of a dirt-floored shack and the sustenance of a baked turnip.' At the time of Rome's rise, the Senate consisted of men so stalwart that its members refused peace with Hannibal even as they mourned the city's tens of thousands of deadand endured the taunts of Cartheginian troops within sight of the Roman walls. Perhaps the greatest testament to Roman virtue was the unwavering loyalty the city in- spired in its Italian allies, even though loyalty earned these allies only devastation during Hannibal's unchecked ram- page through the Italian peninsula. What sort of men were the descendants of the staunch and dauntless Repub- tempered by constant warfare. Agrarian labor facilitated stability of character, which engendered modera- tion in appetite, and fortitude in war. The staid Roman character was the factor that enabled the Roman state to conquer its competitors, and commentators identified the lack of a similar character as the decisive failing of Rome's enemies, especially seafaring peoples. As Scipio remarked, "maritime cities are prone to a certain moral degeneration, for they receive a mixture of strange languages and customs, and import foreign ways as well as foreign merchandise; so that none of their ancestral institutions could possibly remain unchanged....Many things, too, that cause ruin to states as being incitements to luxury are imported by sea". 9 Soon after its conquests, however, Rome would begin to resemble the maritimecities it had vanquished. Hordes of foreign slaves, merchants, and emissaries would inhabit its walls, and farmers from the Italian countryside, displaced by enormous grain plantations worked by foreign slaves, would drift to the metropo- lis to lose themselves in riot and sense-numbing spectacle. Yet, the change in that ascendency possible. Idle urban citizens, unused to work, unthreatened by war, turned a flaccid sneer at their austere and disciplined ancestors. 1. GEOFFREYCHAUCER, THE CANTERBURY TALES, A SELECTION, 164 (Donald Howard cd., Signet 1969). 2. Quoted in J.P.V.D. BALSDON, ROMANS AND ALIENS 5 (1979). 3. Women of the period also exhibited remarkable virtue. The examples of Lucretia and Virginia, who preferred death to dishonor, have evoked admiration into the modern age. 4. PETRONIUS, SATYRICON 5. Id. 6. PLINY, Ep. I 9, quoted in JEROME CARCOPINO, DAILYLIFE IN ANCIENTROME, 79 (E.O. Lorimer trans., Yale 1940). 7. Literally "the penis", or "the prick". 8. DANIEL H. GARRISON, THE STUDENT'S CATULLUS 80 (1989). One of the joys of the translator's craft is the chance to experience the work of other translators. Sometimes, translations of the same work can be remarkably various. Four English translations of the Catullus XCIV fol- low, some more vivid than others: Stuffing, O'Toole naturally with his tool: stuffs The stewpot stews in its own mess. THE POEMS OF CATULLUS 206 (Peter Whigham trans., U.Cal. 1969). Dickie-boy Trill loves somebody's wife O somebody's wife loves Dick Which is just so (as who doesn 't know) As to say that a sticker willprick. GAIUS VALERIUS CATULLUS: THE COMPLETE POETRY 109 (Frank G>pley trans., Michigan 1957). Cockfornicates. "Wliat, a fornicating cock?" Why yes. "Well, as they say, the pot picks its own potherbs" CATULLUS 207 (G.P. Goold trans., Duckworth 1983). Prickface fucks. Really? Sure. He's a fucking prick. SELECTED POEMS OF CATULLUS 94 (Car! Sesar trans., Mason & Lipscomb 1974). Ordinarily, the author or Images in Male would ask the reader's forgiveness for employing such coarse language in his article, but in a nation where our President can't deny doing things in our White House naughtier than Catullus describes, an apology for such language would be gratuitous and disingenuous. Regardless, the poem of Catullus means that Mentula (the historical Mamurra) is so depraved that he devotes as little thought to fornicating as a pot does to cooking vegetables. (3L M. S.M. take note!) social setting does not ex- plain fully the degeneration of the character of Roman manhood. The ascendency of the Roman state coincided with an assault on the ancestral Roman values that made By Howard Beyer 9. CICERO, DE REPUBLICA 2,4,7 (C.W. Keyes trans.), quoted in J.P.V.D. BALSDON, ROMANS AND ALIENS 10 (1979). The other day, as I was doing some hard thinking about life, I came to a startling conclusion. Seeing as I felt there was a need to fill some space in this fine publication, I figured I would share this new found knowledge with you, the devoted reader. Please bear with me for this has nothing to do with much of anything (i.e. if you're looking for any sort of profound dissertation, this isn't the place to go). As of late I have had a few "musical" discussions, ranging from the fictitious mastering of instruments, to the social ramifications of particular genres. As can be expected of such conversations, the topic of punk music makes its way into these talks. What type of music is more uplifting to an entire generation and holds the cure to our social ills better then Punk? This I will not try to answer here. Instead this article will focus on what makes punk what it is (there is no hope for you if you're still expecting something good and continue on). A quick listen to any album can give one a genpunk eral feel for some of the elements of the music. Ask most people to describe its characteristics and you'll most likely get answers ranging from screaming lyrics of a social nature to thirty-one second, three-chord songs. While this is all true (well, maybe a few songs are long and use more, or less, harmony) this is not what makes Punk what it is. Any "good" rock tune will have screaming vocals (mostly of a social nature) and will employ three chords. In fact, most types of music will do this very same thing (ever listen to opera?). What sets Punk apart from the rest ofits commercial (and noncommercial) competitors is the recording studio; the lost element in all music. Truth be told, nobody gives engineers much credit for their work even thought their efforts produce at least 75% of the "sound" we hear. It is the intentional techniques of Punk engineers that give this style most ofits characteristic feel and sound. Musicians are able to do a lot with the modern technology found in a recording studio. Most music heard today is entirely "doped" up; that is the sound you hear has been synthesized away from its natural sounding state. Most popular music is nothing withoutthe "doping" efforts of studio engineers. A good example is the band Smashing Pumpkins. When they record their songs, they use (I believe a conservative estimate would be) 40-50 tracks just to get their guitar sound (I forget the real number of tracks they use; I think it is more, actually). This means the guitar track is played 40-50 times, over and over, to get a new sound that a guitar isn't capable of producing. In addition, the signal (the unamplified sound) is then run through compressors and processors to mold the sound and conform it to the standards of modern commercial music. All the other instruments of a band are done in the same way. Drums usually occupy 10-20 tracks (one track, many times, per drum) and they too are "doped" up to soundbetter. A lot of time is put into this process (called post-production), and this makes most music sound like it does. Punk, on the other hand, lacks most of this. Most may not be able to put their finger on it, but the "sound" punk is able to achieve is equivalent to a garage band using dad's taperecorder Okay, so it's better then that, but it is a far cry from the 100+ channel, multitracked production of most commercial music. Recording punk is a relatively simpleprocess; set up a few microphones, mix the sound down (so you can hear the anarchistic messages) and hit the record button. That's aboutit. I may have over simplified things a bit, but this is essentially what it takes to record a Punk album. All of this, I may add, is very intentional and adds to the flavor of the genre. In short, the production (or lack ot) is what makes Punk what it is. For those ofyou who . were expecting more, you were warned. However you now know the expertise of studio engineers are vastly overlooked by us in our day-to-day dealings. What really makes a band what it is are, in a big way, those who record the band or sit behind the board at live shows. If you take a punk album and, keeping all other elementsthe same, postproduce it (put reverb on the vocals, gated the drums, etc.) you are left with, well, Greenday (not punk). The power engineers have make a profound impact on the music they record. What makes the music sound like the "music" depends on what it is they do, or don't do, to it. This is what sets Punk aside from all other music. �Volume 50, Issue 5 5 TIT H MrMT I I' * H MM Aill **���• � soeeßHetoes cortheMileniqm!! Tw fXN TALENTED LAW STUDENTS TOPERFORM XIJT THff RESURRECTED oF |L7i o Mnufpwitt< his &avel - 1 HONORED TRADITION (WHICH HAS BEEN LYING FALLOW FOR ONLY ABOUT FIVE YEARS) (AND WHICH THEY STILL DO AT HARVARD). (THIS IS NOT ABOUT KEEPING UP WITH THE JONSES...ITS ABOUT BEING BETTER THAN THEM.) TALK TO COLE IN THE OPINION OFFICE ABOUT SIGNING UP TO PERFORM!!! (or e-mail rklein#acsu.buffalo.edu) / ©/ Circles to Change Name \ \ \L/ op f L ' ■ LJ L/" htS [t+\<y*s\ ——\ \ r V?s3\ <L'it I rf- , Vr // === ~*^-~ @&tv- of s \e*t * ,/" I Wk \ Con A s^Ls^~X^ £T r! Ai(&\p' * // \ 4i V^r J j-- wMfj-r should frgoufr -ruiNCTf fjL Mm yne*fr<*> b«^ ?l~kc£ 11 //j/7 ' k> kooK «.ob Pr»n *v«rl-P»-pi» ?•*•»->)"«) Ta wA R 6TflewoßlD : fr*ef r-?') I^^P^C^oot^^^^~ —_J_^~^ Hrs ySJ \ y op] a^hc* J' '\ J\ | sew* f«s «««ricer.., \J X / /-A \ ' 7 /X/^ \ ( " / ,ir*y I I N—-J ; "y IF YOU CAN SING, DANCE, TELL JOKES, RECITE BAD POETRY, BRIEF A CASE IN lAMBIC PENTAMETER, PLAY ACCORDIAN, DO STUPID PET TRICKS, OR ANY OTHER VAGUELY EXTROVERTED ACTIVITY, THEN TALK TO THE OPINION ABOUT PARTICIPATING IN THIS \ U x j-^to^ re§CT . ' »M WiFM &i Lh W // Jjgßifff/) ooopoooo \ Think: don't drive your car on the sidewalk." c • dad dcx/iic Dfll\ l\ L VUC I WO,L p l I2SST w 4 v^e IL most a 1 I �October 5, 1998 6 with them. Scary to think, but this type of stuff goes on all the time, either out in public (such as this open letter), or behind closed doors. Either way, it THE should not be tolerated, and should be countered at all cor- ANARCHIST ners. Finally, the advertise-(E)- by Russ Klein -(A)- publican party is "the dirtiest THE ENEMY OF MY ENEMY IS MY... ENEMY? Sometimes, when flipping through the newspaper, I will find something that catches my eye. It happens to all of us. A strange advertisement. A curious headline. An unusual picture. So it did not come as any surprise when the following paid advertisement was pointed out to me: The Barfield Open Letter to Ken Starr and the UngodlyRepublican Party. The piece occured in the New York Times, on Wednesday, September 30, 1998. As a nonRepublican (and non-Democrat), I felt an immidiate need to read this little advertisement. The letter is signed by a Reverend John J. Barfield 111, who says he is the Chairman of the National Black Clergy Network, as well as the Chairman of the Commission on Justice and Polity of the National Baptist Convention, USA, INC. (please note, the quotes I present below are word-for-word, and not altered. This includes all spelling and punctuation errors.). I would like to analyse this particular advertisement for this column...it is proofthat sometimes "the enemy of my enemy" is not "my friend." The advertisement as a letter basically supported Clinton and lambasted the Republican Party. Please allow me to quote: "The Republican tell, 'hate blacks.' I do not deny that there are those in the Republican Party and conservative circles who are in fact hard core racists. The fact that a person like David Duke was ALMOST successful in his run for governor of Louisianna shows what lurks out there (Duke ran against a convicted criminal...l do not remember the exact result, but it was not 99% - l%...Duke did unrea- Party and Ken Starr have with the advertisement. . stooped so low they need a step ladder to climb to hell and they need an elevator to get to a snail'sback." Another interest- ing quote was "Reagan gave us six economic depressions. ." and "The new code word for hating blacks isconservatism." I consider myself neither a Republican nor a Democrat, and neither a conservative nor liberal. Yet strangely, I have conservative friends. None of them, as far as I can . sonably well). But anyway, on Playing the Race & Religion Card Perhaps the strongest indictment of this advertisement is located in the middle: "Ninety percent of black Americans support Clinton. Trying to find a legitimate black to speak against Clinton is like trying to find a chicken with lips." Those are strong words. One thing that those playing a racial card try to do right off the bat is demonize those withintheir own particular race. After all, if a Klansman is saying "whites and blacks cannot ever get along" and I point out plenty of examples on an individual level where whites and blacks — withoutthe scourge of governments and movements pushing them one way or another — get along just fine, white racists will label the whites with derogatory terms as "mudsharks" or "black-lovers" and a black racist would label the blacks as "Uncle Toms" or an "Oreo." Racism of all kinds is a blight on society, but it is in- teresting how the above, notso-subtle form ofracism sometimes gets left out when it comes to criticism of racism. It is equally as offensive, slighting the other race, while also attacking anyone who dares to have something to do My MPRE Application ? The Bar/Bri Ate It. By SA. Cole How to Brief a Case: Cole v. Bar/Bri an act of stealing. It is even posISSUE: Two weeks ago, Bar/ sible that such larceny was an act offalse imprisonment (of innocent Bri took all of the MPRE appliMPRE applications which, under cations out of the Admissions/Financial Aid office on the third duress, were forced to agree to being given away under the ausfloor. Distribution of these purtook pices of the evil Bar/Bri). And loined applications then the table. even though the theft was perpeat Bar/Bri place Responding to scrawled trated with the tacit approval of signs on chalk boards reading those working in the Financial Aid/ "2L's and 3L's! Have you taken Admissions office, the documents the MPRE? Get your application in that office are actually the propat the Bar/Bri table today!", law erly of all of us here at UB Law, so the bodysnatching that was enstudents clamored to get the apacted upon the documents was an plications. The supply was exhausted after a lew hours. Is the act of removing applications from the office that supply them, and then passing them out under the guise of generosity on the part of your own organization, somehow morally trated an act of unethical, morally repugnant, and demonic sin upon us all. CONCLUSION: By fronting us part of the funds for the student lounge, or even by purchasing ad space in the Opinion, the vast monopoly organization known as Bar/Bri did not purchase the right to steal and lie to the students of UB Law. In fact, by virtue of their monopoly status, Bar/Bri has an ethical duly to be a beacon of morality. Falling in line with other monopolies convince me that they're harassing me about signing up for a bar course because they really want me to pass the bar (guess what, guys: you're not fooling anyone). And I hate the fact that, having commendably made themselves number one in the bar review arena, they now lack the grace, the class, the goddam morality to resist petty larceny and bullshit lying, and treat me like a fool. Thank you, Bar/Bri. Thank you for oh-so-kindly giving me back what I owned in the first place. Shall I bend over a shady? RULE: Stealing is wrong. Lying is wrong. Stealing applications, and misrepresenting the source of thatwhich you have stolen, is wrong. APPLICATION: On Tuesday, September 22, 1998, covert operatives from the Bar/Bri organization entered the Admissions/Financial Aid office on the third floor of O'Brien Hall. Finding there an unguarded slack of Multistate Professional Responsibility Exam applications, these bar review-allied terrorists heisled the applications, smuggling them two floors down to the Bar/Bri table that rents space on our first floor. This heist, and the smuggling that proceeded it, was affront to us all. That was wrong. To add insult to injury, however, the barreview highwaymen who infiltrate our school ona weekly basis then turned around— and proceeded to give us back our own property while pretending it was theirs! Playing on the fears of 2L's and 3L's about to have their ethics measured on a standardized test, the fiendsof Bar/Bri eternally compromised their own ethics by misrepresenting the source of the MPRE applications—and "giving" the documents to students who, in fact, already owned them! Such misrepresentation, which is the most delicate way to characterize this action, is wrong. Therefore, by both steallying, and Bar/Bri has perpeing, ment informs us that the Re- across the country, however, Bar/ Bri has chosen the short, sharp route to corporate evil. At first glance, such an act, and my harsh chastisementof such an act, may seem petty and trivial. After all, we had to get the applications somewhere. As Marie in Admissions put it, "Well, as long as they were going to the students, I don't care." Marie is a much nicer person than me. I make no bones about it: I HATE BAR/BRI. I hate the fact that they can rent out space to harass us, and have been doing so since our first days at the law school. I hate the fact that this bar organization turns my fellow law students into pushy, annoying salesmen— salesmen who try to little more, or is this angle okay for an entity ofyour great, imposing monopoly status to continue giving me the shaft? Next timeyou try to gel away with something like this, you better bring more grease, because the friction from this latest stunt has left me raw. By the way, I'd rather you gave me a black eye than my MPRE application form; something tells me you'd jinx my chances at passing an exam about ethics. I got my application last week at the Financial Aid office, which ordered new ones to replace the forms you removed...and fortunately I got there before any more of your "plumbers" showed up to take those, too. party since Moses crossed the Red Sea." A subtle attack on Jews? An outright attack on Jews? It is interesting that the few people I showedthis to did not comment on this right away. Race Relations To say that race relations in theUS or the world are good would be a mistake. Though hard to imagine, slavery ended in the United States only 133 years ago, and slavelike treatments under the guise of convict leasing went on much longer after that. You can tell in the attitudes of people that there are still whiteswho will cross the street if a gToup of young black men are on the corner, and there are blacks who would rather not deal with majority white police. So while things may be improving, there are still a multitude problems that need to be addressed one way or another. So, you ask me, where DO we stand, racially speaking? To say that we have got "a long way to go" would be an understatement. It would be nice to come to a point in society where people did not regard each other as "white" or "black" or any other particular race or ethnic origin, but rather as "human beings." But the fact is, we are not there. We are somewhere in the middle of where we were during slavery, and where we should be going, which is equality in law, society, and mind. We don't have total equality under the law (the peculiar cocaine versus crack disparities in sentencing, for ex- ample, despite both being the same thing substance-wise), but we are getting there. We don't have equality in the minds of most people, and here, things are moving forward at a snail's pace. We can and should force the hand of the first problem laws should be logically racially neutral (it is hard to argue otherwise, though I would say eliminate the drug laws, and you eliminate drug sentence disparity, but I digress). Human relations, on the other hand, are the tough thing. I would say "it takes time" but the fact is, it takes more than time. If you are not a racist, you should be confronting racism, be it from racists of another race, or within your race. Nothing except atrophy takes time. Everything else takes hard work. - �voua, 7 FIBEE ETHICS M.IMB.E. REVIEW Announcing our University at Buffalo M.P.R.E. Review Class for the November 13, 1998 Exam. ALL STUDENTS WELCOME!!! COME EXPERIENCE THE PIEPER WAY BECAUSE... PIEPER PEOPLE PASS FREE MPRE REVIEW BOOK ~I Each Student that attends will receive a free M.P.R.E. Review Book containing text and 150 M.P.R.E. questions. VIDEOTAPE LECTURE University at Buffalo Saturday, October 24, 1 998 Law School - Room -210 NOTE: All classes will run from 9:00 a.m. to 5:00 p.m. Walk-ins are welcome or call 1-800-635-6569 to reserve a seat or inquire about our other dates and locations. TEST DATE Regular Application Deadline: Late Application Deadline: Friday, November 13,1 998 October 16, 1998 ($48.00) November 4, 1998 ($96.00) THE PIEPER BAR REVIEW ■ 1 -800-635-6569 J| wdTcL �October 5, 1998 * Volume 50, Issue 5 WHO LIKES BUYING LAWYER CLOTHES? By A.A. Noel school of thought that the patcolors you wear have an impact on your perceived size; I don't buy this argument. The New York Yankees have a 747 with their logo and pinstripes painted on it. To me it looks just as big as the regular American Airlines 747 parked right next to it on the tarmac. If you are big, you are terns and o, Ma does this suit make me look fat?" "No, it'syour big ass and stomach that make you look fat." Because I presently have no significant other, I asked my mom to come with me to pick out clothes. I need a critical eye. Trust me, my mom's eye is as critical as they come. If you want her opinion about what you're wearing, you need not ask as it will was mixing and matching, I would get my butt kicked in Mortal Combat. Moments later she returned. Her face was flush with excitement. In her mind this ensemble would indeed get me the cover of GQ and the girlfriend she wished I had. "Mom, this shirt is purple." "It is eggplant." "No, eggplant is big and vertical lines will not help. Also, because of my ample dimensions, in a dark pinstripe suit I look like I the kind of vegetable that is should be breaking kneecaps painted in the middle of this for the local Capo de Tutti tie." "You don't like Capi. As one choosing a career come eventually. on the other side of the law, I it?" Grudgingly, I admit like it better she has some fashion sense. It thought this was an unwise "tieI with decision. than the the anteis just not a fashion sense that What about a on lope it." light fits me. If I were a sales assosuit with pinstripes? Who am "What about ciate at a trendy European don't have his this?" I I, Matlock? shoe store, I would fit into my "Don't you think it mother's fashion scheme. folksy charm. Plus, if you buy that whole arwould be a good idea to patterns/colors Alas, I do not sell Bruno then a I shouldn't be wear color that occurs in gument Magli's. With my mom's did nature? If I ever fall overIf I colors. wearing light clothing choices, dressing for success was not the concern wear light pinstripes, I would board, I am sure to be found. then look like Mr. Why can't you just pick out for me. Dressing without geta regular white shirt and a plane. Steinbrenner's ting beat up was the concern. I decided that red tie?" Finally, While preparing for blue was the color choice— not "You are just old law school, I figured it would not dark not light blue, blue, fashioned. How do you like be necessary to get clothes in blue nor robin's this shirt?" turquoise She put it egg which I could network. Sure, blue. Just blue. No stripes. I look sassy in my sweats and As payment for my denim shirt, but how could I mom with me, I threw coming be sure the well-heeled attora her bone. would I let her pick neys in Buffalo's legal profesout a shirt and tie for my new sion would like my Garth Brooks baseball cap? My suit under the proviso that I would have final say the matwardrobe was only appropriter. She accepted these terms. ate for auditioning for a job as in the bowels of Macy's Deep one ofHootie's Blowfish. No, she with the suit drapped went I had to break down and get over her arm. In retrospect, some big boy's clothes. should have offered I maybe When buying any to buy her dinner. She wanted clothing here is my problem. 1 am a big guy. Okay, I am me to look like the guy on the husky. All right! I admit it, my cover of GQ. I knew it wasn't going to happen, but who am I neck is bigger than your waist. to dash her hopes? Thanks to my peasant foreI let her do the heavy bears, I have a body type built fashion lifting. In the meanfor hauling slabs of marble went to time, I the audiovisual out of a quarry. This limits my to with the department play fashion choices. It seems to mom Sony While Play Station. me clothing manufacturers think that if you have wide shoulders and a big neck you must have a girth the size of Pilot Field's circumference. This means when buying a r»M5+ A / X/# ' shirt you get yards and yards of extra fabric whether you need it or not. This whole shopping for clothes thing is a pain in my size 18 neck. The suit had to be picked out first. My color choice was blue or gray. If I feel frisky, I will consider a pinstripe. However, for this to ■ happen all circumstances must be right. First, the planets need to be aligned. Second, a pretty girl must have smiled at me in the past week. Third, I must have found some money in the pocket of my Levis. I consider these little signs that I may have good luck. I've heard pinstripes are "slimming". There is a ■ s~- f Ge+... ] «*/** ■ ' fjffte*, law. The two hours and twenty seven minutes of angst was finished after one swipe of collar?" theAmerican Express card. "They call it a tab colI know this is on the lar, a lot of people wear them." realm of sexist but, are there "Mom, I am going to any guys who like to go shoplaw school not the seminary." Her last combination ping for clothes? If there are was the most acceptable. A lawyering jobs where the clothes won't make the man, I white shirt with a fine blue pinwould like to know about them. stripe (again dreaded pinstripesAs a matter of course I think -argggh!) in an "athletic" fit, though my shape has not been the "Going to Law School" "athletic" in a long time. The guides should list more than neck size and sleeve length were the average pay and the responboth correct. So far so good. The sibilities that come with each tie was a blue/red pattern with particular lawyer job. They should also print the jobs little triangles. Perfect for hidwhereit is just fine if you wear ing the sauce stains I would inkhakis and a sweatshirt. evitably spill during a really imAfter our outing, portant networking event. I should be thankful that she didn't mom was more than a little frustrated. Since I was making want me to get a bowtie. the purchase, I had veto power. to Macy's stock had tick up that day. Any money I Gone were my junior high thought I would use for little school days when I got the things like books and tuition was "You will wear what we buy you" speech. Here is advice for now in the hand of the sales asThis sociate. young lass didn't moms out there: double knit seem to care about the trouble I disco shirts don't go with a wrestling sweatshirt. Also, a endured while choosing my apnor was she parel, impressed mauve (READ: salmon) with the combination of suit, "Members Only "jacket makes shirt and tie my mom promised a fashion statement. The statement is, "I don't want any would snag a future daughter-inagainst my chest. "Ummmm whereis the friends." —Sx J ' /A 7 " \-l|[ — r J / I | ft I 1 V IT (r J* v>7 8 � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Opinion, 1998-10-05 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. The Opinion no. 5 05.10.1998 Date Issued Date of formal issuance (e.g., publication) of the resource. 10/5/1998 Bibliographic Citation A bibliographic reference for the resource. Recommended practice is to include sufficient bibliographic detail to identify the resource as unambiguously as possible. 50 5 Publisher An entity responsible for making the resource available University of Buffalo State University of New York at Buffalo Law School Language A language of the resource eng Type The nature or genre of the resource Newspapers Text Is Part Of A related resource in which the described resource is physically or logically included. LIB-LAW003 Rights Information about rights held in and over the resource <a href="https://rightsstatements.org/page/CNE/1.0/">COPYRIGHT NOT EVALUATED</a>. The copyright and related rights status of this Item has not been evaluated. Please refer to the organization that has made the Item available for more information. You are free to use this Item in any way that is permitted by the copyright and related rights legislation that applies to your use. This digital collection is made available for research and educational purposes. Researchers are responsible for determining copyright status, and securing permissions for use and publication of any material. Copyright for items in this collection may be held by the creators, their heirs, or assigns. Researchers are required to obtain written permission from copyright holders and the University Archives prior to reproducing or publishing materials, including images and quotations. For inquiries about reproduction requests and permissions, please contact the <a href="http://library.buffalo.edu/archives/">University Archives</a>. If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/8d875803264252a5d7e8493270f5448f.pdf a4409e30e072debc2714e892f76a9972 PDF Text Text 50 YEARS OF THE Vol. 50, Issue #4 "Vi Veri Veniversum Vzvus Vici" September 28, 1998 UB Law Human Rights Center Student-Led by S.A. Cole Editor-In-Chief "Human Rights organizations clamor for our students," said Profossor Mutua. Through a combination of innovative scholarship, stu­ dent involvement, and work all over the world, the UB Law Human Rights Center is quickly becoming an organiza­ tion of international standing. Out of their small office on the 5 1h floor of the Law School, the Center sends students to such places as Geneva, or Zimba-. bwe, while profossors travel far and wide as amba<;sadors of UB Law. The office itself serves as a library, housing numerous publications outlin­ ing opportunities for human rights work. Discussing their accom- Organization plishments, plans, and hopes for the Human Rights Center, International Law Fellow and 3L Rebecca Monck, UB Law Profossor Makua wa Mutua, and UB Profossor Claude Welch were interviewed by the Opinion on Tuesday, Sepkm­ ber 22. Professor Mutua began by explaining the various ele­ ments making the UB Law Hu­ man Rights Cenkr unique--and a kader in the field. "The first thing is our focus ...we focus on areas that aren't fully devel­ oped. Regular human rights studies look at civil and politi­ cal rights; we go beyond that, paying particular attention to social and economic rights." "The other difference is that this is a student driven or­ ganization; part of the larger on the Forefront process of animating students. There is a great emphasis on the level of student involvement." Profossor Mutua de­ scribed the dedication of UB Law students to the school's Human Rights program: "There is something distinctive about our students in that they pay for their internships them­ selves," either privately or through grant money they ap­ ply for. What does the school offer in return? "We are the only program that gives credit for this work. W-esee ourselves as distinctive." This calls for a great deal of student initiative. Rebecca Monck, the Human Rights Fel­ low for 1998-99, explained how she became involved with the Human Rights Center. "I of Human Rights Efforts approached Professor Mutua my first year, and said 'send me anywhere.' I ended up at the ICJ [International Commission of Jurists) in Geneva." Working at the ICJ, a non-governmental orga­ nization that promotes the legal protection of human rights throughout the world, changed Monck's perspective about interna­ tional Human Rights. "Af­ ter seeing the process at the !CJ first hand, I came back quite different. Once you see something for yourself, you start to think more critically about things." It is this critical per­ spective that Monck, Mutua, and Welch seemed most proud of. "You have to examine the roots and implications of the dia­ logue," said Professor Welch, an Africanist, SUNY Professor, and co-director of the Human Rights Center. When asked about the pos­ sibly divisive nature of critical per­ spectives within the Human Rights community, Welch stressed the positive. "Of course, there is al­ ways a tension between analysts and activists." But, he said, it is Criminal Law Society To Host Wechsler Moot Court ByDaveNlen Staff Reporter The University of Buffalo's Criminal Law Soci­ ety will host the inaugural Na­ tional Herbert Wechsler Moot Court Competition this coming spring. Named in honor of Herbert Wechsler, who authored the modern penal code, the competition will highlight a series of events the young organization has planned throughout the com­ ing school year. Organizers have invited schools from across the country to partici­ pate, and are awaiting re­ sponses. "We would consider it quite successful with 12 schools," said court so-chair Rick Staropoli, who expects the contest to boost UB's growing reputation for crimi­ nal law work. The contest will he the United State's only criminal law moot court competition. "There are currently two crimi­ nal procedure competitions, hut ours would he the first in criminal law," said Professor Marcus Dubber, who is guiding the event's coordination. To he held March 1920, the contest will have com­ petitors dealing with issues in­ cluding the constitutionality of federal and state criminal law states, and special interest in federal criminal code reform. Schools will be able to enter up to two teams of two or three members. "There are currently two criminal proce­ dure competi­ tions, but ours would be the first in criminal law." --Professor Marcus Dubber Prizes will be awarded for the hest overall performance, the best team brief and the top individual oralist. Second and third year .. .. . students will he eligible for the contest. "The process for choosing who's on UB's team has not yet been determined. It may or may not include an intramural competition," Staropoli said. The Buffalo Criminal Law Center is co-sponsoring the competition. The Criminal Law Society is handling most of the organization. "It is a good example of collaboration between the faculty and stu­ dents," Dubber said. Information about the comntest can be found on the Criminal law Center's website, at http://wings.buffalo.edu/ law/bclc. For further informa­ tion about the contest, call the law center at 645-3407. The Criminal Law Soci­ ety also has the following events tentatively scheduled for the 1998-99 school year: *Prosecution, defense and death penalty issue discus­ sion panels. *A tour of the Buffalo office oft he Federal Bureau of investigation. *A production of th.e Ayn Rand play The Night of January 16. Rebecca Monck, 3L, selected as the the 199899 International Human The Unive.r­ Rights Fellow. sitY,BuffaJo'~Crimi~-•.• at Lawstt]eiY n~I ·•s···· based at 8 o~Brien. c~n be .Ha\J;.. and ·:~lf~ea at645;3431.·.} only through critical analysis of human rights work that members of the community can detect progress. Thus, a critical perspec­ tive is crucial, both in the applica­ tion and development of theory. Saying "We evaluate the ef­ fectiveness of the discourse itself," Professor Mutua agreed with his colleague. "If you don't take risks, · ::··•··••(i·c,.•~i~!:: /~::••::•·::: t9?~~!9, ~~h~gt y~~r~rt/ Continued on page 3 . •.•;[9-Ch~}f .\ \Raebel 'I'rapp :-:-: ·.• Inside This Issue ... . Treasurer. Jeorge deRosas Fundraising Chairs Melinda Mcsherry Michael Arcesi Moot Court Chairs Rick Staropoli Michael Arcesi Desmond Moot Court Update ..................... 2 SBA Treasurer's Report .................... .3 Robot Rivalry! ....... .] Peter's Briefs ........ .4 SBA Candidate Statements ............ 7,8 �2 September 28 1998 Pigeon-Rats, Deans, Cartoons, Robots, and SBA If any of you watch the Simpsons, you may be fa­ miliar with an episode--one of the famous Halloween epi­ sodes--where Bart, Lisa, and baby Maggie discover a mys­ terious entity residing in their attic. Hunched, ragged, sub­ sisting on a diet of fish heads, it turns out that this mysteri­ ous figure is in fact Bart's evil twin; he has been hidden in the attic since he is, in fact (according to Dr. Hibbert) "pure evil." This evil twin de­ cides that he and Bart, born as conjoined or Siamese twins, need to be melded back to­ gether. Cornering Bart in the attic, evil twin Hugo whips out a needle and thread, intent on a reunion with his beloved brother...while Bart asks him if he knows what the hell he is doing. Hugo replies: "Of course, I know what I'm do­ ing. See, I've been practicing. Look, I made a pigeon-rat." A bird sewn to a ro­ dent, the pigeon-rat tries to fly off but thuds to the ground; trying to scurry into a hole, it thwacks into the top of the entrance. Heh. It's really a very sick scene. Ladies and Gentle­ men, welcome to my pigeon- rat editorial. You see, I have so many diverse topics to dis­ cuss this week, the only real solution is to whip out the needle and thread, and get sew­ ing. How else can one discuss Opinion funding, cartooning, the Opinion mascot, and the SBA all in the same article? First things first...the Opinion is very happy to report that, courtesy of the Adminis­ tration, this newspaper will continue to be found in your mailbox every week, bringing you news, op-ed, and cartoons. That's right, folks. In a finan­ cial bailout only shadowed by that of our impoverished friends in Russia, the Admin­ istration has stepped in to avert an Opinion Cash Flow Crisis. In the interest of full disclosure (and satisfying what is no doubt your avid curiosity re­ garding All Things Opinion), let me explain how such a thing came about. Well, basically, we didn't have any money. And then, the Deans gave us some. (!) Okay, you want more of an explanation? To put things bluntly, the Opinion costs about $6000 a year to print. Last year, as in many years past, the Opinion did not meet its advertising quota (the SBA traditionally voted over the years to "lend" us $6000, which would theoretically be replenished via advertising revenue throughout the year). So Cole, financial genius that she is, decided "hell, don't lend us the money ... give us a set amount and we'll pound the pavement to scare up the in­ come we need." The SBA voted us $1,500--an amount we didn't contest. I was confident that, through returning a week early from my summer job, and dili­ gently walking the streets of Buffalo (hey--there are no lengths I won't go to for this paper), we could raise the money we needed. Calcula­ tions indicated that two pages of advertising would provide adequate funding for each is­ sue. Now, those of you who are careful readers of the Opinion will have noticed that, witty and urbane as we might be, there ain't no way we've had two pages of advertising in any of our issues. This is the result of several factors conspiring against us: 1) The over sixty lo­ cal businesses we approached about advertising in the Opin­ ion either told us to shove off ("and take your measly 1,000copy print run with you!") or kindly informed us that any WE c;or LETTERS! Dear Editor of the Opinion,., -D-e-sm_o_n_d_M_o_o_t_C_o_u_r_t ____________ Status Report from the Judges Chair The Buffalo Moot Court Board has been busy throughout the summer, rede­ signing the Desmond Compe­ tition. With the invaluable advice, personal effort and contribution of resources by the Alumni A<;sociation and our new Faculty Advisor Pro- _, fessor Luci nd a Finley, we have been seeking to invite the beSt appellate practitioners in Western New York to judge this year's competition. This year's change of course has served two purposes. Firstly, it provides as realistic of an appellate oral argument situation for th e competitors as possible. It further broadens their professional experiences as much as Editor in Chief... ............................................... S.A. Cole Graphics and Layout Editor. ............................ Ken Grant Business Manager ............................................ Dan Baich Managing Editor !... ....................................Cindy Huang Op/Ed Editor. .................................................. Russ Klein News Editor. ........................................................... Vacant Web Editor.. ........................................... Leonard Heyman Web Editor. ...................................................... Russ Klein Photographer ..................................................... Ken Grant possible before leaving the University. Secondly, by pro­ viding a positive, intellectually challenging occasion for both the students and the practicing Bar, we are seeking to strengthen the ties between the two groups, that will hopefully last for many years to come. This is the first year that we know of in which the Moot Court Board has been a part of a conscious effort to reach out to the Western New York legal community legal community, regardless of their status as VB Law Alumni or not. The response from both the Bar and the Bench has been beyond any VB advertising they have to really believe in this school-­ do, they do with the Spectrum. that we have an excellent pro­ 2) Bar/Bri and West, gram here, with excellent fac­ who primarily supported the ulty and students. I greatly paper in the past...well, we all value the role I play in this know West has gone the way community, and the chance the of the Dodo. And, wonder of Opinion provides me to meet wonders, Bar/Bri no longer people and work with them to has any competitive incentive publicize their work and to advertise. Fancy that! This events. All that being said, it monopoly thing is a drag. wa'i important to me to make 3) The paper does sure the Opinion could con­ have an agreement with Cass tinue to function as an ever­ Communications to send us improving forum for commu­ advertising, but Cass only nication at the law school. pays its clients quarterly, and Which, through the under­ we aren't anywhere near see­ standing and concern of the ing money from them (al­ Deans, it will continue to do. though we have run a few of If this raises any con­ their ads). cerns amongst you--whether To make a long story about objectivity, or finances, short, three issues into the se­ or editorial policy--! would mester, we were anticipating appreciate a chance to hear a bank account that resembled your ideas. Thanks. a black hole. With SBA elec­ Moving on, the next tions just getting underway, topic on the operating table and no way the group would (stitch stitch stitch) is convene in time to vote us CARTOONING. As you may more funds ('cause why the have noticed, we try to present heck wouldn't they? a variety of law-and-politics Uh...that's just a rhetorical oriented cartoons in this paper, question, folks ....), the Edito­ home-grown here at VB. This rial Board of the Opinion de­ practice is one of long stand­ cided we had only one option: ing tradition at newspaper; go to the Administration hope anyone who has visited the the Deans had as much faith Opinion office has seen the in the paper as we do. All kidding aside,---......,..,--....-...---....,.....--,.._­ fellow law students, I really Editorial continued on believe in this paper. I also the top of page 3 of our expectations. This should be an incredibly re­ warding year for competitors and judges alike. The Competition will run Monday through Saturday, October 26th through the 31st. Preliminary rounds will be held in O'Brian Hall; those teams advancing will argue in Erie County Hall, 92 Franklin Street, in downtown Buffalo. Again, our thanks to Professor Finley and the Alumni A<;so­ ciation. Terrence McNamara, lL Judges Chair Moot Court Board Staff: News Reporter. ................................................. Dave Allen News Reporter .............................................. Peter DeWind Columnist. ................................................... Howard Beyer Columnist/Chauffer. ..................................... Gabe Di Maio Columnist. ...................................................... Randy Janis Columnist.. .............................................. Katie McDowell Columnist. ..................................................... Peter Nicely Columnist. ....................................................... Adam Perri This week, 3L Deb Hagen expressed her dis­ tress over the choice of a nameless robot as the mas­ cot for the Opinion. In­ spired by the Lyrics below (submitted hy Deb) her suggestion for a new mas­ cot for the paper is pic­ tured fighting the Opinion robot for dominion of the mascot domain. Smashing Pumpkin~ Bullet wit~ Butterfly Wings Tot! world is a vam pin:, sent to drain secret destroyers, hold you up 10 the tlames and what do I g"I, for my pain betrayed desires, and a piec" of lhegam• even though I know - I suppose I'll show all my cool and cold - like old joh despite all my rage I am still just a rat in a cagl.! now I'm naked, nothing hul an animal hut you can fake ii, for just one mort!show The Opinion, SUNY al Buffalo Amherst campus, 7 John Lord O'Brian Hall, Bulialo, New York 14260, (716) 645-2147, is puhlished weekly throughout the Fall and Spring Semesters. The Opinion is the student newspaper of lhe Stale University of New York School of Law. Copyright 1998 hy the Opinion, SBA. Any reproduction of materials herein is strictly prohihited without lhe express consent of the Editor-In.Chief and piece writer. and what do you want, I want lo change and whal have you got when you feel the same and though I know - I suppose 1•11 show and my cool and cold-like old job despile all my rage I am sti!l just a rat ma cage Suhmission deadlines for all articles are every Wedne.~daypreceding puhlication (if it's on disk, you can push it lo layout lime on Thursday ...no later that 6:00 PM, please). Submissions should be saved in IBM Wordperfecl 5.1; please enclo~e printed copy for safety's sake. Write your hox number on your disk if you wanl il returned. The Opinion is printed al the Buffalo Newspre.~s. While the Opinion will not print lihelous or anonymous material, all suhmissions shall be printed entirely and exactly (so proofread your materials), provided they are signed submissions from a member of lhe UB Law community (sludenl~, facully, staff, alumni). The Opinion in no way endorses the viewpoinL~ of iL~various columnisL~ and contributors. Considering lhal the Opinion isn't actually a senttenl heing, it also doesn't think there's anything wrong with any viewpoint expressed in this puhlicalion. Vi Veri Veniver.mm Vivus Vici. "We have a First Amendment and we know how lo use it." ..,. then someone will say what is lost Cc:10never he saved despite all my rag• I am still just a rat in a cage tell me I'm the only one tell m• there's no other one Jesuswas an only son tell me 1'm the chosen one Jesus was an only son for you despite all my rage I am still just a rdl in a Cc:1ge and I slill believe that I cannot he sav"d :. �3 Volume 50, Issue 4 Treasurer's Report Editorial Continues .... Welcome back to UB. Our first SBA meeting is Wednesday, October 7th. Elections for class directors are September 28th and 29th. Please come out and vote for the best candidates. Interested 2L's in being a class director should see Andrew Zakrocki, SBA Parliamentarian. The treasurer meet­ ing went well and the turnout was great last week. For all those clubs who were unable to make it to that meeting, you need to set up an individual meeting before your budget goes into effect. If any clubs are hav­ ing upcoming events, fundraisers, or need to be re­ imbursed, feel free to stop hy during my office hours, which are Tuesday and Thursday. 12:30--2:30. All the clubs seem very enthusiastic about the upcoming year, and we en­ courage all student to get in­ volved and find out more about the various SBA ap­ proved clubs. Upcoming events American Tri a I LawyersAssociation (ATLA) is having a meetingon Tues­ day, September 29, Room 212 at 4:30, for all who are inter­ ested--including I L's--to learn more about what goes on in the courtroom, and to be able to compete in the tournament in February. Boston University School of Law Softball Tour­ nament on Columbus Day Weekend, October 10th and 11th. To find out more about registration fees and who to contact come and see someone in SBA or check the green bulletin board outside the SBA Office. All clubs who are have a meeting would like pub­ lished here, just slip us a note and we will include it in our column. Other Issues Recently, there has been a concern about the cleanli­ ness of the bathrooms. We have tried to address this is­ sue, and if you still feel the bathrooms are poor, please let us know so we can report it to the administration. Clubs need to hand in the fixed asset inventory if Continued from page 1 hard working human- rights activists. "Lech Walansa, Vaclev Havel--they were Hu­ man Rights activists. The events in Eastern and Central Europe were a Human Rights revolution." Mutua then noted the tendency of many to view the struggle for human rights in the United States a'>somehow separate from the international efforts the Human Rights Cen­ ter is a part of. Pointing out that the international human rights movement is a matter of "the Universal whole," Mutua said: "If you take a course in this Jaw school that deals with equality, even if it focuses ex­ clusively on the US, that is a human rights course. We have to stop treating America as distinct." Pointing to the multina­ tional cooperation of the hu­ man rights movement, Mutua indicated the diverse editorial advisory hoard of the UB Hu­ man Rights Law Review. He also explained the prestige and status of the hoard members in the international Human Rights community, stating "the Human Rights Law Review is our flagship publication. When this journal goes out, it gives us a name to go with it." He said that the journal "is a sign ofus being is contact with major currents of change in the Human Rights world." The most recent edition in terms of your scholarship, you quickly become irrelevant in this field." The risks currently un­ dertaken by scholars at UB in­ clude exploring questions of Human Rights and ethnicity, and Human Rights and gender. According to Mutua, "the paradigmatic," or traditional, perspective has "gotten old," whereas issues of ethnicity and gender are "the cutting edge." The socio-economic plays a big part in this new, critical perspective, too. "How can you give somebody the right to vote, if they don't have enough to eat?" asked Monck, citing an example of simple economics getting in the way of simple human rights. "How can the vote if they don't have enough energy to go to the polls?" Or, as Professor Welch put it, "What comes first--the right to vote, or breakfast'!" Questions such as these are being posed in all areas of the field, even as the interna­ tional human rights movement is seeing success all over the world. "The magnitude of this project is enormous," said Pro­ fessor Mutua. He then cited the recent events in Eastern and Central Europe, and South Africa, as tremendous victories for human rights, victories achieved not by the work of government, hut of dedicated, cartoons that festoon our walls, rescued from the news­ paper files of the '70's and 80's. While our artists gen­ erally make up their own ideas, we are always open to suggestions from our class­ mates at to cartoon ideas. Also, I would love to have a few new cartoonist~ contribut­ ing to the paper. Remember, folks: when it comes to cartooning, an inability to draw isn't a problem, it's the makings of a distinct look. Next. It seems that some people have taken um­ brage to our darling Opinion mascot, the Unnamed Robot. In fact, this issue of the news­ paper brings you a suggestion from a 3L as to what a more appropriate ma<;cotwould be. It looks like the debate might get heated .... So, if you could do us a favor, and keep in mind that every member of the UB Law community might soon he called upon to contribute to the discussion as to what the mascot should be, that would be appreciated. Symbols. Sym­ bols are very important. And lastly ... of some more immediate rel­ evance to all of you, a pe­ rusal of the paper will re­ veal that this is the SBA candidate issue. There is really no mild way to put this, so maybe irony will help: 2L's and 3L's, where are you? Five candidates between the two of you? There better be some write-ins. For those of you who were on SBA last year, and have chosen not to run again (particularly those of you who ran for E-Board positions, yet aren't running for office ...where's my candy and Jetter opener now, huh?), we at the Opinion would he intrigued to hear why you are no longer in­ terested in the organiza- tion. Believe me, 1 understand your reasons could both be le­ gion and valid. Speaking as the reporter who covered all SBA meetings for this paper two years ago, I can attest to how boring and horrifyingly point­ less an SBA meeting can be. HOWEVER, this year's E-Board is a conglomer­ ate of genuinely competent, re­ alistic people (and believe me, they get to deal with the Opin­ ion on a variety of levels, espe­ cially the Treasurer). So, uperclassmen, if you 're thinking about being a write-in candidate, give it a shot. You might get something accomplished this year (But Cole, why don't you run? Objectivity, baby, objec­ tivity.). Okay, this editorial has become horrifically conjoined. Thanks for reading the Opinion; bring your submissions down to the basement, box 27, or track down and tackle the Opinion Editor of your choice. S.A. Cole Editor-in-Chief 1-----------------------------------• your dub has a computer, etc, ASAP. IIIIIIIII11111111111 lB • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • -..,_ __ ___, ~---• •• Bleep. • • • • • FIIEIJIH I IIIIIIIIIIIITIJlTFITll••••••••••••••••••••••••••••••••••••••••••••••••• Betsey Snyder, 2L Treasurer Student Bar Association of the journal contains articles about "accounting for the pa<;t" in South Africa, an examina­ tion of social rights and eco­ nomic development, and a dis­ cussion of female circumcision and how it should be grounds for asylum in the United States. The first article in this fourth volume of the journal is writ­ ten by Honorable Abdullah Omar, "one of the icons of the movement," said Mutua. Going forth into the Hu­ man.Rights community as an emissary of UB Law is one of the roles Professor Mutua plays as he travels the world lecturing and organizing. When on the road, he creates opportunities for UB students, "You hold people for ransom at those conferences to use your students." UB students repay the favor by doing excel­ lent work and "leaving a legacy" wherever they go, said Mutua. The Human Rights Cen­ ter is working this year to pro­ vide even more resources for students. Aside from the vo­ luminous library of interna­ tional Human Rights opportu­ nities housed in the office, the Center's website [http:// wings.buffalo.edu/soc-sci/po/­ sci!hr] will soon be linked to numerous Human Rights websites. The Center will he conducting numerous discus­ sions and lectures. A grant writing campaign is underway, to secure funding for future in- ternships. Even more impor­ tant, however, is the incli­ vidual counseling the Cen­ ter will provide to law stu­ dents--lL's, 2L's and 3L's alike--who are interested in obtaining internships in the Human Rights field. "We will work with students to help them fig­ ure out what kind of work they would like to do," said Monck. "Some people want to work in in­ stitutes. Some want to he in the field. We counsel students to help them de­ termine what would suit them best, and then we give them the resources to find their own opportuni­ ties. That way, they can later help others to locate what type of work they might want to do." Language, Monck stressed, is not an absolute barrier, although it does help. She also mentioned that an intern should at least he willing to make an effort to speak the lan­ guage of those they are working with. "Before I left for the ICJ, I was lis­ tening to French tapes all the time, trying to learn. People appreciate it if you try--and you should never assume that everyone speaks English." Monck said that in­ terested students can find t-r--.--.- • : •• • t' ,. ::.... • ...,.,,.,, . ..,..,.................. ,,,.,, • :,:,,,,,.,,~:,: ::? • • her 'in the Human Rights Center, Room 523, on Mondays and Wednesdays from the hours of 102, or they can call the office at 6456184 to make an appointment. The Human Rights Center is looking for new interns to send out into the world this year, and is always seek­ ing volunteers to a<;sistwith lec­ tures, lunches, publicity, and re­ source organization. Have you traveled abroad to do human rights work? The Opin­ ion would love to print your story and photos. Share your experience with fellow students! The Human Rights Center is looking for a new wehmaster to upgrade and maintain its website. Inter­ ested? Call x6184 to talk about getting involved. On Tuesday, October 6, 1-2:30, in the Faculty Lounge, the Human Rights Center is hosting a brown bag lunch and International Human Rights discussion with VirginiaLeery. �4 September 28, 1998 "Granny's Advisor" This placed the Bar members in the sticky position of being The New York State liable for meeting the duty to Bar's efforts to permanently provide clients with legal ad­ enjo"in enforcement of the vice as to their options. "Granny's Advisor Goes to Attorney General Jail" law have been successful. Janet Reno agreed with the The Bar hrought its first ever Bar's concerns and announced law suit in order to argue that in March the Justice Depart­ this law curtails free speech ment would not enforce or de­ rights and punishes lawyers for fend this law. They further complying with their ethical contended this action rendered duties. This week, U.S. Dis­ the Bar's suit moot as no one trict Court Judge Thomas J. was suffering under it. The McAvoy agreed and struck Bar, however, persisted in their down the law. suit out of concern this law The "Granny's Advi­ could be prosecuted at some sor" law was enacted in an at­ future point. Further, the Bar tempt to force wealthy indi­ argued its members have an viduals to pay for their own obligation to follow the law medical care instead of using regardless of whether it is be­ publicly funded Medicaid ben­ ing actively prosecuted or not. efits. It addressed the concern Justice McAvoy's ruling re­ that individuals who possess moves that threat for the time the resources to pay for their being. The Justice Depart­ own care may nonetheless ment has not decided whether qualify for Medicaid benefits it will appeal the ruling. hy hiding their assets from scrutiny. Parental Rights Originally, it was the Valerie Emerson has act of shielding assets which prevailed in her claim that she was to he sanctioned. The fo­ may refuse AIDS treatment for cus, however, shifted from the her four year old son. Ms. Medicaid applicant to the Emerson, who has the AIDS applicant's advisor. The final virus, has passed it on to two version punished the act of of her four children. She has providing lawful advice on refused AZT treatment for how to accomplish asset four year old Nikolas after the shielding despite the fact the other child, a three year old action of shielding was legal. girl, died while on the drug Law HISTORY REPEATS ITSELF ... ? Test your Presidential Knowledge 1. Which president smoked marijuana with a nude playgirl while he joked ahoul heing too wasted to "push the hutton" in case of nuclear attack? 2. Which president allegedly had affairs with hoth a winner of AND a fi­ nalist in the Miss America pageant? 3. Which president made love to one of his sec­ retaries stretched out atop a desk in the Oval Office? 4. Which president allegedly had an affair (as well as children) with a slave who was his wife's ha! f-sister? 7. Which future president wrote love let­ ters to his neighbor's wife while he was en­ gaged to someone else'! regimen. Though the drug may extend a victim's life, Ms. Emerson believes the side ef­ fects do not outweigh any such benefit. The Maine Depart­ ment of Human Services, which had sought custody of the child, argued that refusing treatments placed the child's life at risk. Maine Judge Dou­ glas Clapp determined the treatment's henefit is suffi­ ciently speculative that refus­ ing treatment does not consti­ tute abuse. Parental Wrongs Though even George Wallace recanted his puhlic stereotyping in the end, it has, sadly, not gone entirely away. Chicago Juvenile Court Judge Fe Fernandez determined that a Sicilian man who allegedly fondled his children had not ahused them hecause such con­ duct is acceptable in Sicilian culture. The man wa<;charged with pinching his 10 year old daughter's hreasts and hehind. Further, he was reported to have done the same to his 8 year old son's genitals. Judge Fernandez de­ termined these actions were not committed for the man's sexual pleasure and were ac­ ceptable ways to show affec­ tion in the Italian culture in which the man had heen raised. 12. Which future presi­ dent, while a college student, loved showing off his man­ hood (which he named Jumho'')'! ••••••••••••••• 8. Which president had a torrid affair with the first lady's personal secretary? 9. Which president made love to a young woman in a White House coat closet--at one point, while a secret service agent prevented the hys­ terical first lady from at­ tacking them'! 5. Which president called his mistress "Pookie'"! IO.Which presi­ dent made love in a closet while telling his lo_ver ahout the other president who made love in a closet (the one in Question 9)'? 6. Which president married a woman who hadn't yet divorced her first husband and was hranded an "adulterer" during his reelection campaign. 11. Which vice president was cheesed off hecause he felt his record of sexual conquests was more impres­ sive than the president's? NOSNHOf "8 NOCTNA1:·zr NOSNHOf "8 NOCTNKI . II ACT3NN3)! "tlNHOf ·or ONIUMVH ·o N3}HIVJ\\ "6 .L1:3A3SQQ}I ·a Nll:)INV}ltl ·s NO.LDNIHSVM 30}1030 "l NOSNHOf M3}1CTNV·9 NO.LNI1:::)1:1:18 -~ NQS}l3tltl3f SVWOH.L ·p NOSNHOf "8 NOCTNA1::£ NO.LNI1:::)1:1:18 ·z ACT3NN3)! "tlNHOf ·r ••••••••••••••• More Cultural Stereo­ types The Second Circuit Court of Appeals has deter­ mined the military's "Don't Ask, Don't Tell" policy does not violate six soldiers' Con­ stitutional rights. The deci­ sion, which overrules a lower court's opinion to the oppo­ site, opines the courts should exercise deference to military policies affecting troop readi­ ness. The decision defers to military claims that prohibi­ tion of homosexuals has a positive affect on troop mo­ rale. Jail Birds Banned The U. S Court of Appeals has upheld a U. S. Bureau of Prisons ban on por­ nographic materials. The Bu­ reau was acting under a law which hans the use of puhlic funds to distribute sexually explicit materials. To achieve this goal, the Bureau devel­ oped a definition of sexually explicit which included porno­ graphic magazines. Three prisoners subsequently sued the Bureau after heing denied access to materials including Penthouse and Playhoy. Sev­ eral excluded publishers also hrought suit. The Court found the han serves legitimate prison interests. The prison demonstrated that rnhahilita­ tion is served by avoiding the aggressive effects of porno­ graphic materials. While find­ ing that the terms of the ban are not overbroad the case has been returned lo a lower court to determine if it is overly vague. Bankruptcy Overhaul Both the Congress and Senate have pa<;sed mea­ sures which affect the process ofhankruptcy. Both mea<;ures address the helief that too many individuals are declaring bankruptcy under the rela­ tively lenient terms of Chap­ ter 7. The measures aim to channel those with an ahility to repay deht into the less for­ giving Chapter 13 proceedings which restructures deht instead of discharging it. The Senate hill would force those who can repay 30 percent of their deht within three years into Chap­ ter 13. The House hill focuses on a means test with those who earn at or ahove the national mean household income chan­ neled into Chapter 13. The House bill also includes a pro­ vision to prevents forgiveness of credit card deht accrued in the 90 days hefore declaring bankruptcy. SBA ELECTIONS ARE ON SEP­ TEMBER 28 AND 29. DON'T FORGET TO VOTE. THE OPINION IS STILL LOOKING FOR STAFFERS TO CONTRIBUTE REGU­ LARLY. IF YOU ARE IN­ TERESTED IN JOINING, STICK A NOTE IN BOX 27 OR 95, OR EMAIL US AT RKLEIN@ACSU~UFFALO.EDU, OR HUNT US DOWN. �5 Volume 50, Issue 4 'l'IIE SPO'l'tl'l'E PllESEN'l'S: 'l'IIE El'OI.U'l'ION01~ IIUHANIUND by Russ "the human" Klein Drive to Benefit Of Victims H urr1cane Georges ~ Labor and Employment Law Association By Theresa Merrill Are you intt:rested in meeting and nt:tworking with local attorneys, union, and government practitioners in the field of Jahor and employ­ ment Jaw? Do you want to support labor and improve the condition of workers in West­ ern NewYork?The Labor and Employment Law Association (LELA) welcome to our group all Jaw students, faculty, ad­ ministration and others at the university with an interest in the field of labor and employ­ ment Jaw. Since its founding in 1992 LELA has provided stu­ dents with contacts in the la­ bor community for purposes of job recruitment and devel­ opment. The group centralizes information about careers in labor and employment Jaw-­ information often not readily available to students-- and fa­ cilitates the securing of intern­ ships and permanent positions in the field. Students with an interest in alternative dispute resolution, union organizing and position with federal and state labor boards, for ex­ ample, benefit from LELA's resources. This semester LELA will host a conference, fundraisers, and meetings with labor practitioners from local Jaw firms, government agencies and union organizing departments. LELA's primary activities include: -- conducting ground breaking, interdisciplinary· conference, "Fighting Sweat­ shops, Fighting for Ourselves" for the Spring Semester. -- Co-sponsorship of an internship scholarship with a labor organization. -- Participation and at­ tendance at local labor-related events. -- Hosting of lectures and debates concerning current and proposed legislation deal­ ing with labor and employment law (such as the National La­ hor Relations Act and New York State labor Jaw). Topics of importance to organized and unorganized workers are dis­ cussed, such a<; contingent low wage work issues. -- Lobbying to ensure a broad spectrum of course of­ ferings in the field of labor and employment law at the Law School. -- Screenings of docu­ mentaries and movies devoted to labor themes. Il'L-/.: \t:)('' Clothing . {),'>11 For more information about membership and activi­ ties, please contact Theresa Merrill(Box 123) or Joane Wong (Box 203). Translation Of Our Latin Motto: Don't blame us, our layout 8UY/photo8rapher 8ot sick last week ...8et well soon, Ken. Law school stu­ dents are being asked to help local efforts to do­ nate clothing to be shipped to Puerto Rico to help families devastated by the recent hurricane. Workers at the Comstock plant in the nearby town of Oakfield, several of who are natives of Puerto Rico, are col­ lecting clothing to send down the U.S. territory. The hurricane has left many-residents and fami­ lies there homeless, with­ out basic necessities. Law school stu­ dent Dave Allen is coor­ dinating a collection at the law school to supple­ ment Comstock's efforts. "My youngest daughter's godfather is from Puerto Rico. His family and a lot of his friends have lost a lot," Allen said. The clothing items will be mailed to Puerto Rico during the next couple of weeks. A collection site will be identified and publicized early this week. /tb(cf;D / (.O(J>JS6U.o (<_• Ttt,O.lf(. Yoo/ ..JVf«>R#- 11..You <Atv c,.o_ F~E'AI<. �6 September 28, 1998 off arms to the side we are sup­ porting. This was a blunder in Bosnia, and we must not pre­ vent people from defending themselves. Many people may not realize it, but we are talking about the birthplace of some huge conflicts. Gustav Princip, the man who shot Archduke Ferdinand and in a THE NARCHIST -(E)- by Russ Klein -(A)- WAR, WAR, EVERYWHERE sense precipitated World War ---------------------------------------------- A Forgotten War fight Serbia to a stalemate. Bosnia erupted into a blood­ When I went to Ot­ bath of a civil war with much tawa this spring break (yes, I outside assistance from Serbia/ Yugoslavia. A couple of years chose the coldest place on the eastern half of the continent to later, the rest of the world ac­ take my spring break at), I de­ tually noticed that this war wa'> going on, and decided to inter­ cided that among other things, I would take a tour of the Ca­ vene, and we ended up with the Dayton Peace Agreement nadian Parliament Building. which effectively brought the So I walked across the Portage Bridge from Hull, Quebec (to bulk of the war to an end. make a long story short, I While Slobadon Milosevic and Radovan Karadzic were walked everywhere because branded mass murderers and both Hull and Ottawa were awful cities to drive a car in, genocidal maniacs, in the end we negotiated the agreement so I decided to talk every­ with Milosevic, and we ac­ where, despite the frigid tem­ cepted that Karadzic for now peratures), and checked out would walk free. Ottawa. Where does Kosovo As soon as I arrived stand? Kosovo is a small re­ at the Parliament, I was greeted by approximately 500 gion of Serbia within Yugosla­ people holding signs and flags. via. Its ethnic makeup is ap­ proximately 90 percent Alba­ At first I could not understand what they were chanting, nor nian, though the Serbian popu­ lation of Kosovo, which makes did I recognize the unusual flags they were flying. As I up less than 10 percent of the got closer, I realized that they whole of Kosovo, completely control the army, police, and all were chanting "FREE FREE essential functions of the gov­ KOSOVO." ernment. Most people in this The situation in country probably do not know about places like Kosovo (I Kosovo began to come to a imagine that this is a guess I head during the extended Bosnia conflict. Much like the can make based on those polls rest of Yugoslavia, Kosovo that show that obscene per­ wanted its independence (only centages of Americans cannot locate America on a map, or Serbia and one very small prov­ ince called Montenegro re­ do not really know where their mained with Yugoslavia). state is located). For those Much like when the rest of who do not know what is go­ ing on, Yugoslavia split apart· Yugoslavia decided to dissolve several years ago, resulting in the union, Serbia was opposed. The problem with Kosovo is a series of wars. Slovenia, that they are not exactly a prov­ being the furthest from Serbia ince. They are a part of Serbia (which chose to remain and itself, and more like an autono­ dominate Yugoslavia), man­ mous region (similar to aged to escape much of any conflict. Croatia managed to. Chechnya's relationship with Russia). Although the Serbian population is statistically small in Kosovo, they have the sup­ port of the Serbian province behind them. Albania on the other hand is (A) not exactly a wealthy nation, and (B) cross­ ing the border would appear to be an outright invasion of Serbia -- one that (A) that they would not be likely to win, and (B) that would draw world condemnation. So for many years, the situation in Kosovo has been allowed to fester, with Albania apprehensive and not acting, the Serbs supporting their brethren in Kosovo, and the US and the rest of the world pretending that nothing was going on because, after all, there is not a heck of a lot of oil in the Balkans. The US and the world received a rude awakening re­ cently, as the Yugoslav army began an outright offensive into Kosovo, moving tanks and artillery into position, destroy­ ing villages, and forcing thou­ sands to flee into the hills. Suddenly, with the specter of homes being destroyed, the US had to react. The UN had to speak up. The UN gave one of its scary threats. 'Stop or face intervention." Now I will re­ mind you that the UN and the US did the same thing during the Bosnia conflict - these 'helpful folk' decided that the way to stop the Bosnian civil war was to cut off the flow of arms into the country. Only problem was that the Serbians had all the military equipment because they controlled the army, and the Bosnians had very little. As a result, the side we were trying to protect was utterly destroyed. What will the UN/ world do now? NATO has a<;kedits members to list what troops and equipment they would commit to an operation. Today, on NPR, it was reported that NATO was telling their members to prepare for air strikes. This is a tough spot to be in if you are a pacifist. But there is a saying that goes "just because you are a paci­ fist doesn't mean you have to be passive." Regardless of your views, unless you are of a suicidal pacifism bent, every­ one has the right to defend themselves. War is wrong, hut try telling that to a person liv­ ing under the yoke of tyranni­ cal repression. Try telling a person who is living with the threat of starvation, disease, torture and death that Gandhi's passive resistance is the way to go. I have not totally re­ solved this in my head yet, ex­ cept to say that the Serbians who are running the show in the former Yugoslavia, particu­ larly Milosevic, do not seem to have much of a problem with genocide (the most disgusting modern euphemism ever cre­ ated was the term "ethnic cleansing"). We are talking about people who already have a track record for murder and destruction. Is there anything the US government (and the UN) can do that I could support'? At the very least, the world com­ munity must not make the same gross mistake of cutting 1At:S£f'llsf£'R. :c~\JELL UNOE/lwiY ME.'1N W»IL£,1.U'R.NE-D f\.P4D i.f We.f'~ND ~WO 5-fA_LW/{~-rl>flTTLE- 'v.Jf. flf\.'/ ~ \. ~ iLs [N<:rtl~t1> ~~ 'trez-o~o~s 'DE.S'rE1\<\:f£ L'I' ~t:.£ \(-r N G'l)E.13~•€0'4(.R.. lE.'1/{L 1£.1<-M!"NOL°"Y ... .,f "l'i,SL~M4s.WH~rs <.\{roR£ 1)!t.£~7 • ' -:( 5 NT f-("J'.tL-:t1"'-rL£5N'\'-"- 1~(\ $(1. 'Jf, ON ~ -i'~f\'< fl-(fA.NC..Y"Pf\R,~E~! Vou M£tn -rHir<G-5.r--rLcD1\1 ~ C.(N f':!Lt\ You.N£f..:PTttrNG-Sr '1tED! C.fWFllX.~ ~E./{Ll 'r'!Olt,&oD, £ J""u.s'fH-i:REME! ~t<~'P e ~# :!Iii LOJt I was a Bosnian Serb. There have been a number of bloody Balkan wars this century. That is why the Balkans is often re­ ferred to as a powder keg. The very least that can be done though is to be aware of what is going on. Milosevic should not be able to act unchecked, and we should not assist him in doing so. Yet Another War Reports over the last few weeks indicate that Iran and Afghanistan are massing troops on each other's borders. The recent dispute arises out of the Taliban (the religious army of sorts that controls Af­ ghanistan now) ma<;sacre in a village that left many Iranian diplomats and one Iranian journalist dead. The real root of the problem is that the Ira­ ni an Clerics and Afghan Taliban are religiously op­ posed (Sunni versus Shia .. .I am not sure which is which, so I do not wish to embarrass .myself with mislabeling) to one another. The news, as usual, was slow to report this poten­ tial conflict brewing. Now that it has, many people have taken the attitude of "who cares of the radical oppressive Taliban ·and the terroristic radical op­ pressive Iranian Clerics beat up on each other?" Unfortu­ nately such a simplistic view ignores the stark reality that while the masses slaughter each other on the battle fields and in the cities, the heads of the Taliban and Iran will sit back and continue to live the good life while ordering death. Such goes life in the world though, I guess. aL'.s,or tou'R.SE;,fttE :r~ 1H£ Cot-t~oR."ffljLE. "iDNE..of KNow!"N~ 'WH'11s(;rQTl\iC:r 0~, 'iE. r S,:r\..\.. ]E. 'i"N&- OVE.~ ~ "/EJ{.R..f\wf{'t ti.Or-\'1t-(E.K€ ftL."'oRLD . �7 Volume 50, Issue 4 T 6~,.. ~e.,t / Led( HUE., t'\R.(.•A,U\RC.14:rSf{ / -:C\-\A\I~4-,0.~~-<::r:oN• ~N '1~ f o '(AK~ \X / AN AN({tlC",:~ ~loiLD, ,JOU..., (' i1' ~N'\AINf~iS W\H\-r \JoUlD "A{'\)£.1-'1'"0 ttAfOF"'v ~ e:,o-n,'! o "01. ~~ c..4~ '(oot-41S i:> ~Lrf ··· 0 1)(J,o~ )C~~D-r<olZ. 'it LR1":roNS? NO ¾ 1:--t-5 O l7y iov.5 -th '1. w , r h ff\Oder- f'I c,""pit~\iSr ove.,.,th rown, tl,e. ~ oJern 0 ..,.. 1"Qt \,_;"\\ ' . . ---------------'~ /1/ fJ;~i~-4~~ t / v,:~ / . sysrb'VI ,( "IJ>' - 'L(.L..T£F1 i~¼ ~ ~ / w ii ( /Yl•••-'lf of' or; enteJ i:i) 1/Yi If the. . . '.:;~.~ ~ 1 !.. I J i.51Lf~""-'1 oY rrc. reJ it cc._ d f' ,a~ /e.,vi; • • • f\NI) 1'~(H lil~f{T?(l MO»£RN'' 1/, % 1~u(r.S w:n.Lca"" KNoc..KfNC.­ Ot-l o\.J~ Do oR~ l>E.~U\W.PJ~~ fll'lOll&ftHDON (l-r::foN1o --PAY off Ol{~ 1,n.1.S~('f«l "' LOCAL- l'tlNf\1'-CttoMtti-r.,.. 'f001> 5 l\ oPff..'? ¼, 1 5o -- £.t-l? ;<Jl)e_:h,<l 5 y5-fe,,.,, f ('I\Uc...h roOM 0 c; w,/,,., }:{ !::,, Iii()\:+ 1 1111•■■111111td~!~~ fa~U■ilt~~t~r;.~ IL Dave Allen for SBA Representative Dave submitted a candidate statment, but it was unavailable for printing at the time the Opinion was put together. Larry Kelley for Student Bar Association Third Year Representative 1999 is clearly in my sights. But at the moment I wish to nominate myself as Third Year Representative. I like people and I am very proud to be a UB law student. My peer group is the brightest and the best. I will pledge to build cooperation between us and the New York legal community. We are the future guardians of the legal system in this fine State and other states in our Nation. The law is a feeling, a responsibility and the rock that our way of life must maintain with dignity and energy. I will take this Representatives' assignment with the same seriousness as my degree. From one future attorney to another, thank you for your support. Larry Kelley. - �8 September 28, 1998 * Volume 50, Issue 4 Choose or Lose! Stephen Coolbaugh: I'm Stephen Coolbaugh, and I would like to be your 1st Year Student Bar A~sociation Rep­ resentative. I've recently had the opportunity to introduce myself to many of you. But, let me lake this opportunity to talk a little about the position or 1st Year Student Bar A~sociation Representative. A~ a student who has never allended UB before, I'm learning each day about what studenL~ ap­ preciate, and about what can be done to help improve our law school environment. Learning, lL Jennifer Fields, Learning Will be a Top Priority therefore, will be a top priority for me as a 1st Year Representative -­ learning fellow studenL~'concerns, learning how to work with the Dean's office, and learning how to achieve resulL~for the law school community as a whole. Only by being fully receptive to your ideas and concerns can I best represent the interests of first year students in the Student Bar Association. Finally, as a student origi­ nally from Rochester, I recognize some of the difficulties that non­ traditional and commuting studenl~ Interested in Community The first year of law school can haftle even the brightest person. As lL's it is important to know people who will listen to your concerns and help you find effective solutions. I believe that my prior experience as;a represen­ tative and my past experi­ ences, including employment at another law school, make me a competent candidate for the position of student har rep­ resentative. I am an approach­ able person who genuinely cares ahout others and I have experience with law student concerns. As a representative I would like to initiate some community service projects for our class and their families. Some project idea<;are: com­ munity walk-runs, volunteer services such as Habitat for Humanity, and other projects decided hy lL's. If we are more active in the community, we not only give our cla<;sand our school a good name, hut Vincent Hardworking, Gregory: I want the opportu­ nity to he your cla<;srepresen­ tative because I am hardworking, dedicated, and above all, I care. My exten­ sive history at the University of Buffalo through various departments, hoth in an edu­ cation and student-oriented setting, will only contribute to the role of class representative. Furthermore, I am the type of individual that goes the extra face. What can the law school do lo make your life a bit easier? I intend to provide a specific voice for the concerns and ideas of UB's non-tradi­ tional and commuting law stu­ dents. If some or all of my thoughts resonate with you, then cast a vole next week for Stephen Coolbaugh. Once again, I'm Stephen Coolbaugh, and I would like to be your 1st Year Student Bar A~sociation Representative. we also meet possible fu­ ture clients and employers. Community service is also a way for us to get our fami­ lies or significant others involved with UB Law. If you want someone who will listen to you and help to make our class a memo­ rable one then please vote "Jennifer Fields" for stu­ dent har representative. Coliacovo My name is Emilio Colaiacovo and I want to he your First Year Representative. Experience in public service is nothing new for me. Though I graduated from a small lib­ eral arts college in Erie, Penn­ sylvania, we too had our prob­ lems. As a student govern­ ment executive board memher and advocate, 1worked hard to huild a consensus to sole the difficulties that faced the stu­ dent population. Though it was at times difficult, it was Wants· to Represent very rewarding to help those who needed their problems addressed. I hope that you will afford me the same opportu­ nity to huild a cohesive and strong student hody that will effectively articulate our con­ cerns, our problems, and our goals. Together, we can ac­ complish a lot. Whether you believe we need helter facility access, longer hook store hours or greater opportunities for commuters, I believe that we can all work on making UB Erin Pemberton member fondly. I served in student government in undergrad, I was a student senator for four years and was also senior class treasurer as well as a member and presi­ dent of many school organiza­ tions. I would like to hring that experience to this school. I would appreciate your giving me the opportunity to serve you. Thank you. Requests Your Vote Caring system which enables all of us to utilize each other, the University and Western NY to the fullest potential. It has heen stated that an attorney should pos­ sess three characteristics, honesty, integrity, and com­ munity. I possess all three and I ask you, may I please have your vote as your rep­ resentative. Vincent S. Gregory ----------------------------------•I Emilio Hi, my name is Mary R. Snyder and I am running for Stu­ dent Bar Association Represen­ tative. I am a lL, and am in sec­ tion B. I hope to be ahle to unite sections U and B so we can all get to know each other and can help each other through the problems we are all experienc­ ing as "first years." I feel that law school should he a time that we will look back on and re- Jennifer Fields Box 374 Dedicated, mile for my colleagues. My experiences within the City of Buffalo and Wester New York will further add to the role of class repre­ sentative in reaching beyond the law school and UB itself. Two goals I would like to pursue as representative are 1) looking into 24 access with ID swipe card to law li­ brary as in other schools. 2) Creating a class networking Service Vote Mary Snyder to Bring Down the Walls and Unite Sec­ tions U and B You, IL Law School a better place. Like many of you, I came to UB Law School with high hopes an grand aspi­ rations for not only my fu­ ture, hut for the future of my fellow students who would be one day practitio­ ners in the field of law. As we continue our journey to­ gether, 1 hope that you will place your trust in me to serve your interests and fight for what you believe is right. Hello fellow 1L<;, my name is Erin Pemberton and I am requesting your vote for class representative of the Student Bar A<;sociation. I want to voice your issues and emich the law school experience for all of us. Here are a few reasons to consider me as your represen­ tative: I have always heen in­ volved in my neighborhood, communityandworkplace.lam a registered nurse and have worked in clinical, managerial, administrative, and consulting positions. My work experience has given me the opportunity to care for people of all ages, so­ cioeconomic cla'ises, and diverse cultures. I have served on many committees hoth a<;chairperson and division representative. I volunteer in my community and previously sat on a community hoard to assist victims of crime. I hold a Master of Science in Nursing Administration degree from St. John Fisher College in Rochester, N.Y. and a Bachelor of Science in Nursing degree from Webster University of St. Louis, MO. My professional affiliations include: Sigma Theta Tau International Honor Society of Nursing, American Nursing A-;sociation, Associa­ tion of Operating Room Nurses, New York State Nurses A-;sociation, Genesee Valley Nurses Association, and law student memberships in the American Bar Association and New York State Bar Associa­ tion. I enjoy program de­ velopment and heing involved with those around me. Now I would like to focus on our law school community hy repre­ senting our cla-;s. Thank you for your consideration. I More on Page 7!!! I I 1 � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Opinion, 1998-09-28 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. The Opinion no. 4 28.09.1998 Date Issued Date of formal issuance (e.g., publication) of the resource. 9/28/1998 Bibliographic Citation A bibliographic reference for the resource. Recommended practice is to include sufficient bibliographic detail to identify the resource as unambiguously as possible. 50 4 Publisher An entity responsible for making the resource available University of Buffalo State University of New York at Buffalo Law School Language A language of the resource eng Type The nature or genre of the resource Newspapers Text Is Part Of A related resource in which the described resource is physically or logically included. LIB-LAW003 Rights Information about rights held in and over the resource <a href="https://rightsstatements.org/page/CNE/1.0/">COPYRIGHT NOT EVALUATED</a>. The copyright and related rights status of this Item has not been evaluated. Please refer to the organization that has made the Item available for more information. You are free to use this Item in any way that is permitted by the copyright and related rights legislation that applies to your use. This digital collection is made available for research and educational purposes. Researchers are responsible for determining copyright status, and securing permissions for use and publication of any material. Copyright for items in this collection may be held by the creators, their heirs, or assigns. Researchers are required to obtain written permission from copyright holders and the University Archives prior to reproducing or publishing materials, including images and quotations. For inquiries about reproduction requests and permissions, please contact the <a href="http://library.buffalo.edu/archives/">University Archives</a>. If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/2cb1e6b8e59a7d14f7dafcee6657f7e2.pdf 3124fbfc4d87a699d3fe4b957471ba74 PDF Text Text wings, buffalo, edujlaw I opinion UB Law School's "Preeminent" Student Publication The Only News You Need Cost: $.05, t.lO Canada (just kidding) "'Ho OPINION I YEARS I OF ', THE | OPINION # Vol. 50, Issue #3 ivx-vv:::::::::-:;:;:-;:--::::;:;:::::::;:;:;:-:;:;:;:::::::::://'::;: September 21, 1998 "Vi Veri Veniversum Vivus Vwi" New York Lawyers' Continued Education Mandated by by S.A. Cole, Editor-InChief Working in conjunction with the New York State Bar Association, New York's Chief Judges have implemented a mandatory continuing eduction requirement for all attorneys practicing in New York state. The new rules have been passed in an effort to enhance competence and professionalism in New York's over 150,000 practicing lawyers. Passed last week, the new rules add New York to the 37 other states who require some type of continuing eduction for those admitted to the bar. The policy change was not unexpectedlast year, New York passed regulations requiring new attorneys to attend 32 hours of continuing eduction in their first two years of practice. Now, once an attorney is past the two-year mark, they will berequired to log an State Judges additional 24 hours every two groups will begin offering a years. The hours are divided variety of classes. Many have exinto: four hours ofethics work, pressed skepticism at the nofour hours ofresearch and writing, and 16 hours of general tion of lawyers certifying workrelated to the professional themselves. Here at ÜB, one 3L commented, "It's a little aspects of contemporary pracsuspect—having lawyers certice. Lawyers will certify tify themselves." themselves when they have Another soon-to-becompleted their hours. Courses graduate complained, "We can be taken by video, over the spend three years in school— internet, or inregular classroom we've learned enough, or we settings; law schools, firms, bar should have. This is just a associations, and private way to charge lawyers even more money for practicing." Other students were more optimistic. "It will keep lawyers fresh in the everchanging world of legalese. This is a fast-moving profession. In order to remain on top of things, you have to make an effort to keep up." In recognition of most lawyer's hectic schedules, the requirments are designed for flexibility. The new rules go into effect at the end of this year. Scenes From The First Year Alumni Mixer Photos courtesy of the UB Law Alumni Association School of Law "The Alumni Association holds this party every year to welcome the entering class into the UB Law family," said Assistant Dean Ilene Fleischmann in her opening remarks" "We invite the law students to take advantage of networking opportunities with the alumni during their three years in the Law School. The contacts that you make will help you throughout your legal career." Inside This Attention 3L s!!!! f THE SENIOR CLASS PICTURE IS WEDNESDAY, SEPTEMBER 23, ATBAIRD POINT. 11:00 a.m. If you don't know how to find Baird Point, just make a beeline for the Greek Columns next to the pond You know, the big wet thing with all the fish in it. Issue ... Seeking Sense In A Quagmire 4 I Got A Phone Cal I Last 4 Night. Hypsterocles, the Pythagorian Hipster....s The Robot. 7 Plus more of that good stuff..... �2 September 21, 1998 Vote "Cole" for Miss New York Teen All American! There are many fringe benefits to being the Editor-in-Chief of the Opinion. The limo service between here and South Campus. The caviar that keeps me going during early morning-hour layout sessions. The legions of carefully oiled undergrads, aching to honor my every journalistic whim.... And you should see the Dental plan. Anyway, last week, after myself and the editorial board got back from an allexpenses-paid trip to Tahiti to research the literary aspects of Tahitian Common Law (look for the article next week!), I got one of those postal gems that make life such a treat here at your humble law school newspaper. That's right, folks—not only do I get to research stories in exotic places at the expense of your tuition, but I have an even MORE FABULOUS task here at the Opinion. I get to open the mail. Week after week, I get to be the first person to rip open virginal envelopes laden with treasures for republication. Ads from Planned Parenthood. Politicians asking for free endorsements. Notes from freaks all over the coun- try, convinced that while we might generally charge for ad space, we specifically like them enough to give it to them gratis. And so it was without surprise, although with much delight, that I found myself opening, last week, a circular from the MISS TEEN ALL AMERICAN PAGEANT. The MISS TEEN ALL AMERICAN PAGEANT really wants to advertise in the Opinion (for free). Last week's message from them marked the third time I found myself dealing with their particular brand of anti-feminism; they like to send us a little something in the mail about once a fortnight, always accompanied by a 3x5 glossy of this year's Miss New York Teen All American. In fact, it is due to their persistence that, completely without effort, I know who the "Miss New York Teen All American" even is. I deeply resent this. A lot of my political ideology is based on not knowing that sort of thing. But now, it's gotten to the point where I can't tell what month it is unless I find the smiling face of Andrea Kahn in the mail. You don't know who Andrea Kahn is? Well~l bet you don't vote, either! What kind of citizen doesn't recog- nize the name of the gallant young teen who lets the rest of the country know what adolescent New York looks like in a swimsuit? Anyway, since / now know the name of Andrea Kahn, thanks to endless hours of work in the pit crew of the Opinion, I have decided that you, too, should be vested with this invaluable knowledge. Also, I have decided that— should any of you want to enter the MISS TEEN ALL AMERICAN PAGEANT-I am not going to be lax in my duty to inform you how to do WE GOT LETTERS! Dear Editor ofthe Opinion,.. U.B. Law School-The Place Where I waste My Time Last night, I was invited to attend another "mandatory meeting" as a requirement of a law school class. As I am in the twilight of my law school career, I have been required to attend numerous mandatory meetings. In hindsight, I realize that none of Editor in Chief Graphics and Layout Editor Business Manager Managing Editor I these meetings depended upon my presence, and little of my success resulted from my having attended these meetings. Last night's meeting was typical of all the rest. It was required that all students registered for Trial Technique report to the Moot Court room at 7:00 p.m.. I left my family and drove 45 minutes each way so that I could listen to Professor Anne Adams explain why S.A. Cole Ken Grant Dan Baich Cindy Huang over Russ Klein Vacant Leonard Heyman Russ Klein Ken Grant officer?" "Routine check, ma'am. Can I see your drivers license, please? You un- Andrea Kahn MU WW YORK TON AU AHWICAT 19» der 19?" "Uh...yes officer." "Uh-huhh....you got an evening gown?" "Uh...yeah. Why?" "Just one more thing, li'l lady. If you could create world peace, what would you do with all the military's free After all, I got the information in the mail. It would be negligent of me not to pass it along, right? "What?!" And so on. Civil liberties aficionados should note, also, the age and gender bias it is important not to be late for the December 12 Trial Technique competition. Since my section had already met on the previous evening, I was already fully aware of the course policies. Ms. Adams bantered on that it is her recommendation that anyone who fails to show upmore than 15 minutes late to the competition receive a failing grade for the course. This is the equivalent of saying that I should fail all the exams that I can not be bothered to show up for. Any law student who is too stupid to figure this out on his or her own should be drummed out of the school. Any professor who believes that law students are too stupid to figure this out would spend their time better being involved with theadmissions committee than wasting my time at ridiculous mandatory meetings. Law school has a reputation ofbeing demanding and rigorous. It has been challenging for me, especially since I have a family and a full time job. It is only the first week, and I am already three weeks behind in my reading. I do not have,a spare evening to waste driving to UB to lis- Staff: News Reporter News Reporter Columnist Op/Ed Editor News Editor Web Editor Web Editor Photographer First of all, you should know that New York is in a state of emergency trying to find would-be contestants for this year's competition! "Pageant Officials [important thing to notice: use ofthe word "official" actually does make things sound official. The next time I run a red light, you can bet I '11 be looking in the rear view mirror for "Pageant Officials. "J are searching the State for young women to participate in the 1999 MISS NEW YORK TEEN ALL AMERICAN PAGEANT..." Wow. "Searching the State." They make it sound like State Troopers are going to be helping out in the hunt. "Why didyoupull me Columnist/Chauffer.. Columnist Columnist Columnist Columnist time?" Dave Allen Peter DeWind Howard Beyer Gabe DiMaio Randy Janis Katie McDowell Peter Nicely Adam Perri The Opinion, SUNY al Buffalo Amherst campus, 7 John Lord O'Brian Hall, Buffalo, New York 14260, (716) 645-2147, is published weekly throughout the Fall and Spring Semesters. The Opinion is the student newspaper of the State University of New York School of Law. Copyright 1998by the Opinion, SBA. Any reproduction of materials herein is strictly prohibited without the express consent of the Editor-in-Chief and piece writer. Submission deadlines for all articles are every Wednesday preceding publication (if it's on disk, you can push it to layout time on Thursday...no later that 6:00 PM, please). Submissions should be saved in IBMWordperfect 5.1; please enclose printed copy for safety's sake. Write your box number on your disk if you want it returned. The Opinion is printed al the Buffalo Newspress. While the Opinion will not print libelous or anonymous material, all submissions shall be printed entirely and exactly (so proofread your materials), provided they are signed submissions from a member of the UB Law community (students, faculty, staff, alumni). The Opinion in no way endorses the viewpoints of its various columnists and contributors. Considering that the Opinion isn't actually a sentient being, it also doesn't think there's anything wrong with any viewpoint expressed in this publication. VI Veri Veniversum Vivus Vict. "We have a First Amendment and we know how to use it." inherent in the MISS NEW YORK TEEN ALL AMERICAN PAGEANT (see? Any topic can be related to law, no matter how absurd your opening paragraphs are.). I have a feeling there may be some Disability Act problems here, too. How do you win a swimsuit competition if you don't have any legs? Or for that matter (for you establishment clause folks out there) if your religion precludes you from wearing a swimsuit? When was the last time you saw an Amish Miss Teen All American? All kidding aside, it seems like this contest should be called MISS TEEN SOME AMERICAN. Or, perhaps, MISS TEEN WHO CONFORMS TORULING CLASS STANDARDS AMERICAN. And mind you, I'm not discounting, MISS TEEN LET'S CREATE SOME EATING DISORDERS AMERICAN. Yes, yes—it's a free country. Droves of lemminglike teenagers are perfectly entitled to represent New York State in the areas of sterilized oratory, free advertising for the evening gown industry, and providing an ideal of the female form. It probably even builds some self-esteem (at least, for the winners). Like Continued on page 3 ten to someone who treats law students like the freshmen at a high school assembly. My advice to lLs is to ask upper class members which meetings are beneficial, and which are a waste of time. Paul K. Barr, 3L I HAVE A FEW QUESTIONS ABOUT THIS LEWINSKY THING Is it about sex or is it about lying in a deposition and to The Grand Jury about sexual harassment? Is Kenneth Starr prying into the private sex life of an individual or was he investigating a matter involving the Chief Executive's sexual misconduct with a subordinate? If these sexual escapades happened in a corporate enviornment and the stockholders found out, what would happen to the CEO? Shouldn't the most powerful man in the world have better judgement? Shouldn't the President of the United States be held to a higher standard? Is it alright lie only in civil cases? If JFK, FDR,and Eisenhower all had affairs, does that make it right? Don't Americans, both Democrats and Republicans, deserve better? A.A. Noel, 1L (EB �Volume 39, Issue 3 Peter's News Briefs by Peter DeWind Bar Battle Dr. Marilyn Bartlett has taken, and failed, the New York State bar exam five times. She informed the New York State Board of Law Examiners (the Board), who administer the exam, that she suffers from a disability which impairs her ability to read. Dr. Bartlett requested that the Board recognize her disability and provide her with the special accommodations she would need to have a fair chance of passing. These included measures such as presenting the questions orally and providing extra time to answer. TheBoard denied Dr. Bartlett had a disability. She had, after all, graduated from Vermont Law School and possessed a doctorate from New 3 York University in educational Starr Bright? administration. Dr. Bartlett This is, obviously, the explained away her apparent big story of the week. At this lack of disability as the result point, anyone who is not alof self-management. She ready well versed on this topic claimed to have simply learned is probably not going to find to work around her problem. enlightenment here. I leave it Her fifth attempt was in 1993, for you to define misdemeanor as you like the same year she filed a lawI just wish a suit against the Board under cigar was still a cigar. the Americans With Disabilities Act. Dr. Bartlett was alWarning Coffee is hot When was the last lowed to take the bar exam with accommodation but time you heard this? The law would only be able claim her is, like, dumb, there was that score if she was victorious in person who got, like, millions for spilling coffee in her lap the lawsuit. This past weekthe 2d One of the unfortuCircuit of the U. S. Court of nate side effects of choosing a Appeals affirmed that the legal career is having to defend Board had decided Dr. Bartlett huge verdicts which run s case in an arbitrary manner. counter to popular notions of The Board was found to have common sense. The case of no expertise in determining Holowaty v. McDonald s whether a candidate is disCorp., 1998 WL 407131 abled, only whether she is (D.Minn.), might come in qualified to practice law. Dr. handy the next time your holiBartlett wasawarded the exam day dinner is interrupted by a fees from each time she was relative s indirect and bitter revelation that they too might denied special accommodations. be willing to loose some skin ... ... . for million dollars. It seems that Mrs. Holowaty, and her husband, purchased two piping hot cups of McDonald s coffee. Both the lids and the cups were emblazoned with warnings that the contents were, indeed, very hot. As they returned to their car, Mr. Holowaty removed the drinking tabs to allow the coffee to cool. He handed the coffees, nestled in a McDonald s cardboard take out caddy, to his wife before driving off. The Holowatys soon began descending a steep hill. In short order the cups, which rested upon Mrs. Holowaty s lap, tilted forward while the coffee didn t. When the liquid cooled, Mrs. Holowaty was left with second degree lap burns. The Holowatys claimed that the coffee was defective because, while they knew it would hot, they did not know it would be that hot. They claimed they should have been warned coffee was hot enough to cause second degree burns. Labor & Employment Law Association General Interest Meeting Tuesday, September 22, 3 p.m. Room 406 O'Brien Continued from page 2 tors, armed only with a bullhorn and a large room. girls' gymnastics, boys' wresContestants who marshall tling, and unisex rock climbing, the detriments are always their powers ofcharm, persuasion, and fast talk to create the proportionate to the benefitsat least in the minds of the parquickest resolution would rank ticipants. The beauty pageant the highest. Bonus points debate, which was briefly a would be given out for workpublic issue in the wake ofthe ing health insurance benefits Jonßenet Ramsey affair, could into any agreement that simul(and, sadly, probably will) be taneously cut sick day allotments. Contestants would be waged forever. However, it's hard to disqualified if their particular ignore thefact that beauty pagnegotiation resulted in anyjust...well...dumb. thing surpassing a three-day eants are Especially when one stops to stalemate (and minus one consider what they supposedly point for every scab later found wearing concrete promote, versus the stereotypes they perpetuate. shoes). "Judging is based on "Evening Gown" Personal Interview, Evening should be replaced with this Gown and Swimsuit Competype of scenario: You have a tition." Now. What are those pair of jeans, a blazer, a tank three things, really? In my top, a blouse, three different book, they sound like 1) pairs ofshoes, two skirts, three Chutzpah, 2) Fashion Sense, sweaters, and an endless arand 3) Sex Appeal. And yet, ray of options regarding how how do they judge these to fix your hair. You have to things? They ask these poor meet with your boss and then girls some vapid questions, immediately proceed to your make them parade around like first casual date with the man a doll, and then stuff them into of your dreams. It's raining, spandex and a pair of high but it could stop at any moment. You have fifteen minheels. a What dumb test of utes. Create the perfect outa girl's mettle! If you're gonna fit. test them, test them. Stick it After all, anyone can to 'em. How? hire a fashion consultant to Instead of a "Perhelp you get ready for the sonal Interview," pageant enpageant...whereas only a real trants should be forced to neartist could survive a chalgotiate a settlement between lenge like the precipitatingthe National Auto Workers boss-to-boyfriend Outfit GenAssociation and General Moeration Test. And finally, we have swimsuit/sex appeal. To be a true competition, this type of event needs to involve a lot more than merely sauntering around in your skivvies. After all, almost anyone (with the right mixture of diet, exercise, and glue to keep their suit from giving them a wedgie) can look good in a swimsuit. But, you can rest assured, the highly skilled harem girls of Constantinople had a lot more going for them than a thoroughly waxed bikini line. Hence, in order to gauge true sex appeal, all contestants should be required to perform an erotic dance (and if you think this is any more perverted than teenagers gliding around in tiny pieces of nylon, you need to re-think your world view). As everyone knows (but few admit) what may look good may not always...uh..."perform" well. But a sexy dance is a good indication of a lady committed to her eroticism. If the MISS NEW YORK TEEN ALL AMERICAN "Pageant Officials" would only admit this, our world would be a better place. This is what goes through my head as I sift through the mail here at the Opinion. The bottom line: we need to be getting a better class ofmail. Send your submission today; thanks, and enjoy this week's edition ofthe Opinion. S.A. Cole Editor-in-Chief Opinion Editor-in-Chief S.A. Cole inspects the illustrious Opinion mailbox. The testimony of Mr. Ted Lingle, a coffee brewing expert, helped to indicate that the coffee wasn t really that hot. He testified that, not surprisingly, coffee must be hot in order for the brewing process to operate. [Its science! With apologies to Jim Rose]. Mr. Lingle, the coffee brewing expert, reported that coffee is optimally brewed at between 195 and 205 degrees. The process of brewing typically causes the liquid to cool by 10 degrees or so. The serving temperature, for optimal flavor, was reported to be between 175 and 190 degrees. Home brewers keep coffee at degrees. around 180 McDonald s coffee is reported to be served between 175 and 185 degrees. Dr. Diller, testifying about burn tolerance, reported the human lap will reportedly burn in one second at 158 degrees. The court found the coffee was not shown to be unusually hot. Further, therisk of burn which a cup of coffee provides is sufficiently open and obvious as to not require a special warning that coffee can burn your lap. McDonald s motion for summary judgment was granted. Virtually Educated Struther's Sally plump visage pleads from within my ancient Readers Digest Have you ever thought of pursuing a legal career? Sure, we all have Unfortunately, the legal field is no longer spared this sort of indignity. The progressive folks at Kaplan Educational Centers have created the Concord University School of Law which isthe Internet s first virtual law school. Concord University is the first law school which allow students to earn their JD entirely from home. Kaplan claims Concord has been created to serve students who, for whatever reason, cannot attend a physical university or regular classes. Such potential students include those who must care for children or other family and those stuck in rural locales. Students use their Internet connection to view lectures and materials 24 hours a day. They may even set up chat rooms with other students for some virtual discussion. The curriculum is said to follow that ofmore traditional law schools (i.e. those with buildings and people). Concord has applied to the Committee of Bar Examiners to admit graduates to the California Bar. Reciprocity rules may allow graduates to then allow graduates to practice in other jurisdictions as well. For those netizens sick offighting for the one lecture hall outlet information may be found at .... www.concord.kaplan.edu. �September 21, 1998 4 SEEKING It a glorious auwas SENSE have succeeded brilliantly in tumn day in 1994 when the opening up a "Pandora's President walked into an office Box." There's plenty ofblame celebrating the birthday ofone to pass around with this sorof George Stephanopolous' indid mess. The President did terns. We exchanged greetnot act like a Rhodes Scholar ings, bantered, and watched in carrying out an illicit tryst some MTV. That was also the with Ms. Lewinsky while a pit day that the most powerful bull of an Independent Counperson on the planet thorsel has been after his tail for oughly checked out and adfour years. On the other side miredan attractive female colofthe coin, the Starr probe has league of mine who was also not produced anything conan intern for Mr. structive for America either. It Stephanopolous. At that point took four years and $40 milin time, Monica Lewinsky was lion dollars to find out that the not even a blip on the radar President carried on an affair screen of national consciouswith a woman just a few years ness. In recalling that incident, older than his daughter and it does not shock me at all that then naturally tried to keep the President Clinton would risk relationship secret? Where is his Presidency for a dalliance all of the information on with a lowly intern. Whitewater; Fosterg*; In the aftermath of Filegate; andTravelgate in the having the lurid and embarStarr report? Anyone who arrassing details of President gues that the probe is not Clinton's sex life exposed to about sex deserves to be the light of day; "These are the charged with first degree times that try men's souls" as bullshit. This is the work Patrick Henry so eloquently product of a man who just last wrote. What is happening in year was on the verge of acthis country right before our cepting a deanship at eyes is the product of desper- Pepperdine University Law ate political opponents who School in Malibu, California. I Got A Phone Call Last Night! I am going to be an uncle! I am jazzed after getting offthe phone with my sister. I am no novice at this uncle thing.The aforementioned sister already has two in the brood.But those two little girls, aged almost five and almost three years, make me happy. I like being their uncle but confess I may not be a very good one. I get manic after two concentrated hours with them. How does my sister do it? The girls are very needy and require a ton of attention. "Look at me jump!" shouts the eldest, Kaylee. "Me too!" chirps McKenzie, as she tries to jump as high. "Push me higher on the swing!" "Me too!" "Come into the tree house!" Kaylee demands. "Me too!" "Hey Kaylee, why don't you go up there with your sister and you can wave to me." I offer as an alternative. There is no way my big carcass is going to fit in the tree house. If you put me in a wetsuit and slather me with Crisco (A nice visual to be sure), it still wouldn't happen. Kaylee is adamant. I slowly climb the short ladder while furtively looking for a way out.(Sniff) There is none. I squeeze my big ass to the corner to make room, as if it really matters. I feel like Alec Guinness in "The Bridge on the Rive Kwai." Was I ever small enough to fit in such a small space? I look to see if there is a weight limit sign anywhere in the cube. No. Do I hearthe sound of wood splintering? No? This is a good thing. The little ones climb up. Surprisingly, we three fit. "Okay, so what do we do now?" I wonder silently. "Shhhhhhhh, the monster is coming..." "Shhhh..." "Hey sis,the monster is coming, " I call,"are you sure you don't need my help in the kitchen? "SHHHHHHHHHH!" "Sorry." During the next thirty minutes of being silent, we were able to keep the monster and his brother at baygood thing. "Okay, wash up for dinner!" My sister sounds the freedom call. The girls scamperout of the tree house. Minutes later, I lumber down the ladder and we enjoy a great meal together. Before leaving, we play some more. My girls treat me to a dessert of pie and chocolate milk. Strange though, the refreshments are made with the same ingredients of mud and water. I get hugs and kisses before I leave. When I get out oflaw school, I rationalize, they will still be young enough to enjoy— Kaylee, McKenzie and my newest niece or nephew. by A.A. Noel A QUAGMIRE INunder oath about their lives.. ting old and tiring. I'm thank- In the interest of enlightenment, Pepperdine is financed and run by Richard Mellon Scaiffe, an extremely affluent and staunch enemy of the President. If it wasn't for the terminal stupidity of the President and Ms. Lewinsky with an assist from Linda Tripp, Ken Starr and his staff would have continued to grasp at straws. The President was right on the mark in his criticisms of the Office of Independent Counsel in his August 17th address; but he chose the wrong time and forum to vent his rage. The next unsettling issue is the sheer hypocrisy of this saga. The United States Congress is not exactly a sanctimonious and dignified place. Many Representatives also possess "Scarlet Letters" in their closets. Dan Burton, Henry Hyde, and Helen Chenoweth have all been forced to admit to past sexual indiscretions. Mr. Burton not only had an affair, but he also fathered a child out of it too. After all, he is not too much different from Warren Harding. Now the man who chairs the committee that will decide the President's survival in office is not exactly qualified to cast any stones himself. Mr. Hyde was forced to admit to what he termed were "youthful indiscretions' for an affair that he carried out from 1965-1969when he was 41 years old. It's not like Chairman Hyde was a teenager or in his "Roaring 20's" when he was involved with Cherie Snodgrass. Otherthan learning that a prominent Congressman and Committee Chairman had a mistress with a facetious name, what further evidence do you need to reveal the hypocrisy Of having our not so esteemed Congress pass judgment on President Clinton? Some admirers of Presidents Reagan and Bush assert that those presidents possessed strong moral authority. Most of us have forgotten about Iran-Contra and the BCCI scandal. Furthermore, Reagan and Bush were never interrogated sex President Bush was rumored to have had a mistress while stationed abroad in Switzerland and Reagan' s affairs predated his Presidency. Then again, Reagan left office with the same Alzheimer's that he came in with too. There is no need to delve into the welldocumented "extracurricular activiOval prominent ties" of Officeoccupants. President Kennedy did a fine job handling the Cuban Missile Crisis in the same year that he was involved with Marilyn Monroe and Judith Exner. The point isthat President Clinton is not the first, nor will he be the last occupant ofthe Oval Office to have sexual relations with someone other than their spouse. This leads to the next question: Is having an adulterous affair and lying about it sufficient grounds to kick a president out of office? Even President Clinton's staunchest supporters feel like they have inhaled during these trying times. Some of the President's answers to the graphic questions posed to him are comical. The semantic quibblingand hairsplitting over the meaning of "sexual relations" is get- ful that I don't have any kids of my own to ask me questions about the sordid details that is turning the mainstream media into a Jerry Springer show. Now that it is apparent that the President perjured himself in the Paula Jones deposition back in January and lied to the American public in the Roosevelt Room when he denied that he had "never had sexual relations with that woman," the question now boils down to what form of punishment fits the crime? A formal censure or denunciation by the Congress would not exceed the bounds of propriety. Perhaps, a fine like the one levied against Speaker of the House Newt Gingrich may also be appropriate. Proceeding with the process of impeachment and then a trial in the Senate will only exacerbate an already bad situation. Continued on page 7 JOIN A WINNING TEAM PIEPER BAR REVIEW PIEPER PEOPLE PASS!! YOU CAN TOO! 1-800-635-6569 �Volume 39, Issue 3 5 Hypsterocles, the Pythagorean Hipster — A long, long time ago in Greece way back, several millenia ago, back in the BC's — there lived a man named Hypsterocles. Now, Hypterocles belonged to a very secretive and powerful group, known as the Pythagoreans, who just so happened to be followers of the famous mathematician, Pythagoras. That's right, the same one who supposedly discovered the Pythagorean Theorem. As we all know today, the Pythagorean Theorem says that in any right triangle, the sum ofthe squares of the two sides is equal to the hypotenuse squared. That's what we all know today, in ourmodern high-tech back But age. in Hypsterocles' time the lay the nonpeople, Pythagoreans, had no conception of fractional numbers as we do today. Back then the only numbers that most people knew about were integers, whole positive numbers, sincethe only way they knew how to count was either with their fingers or by pushing pebbles around on the ground. The Pythagoreans of course knew better than that they were, after all, mathematicians. They knew about irrational numbers like fractions and it was this exclusive knowledge of fractional math, which gave them their political power. But of even more practical use, and even more secretive, was the Pythagoreans' knowledge of the mighty Pythagorean Theorem. Whenever any layman needed help with a land survey or some sort ofarchitectural problem that layman would need to consult with a Pythagorean. Pythagoreans were sought after far and wide for their great mysterious wisdom. They did the planning ofall sorts of great public works the most famous of which was the now ancient pyramids. Over hundreds of years certain of the Pythagoreans secrets began to become public knowledge. Eventually there came a time when non-Pythagoeans came to know that the Theorem existed but they could not deduce how it worked. In order to protect their power, whenever the Pythagoreans used the theorem publicly, they used it in right triangles that were other than 3-4-5 triangles. This was because they knew that only in such 3-4-5 triangles and proportional multiples thereof would the formula yield a hypotenuse with a whole number (you can figure this — out for yourself on scrap paper, 6-8-10, etc.). Since the general public (spies) had no comprehension of fractional numbers they could never come to terms with the incomensurability of the hypotenuse to the sides in whole numbers when the theorem was applied to right triangles other than 3-4-s's. Thus laymen could never figure out how the theorem worked. By this means, the Pythagoreans had continued to maintain their stature for quite some time. Just about this time Hypsterocles arrived on the scene, at a time when the Pythagoreans still maintained control of the secretive Theorem. Being arelatively intelligent young man, he was snatched up by the Pythagoreans, initiated into the group, and afforded all the priveleges and benefits pertaining thereto. He was sworn to secrecy and made aware of all the mathematical theorems and secretive knowledge that would open the world to him so that he could go forth into the world to prosper and multiply. As his name might imply, Hypsterocles, was something of a hipster. He was socially conscious, aware of and concerned with current events. He also played the lute and the lyre and his lyrics were melodious and pleasing to the ear. Hypsterocles understood that the Pythagoreans were basically a fractious group and that the larger community was, on the whole, more integral to his being than were the boys back at the club. He did not think it was fair to allow his fellow Greeks to grovel in ignorance of the Theorem and languish in poverty. He was a man of integrity who felt obliged to help others in his community to understand the world more clearly. So one day at the market he spilled the beans about the in public ! incomensurability ofthe hypotenuse and about fractions and about many other of the Pythagorean secrets. Quite naturally, some in the crowd, some especially Pythagoreans who there incognito, smeltthat something was definitely rotten in Greece that day. The malodorous stench was not only from the leguminous flatulants eminating from the hipster's posterior region directly between his glutei maximi and wafting through the market. The smell of change was also in the airand all the Greeks celibrated their new knowledge with glee. It was truly an amazing day that went down in the annals of the Greek marketing. - - Needless to say, Hypsterocles won many awards as a man of integrity who had integrated Greece and made it a better place for all men (forget about women and slaves, Greek democracy did not consider them to be "citizens" - yet). He was invited to all the banquets and feasts where he gave speachs about the beauty of integers and fractions and about wholes and parts. He sang songs about how the Theorem would benefit all men and about how the Greeks could now unite in peace, love and harmony without the need for fractious secrets. He was all the rage — a heroe in every sense - and he loved it, the Greeks loved it, the whole world loved it. All except the Pythagorians who were now resigned to an emasculated existence of powerlessly playing withirrational numbers (though they still retained the secret of negatives). Several weeks after the now famous public integration day, Hypsterocles had just finished waxing eloquent to a throng of followers about the beauty of integrity, which he defined as the Ox. Eng. Die. still does Labor & Employment Law Asso- ciation "Fighting Sweatshops, Fighting for Ourselves" Conference Join the Organizing Team for this conference Tuesday, September 22 @ 3 pm 406 O'Brian Questions? Call Joane @ 834-7553 or email her at joanewong@hotmail .com SUBMIT to the OPINION! All submissions due Thursday by 5:00 pm in the Opinion office (in the basement). tofhis day: [ad. L. integritas wholeness, entireness, completeness, integrity, chastity, purity, whole, integer] - The condition of having no part or element taken away or wanting; undivided or unbroken state; material wholeness, completeness, entirety -something undivided; an integral whole. The crowd loved it. After the speech while everyone was partying heavily, and really gettin' down, three of Hypsterocles' old buddies came to him and invited him to join them on a short fishing expedition on the Mediteranean. Hypsterocles, who was also an avid fisherman, felt that his old friends had finally come to realize the error of their former ways so he happily he agreed to go along and perhaps catch an eel or two for dinner. The four seemingly revelrous fishermen went down to the dock, boarded a boat and cast off into the Mediteranean Sea. Later that day the boat was seen returning to the dock with only three men aboard. A crowd gathered on the dock and when the boat heaved to and was moored, it became know that a terrible accident had oc- The Robot Continued from page 7 itmay express thevoiceof its creators, it ultimately expresses a voice that is unique and greater than the sum ofits parts. Just as the collective voice of the Opinion amounts to something greater than, and seperate from, the individual voices who choose to express themselves by means of our newspaper, the Opinion. On a more mundane level, we may consider the following. Someone studying the law could very well come to the conclusion that the law has (at least and mast obviously) two seperate aspects. First, there is the black letter law (like the hard-wiring of the robot) somewhat rigid and inflexible, and somewhat always falling short of truely conveying the meaning and entirety of the law, just as the hard-wiring side of the robot fails to completely encompass the whole nature of the robot, who like the law, has a side thatis constantly in flux and does not lend itself to easy generalizations. The robot is a piece ofartificial intelligence. Trueartificial intelligence (ifit ever arrives as a reality) will have a mind of its own, and be capable of creating new meaning and be endlessly varied in the variety of its perceptions of and arguments about theworld around it, of which it is but one part. The law is a vast and intellectually challenging area precisely because it constantly transcends whatever black letter confines that it has been temporarily put into by the various peoples and institutions who, at the time, have been put in power to give the law a definiteformand shape. The law is something deeper than rules. It is a sense of how to make things go smoothly, how to prevent conflict, and how to organize thebillions oflife's myriad contingencies into an humanly approachable (and thus - curred. Apparently, while attempting to anchor the boat in a really hot (good) fishing area, Hypsterocles had become entangled in the anchor line which then detached itselffrom the boat. Rescue attempts were allegedly futile claimed the survivors and the great integrator, now a helpless victim, had been lost to the clutches of Poseidon. The people mourned their loss, the Pythagoreans secretly reveled in their vengence, the pundits theorized that the Gods had somehow been angered, but life went on. The funny or odd thing about this story is that now, more than two thousand years later, messengers who bring us the truth are stillhaving anchor problems. It is ironic that in a country as powerful and prosperous as ours so many people go underfed, underclothed, undereducated, and underrepresented, undermedicated. What should or what can we do about perceived or actual inequities in our system or better yet, why should we even bother to perceive injustices as they flash past the perifory of our money hungry visions? ... Peter Nicely, 1L linearly defined) system that, arguably, has a more or less useful effect on human life when applied to its activitiesand manefeslations. Further, the system of legal thought, once put into verbalized confines, is an artificial system. The law, put into a system of linear logic and constructs, creates "legal fictions" or artificial means of attributing meaning and sense to certain aspects of our existence. The robot's thought, in a sense, can be considered artificial as well, as it is (at least initially) a product of a man-made technology, that naturally would not occur. On an even more mundane level, the etymology of the word "robot" has its origins in the Czech word "robot" which means work. As law students, we are (I) constantly working, and (many of us anyway) (2) constantly looking to secure that future "work" or job which will be our start in venturing off into our respective legal careers. Just as work is a key conceptual element of the robot, so is it a key element of the law student's life. Perhaps thewhole point of the unnamed is its enigma. Yet beneath the enigma, we can see a few conceptual layers that meet and intersect with our own identities as law students and the identity of the larger institutionthat we are a part of, and in turn, further, with the body of knowledge and endeavorwhich ourinstitution, this law school, strives to give us an education in, and of which we are striving to gain mastery. Or, maybe it's just a robot? frrf by K. Grant t �September 21, 1998 6 not explain the wall of smoke I have to cross through in the THE ANARCHIST (E)- by Russ Klein -(A)- BIG BAD TOBACCO When politicians are not obsessing with sex, lies, and videotaped testimony, one oftheir pastimes oflate is how to deal with the "problem" of smoking. The politicians have no problem with criticizing it, criticizing smokers (I am not a smoker), and threatening to tax it to death(if it were really that bad, you would think that they would outlaw it, but I digress). Part ofthis campaign involves mass-media advertisements. ANNOUNCER: This sounds like a job for Haiku Man and his side- kick, Jingle Boy!: [flash to scene with a little boy about to puff on a cigarette] HAIKU MAN: Tumors in the sky The pale green brown- Pecked phlegm Yummy cigarette Go get 'em, Jingle 80y... JINGLE BOY You better not light up, you better not smoke, 'cos if you do we'll arrest your folks... erage looking americans paid be in commercials] to PERSON I:All ourgovernment does is tax and tax some more! PERSON 2: / thought that the government was supposed to protect the little guy! PERSON y.Alllhey will do is spend the money on something wacky like health care... ANNOUNCER: Brought to you by the wholesomefolks atyour favorite tobacco company. So where does that leave us? Over the last few years, the government (which has simultaneously reaped huge tax benefits from cigarette sales, subsidized tobacco farmers, and have tried to demonize the entire industry) has embarked on an ambitious plan whose soul purpose was to change American minds on the dangers of tobacco use. After all, we are talking about a product that is a stick, that emits a cloud of grayish smoke the smoke that kind of resembles, say, smoke from a smokestack, or exhaust smoke. What exactly is it that hope we to accomplish though? If the threat of a painful death is not enough to get people to quit smoking, then what makes us so sure that we can tax it out of existence? And if we tax cigarettes, as some people would do, to pay the medical bills of smoke related problems, isn't it a little peculiar that we would use the - HAIKU MAN: leave those cancer sticks you better get your head straight They willkill you dead JINGLE BOY: Another successful campaign by the Rapping Duo! ANNOUNCER: Brought to you by the anti-tobacco lobby of America. These advertisements are followed up by equally as obnoxious ads by the tobacco industry [cut to scenes of ay- same tax that is supposed to discourage people from smoking? Many of you will no doubtrecall the character "Joe Camel," and the unceremonious death his cartoonish character met thanks to political pressure. Many people viewed it as advertising to children, and perhaps covertly (or even overtly)it was. But thefact of the matter is that we had a prime example of government attack on freedom of speech and not many people had much of a problem with it. In the end, through it turns out that through threats of legislation, the impending tobacco bill, huge litigation, and public/ media pressure, Camel cigarettes pulled the character voluntarily. A victim of intimidation? You be the judge. Those who do not smoke say that they would rather be in a smoke free environment. After all, besides all the by-products and claims of second hand smoke, cigarette smoke, they say, is just plain disgusting. Smokers reply by stating that in general, they have the right to smoke ~ after all, it is still legal, and they feel that they are being unfairly singled out. In my arguments for drug legalization, I contended that so long as drugusers were hurting only themselves (ie, what if I sat alone in a locked room and shot myself up with cocaine?), then there should be - no problems with legalization (after all, if I steal money while on coke, I am still a thief, and if I drive under the influence, I am under the same types of laws as those prohibiting drunk driving). So along similar lines, if people would like to smoke by themselves, then why should I care? The problem with smoking is that there is a chance...a very strong chance...that "second hand smoke" is a serious problem. At the very least, anecdotally speaking, being in concentrations of smoke CAN (but not always) trigger a migraine headache for me. I also have one friend who had breathing difficulty when encountering overly smokey areas. Other connections are claimed by scientistsand doctors, but I am not certain that all have been adequately proven to be an absolute consequence of second hand smoke. So what do you do then? Here we have this legal product, which has restrictions onage, advertising, and venue, and we need to come up with a compromise, because no matter what the government says, they do not want smoking to end, since the government has too much money at stake(via taxes and economy). It seems common sense to respect the rights of non smokers...and most smokers I know respect the rights ofnonsmokers (of course this does middle of the double doors at the Student Union...). We do need to end these notions of "sin taxes" through. There are lots of unhealthy foods, but you don't see a special 50 cent per pack tax on twinkies to cut down on overweight kids munching on junk food. There is no fast food tax to discourage people from eating such food of dubious health value as the "big mac" and the "Nathans Hot Dog." There is no tax on soda as of yet to encourage Opinion staffers to drink more water and juicelate on Thursday nights during layout. But mention cigarettes, and every politician has a plan to raise a pack from $3.00 per pack all the way up to suggestions that we raise the price to $5.00 and more per pack. Where do I stand? I don't like cigarette smoke, but so long as people are tolerant of me when I would NOT like people to smoke around me, I am all for a respectful tolerance. We don't need law to control the industry and the habit, and we certainly don't need the government to step in because some parents either don't want the responsibility of having to keep their kids away from cigarettes. note: The ideafor Haiku Man and Jingle Boy isinspired from This Modern World, a regular comic strip by Tom Tomorrow. In particular, the cartoon for the inspiration was called "The Annoying Duo Anagram Man and Song In Your Head Boy" and appeared this summer in the magazine we're living in...Funny Times. - I Translation of our latin motto: "It's Latin, I can't read it." XltiesHfrurf 1 EVOLUTIFN BANKRUPTCY I �7 Volume 39, Issue 3 Seeking Sense in a Quagmire not possess; being seemingly from Continued page 4 unsinkable. A line from the friends) and he seems to have a quality that the Titanic did Anyone who has ever worked for the President knows that the word quit is not in his dictionary. The President and his allies will continue to fight savagely with fiery determination. The Clinton White House works best when there's a big crisis looming and the enemy is clear. Now that the Starr Report is out, Clinton's team is focused and organized under the direction of Greg Craig, a friend of Hillary Rodham Clinton dating back to their days at Yale and Harvard the early 19705. Regardless of what one thinks of the nature of Bill and Hillary Clinton's marriage, the undisputed fact is that they are remarkably resilient political team that has survived numerous past catastrophes. What happens next is anyone's guess. Beyond a doubt, even if Clinton survives he will be significantly damaged. The President once dreamed that his place in history would be up in the upper tiers of great presidents like Lincoln, Teddy Roosevelt, and FDR. The reality is that he is tarnished, there is still a chance to save the Presidency. Bill Clinton is like a cat with nine lives (and wives and girl- book Primary Colors by Joe Klein is worth pondering; "Saints have a past; and sin- ners have a future." by Jason Davern The Robot Concerning the Unnamed Robot The tao that can be told is not the eternal Tao. The name that can be named is not the eternal name. The unnameable is the eternally real. Naming is the origin ofall particular things. Free from desire, you realize the mystery. Caught in desire, you see only the manifestatioas. Yet mystery and manifestations arise from the same source. This source is called darkness. Darkness within darkness. The gateway to all understanding. — Lao Tsu, Tao Te Ching So begins Lao Tsu's Tao Te Ching one of the single greatest attempts to distill the meaning of the universe into the poor and rigid confines ofhuman language. And, fittingly, so begins this short exploration into the meaning of our macsot the un- - - I I*>ILL CLXNTOhf ffisr I IPr ■ 3K TH£ CLTCHE2 / "' ~ I—; XT S f 3Eco*T*<y - r a LL — - - - - - ... Continued on page 5 cohfuontch^l 'PftEXEC£SSOJI<S. . . I \ Tv\e t>Es-rWou_ cAN - jcrtrieu-p with 'Pturoa of fine U.WA Mope foitis tfN I ''OLD «rcK^Y <^HK^M^Vo^w^r ¥o^fVVT£RNfl a2 *® ™*! ' Moo tez iHn % Ipp r- «It> // Nor«£z> tfo* JllcHftßV NtXon'A f&eoXOrC W*Tf,dtTWi was) at least partially, something of what was involved in the initial impetus of selecting the robot as mascot. Why was the Macsot never named? Probably because the very act of naming the robot would symbolically transform the robot into something temporal, and therefore, not something existing in a completely neutral space free of semantically and otherwise identifying reference points and other non-essential associations that would tendtowards limiting, rather than expanding, the range and variation of its "voice" symbolic, again, of that of theOpinion. What does the robot have to do with a law school or law students? Well, again, this (not unlike many of the most essential and fundamental underpinnings of the law itself) is not a matter whose logic or sense is immediately apparent, obvious, or easily grasped by the uninitiated.Again, the connection between the robot and a law school is a conceptual one. The law itself, and its study, contain within themselves a certain set of dichotomies whose parameters are, roughly, reflected, to some extent at least, in the concept of the robot, in this case a robot, who, for reasons obliquely hinted at the in the verses of Lao Tsu quoted above, is nameless."The name that can be named is not the eternal name. The unnameableis the eternally real" The robot's name that can be told, then, is not the eternal robot. Or something like that. More specifically, the robot is a piece of artificial intelligence. Ithas a voice, and although a -mesiiiENrifiL cizchL xs Of HX2 xrtA&ES X oos£ YEI /7T article shall attempt to provide what its most humble author hopes will be something not entirely dissimilar to a satisfactory explanation. The robot is first and foremost conceptual. It is a concept whose symbolic tangents go off in an endless array of directions creating a vast web of associations some immediately apparent, some slightly less apparent, and some entirely esoteric and beyond the scope of this brief piece of prose. The robot's origin was largely coincidental (at least in time) to the emergence of the Opinion's web site. The Opinion's central function, arguably, is to express itself (and its readership). The Opinion projects that expression in thevoice itconveys through the traditional paper of its newspaper self and through the hypertext of its web site. The Opinion then can be said to represent a voice; the web site a technological means of conveying thatvoice. So far, voice and technology. A robot is a product of technology. An intelligent technology that can speak, just like the technological innovation of hypertext (and other new electronic means of communication) can speak to people and let them hear the voices of others all over the world. So it was with the robot. An intelligent piece of technological innovation a machine in the form of a human that can convey a voice can speak and, as a sucsessful piece ofartificial intelligence (not bound by the limits of of its own hard-wiring or the limits of theparticular imaginations of those who created it) can create meaning. Essentially, thatis (or ■- /rANSor TE n fl Wr£rx>2> y named robot. It has recently come to theattention of the Opinionstaff that certain members of our vast readership are not at all certainwhy the Opinion should have, in the process of finding a suitable mascot for itself, ultimately decided to settle upon the unnamedrobot that you and I both have come to know and love. The task of deciding mascot, a and choosing upon something at all even remotely specific in nature (or at least its perceived nature) was a difficult endeavor for the Opinion considering the breadth and depth of both experience and meaning that are embodied in the Opinion itself. As you may well be imagining to yourself at this point, the Opinion did not make the decision to adopt a robot as mascot at random or without considerable deliberation and arduous debate. Endless nights of fervent debate were spent in this, theOpinion's subterranean bunkerlike hovel of an office. We, the Opinion staff, ruminated and mused on this subject at great length and at, I should mention, no small measure of sacrifice of our own personal time and, arguably, mental well-being. To say that these "Mascot debates" were an obsession would be a gross understatement. The origins and significance of our robotic mascot are not an easy matter to disclose, at least in an easily digestible form to those uninitiated the Opinion and its ways... But, for those ofyou who are willing to have an open mind and are willing to make the great mental effort to grasp the sublime symbolism and mystery of the robot, this somewhat overwrought mV 1 |J it's Hfo IT ' Vouß wtf£ ■ .^7^^^I 1 I v<*l F• -? • You \W£ XovrfLD TUflGwfm S -? �volumavolumen These are the people in your neighborhood ... 8 The Locker Elite: Partick Roth, Paul Gennari, Deb Hagen Adam Perri: The Man, the Myth ...the people that you meet each day... Professor Wooten: discussing the Automatic Stay. The Western New York Chapter of the Women's Bar Association of the State of New York :&s2§fciA^ CORDIALLY INVITES YOU TO JOIN US AT OUR Annual Installation of Officers and Directors and Awards Ceremony, honoring: v/ Ginger D. Schroder, Esq. Hon. Sam Hoyt Lillian E.G. Cowan, Esq. � Installation of Officers and Directors to be performed by the Hon. William M. Skretny � Date: Thursday, September 24, 1998 � *T ¥ $ \ - - Cocfetail Reception (cask tar): 5:30 - 6:15 p.m.; Dinner (Pasta, Stirfry and Carving Stations, eack serving a variety of selections): 6:15 7:15 p.m.; Dessert and Program: 7:15 8:00 p.m.; Rick Renaissance Niagara, One West Ferry Street (corner of Niagara and West Ferry, kekind tke Broderick Park Inn), Buffalo, New York; Members: $30.00; NonMemkere: $35.00; A limited number of free tickets are availakle to lawstudents - Please contact U.B. Law Career Services Office, if you kave cruestions akout tke Dinner, please call Joy C. Trotter, Esq., Installation Dinner Ckair, at 856-4600, ext. 343. Student memberships in tke WNY Ckapter of tke Women's Bar Association are availakle! Applications may te oktained at CSO. Brief Profiles of our Honorees and President: New York State Assemblvmember Sam Hovt has represented the neighborhoods of Buffalo's Lower West Side, Black Rock-Riverside, and portions of North Buffalo, Parkside, and City's University District as well as the town of Grand Island, since 1992. Veryactive with respect to issues relating to the envirorrment urbanrevitalization, quality of life, women, children and the elderly, Sam has been a model legislator, pursuing the causes of those whose voices might otherwise go unheard. We are proud to honor Sam with our President's Award, which will be presented by the 1997 recipient, the Hon.Barbra A. Kavanaugh. Tillirm F. Geiaer Cowan. Esa. is a 1927Alumna of the University of Buffalo Law School, is in her 71 st year of the practice of law, and has no immediate plans to retire. Lillian's experience includes involvement with the social programs launched duringthe Great Depression as well as decades of private practice. She is active in a variety of women's organizations and we are glad to count on her support and inspiration; we delight in recognizing Lillian with our Achievement Award (presented by Jeanne M. Vinal, Esq.). Ginger P. Schroder, Esq. is an attorney with the Buffalo office of the national law firm of Buchanan Ingersoll, P.C., where she practices in the Labor and Employment Law Group. She is a frequent lecturer and speaker on a variety of topics, ranging from Employment Law to Marketing. Ginger has served the Western New York Chapter of the Women's Bar Association of the State of New York on both the Chapter level and on the State Board of Directors. We are honored to have Ginger assume the position of Chapter President. � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Opinion, 1998-09-21 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. The Opinion no. 3 21.09.1998 Date Issued Date of formal issuance (e.g., publication) of the resource. 9/21/1998 Bibliographic Citation A bibliographic reference for the resource. Recommended practice is to include sufficient bibliographic detail to identify the resource as unambiguously as possible. 50 3 Publisher An entity responsible for making the resource available University of Buffalo State University of New York at Buffalo Law School Language A language of the resource eng Type The nature or genre of the resource Newspapers Text Is Part Of A related resource in which the described resource is physically or logically included. LIB-LAW003 Rights Information about rights held in and over the resource <a href="https://rightsstatements.org/page/CNE/1.0/">COPYRIGHT NOT EVALUATED</a>. The copyright and related rights status of this Item has not been evaluated. Please refer to the organization that has made the Item available for more information. You are free to use this Item in any way that is permitted by the copyright and related rights legislation that applies to your use. This digital collection is made available for research and educational purposes. Researchers are responsible for determining copyright status, and securing permissions for use and publication of any material. Copyright for items in this collection may be held by the creators, their heirs, or assigns. Researchers are required to obtain written permission from copyright holders and the University Archives prior to reproducing or publishing materials, including images and quotations. For inquiries about reproduction requests and permissions, please contact the <a href="http://library.buffalo.edu/archives/">University Archives</a>. If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/7423143ad44c5fc01433d52bbe7303e6.pdf 53abd5ad60cee6129005f970bb11b84a PDF Text Text UB Law School's "Preeminent" Student Publication wings.buffalo.edu/'law/opinion The Only News You Need 5 0 Ye ar s Of OPINION The Opinion at ÜBLAW SCHOOL Vol. 39, No. 2 "Vi veri veniversum vivus vici." 09.15.98 DEANS SPEAK OUT ON CHANGES AT LAW SCHOOL by Russ Klein Following the departure of Dean Shields this summer, the Law School On Tuesday September 1, The Opinion conducted an interview with newly appointed Dean Olsen and Vice Deans Dianne Avery embarked on an ambitious lowing is the first part ofseveral stories from this conversation. gram which had been started several years ago, and is finally coming into its own. restructuring plan designed to improve the law school both administratively to better serve current law stuandPeter Pitegoffabout the dents, and structurally, to state of the law school, both improve the facilities of the present and future. In this law school building itself. The cornerstone of first part, the Deans discuss some of the programs and the restructuring involves structural changes. The fol- the "new curriculum," a pro- Vice Dean Pitegoff said that almost every concentration program." Avery said the "much of the new curricuthere is a link with practice mentoring program involves lum is built around concenclinical course opportuni- groups of approximately 7 trations . . . which gives stuties, simulation courses, or students being assigned to a dents an opportunity to spepractitioners who co-teach faculty member. That faccialize in a particular area. with some of the faculty." ulty member will meet with It gives them a much better Vice Dean Avery the students as a group inforsense of what lawyering is pointed out that this will be mally over the semester and all about." Dean Olsen the first full year of advisattempt to address their conadded that there were curing under the new curricu- cerns, and provide links to rently eleven concentrations lum. "Until last year we other faculty members for available for students. have not had any kind of students who wish to learn Pitegoff also added that "it mechanism for first year stumore about a specific field dents to have regular access that the mentor does not spegives students an opportunity to engage in, sophisti- to faculty members. We cialize in. "[l]ts partly to cated problem solving and to have attempted to address give them a close association write publishable work. In this through the mentoring Continued on page 3 — HISTORICAL CORNER TRAGEDY BEFALLS LAW SCHOOL This week's historical corner is taken from Volume 24, issue 8 of the Opinion, which came out on February 15,1984. The 83-84 term of the Opinion begins the most glorious span of the paper's history; what we jokingly refer to as the "Golden Age of the Opinion" spans the years 1983-88, when a series of impressive editors manned the paper's helm. Interestingly enough, this is also a time when the Federalist Society was very active in our hallowed halls. Whether UB Law is as "liberal" as it as reputed to be, there is no doubt that the presence of a Federalist Society here created the interesting debate and lively controversy that newspaper editors feel mark every great institution (mostly because it assures us of having plenty of copy). election ofReagan, a review of the movie Liquid Sky (a timeless work of art), and a ringing endorsement ofprowrestling from the law stu- dent perspective. Truly, we stand of giants. shoulders on by Russ Klein Matthew Sullivan, a first year law student at the University at Buffalo, was murdered outside his apartment Sunday, September 6th at approximately 3 AM near the his apartment on Richmond FEDERALIST CHAPTER TO BE FORMED AT UB "We are pleased to announce the formation of the SUNY/Buffalo chapter of The Federalist Society, an association of conservative law students. Federalist Society chapers are now found at over 65 law schools throughout the country, where they provide safe haven for libertarians, traditional conservatives, and other right-minded individuals, sponsor meetings with visiting academics of a conservative hue, and serve as springboards for engaging the entrenched Left." The following issue excerpts a letter announcing [Editors note: apparthe arrival of the Federalists, brings a message from ently, being "conservative" the editors of the paper does not mean being thrifty (which we may have to run with the size of your sentences.] in full next semester), quotes Continued on page 7 a letter supporting the re- Avenue. There are no suspects or motive reported in the case, although reports indicate that he was stabbed in the heart and lungs. Sullivan was born in Buffalo, but lived in Fort Erie Ontario and possessed dual citizenship. Before attending the University at Buffalo School of Law, he previously attended Bishops Inside. University in Lennoxville Quebec, where he graduated two years ago with a degree in English. His mother, Alma Sullivan, described the school as a very small school in a very small town, and said that her son wanted to attend a small school where he would be comfortable and enjoy a small town setting. His interests in- cluded Celtic/Irish music, poetry, and literature, and at his graduation from Bishops University was awarded the prestigious Creative Writing Award for a play he wrote called Snide Burns. The play was based on a setting in a barber shop in Fort Erie that he had attended throughout his life, and conversations and lines he had heard while sitting in the shop. "He had a wonderful sense of humor," Mrs. Sullivan said of her son. Among his other interests, Matthew was also an avid skier. Mrs. Sullivan said that her son chose the schools he was interested in based on their proximity to skiing. He participated in the Empire State Games twice, was on the University ski team, and was certified to coach skiers. Mrs. Sullivan said that her son was very excited to be entering law school, Continued on page 3 .. The Anarchist. 4 On UB 6 I Have a Question About Hockey Preview. 8 Cartoons Personals Opportunity..s Katie's Corner. Historical Fun 7 4&5 Stuff. Plus More of the Vast Right Wing Conspiracy.... 1 6 7 �Vol. 39, N0.2 wings, buffalo, edu/law/opinion 09.15.98 Editorial: And Miniver Cheevy thought HE had problems! message you were supposed recruitment effort involving to glean from this poem. I Purdu boneless chicken), I distinctly recall fellow fresh- plunged into a epic regaling fortunate soul named Miniver Cheevy ("born too late"). man, disdainful of Miniver the reader about a new genFor those of you who do not and his supposed problems, eration of Miniver Cheevys, remember, here's a refresher: getting a better grade than saved from the bottle by Miniver Cheevy was a man me that year. They all finding a heroic application thought Miniver was a pafor what might otherwise be of the modern age, convinced that his chivalric soul thetic whiner doomed to inlives hopelessly mired in regardless ebriation of his modern irrelevancy. was lost in time. Certain he'd missed his vocation as era. Written by Douglas out on a But miss you a knight errant or dragonJehl, the "Dominion Over when bow down to you lot like besat around Fowl" article related the tale slayer, he suspect) the I accepted (and, of British bird-watchers, dosotted bump on a log, reflectto way pointerpret correct he'd ing time on a kibbutz in Iswhat a cool guy ing in bet no one else Mrs. I etry. rael, looking for birds. All have been, if only he'd been day. Every day. For three born a contemporary of King Huzoriwitz's freshman Enclass would be able to glish Arthur. months. And the reason? I read the poem about apply "Miniver Cheevy" to Well, aside from getting Miniver Cheevy in Ninth the article I saw in last some top-rate ornithological grade. I have not read it week's New York Times. pleasure, these British On September 8, in a "birders" have saved the Issince. Nonetheless, it has stuck with me, because I section called the Kfar raeli Air Force an estimated thought Miniver was right- Ruppin Journal, the Times $360 million in damaged on. The modern age sucks. printed an article entitled planes, and have saved Heroics? Poetry? Bah! The "Air Force Seeking Domincountless lives. This is beion Over Fowl the Air." of closest you get to fighting a cause, with a tactical genius dragon in Buffalo is cutting Once I got past the headline only rivaled by American air (which I thought was going troops in Italy, the Israeli Air off a Blue Bird Bus. Compassion for Mini- to be a report regarding our Force has been conducting ver, I suspect, was not the Air Force and some bizarre maneuvers in the most popuMany of you may remember a poem about an un- lar bird-migration territory in the world. And crashing into large birds. With stunning regularity. For a decade. Apparently, the hightech equipment that allows you to enact efficient evasive action in the face of Mig or a Stealth bomber isn't quite up to anticipating the keen military intelligence of a kamikaze pelican (perhaps we military hero. Think how much money spent on therapy in this country could be saved if other leisure activities could be turned to this type of courageous (if bellicose) end! The possibilities are endless. How much more satis- fying would it be, for instance, if everyone who ran/ walked on indoorTreadmills should consider this phenomenon the next time we was actually connected to a have to slash the defense U.S. nuclear sub? For every budget). Because of this, mile you spent, going purplanes over Israel have been posefully nowhere on that lost with stunning regularity, stupid machine, you could actually help our Navy get to migrating birds. But now, birders armed somewhere. And the incentive to not skip a day! with walkie-talkies are warning flight commanders about "Captain, we seem to flocks of birds before danbe down." slowing gerous crashes can occur. And so we have a bunch of "Dammit, Scotty, banger and mash-fed brits playing hero near the West why?!?" Bank. They don't get to "It must be that law stushoot anyone, but they do get dent, Captain. She stayed up the honor of a harmless hobby turning them into a Continued on page 7 WE QOT LETTERS! Dear Editor of the Opinion... The Opinion invites and strongly encourages the students, faculty, and community to submit letters to the editor. An open dialogue and free debate are cornerstones to freedom of the press. Editor in Chief Graphics and Layout Editor Business Manager Managing Editor I Managing Editor II Op/Ed Editor News Editor S.A. Cole Ken Grant Dan Baich Cindy Huang Joe Huang Russ Klein Vacant Staff: Staff Therapist News Reporter Columnist Columnist Columnist Columnist Columnist Web Editor Photographer Vacant Kevin Hsi .Howard Beyer Randy Janis Katie McDowell A.A. Noel Adam Perri Russ Klein Ken Grant The Opinion is a client of Cass Communications The Opinion, SUNY at Buffalo Amherst campus, 7 John Lord O'Brian Hall, Buffalo, New York t4260; (716) 645-2147, is published weekly throughout the Fall and Spring Semesters. The Opinion is the student newspaper of the State University of New York School of Law. Copyright 1998 by the Opinion, SBA. Any reproduction of materials herein is strictly prohibited without the express consent of the Editor-in-Chief and piece writer. Submission deadlinesfor all articles are every Wednesday preceding publication (if it's on disk, you can push it to layout time on Thursday...no later that 6:00 PM, please). Submissions should be saved in IBM Wordperfect disk if you want it returned. 5.1; please enclose printed copy for safety's sake. Write your box number on your While the Opinion will not print libelous or anonymous material, all submissions shall be printed entirely and exactly (so proofread your materials), provided they are signed submissions from a member of the UB Law community (students, faculty, staff, alumni). The Opinion in no way endorses the viewpoints of its various columnists and contributors. Considering lhat the Opinion isn't actually a sentient being, it also doesn't think there's anything wrong with any viewpoint expressed in this publication. Vi Vcri Veniverswn Vivus Vwi. "We have a First Amendment and we know how to use it." 2 Translation of our latin motto: "Welcome to banjo-landy home of the 8 stringed banjo " �wings. buffalo, edu/law/opinion Vol. 39, No. 2 Continued from page 1 with the faculty member, but then the idea is that those students will go to those faculty members as a first line person if they have questions about things." The new curriculum will also insure that first year students have one substantive class that is of small size. The other changes that will be immediately visible to the students is the capital improvement project. Olsen said that the school received $1.8 million from the state to embark on this ambitious project. The reno- vation of the student lounge is already underway. "We have to wait for the furniture on to be delivered, and we have to wait for the security system to be put in so only law students will be able to use it." The lounge will feature a professional, comfortable environment for student interaction and relaxation. The new lounge is expected to be open by the middle of completion of the lounge, is the creation of a second floor lounge out of room 207. This room will feature vending machines, a microwave oven, plus booths and stools with a counter so people can sit around and talk informally. This project ius expected to be completed durOctober. ing the first semester. Another project, The biggest change which will likely follow the that will come though will Tragedy. . .from page 1 and that they were ecstatic that he was accepted. Sullivan had expressed an interest to his mother in possibly working in the field of international law and with people with immigration problems. Dean Nils Olsen said "The Law School is a community, and the senseless, violent death of one of our students is a loss to us all." "We were comforted have portable furniture that will enable it to be either a trial courtroom with a jury box or an appellate courtroom for a panel of appellate judges." The most exciting part of the plan, according to Olsen, is that the school already has strong expressions of interest from the appellate division, the United States Magistrate, and other courts to "conduct judicial business during school in the courtroom." Besides the moot courtroom, Olsen said that the classrooms on the second floor will also be reha- "We have to wait for thefurniture to be delivered, and we have to wait for the security system to be put in so only law students will be able to use it." — Nils Olsen the student lounge Dean bilitated. Finally, the last major piece of rehabilitation for the school involves the com- new be the construction of a new modular electronic moot courtroom out of the old moot courtroom in room 104. "This will be the last year that it will be scheduled for undergraduate classes We get control of it back again for next year, and by then we will hopefully be in a position to convert it into a state of the art modular electronic courtroom. It will puters. The computer lab replaced all the old computers with brand new Pentiums running Windows9s. Along with the new computers comes a new sign-in procedure to restrict the lab to certain graduate students and law students. The library is also in the process of adding new data ports so that students can have direct internet connections if they bring a laptop with an ethernet card. Next week we will continue with the discussion of what the new deans do with their new jobs, as well as other changes occurring in the law school. Makiirite-Happen .. . by the school's expression support after he had only been accepted one or two weeks earlier," Mrs. Sullivan said of Vice Dean Carrel, who had attended the wake and spoke personally with Mrs. Sullivan. Matthew Sullivan was very close with his family, and is survived by his parents Alma and John, his two brothers Andrew and Patrick, his sister Mary Kate, and his aunts June and 09.15.98 eartlings! i Please help the Opinioi staff name me. Submit all suggestions to the f office. I # Myrtle. http:.M^ ATTENTION ALL LAW STUDENTS!! The Student Bar Association vvill be holding an informational meeting Monday, September 14th, at 4pm in room 213 for anyone interested in 3ecoming a Class Representative. The elections will be leld on September 28 and 29. [f you have further questions, stop by the SBA office in the first floor lobby. MobileMinutes® is: rj M the easiest way to go cellular with no credit check, no contract and no bill as low as tk a month _ the only prepaid service with $15 calling cards *p P B i'Rl: |fcr.,n L.a ' 1 ' i MobileMinutes includes CELLULAR PHONE FREE $30 PREPAID FOR JUST ACTIVATION CALLING CARD $99.95 X.'"' JB I # 1-800-676-3543 CALL FOR FREE NEXT-DAY DELIVERY m.omans -"B&!/ UJWJJII*-I» 818 Aye. 686-4300 FRONTIER CELLULAR STORELOCATIONS: AMHERST: 1254Niagara Falls Blvd. 831-0054* CHEEKTOWAGA: 2410 Walden Open Sunday Walden Galleria Mall 651-9163* HAMBURG: McKinley Mall 822-4381* WILLIAMSVILLE: Eastern Hills Mall 635-9225* QUALITY MARKETS LOCATIONS: WILLIAMSVILLE: 499 Hopkins 8. Klein Rd. / 5274 Main 8c Union * 'Price assumes monthlyuse ofless than 14 local minutes. Phone model may vary. 3 �wings, buffalo, edu/law/opinion Vol. 39, N0.2 09.15.98 THE ANARCHIST -(E)- by Russ Klein -(A)- HUMANIMALS And the monkeys in the zoo they look so tame. In the name of science removed they their brains. To think that man evolved from this beast. Civilized savages down from the trees The animals who run these laboratories. --The Subhumans "Evolution" - On my way to dinner yesterday, I heard a small piece of news that disturbed me a great deal. Two women told me that a deer had run through a window of some sort, and that they were now going to shoot the deer. I immidiately took a detour on my path and ran to the parking lot behind Red Jacket, and before I could get there, I heard the sound of a single gun shot pierce through the air. Much to my dismay and disgust, I heard other "people" cheering on what had happened. I walked closer, and sure enough, I saw a bloodied deer carcass. I asked a "Public Safety" officer whether they shot the deer with a bullet or with a tranquilizer, but he absolutely refused to answer me. The deer certainly looked dead though. To be fair, several friends (that I consider to be friends to animal rights) that I encountered later informed me that the deer was severely injured before being shot, and that it seemed like a mercy kill- ing. It was not until I moved to western New York in 1993 that I learned that deer run-ins with humans were a serious problem. Afterall, in New York City, our biggest concern was with stray dogs and cats, and when I lived in Florida, we had a very small alligator that took up residence in the canal behind our house (they removed the 'gator eventually to put it in more "suitable" environs). Yet it makes comsense: We have enplete croached a great deal on the animal kingdom with artificial environments. Deer and good. Ducks are cute, chickens are dinner. Dolphins are smart and need to be protected, and we can talk about the food chain" we all really are. This is not to say that other animals have had the humans would not survive, but we'd certainly be on the entire world at one time to live and flourish, but now it over some tuna salad run a bit more, to say the they are being pushed into sandwhiches. Veal is wrong, least. Especially since we ever smaller areas to live in, but there isn't much with of have become so out of tune, and God help them if they a problem with a big thick it seems, with our natural encounter a human. I was juicy porterhouse steak. survival senses. This is not to say that once watching one of those Know what I mean? bizarre "When Animals AtHumans seem to we are not a part of the anitack" videos. The video have an undying need to mal kingdom anymore ~ far should be called "When Hurank and categorize things. from it. However, instead of mans Encroach." We deWho finished first in their living among nature, we stroy the native habitats for class? Who won that race? have created an entirely new human space, and then when Who invented such and and foreign environment. they come looking for food, such? What are the top ten Humans have fhe gall to crepeople get panicky and pro- law schools? When it comes ate a large city, and then set claim that we must shoot to the animal kingdom, huaside a small piece of land them to thin out their nummans seem to naturally put where there will be neatly to bers, HELP THEM. humans at the top of the list. mowed grass, a nice manImagine that. We need to kill Afterall, we have no real made lake, and some neatly deer to help them. Why, how natural predators (except, manacured trees and say noble! How caring! Give me tragically, other humans), "lets get back to nature!" In his bookFour Arguments for a gun, give me a six pack, and we have become so isoand off we go! lated that we have developed the Elimination of TeleviBut do people cona sense of superiority about sion, Jerry Mander discusses sider what it is weare doing? where we really stand. But how even when human beUnfortunately, I have come put a human out in the wild ings see nature or interact to the conclusion that a great now, without a gun, without with nature now, it is through deal of humans care about armor and protection — just artificial lenses and means. animals based on the cutea naked human and you'd We see a nature show on TV, ness factor. Fur bad, leather see just how "at the top of Continued on page 5 — POTLITE THS E PRESENTS LIFEINYOERWKCITY 4 by P\USJ KLEI\4 �Vol. 39, No. 2 Continued from page 4 interrupted by commercials. We hike in the woods wearing well made hiking boots and other artificial protection. In reality, we have really lost contact with the natural outside world. So it should come as little surprise that human beings have developed the ability to not only eat other animals (when it seems as though we are designed not to do so on any kind of large scale), but humans will also enslave wild animals, and keep them at their beck and call in zoos, circuses, and use homegrown animals for vivesection and some of the wings, buffalo, edu/law/opinion 09.15.98 I will not be pushy on the subject matter, but the fact of the matter is that we are pushed and sold on eating/ wearing animal products our entire lives. Its the same as when some of my gay and lesbian friends were told "we don't mind if you are gay, but there is no need to broadcast it." The fact of the matter is, sexuality is pushed and sold by straight people all around us — we just accept it because it is the norm. If a group of guys sits around a /V // <S> !^<^^JpC\ table and I say "I got with that girl last night" there would probably be lots of high fives, whereas if one of my gay friends at the table said "I hooked up most cruel and inhumane night" there things you can imagine. with...Steve last would probably not be the Afterall, we are the same same support (typically humans that enslaved blacks from in the so-called "land of the speaking...people vary course). to of person person, free." This is not the same The same thing is true with as certain types of pets we vegeterianism and animal keep. Dogs and cats and rights: We accept animal certain other kinds of pets products used all around, etc. are domesticated to the point because it is a societel norm. where releasing them would Meanwhile, if I go to dinner probably be cruel to the anisome of my family and mals. You do not take away with am a vegeterian" they say "I someone's ability to defend immidiately offer me fish or themselves and then throw chicken. That is how unthem out into the world. common the understanding Winston Churchill really goes. once said that the way we So long as we miskeep prisoners and the rights treat animals and keep them we afford them is symbollic in slavery, we will never truly of the society we live in. The be free. Maybe that deer besame is true of the way we hind the dorms had to be shot keep animals. We keep anito be put out of its "misery," mals in slavery and subject but make no mistake: He them to cruel tests, plus use was probably looking for them for food! What does food and shelter. Unless we that say for us? learn to co-exist in a manner I used to tell people that does not involve subjuwhen discussed I gation, we will always be less vegeterianism that I try not civilized than many of us to preach. I have decided think. that is the wrong way to go. w 0 WOTtell SuWfflflTC To's"^ your best friend how much you ap-J JWanna —■ ipreciate their friendship, or express affection for| loved one, or tell a professor/dean that you justl 'love law school? Maybe you just want to tell US' "how much you love The Opinion ~ the paper of" |weekly fun in your mailbox. NOW is your| Ichance! We are not unsympathetic to the needs! lof law students (afterall, this IS your newspaper! "too!). Uhh, anyway, we offer you, our student" |(and faculty) readers the chance to do so at thej Ibargain rate of [FREE!] per column inch (3 col-| iumn inch max, and we reserve the right to adjust! ■font size to fit space...we are not a charity!). No" |anonymous ads please. We'll print your "person-| |als" as a continuing section (well, if we get any).| !cool, huh? Just put the following info on a piece! paper and return to box 95 by 6PM, every! (Thursday: Your name, your class, a phone num-| ■ber where we can verify any shoddy hand writ-l !ing, and the message you'd like to leave. Its soj Jsimrjle, it could be on the LSAT! |a Jof 5 - j*6*********! ADDA ] �wings, buffalo, edu/law/opinion Vol. 39, N0.2 nmuc mrmmr *IRs* 'S&T- LAW JOURNAL *«#«* *a* Mt#«*f Who's eligible? lLs, 2Ls, and transfer students are eligible. Are you a transfer student, a 2L, or a lLwho would like to get some experience working on a law journal? If so, we encourage you to apply to become a Law Journal Clerk for theBuffalo Public Interest Law Journal. Whal does a Law Journal Clerk do? As a Law Journal Clerk, you will gain valuable experience working on a law journal by... • performing legal research work; • looking up source materials and references in the library, on legal online services, and on the internet; • performing office duties; and • providing technical support for various functions of the journal. A position as a Law Journal Clerk will also provide you with room to grow and a chance to enhance anc develop your legal research skills. Law Journal Clerks will have the opportunity of increasing their responsibilities and level of participation in the journal, and will be eligible to become Associates of the Buffalo Public Interest Law Journal. — Okay, you talked me into it —/ want to become aLaw Journal Clerk what do I have to do? To compete for a position as a Buffalo Public Interest Law Journal Clerk, please submit the following: (1) one letter of interest (2) one copy of your resume Submissions should be delivered in a sealed envelope to mailbox No. 65. On the outside of your envelope please write: (1) your name (2) what year you are (e.g., IL, 2L) (3) your mailbox number The deadline for submissions is September 20. 1998. If you have any questions about becoming a Law Journal Clerk at the Buffalo Public Interest Law Journal, call us at 645-2147. (Leave a message if no one answers.) In the meantime, where can I get more information about the Buffalo Public Interest Law Journal? More information about the journal can be found at our web site at <http://wings.buffalo.edu/law/bjpil> . 09.15.98 Katie's Corner THE ADVENTURES OF ISABEI ~ By Ogden Nash (submitted by Katie McDowell Once on a night as black as pitch Isabel met a wicked old witch. The witch's face was cross and wrinkled, The witch's gums with teeth were sprinkled. Ho, ho, Isabel! The old witch crowed, I'll turn you into an ugly toad! Isabel, Isabel, didn t worry; Isabel didn't scream or scurry. She showed no rage and she showed no rancor, But she turned the witch into milk and drank her. Isabel met a hideous giant, Isabel continued self-reliant. The giant was hairy, the giant was horrid, He had one eye in the middle of his forehead. Good morning, Isabel, the giant said, I'll grind your bones to make my bread. Isabel, Isabel, didn't worry; Isabel didn't scream or scurry. She nibbled the zwieback that she always fed off, And when it was gone, she cut the giant's head off. Isabel met a troublesome doctor, He punched and poked till he really shocked her. The doctor's talk was of coughs and chills, And the doctor's satchel bulged with pills. The doctor said unto Isabel, 'Swallow this, it will make you well. Isabel, Isabel, didn't worry; Isabel didn't scream or scurry. She took those pills from the pill-concoctor, And Isabel calmly cured the doctor. ANNOUNCEMENTS On UB (By Howard Beyer) It seems with all the resources available to an institution the size of UB there could be a better system of transportation for the students. It doesn't take long for one to figure out that UB is a huge school that was placed in a big field. What this means to many students those (save with cars...A.X.A. the lucky) is a reliance on the campus for all their needs (some which the campus can't fulfill) and no way of getting around. As good as UB may be at entertaining students (an assumption), there are times when staying on campus just won't do and the need emerges to "get out." One great thing about UB is things aren't and "extreme" distance away. Many businesses and facilities which students would find useful are close enough to get to with some sort of transportation. A school like UB can provide this at a very minimal cost to them, and to the greater benefit ofthe student body. Basically, what this school is lacking is some sort of shuttle which students can use to get around The 1998 Charles 5. Desmond Moot Court Competition most students. These busses wouldn't have to run all day (maybe 5-10pm SundayThursday and a little later on school nothing (it's already running the route). I can't see any reason why this option, at the very least, can't be so. City busses stop along the way without building up the weekends), and students would have access to most the street. of what they need (and can't traffic, and we can "card" Most schools I have get, at least, in many cases, people as they get on if there been to have this sort of at a good price, on campus). is a concern about "unauthothing. S.U.N.Y. Oneonta, for If a bus ran this route it could rized usage." It doesn't take example, has a "deal" with stop at Tops, the movie the- much to do a lot in this case. the city transportation sysUB is a school of ater, and even the Boulevard tem. Students can ride the Most of what immense size and resources. Mall). stucity busses for free and get dents need, again, could be For an institution of such around town. S.U.N.Y. satisfied by this one shuttle. magnitude it can do a little Fredonia has almost the Especially when the weather more for it's students. A same thing...a campus and starts to get colder a bus like shuttle would be a huge ascommunity shuttle (a Blue this will be much appreciset for this school. Even if a Bird bus much like those ated ride cost a minimal amount by many. seen here at this school) that In addition, the (say, $ .50), it would still beat runs to the campus and school has a bus that runs taking a taxi and would dearound the town (Walmart, from the North to the South fiantly be a better option then Tops, etc.). As is the case at Campus. Right there we walking through the snow. most places, there was a need have a resource that can be By doing this the school can to get off campus which was used. Along the route are a make campus life better for recognized by these schools few areas that may be of a lot of people. Why not? (to do some shopping or, at some use to students. All we the very least, to see a movie) would have to do is STOP ■Xll submissions and some action was taken. THE BUS!!! Currently the lue Thursday I'm not suggesting bus will only stop on the ) y 5:00 P M that UB operate an intricate North and the South cambus system to go all over the puses. Why not pick people in the Opinion Buffalo area. All UB has to up/drop them off at, at most, >f fie c (in the do is get one bus to go down a few more places along the Maple to satisfy the needs of way? This would cost the basement). town...basically, just down 6 Informational meeting open tc ALL interested 2Ls and 3Ls Tuesday, September 15, SPM in room 106. and Employ ment Law Association First generael interest meeting to be held. Tuesday September 1 5 at 3PM in room 406. 3p c n to all. �Vol. 39, No. 2 wings, buffalo, edu/law/opinion ment will be to drink under the table every foreign dignitary you come across. At a specially coordinated time, we could simultaneously inebriate every leader on the "Set the phasers in her planet, and take over their alarm clock to 'kill,' Scotty. countries in a coup de'etat of I want this energy problem kvass (or vino, or uzo, or whatever else it is you like resolved now." to reek of). Miniver Cheevy was Or perhaps you like to wile away the hours assem- upset because, as a common bling model planes. In this man in a common age, he age of detente, we all know had nothing grandiose to do. There's a certain school of we don't need a real military—just the semblance of thought that depicts diligence, duty, and attention to one. Movies of painstakdetail as the key to a noble ingly assembled models, realistically posed and cre- existence, but we all know atively filmed, could be sent that's a load of hooey. The to our enemies all over the average person is bored, or globe, thereby assuring us stressed, or bored of being that America will continue to stressed, with little sense of their own inherent power or be the Goliath of world politics. Meanwhile, we could significance (I realize that an spend the extra defense audience of future lawyers might not feel this problem money on special prosecukeenly as their fellow citias tors for corrupt Senators and Representatives, so they zens). But a simple twist can won't feel left out of the turn the mundane into the glorious. This is the kind of scrutinous fun. And finally, maybe opportunity we have to keep your hobby is being a barfly our eyes open for. Until you find your at your local tavern. In that case, I would suggest a own special way to shine in the military-industrial comslightly more pro-active approach. Once you've built plex, enjoy this week's edition of the Opinion. up sufficient tolerance to al- Continued from page 2 late studying Torts again, and somehow thinks that justifies her missing a day at the gym." cohol, our governmentcould send you to various embassies throughout the world, where, in your capacity as Continued from page 1 As more to poWE KNOW IT'S aformentioned, tentially be published ONLY FREEDOM OF THE later...] PRESS, BUT WE LIKE IT Editor #1: I've been SUPPORT thinking about the future of REAGAN'S ELECTION this paper.... by Ted Araujo Editor #2: And? "I didn't vote for R.R. Editor #1: Maybe no but after looking at 1980, in one cares if it publishes afthe cast of thousands runter this year. Maybe no one ning for the Democratic slot, reads it this year. Maybe no I'm going to vote for the believes this school one needs The Opinion. Editor #2: I can't believe that. Just about every day, someone comes up to me and asks when we're coming out. And when we do come out, everybody's reading it. Once in a while, I even get a compliment on something in it. No, I don't think our problem is lack of by A. A. Noel What do you say when you find out someone you hardly know dies? "I met him." "He seemed like a nice guy." "Too bad for his family..." The awkwardness showed on everyone's face when it was discussed. What do you say? We were only around each other a few days. Did anyone really know him? In the newspaper it said he liked literature and Irish music. He had a mom and a dad and siblings. He had friends. He came to law school with great expectations. He had plans similar to many of us. President in 1984. I'd like to run a short review and some suggestions for his next four years in office. (If you don't have anything positive to suggest, keep it to yourself; Ron's a sensitive kind of guy.)" "If I were fat and old and rich (prerequisites for getting R.R.s ear), I'd tell him to put David Stockman readership. in anew cabinet post: "OverEl: Readership is one of the Pentagon." If thing, but authorship is an- seer D.S. were allowed to run other. How the hell can this amuck in that aprawling paper be published out of beureaucracy, this nation thinair or, wqrse, our of good would save one-third of what intentions alone! Don't stuspends on defense with dents around here recognize it resultant greater capability. that writers are what make ■this paper? Continued on page 8 As one of many in the orientation throng, he was asked, "Why are you in U.B. Law School?" How do you think he answered? The saddest news was that he didn't just die of as an unfortunate victim of a random accident. He wasn't just killed accidentally. His name was Matt Sullivan. Matt Sullivan was murdered. While most of us were comfortably asleep, someone stabbed Matt Sullivan in his heart and lungs. Matt Sullivan is dead. What were Matt's Last thoughts? Will we think about it? Can we do anything about this? Or will it be: There, but for the grace of God, go we to Starbucks for a latte and then it's off to ... Criminal Law. Can we take a few second from our busy and very important schedules to think about how our families would react if this happened to us? In the library, will law students a generation from now look at the walls and wonder what happened to that guy and how did he get his picture on a plaque? Will it say that he was murdered? Will it say that all his dreams and those of his family were taken away for no good reason? Will those future students care only enough to find out if there is a scholarship connected to the plaque? How will we remember the brutal end to a life we hardly knew? More Classic Stuff from February 15, 1984s Issue of The Opinion! Poetry Letter To the Editor of The Opinion: "Law School Man" by victor J. DAngeio We, the Betty Menschieviks seeking to free man take responsibility for the counterfeit grades posted February 6. Unless our demands are published in The Opinion on February 15 the legal terror will continue. -1936 ambassador, your assign- [Editor's note: I Have A Question About That Guy Who Died? Look up something from S.A. Cole Editor-in-Chief 09.15.9? a c c ' , Lean up against the board and you'll get chalk on t c ac o your sport- ° (X) Law grades are to be posted within 1 month after the exam dates jacket "%£. D^gl (2) All grades from last semester by -■* "c up by February 20,12:00 noon. Oh great metal Box, ht ° mUC Biack or extra white. Pour, Pour, Pour, Yellow soup and so much more. You once ran out of cups And I watched my coffee squirt down the drain. I Be Sure tO look here next Week 101* fniotht^r OpilliOll |i a n Diasi irom the past ! 7 @) undergraduates in the library, or undergraduate classes scheduled in our classroom. (4) Section 3 classes must be held in Moot Courtroom. If our demands are not met WE will no c res P onsikle f°r the consequences. * Bruno Carlos II Bakke (editors note: the original in the newspaper was done with irregular capitaliyou zation and newspaper cutouts have to see it to ei ieve it we nave reformatted it to make it easier to read) __ — �Vol. 39, N0.2 Continued from page 7 R.R. would then be able to deflect criticism from those of you who think that he has not served the poor all that well." "When it comes right down to it, I'd much rather have a President withthe initials R.R. than EM. An R.R. glides effortlessly through conflict. It is a sign of fine craftsmanship and distinction. It's not like all the other cars on the road, but would you want the President to be a Toyota? "An F.M., on the other hand, is just a radio station. Wherever it goes, it changes frequency. It gives the illusion of substance, when in reality it is controlled by whomever turns that dial. It ways whatever you want it to say, and if you disagree with it, it will change. An F.M. is something that people who dream deserve. An R.R., well, that's what you get if you work." [Editor's note: Trust us. This "endorsement" doesn 't get any more ringing or coherent when presented in non-excerpt form.] wings, buffalo, edu/law/opinion of the molecular configuration found in heroin. It starts zapping people while they're taking heroin, and later finds it likes the molecular configuration found in humans during orgasm even detter. Alright, maybe it isn't the story." "Perhaps the humor was what brought me back to see this movie a second time. But what's so funny about a German scientist asking a woman what direction her apartment faces? If that's not funny though, why was I laughing along with everybody else?" [Editor's note: Liquid Sky isa bit dated by now, but is still an entertaining flick. Be warned, however: this is a bad film to watch alone. You need to have at least three other people in the room to generate enough witty commentary to keep the experience lively. Given the right group of snide viewers, Liquid Sky is two hours ofpure early 80 'sfun.] WRESTLING FEVER—IT'S CONTAGIOUS by Pudge Meyer "On Tuesday, February at the Buffalo Aud, LIQUID SKY: SO 7, 1984, no fewer than twenty-nine BAD IT'S GOOD people (not including By Jud Weiksnar "Liquid Sky, the New undergrads) joined me at Wave/Science Fiction ringside. I get great satisfaction accompanying first-time film...is too vioent and obviewers. Sometimes they scene for my taste. The acting is terrible and the music said "It's so much better than is worse. In spite of itself, ont.v." But usually they just however, Liquid Sky suc- sat there with their mouths open. And by the third ceeds. "Where does the appeal match they were screaming of this movie lie? I don't want to say the photography is good. That sounds too much like 'it has a nice per- as loud as I was at the collection of talent that graced the Queen City that fine Tueday evening. What have we done to deserve the presence of Andre the Giant, Ivan sonality.' "Maybe it's the story that makes Liquid Sky click. Putski, Sanana, Murraco, Atlas, Johnson, Fuji, Saito, An alien come to lower Manhattan via U.F.O. in search the Sargeant, the Superstar?" More Announcements Jewish Law Students Association First general meeting to be held Thursday September 17 at 6PM in room 212. If you cannot attend, please leave a note in box 88 Organization Fair The annual Organization Fair will be held on September 22 and 23 from 11AM to 2PM. It will be a chance for students to see what organizations, groups, and clubs exist within the law school. 09.15.98 Hockey Season Is Almost Here! games with 2 referees instead of 1. Something tells me Toronto is moving lo Ihe East this year as well, bul for some reason it escapes my mind so I will not assume any division changes. The Eastern Conference Last year when the playoffs rolled around, the Easl looked very easy to evaluate. The Flyers and Devils were the dominant teams and one seemed likely to go on to the finals. Meanwhile, both teams flopped early in the playoffs, and now the Devils have lost Iheir The season ended much as head coach and their lop scorer. The I predicted last semester. The DeFlyers performed addition by subtractroitRed Wings won the Stanley Cup tion when they traded Paul Coffey for and wheeled severely injured Ihe equivalent of a bag of pucks, bul Vladamir Konslantinov onto the ice have not made significant improvements in Iheir team otherwise in tribute. That left one team a winner, and 25 teams losers, looking to (Vanbeisbrook is not going lo be Iheir play catch up with the repeat Stanley savior). Other teams were big surCup champs. Add to the mix expansion, and we now have 26 teams in prises lasl year. The Capitals came out the hunt for the Cup. of seemingly nowhere to show that they The offseason was marked have a good mature team with a comby a flurry of free agent signings. petent goaltender. Ottawa showed a Brett Hull jumped ship and headed major upset in the first round, but refrom St Louis to Dallas. Curtis Jomains basically a one line team. Pittsseph left Edmonton for Toronto. burgh and Montreal maintained decent Mike Richter stayed put after failing learns despite Pittsburgh lacking depth to spark a bidding war between the and Montreal lacking a number one Rangers and Flyers. The Flyers goaltender. Buffalo showed lhat when signed John Vanbeisbrook from God is your goaltender, you can go far Florida. Ron Francis went lo Carostill, Ihey lacked the necessary depth lina. The Rangers perplexed the to make it to the finals. Boston showed that Ihey are maturing into a future dyhockey world by signing has-beens John MacLean and Brent Fedyk (a nasty and what "will be" in the NHL member of the old "Crazy Eights just a lew short years from now. Line" in Ihe early Lindros days) in Carolina came on strong in the midst of an alleged "rebuild." Ihe end, bul failed to make Ihe cut. The What is lacking from this offseason Islanders showed that when they wanted is any major trades. Many of the old to, they could be a good team unfornames are staying with their teams tunately they are coached by Mike for now (when the biggest names to Milbury (a guy who is nicknamed move are Stu Grimson and Kevin "Shoe boy" because he supposedly tried Haller, you know its a slow off seato allack someone with his shoes), who son). Some of Ihe hottest names on has been incompetent in running thai the market are reported to be Pavel team (thank God I am a Rangers fan). Bure (who says he will never play The Rangers were an abject disaster last for Vancouver again), Keith Tkachuk year, flirting with a top 5 draft pick most of the year. Florida and Tampa were (who says he will nol play until his contract is re-negoliated), Jeremy not even worlh menlioning bolh had Roenick (who Phoenix may not be embarrassing seasons (culminating in able to afford if they renew Tkachuk's Florida getting a greal draft pick...though 100 bad they traded it earcontract), and even Eric Lindros has popped up in rumors (Bobby Clarke lier in the year lo San Jose). has finally told him to play up to the This year it is safe lo say lhat salary he is paid). Toronto is once the Devils will probably slip back a again rumored to be shopping Felix notch (though remain in playoff conPhilly is slill the "cream of the Potvin (not the same "Polvin sucks" thai would be retired Denny cop" in an Eastern Conference that is becoming the epitome of "parity." BosPotvin), and the Rangers are rumored lo be shopping Adam Graves (with lon is slill a couple of pieces away from injuries, perhaps the oldest 30ish year being a true contender, but a breakout old ever lo play the game), and Jeff year from Joe Thornton (1997's numBeukcboom (whose faults are so ber one pick) could be whal they need many, I can't even describe them). to go over the top (especially if Sergei Samsanov continues where he left off Unfortunately, one hold over from last year is free agent signfrom this year). Washington should ing problems. DougWeight remains make il to the playoffs as a top three seed justby virtue of being in the weakunsigned in Edmonlon, and the Islanders have yel to sign such stars as est division in ihe Easl (lop team from each division gets automatic 1-3 seedZigmund Palffy and Trevor Linden (despite having a dirlh of offensive ing). The Hurricanes should also surtalent on their team). Add lo this Ihe prise some people with good years from fact lhat the problem of concussions Roberts and Francis. Ottawa will be a is rearing ils ugly head Pat playoff team, and Ihey have good young LaFontaine finally hung up his skates, talent developing. Their problem is that and everyone is hoping lhat Paul Ihey have painfully Utile depth. Montreal has enough talent to make the Kariya can make it back from his season ending hit last year. Coaches are playoffs, bul nol much else. Finally, I crossing their fingers that their star believe lhat the Islanders (assuming isn't the next lo take a big hit. they start signing people like Palffy and The 1998 season brings, Linden) will make the step inlo the playlor belter or worse, some interesting offs. Buffalo should also be a contender for the playoffs once again. changes. There is a new team this 3 year (the Nashville Predators The odd man out from last more expansion learns arrive over the year's playoff bunch will probably be next couple of years...the Minnesota Pittsburgh. They lost Francis, and have a series ofsecond siring goaltenders, bul Wild, Columbia Blue Jackets, and Atlanta Thrashers). The conferences no true number 1. They do have Jagr will also be divided up into three geothough, and they did adjust to the loss graphical divisions rather than Iwo (I of "Super Mario," so you never know. believe North East, Atlantic, SouthThe Rangers will languish east, plus Central, West, and Pacific). this year as they undergo a rebuild. I Finally, the league will be conductslrongly suspect Gretzky will have a siging a number of experiments. In the nificantly reduced year in terms of outpreseason, Ihey will play with elimiput (though, and you heard it here first, Kovalev will finally have a 40-40 nating the redline. The nets will be moved a couple of feet away from year.breakout if you will). Florida is the back walls (to clear up traffic bein disarray and being run by the hockey hind thenet and prevent goalies from equivalent of the Marx Brothers. The overplaying the puck), and they will Lightning have improved themselves a try a large number of regular season great deal, bul will nol be playoff Its thai time of the year again. Hockey players are returning to training camp, and the NHL is getling ready to swing into another season of hope, disappointment, and glory. As a service, The Opinion is providing a glimpse into this year's hockey season as it looks now through the eyes of Russ Klein. You will hear nothing ofMark McGwire, Monica Lewinsky, orany of the mundane outside world in this column. This is strictly hockey. — — — tention -- -- — 8 bound. The Western Conference Unlike the East, the West has a very strong line between the contenders and the pretenders. The conlenders are: Detroit, Colorado, Dallas, and to a somewhat lesser extent, St Louis (though they took a big hit this year by losing Brett Hull). The rest of Ihe teams are jusl not in the same league. Granted that Edmonton is superior to Vancouver, bul every team not named as a contender above has major glaring flaws. Detroit is mostly the same team they were last year, except now they will have the services of Sergei Federov all year. Colorado showed that they needed a heart transplant, bul this year they have a new coach and they had 4 big first round draft picks in this past draft watch for them lo turn it around and return to true contenders (especially with Roy's days winding down). Dallas won thePresidents Trophy for most points, but lost in the playoffs. They have added formidable weapons this year and this could be it for them. Si Louis was a good team last year and had plenty to brag about, but as I said, losing Hull could prove to be a huge blow for them. As for the rest of the teams, its almost painful to go through the list. Anaheim needs (A) depth in scoring and (B) lo figure out a way lo stop other team's goons from taking liberties with Kariya and Selanne (acquiring the Grim Reaper and Haller will go a LONG way towards solving this second problem). San Jose has nice developing lalenl but is too young with their youth and too old with their leadership. Edmonton losl Curtis Joseph, has not signed Doug Weight, and is slill being cheap enough to field a team lhat is always good, but never good enough. Vancouver will pay on the ice if they don't get true value for Bure (and Bure has a "top 3 salary average" clause so he may be paid $10 million this year) Messier is too old to be their savior, and Matthias Ohlund is 100 young to lead Ihe team. They also — — have no goallender signed as of yet, and a series of 3rd stringers lined up. Finally, their team defense is an ongoing joke lhat would make the besl goaltender look bad. The Kings are a mid-tier team thai needs to acquire a big name scorer (they are rumored to be interested in Bure). Phoenix may haveserious contractual problems with Tkachuk and/or Roenick this year. The other teams do not deserve lo be mentioned (Toronto and Calgary, whatever conference Ihey will be in, will not be particularly good —Toronto needs lo learn that "Mats Sundin alone does nol equal a Stanley Cup"). Predictions This year's Stanley Cup finals will feature some new faces: Dallas versus Boston. Boston will lose to Dallas in 4 or 5 games, and then the Bruins will become a new dynasty in a couple of years (ala Edmonton in the mid-XO's). This year's Arl Ross Trophy (league leader in points) goes lo Paul Kariya (if he can stay healthy), and Ihe Vezina Trophy (best goaltender) goes lo Martin Brodeur. Once again, Dominick Hasek gels Ihe HarlTrophy as MVP. Kariya also gels the Lady Byng Trophy (gentlemanly play). The Calder Trophy lor rookie of the year goes lo Manny Malholra of ihe Rangers. Finally, Brian Leelch will reclaim the Norris Trophy. And speaking of Ihe Rangers...they will finish al least 5 games under .500 this year, but will be more exciting lo watch this year. Grelzky will begin his decline, Kovalev will begin his ascent, and Leelch will return lo Norris Trophy form. Richter will show the world lhat he is the most overrated goalie this side of Ron "Five Hole" Hexlall. And lhat my friends, is this year's NHL in a wrap. My predictions arc worth the price of this newspaper (which is nothing). � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Opinion, 1998-09-15 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. The Opinion no. 2 15.09.1998 Date Issued Date of formal issuance (e.g., publication) of the resource. 9/15/1998 Bibliographic Citation A bibliographic reference for the resource. Recommended practice is to include sufficient bibliographic detail to identify the resource as unambiguously as possible. 39 2 Publisher An entity responsible for making the resource available University of Buffalo State University of New York at Buffalo Law School Language A language of the resource eng Type The nature or genre of the resource Newspapers Text Is Part Of A related resource in which the described resource is physically or logically included. LIB-LAW003 Rights Information about rights held in and over the resource <a href="https://rightsstatements.org/page/CNE/1.0/">COPYRIGHT NOT EVALUATED</a>. The copyright and related rights status of this Item has not been evaluated. Please refer to the organization that has made the Item available for more information. You are free to use this Item in any way that is permitted by the copyright and related rights legislation that applies to your use. This digital collection is made available for research and educational purposes. Researchers are responsible for determining copyright status, and securing permissions for use and publication of any material. Copyright for items in this collection may be held by the creators, their heirs, or assigns. Researchers are required to obtain written permission from copyright holders and the University Archives prior to reproducing or publishing materials, including images and quotations. For inquiries about reproduction requests and permissions, please contact the <a href="http://library.buffalo.edu/archives/">University Archives</a>. If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/c17950682789fcff1b062732ed7db627.pdf 668b3c4949914215d40a4e5d38a93a77 PDF Text Text wings, buffalo, edul lawI opinion Vol. 39, No. 1 09.08.98 OPINION "Vi veri veniversum vivus vici. " Vol. 39, No. 1 09.08.98 THE CLASS OF 2001 HAS ARRIVED - Approximately 100 150 first year law students, administration, and alumni packed into Pistachios for an end of orientation week party on Thursday September 3rd. The party, which featured catered food, soft drinks, and beer, served as a medium for law students to get to know one another. It was also an opportunity to meet with alumni, and even have a beer with their professors. The orientation about what to expect from schedule got off to an their law school experience. energetic start on Friday, Shortly after the August 28th at 9am when morning speeches, the new students arrived at students divided up into preAfter assigned groups, and were O'Brian Hall. receiving their name tags taken on tours of O'Brian and information, and Hall and the campus. The helping themselves to the tours allowed the new lLs to free catered continental get a feel for the school, breakfast, the students while getting objective moved into room 104 and opinions from experienced heard from a wide variety of law students. The tours administrators and faculty culminated in a picnic held LAW REVIEW TO RELEASE NEW EDITION THIS WEEK Fall 1998's edition of the law review, under the leadership of new Editorin-Chief Elizabeth Reiter, will be out this Thursday. This fall's law review presents issues ranging from the zoning of New York City sex shops, to taxation of personal injury awards. Writing about New York City zoning laws and the First Amendment are UB alum Herald Price Fahringer ('56), UB Professor George Kannar, and New York attorney Albert Fredericks. Aggressively enforced by New York City Mayor Rudolph Guiliani, the zoning laws in question break up "red-light" districts in the city. Professor Kannar introduces the dispute, describing the situation in Times Square, and citing Broadway lyrics to bolster his presentation of the issue at hand. Fahringer, who has worked for publishers Al Goldstein and Larry Flynt, takes the con side, arguing against the constitutionality of the as laws enforced. Fredericks takes the prevailing view, writing in support of the enforcement. Editor-in-Chief Reiter called Kannar's note "creative—it points out new ways of looking at the argument." The law review's coverage of the issue, she said "fills in the whole account of what's going on." The arguments range from the constitutional, to the more empirical—such as what type of statistics are appropriate for use when studying population density as it relates to sex shops. R. Philip Manns, Jr., addresses tax law and liability awards in his article. His focus is on personal injury settlements. There are three student articles. Jeremy Best, '98, wrote on New York's managed care legislation. Ryan Everhart, '98, also addressed managed care Continued on page 3 near Ellicott Quads. Nearly 100 people showed up and ate freshly grilled hamburgers and hot dogs, plus salad and potato salad. Finally, the first years got down to business. Monday, August 31 marked the first day of classes for lLs, with courses such as Intro to Perspectives challenging students to question why they were in law school, and what they expected to get out of the legal education experience. Last week also marked the beginning of Legal Research and Writing, the core class that teaches students the proper way to communicate in the legal world they are entering. . The final cornerstone to the Orientation week foundation was set with the The Class of 2001 Continued on page 8 .. Inside This Issue... SUMMER SEES CHANGES IN UB LAW ADMINISTRATION This summer restructuring serious brought to the Faculty and Administration of UB Law. At various points throughout the summer, Dean Shields, Dean Farrell, and Assistant Director ofAdmissions and Financial Aid Kirn DeWaal all resigned. Numerous others were promoted or hired. • Vice Dean for Academic Affairs Nils Olsen was promoted to Dean of the Law School. Olsen is replacing Dean Barry Boyer, who resigned from the position last semester. Professors Dianne scriptions: Dean of Students, and Assistant Dean of Admissions. According to a memo from former Dean Boyer, "her departure will lead to a re-organization of student services that will enable us to provide improved services and student support in key areas such as the Career Services Office, student recruitment/retention, and financial aid." The positions will be posted both Avery and Peter Pitegoff internally and nationally. were appointed Vice Deans Until then, Deans Avery and of Curriculum and Aca- Pitegoff will handle student issues. demic Affairs. Dean Farrell has Professors Errol been replaced by his assisand David Meidinger Engel were also made Vice Deans tant, Mary Ann Rogers, who of the Law School. Tim has been working at the law Tryjankowski was hired as school since December the Director of Recruitment. 1997. As the new Dean of The administrative Development, Rogers will her work changes that started with the continue resignation of Dean Boyer fundraising, working to deare being viewed as a posicrease UB Law's reliance on tive step by the administra- taxpayer funding. Kirn DeWaal has left tion, with the restructuring presenting the opportunity to her position to spend more address student needs. Continued on page 3 1 Editorial announces 50th anniversary of the Opinion! 2 The vacancy left by Dean Shields, who moved on to a position at North Carolina State, is being filled with two new job de- Message from theLaw Review. 3 News in brief. 3 Supreme Court Justice Lewis Powell Dead at 90 4 Opinion retrospective, complete with classic photos 4 New Director of Recruitment ....5 The Anarchist deals with sex in the city 6 The only cartoon! 6 Buffalo bars reviewed for law students, by | law students 7 Orientation pics 8 �wings, buffalo, edullaw I opinion Vol. 39, No. 1 09.08.98 50th ANNIVERSARY OF THE OPINION! as low as possible. What Salutations, UB Fool's article. does law students, and welcome Suffice it to say, if this mean? For one, to the 50th anniversary of this thing already didn't if you have any of those the Opinion! To celebrate look like the second cousin old white paper issues our half-century in print, of a tabloid, a judicious from Spring, hang on to the Opinion will be bringing you a special feature all this year: a retrospective corner, reproduced from issues past to familiarize you with some of the history of your law school. Before you roll your eyes and mumble "whoop-de-do, a historical corner," let me assure you, there's been some pretty juicy news over the last fifty years. Scandals over the "Law Student Wives" Group, law students allegedly shot by Buffalo police, FBI protests, SBA scandals (believe me, we have it good these days), and many a funny April sampling of previously published articles would help us compete with the Weekly World News. Which, considering how much advertising revenue we have to generate, doesn't sound like such a bad idea. Speaking of advertising revenue, those of you returning for their second or third years may have noticed a slight format change for the ol' Opinion. This is because the advertising we need to run, to justify our journalistic existence, requires a larger format, on newsprint, in order to keep costs . 'em—they're sure to be collector's items any day now. And for two...well, actually, that's about it. The paper will still come out once a week, on Mondays. It will still be distributed to your box. It will still print anything you elect to submit. It will be more than happy to run flyers and advertisements for events and meetings of student groups. And it will, to the dismay of few and the delight of many, continue to be on the cutting edge of amateur political cartooning. Of course, we are actively seeking out writers—especially columnists, of all political bents and persuasions. Most of you have read this spiel before, so before I continue ad nauseam, I'll reign in and merely say: Just as you can judge the character of a society by the quality of its prisons, you can discern the caliber of a law school by the vitality of its newspaper. You think those curs at Newsweek don't look at the paper when they rank us within an inch of our lives? Contribute to your newspaper and help us make it into that coveted first tier! The Opinion staff is looking forward to a vigorous year at ÜB. We hope to host a variety of debates is our pages. We look for- ward to publishing a great deal of criticism, and (hopefully) even more praise. On a social level, we anticipate reviving the dormant tradition of the "Law Revue" at ÜB-a variety show that will be hosted at the Opinion Bar Night. For any of you out there with exhibitionist tendencies, be prepared to perform for your fellow students in this time-honored tradition. If Felix Frankfurter did it, well, then you can, too. We look forward to your submissions. Enjoy this week's edition of the Opinion. S. A. Cole Editor-in-Chief WEQOT LETTERS! BUFFALO HUMAN RIGHTS Dear Editor ofthe Opinion... LAW REVIEW The Buffalo Human Rights law Review welcomes all first year students to the University at Buffalo. As you will soon realize, the law school has a wide variety of organizations to join, undoubtedly, each person will find his or her niche. If you are interested in human rights, or topics related to international law, politics, economics, or high-quality journal. Each published articles which associate spends at least addressed human rights and three hours per week trade, freedom of speech, checking cites, contacting immigration, and socioUB Law authors, and working on the economic. Makua Mutua has publication. In addition, the Professor, been instrumental in associates write a fortypage note on their area of obtaining articles from many interest and have the talented and prestigious The members of the Review opportunity to be published authors. We welcome all of you to stop by the office so are a diverse and fun group in the journal. that you may read some of of people, who are all dedicated to producing a The Review most recently these articles and meet the sociology, then you may want to consider becoming a member of the Buffalo Human Rights Law Review. Membership to the Review is based on a writing competition which is held in the spring of your first year. Editor in Chief S.A. Cole Graphics and Layout Editor Ken Grant Business Manager Managing Editor I Managing Editor II Dan Baich Cindy Huang Joe Huang News Editor News Reporter Kevin Hsi Columnist Randy Janis Columnist Katie McDowell Adam Perri Russ Klein Vacant If you are interested in human rights or would like to learn more about the journal, we would be willing to meet with you personally. Please contact either Stacy Sandusky at 773-2630 or Ryan E. Harden at 694-8769. Staff: Columnist Op/Ed Editor member of the journal. The Human Rights Law Review is located in the Human Rights Center (523). Web Editor Photographer Russ Klein Ken Grant The Opinion. SUNY at Buffalo Amherst campus, 7 John Lord O'Brian Hall, Buffalo, New York 14260,(716) 645-2147, is published weekly lhroughou( (he Fall and Spring Semes(ers. The Opinion is (he student newspaper of the Sta(e University of New York School of Law. Copyright 1998 by (he Opinion, SBA. Any reproduction of materials herein is strictly prohibi(ed wi(hou( (he express consent of (he Edi(or-In-Chief and piece writer. Submission deadlines for all articles are every Wednesday preceding publication (if i('s on disk, you can push it lo layout lime on Thursday., .no la(er (ha( 6:(X) PM, please). Submissions should be saved in IBM Wordperfect 5.1; please enclose printed copy for safety's sake. Wri(e your box number on your disk if you want it returned. While the Opinion will nol print libelous or anonymous material, all submissions shall be primed enrirely and exaclly (so provided (hey are signed submissions from a member of the UB Law community (students, faculty, staff, alumni). proofread your ma(erials), The Opinion in no way endorses (he viewpoints of its various columnists and conlribu(ors_ Considering(ha( (he Opinion isn'l ac(ually a sen(ienl being, ii also doesn't (hink Ihere's anything wrong wi(h any viewpoim expressed in (his publication. Vi Veri Veniversum Vivas Wei. "We have a First Amendment and we know how to use i(." 2 Translation oj our Latin Motto: "Puttin ' the smack down on the Harvard Record week after week " �wings, buffalo, edul lawI opinion Vol. 39, No. 1 09.08.98 BUFFALO LAW REVIEW GREETS 1L'S The Buffalo Law Review is an organization which edits and publishes legal articles, essays and book reviews submitted by professors, practitioners and students. The Law Review has a prominent history at the University at Buffalo. Indeed, our alumni are among the most renowned members of the legal profession throughout the country. Since its inception in 1951, the Law Review has itself distinguished nationally by publishing significant, cutting-edge contributions to legal analysis. Our journal contains a broad array of articles of interest to and academics practitioners alike. We strive to select materials for publication which address current, pressing legal questions and present valid criticisms of our legal system, in an effort to contribute to the process of legal reform. Recent editions of the Buffalo Law Review have materials included, discussing topics such as arbitration, bankruptcy, cyberlaw, gender issues, homelessness, labor law, multiculturalism, Native American rights, international human rights, federal income taxation and health care reform. In addition, we have received national recognition over the past few years for hosting an annual Buffalo Law Review Symposium, which surveys a timely and interesting legal issue. Past symposia examined issues such as the New York State death penalty, the emerging field of cyberlaw, and Native American governance and we sovereignty as approach the twenty-first century. This year's symposium will focus on issues concerning regionalism. Members of the Buffalo Law Review have the opportunity to hone their researching, citechecking and editing skills. In addition, all Law Review members compose an article during their first year on the Law Review, analyzing a topic of their choosing. In the process of bringing the article to completion, student authors receive constructive criticism and guidance from third year Law Review members, thereby improving their writing skills while being introduced to the initial stages of the editing process. At the end of each year, a number of these student articles are selected for publication in the Law Review and other Journals. prominent provides an additional forum in which you can meet students outside of your section. In order to become a member of the Buffalo Law Review, first year students compete in a writing competition in the Spring or Summer of 1999. Second year transfer students have the opportunity to compete in the case note competition this September. This year is an exciting time for all of us, and we encourage every first year and transfer student to participate in the competition. Welcome to the University at Buffalo Law School and best wishes during the upcoming year. First year students often become involved in the Buffalo Law Review's student mentoring program in which each first year participant is matched with a second year Associate. The Associates are available to answer your questions throughout the year, help you adjust to law school and provide suggestions regarding studying and exam-taking strategies. We would strongly encourage you to become involved in this program since, in addition to providing an valuable Buffalo Law Review educational resource, the 605 John Lojd O'Brian program Hall mentoring Law Review. Continued from page 1 in New York. Jay Ovsiovitch, '98, wrote on reporting infant mortality rates under the Human Rights Convention. Summer Sees Changes in Administration... Continued from page 1 time with her family. In a letter to the student body, she wrote, "I realize that my decision creates a void in the all-important area of financial aid...beginning the week of September 14, I will be available to answer financial aid questions every Wednesday (location to be announced)." The administration is working quickly to find a full-time replacement. The faculty gained two new members in husband and wife Bert and Amy Deen Westbrook. The Westbrooks will expand the curriculum's international corporate law and finance offerings. UB NEWS IN BRIEF... Tuition Increase for Fall 1999 The SUNY Board of Trustees voted to increase tuition at UB Law $500 this year. This will put the cost of a UB law education at $7,850. Aside from CUNY Queens, which is comparably priced, tuition at UB will still be $10,000 less than the next least expensive law school eduction in New York, at Albany Law School. The additional fees will be used to improve student services and facilities at UB Law. Law School Bookstore to Take Cash The Law School Bookstore, notorious for only accepting checks for course packets and UB Law merchandise, will now accept cash. "For the returning students, it's a semi-relief," saidTim Konti, the store's sole clerk, referring to the long tradition of students being turned Computer Lab Has New Computers away for lack ofchecks. UB merchandise, notary services, and a fax machine are now available in the store; the hours are M-F 9-10, 11-12, 1-4. New Student Lounge To Debut Soon The new student lounge, on the first floor of O'Brien, will be complete by the end of this month. Funded by a ten-year advance tabling fee by Bar/Bri, the lounge will be accessible only to law students. "It's going to be beautiful," said Dean Fleischman, as the work rapidly progressed throughout the end of August. The lounge will have new furniture, a television, and a VCR. Law students should be prepared to self-police the lounge, keeping it exclusively the province of law students. 3 The PCs in the computer lab have been replaced with newer machines. Pentiums with 64 megabytes of RAM, running Windows 95, and equipped with Office 97 and Correl Wordperfect 8 can be found on the 4th floor. The lab also had new security procedures, requiring students to register and sign in before commencing their work. In a surprise change, printing will be free. New Committees Forming to Improve UB Law Professor George Kannar will be chairing a new Facilities committe to oversee changes in the Law School building. The goal: to make the law school a more professional and pleasant space. Former Dean Barry Boyer, returning as a full-time professor, will be chairing the Technology Committee. �Vol. 39, No. 1 wings, buffalo, edul lawI opinion 09.08.98 Opinion Historical Corner Since this year will bring us the much-anticipated Law Student Lounge, as well as other facilities improvements, the week's sampling History is from the first issue of the Opinion ever published on this campus. Volume 14, Number 1 September 20, 1973 News Headlines LAW SCHOOL ROLLS OUT CARPET FOR NEW STUDENTS: NO SEATS "No one could escape astonishment upon entering John Lord O'Brian Brian Hall, the first academic building at the North Campus of the State University of New York at Buffalo. We're really here." "New students and faculty imagine the cannot transplant shock apparent on the faces of faculty, administration and returning students. Gone are the cramped spaces, faulty desk arms and standing room conditions of Eagle Street." "Few tears will be shed for the old lounge (that travesty of a room) or the old library." ATTICA DEFENSE about the lack "Complaints MOVES TO DISMISS "The contrast is nothing less of decent student lounge -By Kay Wigtil than stupefying. It will be space will doubtless mount "During the summer I was weeks before students can steadily." one of six UB law students see the books for the library. who received grants from Nor will many take notes "Still and all, weare so much Law Students' Civil Rights when surprised by the better off here than we were Research Council to spend peacock colors of our new back in the black holes of the summer working for the classrooms. The views from Prudential and Eagle, it will defense of indicted Attica O'Brian Hall's several sides be only the ingrates and the Brothers. Here I would like will be better known than Opinion who would dare to share some of what I have Hadley v. Baxendale. In cast stones here in paradise." learned and observed as a result of this work." fact, faced with such a plethora of pleasures, we PRESIDENT'S CORNER may all flunk out." "The conclusion I have —By Marty Miller drawn about Attica is that (the SBA President the only way justice will be "It must be admitted, however, that O'Brian Hall addresses the student body) achieved is for all of the is not the ultimate "This summer, I attended the charges against the Brothers expression of form and American Bar Association- to be dropped, and the 28 Law Student Division demands they made during function." Convention is Washington. the rebellion to be "The Opinion will happily It was a worthwhile implemented." keep a list of shortcomings, experience for me as an and individual, and left me inadequacies, horrendous oversights convinced that we should FOUR PROFESSORS JOIN discovered by students seek to participate actively in FULL-TIME FACULTY IN ABA-LSD activities." 1973-4: Jack Schlegel, L. throughout the year." of Opinion Thorne McCarty, Janet Harring (later Janet Lindgren) and Barry B. Boyer LIBRARY OPENS AMID BLOOD, SWEAT, AND FEARS "Hampered by moving problems and late installations along with other departments, the library has had to deal with a June fire in the furniture which was factory contracted to supply architectdesigned study carrels and tables--a fire which destroyed over 50% of the library's seating capacity." "Most spectacular of the new library's assets is a book sensitization and detection system which will severely hamper the scores of petty thieves and master criminals Continued on page 5 LEWIS POWELL DEAD AT 90: NIXON APPOINTEE AND SUPREME COURT CENTRIST By SA. Cole, Editor-in-Chief Anyone who has Court would be, Powell felt read Bob Woodward's book it couldn't compare to the The Brethren is sure to hands-on negotiation and remember the vivid story of litigation that had made his clashing wills that lead to reputation. Nixon, desperate, Lewis Powell's appointment to the Supreme Court in decided to call Powell 1972. Having promised the country a Southerner, Richard Nixon was being thwarted left and right in his attempts to appoint a conservative from the South. After a series of crushing with one defeats, conservative after another meeting with rejection at the hands of the Senate, Nixon tapped a prominent Virginia attorney to consider the position. The Virginian considered it—and refused. Lewis Powell loved the practice of law. Further, at the age of 64, he thought his career was almost over, and he had no intention of starting another. For him, himself; during the call, he impressed upon Powell that accepting the position was the only patriotic and loyal thing to do. "It's different when the President of the United States calls you up and asks you. It's impossible to say no. I did, however, ask him for a day to consider the matter," Powell reminisced in a 1987 interview. After 24 hours, Powell gave the President his answer: he accepted the nomination. This, however, really only began the process. Coming next was the Senate confirmation hearing. If Powell got half the sacrifice of his privacy, the grilling they gave the last his leisure time, and most person they rejected, Judge importantly, his thriving, Haynesworth, he was in for involved practice, was just a rough time. too great a price to pay. No Senate, The how or however, only questioned matter powerful prestigious a position on the Powell for a day. He was voted in with only one "nay." During the voting, Powell got a call from an acquaintance, who informed him he was going to be confirmed. "Do you know why they're going to confirm you?" No, said Powell. "They're going to missed. But no one ever brought it up as an objection to my being there." Powell served on the Powell was the crucial fifth or "swing" vote, leading to a 5-4 decision rejecting the argument that the right to privacy established in Roe v. Court until 1987, when his extended resignation touched off yet Wade to another infamous rejection homosexuals. After his of a conservative nominee: resignation, Powell declared Robert Bork. Eventually, that now he would "vote Powell was replaced by differently" on the case. The death penalty Justice David Souter. confirm you," the man went on, "because they think you're going to die." Powell's death in late August has been noted as the passing of a "great Powell, not in the best of health, but obviously not at death's door, was sworn into the Supreme Court in 1972, 45 seconds before Justice Rehnquist (and therefore, in the protocol of the Court, forever his senior). The two Justices took the place of John Marshall Harlan and Hugo L. Black. Powell, the Southerner, took the place of fellow Southerner Black. Powell liked to tell the story of how, technically, he was never actually sworn into the Court. "I missed a few words, there, in the oath," he said. "There were centrist," yet this, of course, is in comparison to the increasingly conservative nature of the Court as the Warren Era passed and the Burger Court took shape. As with fellow late Justice was another area Powell rethought after his tenure on the Court was over. His reasoning was typical of his carefully considered approach to the law; feeling that the death penalty could never be administered fairly, he opposed it because of the Harry Blackmun, Powell negative implications its use developed some liberal presented to the law. When asked who is leanings later in life, although Powell was retired favorite Supreme Court by the time he started Justice was, Lewis Powell expressing his new beliefs. answered "John Marshall." His most lamented A traditionalist through and (from a variety of through, Powell was a perspectives) re-thinking consummate Supreme Court was his new position on the Justice who's life reflects a right to privacy and true commitment to the law, a devotion to same-sex and consensual intercourse. In the notorious unemotional but passionate some words to repeat that I case Bowers v. Hardwick. interpretation of the U.S. measured, Constitution. 4 �wings, buffalo, edul lawI opinion Vol. 39, No. 1 09.08.98 NEW DIRECTOR OF RECRUITMENT PREPARES TO PROMOTE UB LAW Hitting the ground running after a summer of staff changes, new Director of Recruitment Timothy A. Tryjankowski was there to greet incoming lL's on Friday, August 28, the first day of Law School Orientation. Getting to know the new student body before hitting the road for an autumn of travel, Tryjankowski greeted new students and hobnobbed with returning 2L Orientation and 3L volunteers, familiarizing himself with the student body of UB Law. It was an auspicious debut for the man who will soon be out seeking the class of 2002. Tryjankowski may be a part of the summer shakeup, but his position is all new, and his duties are geared towards vigorous promotion of UB He sees his new Law. position as challenging but painless, with such things as the unique UB curriculum, the power of the faculty, and the rising prestige of the school making a UB Law education a desirable commodity. "I don't see my job 'sell' job—l see it as an as a 'announcement' job." Preparing to tour the Northeast in a flurry of recruitment, Tryjankowski talked to the Opinion on Monday, August 30, about his new job, and his first two weeks working at ÜB. "I've been learning from the faculty and the administration, getting a concise idea of who we are. Tryjankowski was hired after a internal and a national posting announced the Recruitment position. He is a graduate of Xavier University in Public Relations and Marketing, and has a Masters Degree in Higher Education from ÜB. Before getting his Masters, Tryjankowski spent six years working for Historical Corner... Continued from page 4 who yearly decimate the library's effectiveness for their fellow-students." their roles in their husbands' careers and in the community." "Students should no longer DOUGLAS TO SPEAK be plagued with the chronic inability to find anything, in "United States Supreme Court Justice William O. the new law library." Douglas will appear on on Campus South FOR INFORMATION'S November 27. Keep your SAKE (remember, this is calendar open. More information later." 1973) "The first-year class has 318 members, 246 of whom are ALUMNI LINE male and 72 of whom are female. The 37 minority "O'Brian Hall is not the students are 26 men and 11 only building on the North women. Last year's first-year Campus that is named for class was composed of 188 an alumnus of the Law students, of whom 141 were School. Rising just to the men, 47 were women, and 24 east of O'Brian is the Education and Philosophy were minority students." Building which has been named after Christopher Baldy, '10. Baldy Hall is LAW WIVES NEWS "During the coming semester, about a year away from the law wives plan to have occupancy." mini-lectures by the law school faculty paralleling the "John Lord O'Brian, '98 [uh, that's 1898], after students' courses." whom the law building is "On October 15th, the law named, died in April in wives will meet to hear four Washington, D.C. at the lawyers' wives discussing age of 98. "I don't see my job as a "sell" job, but as an "announcement" job." —Tim Tryjankowski, New Director of Recruitment Senator Stenkowski in the New York Senate; after getting his Masters, he spend three years wording for the Office of Student Life at ÜB. Throughout midinto September and November, Tryjankowski will be travelling, promoting the school at various into SUNYs, and Massachusetts, Ohio, and Washington, D.C. Dropping the "new" from the school's innovative curriculum, and presenting it as "the enhanced curriculum," he will be looking for "quality over quantity," on keeping concentrating the student body small and the level of achievement high. Tryjankowski sees this as the way to assure UB alumni of an education they can be proud of. "Keeping the number consistent will lead to more prestige down the line." Asked about this year's tuition hike and the challenge it might present to a recruiter, Tryjankowski responded with some numbers, impressive pointing out the $10,000-ormore difference between the price of UB Law and all but one of the law schools in New York State. He also pointed out that UB law students still feel they are getting a bargain. "There was an article in the Buffalo News, reporting the tuition increase," Tryjankowski said, "and students at the school were asked what they thought of the increase, and people said that UB Law was still a great deal." "It's like we're the best kept secret of law schools," Tryjankowski said. "I have to go out and tell people about it." LAW LIBRARY UNDER CONSTRUCTION, 1973 Students show up for class, have nowhere to sit in 1973 Pre-Dean Barry Boyer, new to the faculty in 1973 5 �wings, buffalo, edul lawI opinion Vol. 39, No. 1 09.08.98 THE ANARCHIST -(E)- by Russ Klein -(A)- SEX AND THE CITY Professor Delaney used to refer to it as the "salami effect." You cut away al the big piece of salami, one slice al a time. You keep cutting away at the Ihing, slice by slice, and then one day you will realize that you have no more left. Professor Delaney's analogy was lo illuminate the way posl-Weimar Germany cut away the rights of German citizens, and particularly Jews. The same can be said of the way Mayor Rudolph Guilliani is acting in New York City. First he cracked down on panhandlers and J-walkers (J-walking.lhe evil crime ol not crossing Ihe street at the designated corner or crosswalk). Then he erected barricades on some street corners so that even if there WERE crosswalks, you had to walk down to another street to cross. Street vendors, ranging from those who sell "real" Gucci bags, to purveyors of hot dogs and Knishes, were targeted. Now, Mayor Guilliani has taken aim at sex shops in the City. Some parts of New York City were legendary for their sex shops. Times Square used lo have as many sex shops as Chippewa in Buffalo has bars. But this is no longer so. The Mayor's plan was simple: Those sex shops so designated were told that if they were wilhin so many feet or yards of schools, churches, or even EACH OTHER, they must have a certain percentage of nonsexually related items. For example, say, 60% family oriented movies. .Some clubs tried to skirl these rules by having iheir female dancers wear skimpy tops, etc. Guilliani would not be moved. Any club or shop lhal could not comply with ihe Mayor's orders were locked shut by order of the police. The Courts have not intervened significantly in Ihe matter yet. The issue of whether pornography should be outlawed is a perpetually hot lopic. Catherine MacKinnon, Andrea Dworkin, and Jerry Falwell have spoken out against its legality on numerous occasions. Nal Henloff, Supreme Court Justice William O. Douglas, and Camille Paglia have spoken out in support of Ihe First Amendment, and in some case, Ihe political value of pornography. SEX AND THE AMENDMENT To me, Ihe issue of pornography and sex shops is a simple one: I consider it a first amendment issue, and Ihus protected by the Constitution. We are talking aboul a scenario where people are voluntarily consenting lo either participate in shows, sell items, or strip. There is no harm being done to anybody, so essentially it becomes a morality issue. We are nol talking aboul kiddie porn, forcible rape, or enslaved workers. We are talking about people who show up to work of Iheir own free will. Just because their office is not the same as your office, doesn't mean thai their work is any less valid lhan yours. rsßcrc to WOMEN There is obviously a historical precedent in place where - women have been subjugated and treated basically as property. It is difficult to escape our past. But real freedom means thai not only do people have the freedom to say "yes, I'll do it" on their own free will, but it also means the freedom to walk away and say "no, I will nol do il" on their own free will. Unfortunately, throughout our history, women have not been afforded Ihe same rights as men. Their right lo vote, for example, has not always been present in our society. Bui there are some that would take freedoms away in an effort to "protect" their class or group. Do we raise women up as a whole by depriving them of the same rights? Pornography is generally nol considered "degrading to men" for a good reason: Men typically do nol have the same historical relationship when it comes to sex and the sex industry. A lot of pornography lends to portray menas the dominantfigure, and women as the weak, servile type who "wants what she is getting." But will we eliminate the perceplions of sex and women by banning pornography or shutting down sex shops in New York City? We will not. You cannot boost someone's stature by stripping away their rights. You can peel the skin from an apple, but there can still be a rotted core. You don't have to like pornography in order lo recognize lhat it should be protected by the First Amendment. Justices Black and Douglas were staunch supporters of the First Amendment rights as they related to pornography, yet there is no evidence lhat either particularly liked it (there is a story thai when the Supreme Courl viewed movies to judge their legality under the First Amendment, both Black and Douglas did not watch them). Freedom of speech should in theory protect us and allow us to say whatever we want, so long as we take responsibilities for our actions. Flag desecration, so long as you own the Hag, is still legal, though you mighl violate an open flame ordinance. If you falsely yell "fire" in a crowded theater, you may he held accountable for any damage or injuries/deaths that may occur. If you want to hold a Nazi a public street, the courts rally down will protect you so long as you gel the right permits. So it should hold lhal if you own orrent property (and the property owner does not object), you shouldbe able lo say whal you want. If I own a store front, may I display an American Hag? Sure, thai is very patriotic of me! What if 1 want to display my American Hag upside down, as a sign of extreme distress in the country? Some people might object as being disrespectful to the flag, but I don't see a problem with it. What ifI want to display, in a fit of southern pride (I am nol southern, so this would be amazing) a Confederate Flag? There are stales that STILL have the Stars and Bars as a part of their slate Hags! What ifI decide that I want to have a naked person in my store window? Is il ok if it is Michelangelo's David? What if il is a naked mannequin? What if it is a real naked person? Now whal if I had these naked people in my slore, but Ihey were not in the windows, and the windows were such that you could not see in from Ihe outside? Is the mere display of "XXX" and the simple knowledge of whal is going on inside enough to find my shop in violation of some law? Is your law based on morality? Does the naked body offend you? Does the thought of two naked people in the same room offend you? Does Ihe thought of two naked people having sex, watching a porno, or dancing in a bar offend you? based on picking and choosing what should be banned, outlawed, and shut down based on the individual selective morality of some individuals. This is PRECISELY what the Constitution was written to avoid. But our government has surprising willingness lo engage in limiting rights when it comes to morality issues. Bowers v. shown Hardwkk had the government of one state intruding in homes lo stop sodomy between consenting adults and the Supreme Court stood (mostly) idly by. Prostitution has been consistently illegal, yet it involves two adults merely having sex for money (as I've said, we are all prostitutes lo — - our jobs). So Guilliani's stance on sex, pornography, etc. should come as no surprise. One person so obsessed with law and order in his city should be expected to crack down on more victimlesscrimes. But I guess even that stalerrtent is a bit of an error. When the government cracks down on socalled victimless crimes, we are all the victims, as our rights get sliced away ~ one piece at a time. WHERE TO DRAW THE LINE? Those that would legislate W f\U$S 6 morality can show a callous disregard for the Constitution and Bill of Rights. In my opinion, the Bill of Rights was intended to protect speech across Ihe board. There was a lime in this country when a Supreme Court Justice ultered the words "I may nol be able to define obscenity, but I know il when I see it" (Justice Potter). Bui this kind of reasoning is merely Bring Your Submissions to Box 27 by 5 PM Every Thursday. KLCWI 1 PR"ESOATLNCIHUBtfhopGienLrOB,E"1990 �wings, buffalo, edullaw I opinion Vol. 39, No. 1 09.08.98 Hot Spots and Havens of Buffalo A Guide For Those Who Are New To the Area, Or Who Grew Up Here But Lived In A Paper Bag Bars Since Buffalo has more bars per capita than any city in the U.S.A. (something to be proud of), a complete list is of course impossible here. Hence, we offer you a sampling of some bars frequented by law students, or used for law school functions. Anacone's Inn 3178 Bailey Avenue In most people's eyes, Anacone's is first only when we list taverns alphabetically, but for at least one Opinion editor, this bar will always be first in her heart. If you're looking for cheap beer, interesting people, fifty-cent pool, and the best damn beef on week in Buffalo, then trek on down to 3178 Bailey. While not in the best section of town, and probably not the place you'll find your future wife or husband (but definately where you could find your future clients, if you plan to defend drug dealers at any point), Anacone's is a no-b.s. bar for blues lovers (show up on Thursday night for a live band), and people who like their Guinness poured without attitude. Alternative Brews 3488 Sheridan Drive Yup, "1" comes before '"n" in the alphabet, but this place doesn't deserve to be above Anacone's— anytime, anywhere. If you want overpriced "micro"brew (i.e., if you want to pay 3 bucks a bottle for Saranac), go to this colorless alchohol trough and get ripped off. To be fair, I had a nice night there once, but it was entirely due to the company; this bar could serve as a backdrop for a scene in "Friends." Boring, although harmless. Broadway Joe's Main Street, University Heights I've heard you can catch good Phish-esque music there. You can also catch whatever it is lots of underage drinkers have. Every Bar on the Chippewa Strip/Main Street Downtown Buffalo of numerous bars, Chippewa is THE place to be on Home Friday or Saturday night. Whether you dress up and become part of the street parade, or dress down and just watch the fun, Chippewa will entertain you well until last call. If you're looking for a dimly lit, laid-back place, duck into the Star Bar. If Goth music and heavy metal bands are your secret pleasure, cough up the minimal cover charge and check out the spooky people at the Continental. If you're looking for a gay bar, it doesn't get better than Club Marcella. The Atomic, the Zoo Bar, and the King Snake are also favorites of UB Law's finest, and the subway from South Campus to downtown Buffalo will drop you right off near the action. Find a designated driver if you plan on staying past IAM, however—the subway stops running around 12:30. Founding Father's Restaurant 75 Edward Street, just off Delaware Called a restaurant, the Founding Father's is a more than functional pub, frequented by law students, especially those of the Democrat persuasion. It has GREAT food, good beer, and if you're looking to network with local dems while chowing on great wings, this is the place to go. Jack's Place Right Across the street from the law school, under the Triad Apartments A bar. You can drink there. Frequented by law students and some anonymous fifty-ish people. The Marriott Across the Street from the Law School With a conventional atmosphere and a giganticbar, this hotel is the home of the law student "liquid lunch." And dinner. And, maybe, midnight snack. The Steer/Montana Room Main Street, University Heights Host of many a law school function, most people seem to like the Steer. Bear in mind, however: while enjoyable when the site of UB Law Bar Nights, the Steer is usually populated with mateseeking Frat guys who start brawls (the occassionally get can there in record time, police now). Great food in the Montana Room, though. Maybe that's what they fight over. Third Base Main Street, University Heights This run-of-the-mill sports bar attracts a lot of the young-n-single crowd from UB; if you're looking for a date, or just want to watch the game on TV, Third Base is a relaxed, no-frills place to visit. Crowded on the weekends. Coffee While many law students spend their law school careers frequenting bars, trying lo kill off the illogical sides of their brains Molly's Pub with alchohol, we all worship the Main Street, University Heights bean al one time or another. While peopled with the same coffee There might nol be as many coffee undergraduate masses who ebb shops here as there are in Seattle and flow throughout every (where would we put them? All business in University Heights, those bars take up a lot ofroom, the atmosphere of Molly's Pub you know.), but the Java scene here manages to be accomodating to the law student who just want to shoot pool and have some beer. Can get crowded, though. A good place to meet people. The Old Pink Allen Street, near Elmwood Most people would pass this bar by, and for good reason: There is no sign on the front of the building, and only smallish neon beer signs in the windows. Still, The Old Pink draws a decent crowd. Located in the artsy Allentown area ofBuffalo, the bar features a good selection of beer at reasonable prices. The crowd is also fairly casual and the environment is dark and comfortable (illuminated only by...surprise...pinkish-red lighting). They have a pool table off to the side, but sometimes the wait to play is very long. If you want an interesting atmosphere to get drunk in, this is the place to goRendezvous Niagara Street Not in the best part of town, the Rendzvous has the atmosphere and the food to lure you through the vilestcrack alley orthe nastiest gangland battle. Fortunately, things over there aren't that bad, and the reason is probably this bar. If it was in my neighborhood, I'd be too busy to commit crimes, too. Featuring the best Cajun food in Buffalo, and the classiest-yet-laidback(est) atmosphere, the Rendevous is a great place to go if there's more than three people, you all feel like talking, and you want a fun bar to do it in (plus, the bartender sometimes wears vinyl pants). Stimulance 3160 Main Street, University Heights Big and roomy, Stimulance is a University Heights institution, and the scene of many an Opinion editorial meeting (in the interest of objective reporting, we're telling you what side our bread is buttered on). Aside from open mike night on Mondays, and the occassional show, this shop is a great place to study, with big comfy couches, and a covered outdoor smoking area (open for at least another month). People at Stimulance aren't afraid to ask you whatthe hell it is you're doing (my first conversation there: "What are you doing?" "Trying to memorize the meaning of Federal Rule of Civil Procedure 12(b) (6)" "Oh yeah? Gee...that sounds...fascinating...."), and if you're lonely, it's a good place to trawl for friends. Right across from the Steer, Stimulance is the second half of the caffeine/ alchohol speedball that many law students like to partake in. Other Cool Places Whether you 're looking for rare books, used records,oo the r essence of what makes Buffalo a pretty interesting town, this list is the completely partial, assuredlyis alive and well. Here are some incomplete catalog to help you in your quest. If you have anything of the more famous places. you 'd like to add to it, feelfree lo write the Opinionand give us your Coffee Bean Cafe 3268 Main Street, University contribution. Share the wealth. Heights This tiny coffee shop will always offer you a friendly smile and a quiet place to study—except at night, when various local artists take over a quarter ofthe shop and Talking Leaves Bookstore University Heights The last independent bookstore in Buffalo, Talking Leaves offers a wide variety of alternative sing...very loudly. If you're in the publications, legal philosophy, mood, it's enjoyable. The artists and just about every other kind of are generally of the folk rock book you could be looking for. persuasion, and usually have the Membership, which costs $5 for sense of humor that goes along a year, will get you %10 off of with being an older folk artist in books, calendars, and most Buffalo (let's just say, the success "special" orders. If you're looking of Ani DiFranco hasn't swelled for a book, these people will track their heads any). The other night, it down for you. If you're trying there were a coupla guys there to find something but can't singing humourous renditions of remember the name, chances are Simon&Garfunkel tunes; they a description ofthe subject matter were called "The Viagra Frontier." will be enough of a clue to help Java Temple the over-educated staff find what it is you're looking for. Since 57 Allen Street, Allentown Barnes&Noble, etc, will soon be Quiet, funky, and reasonable, Java raising prices to fight that lawsuit Temple is a fun place to play chess or curl up withthe latest Torts best seller. Allentown is always out on the west coast, buying your books at Talking Leaves is a good move all around. beautiful at night, and visiting JavaTemple is the kind of trip that North Buffalo Food Co-Op and lets you imigine you're traveled Vegetarian Cafe to Greenwhich Village (if you University Heights pretend you had a hard time Inexpensive bulk food from this finding a parking space, and are "thinking globally, acting locally" careful not to look around for a store is a great way to say money to buy more text books. For $15 skyline). Starbuck's Everywhere. Hey, look, they just bought your house and turned it into a coffee shop. Needless to say, Starbuck's is a fortress of homogenous corporate Evil. It brews some tasty coffee, though. 7 a year and three hours of work a month, you get 10% off all purchases. A great place to shop if you're a vegetarian, or justwant to look like one. Bring your own bags when you shop, though, or you'll look like a schmuck. The food at the Cafe is out of this world good. World Wide Music 3100 Main Street Their selection of new music is limited, and the new music prices aren't exactly great. But what sets them apart is that they have a pretty decent used CD section in the middle room (the store is divided into 3 rooms Ist room has new music, 2nd room has used music, and 3rd room has sega-esque video games). If you are willing to dive into their used music bins, you can find that used Tori Amos CD you must have, or that crazy Voivod album that comes with the 3D glasses, or lots ofother pleasant surprises. The used CD prices are pretty onpar for what you'd expect, and its worth a look. - Das Boot 1086 Elmwood Avenue ["Elmwood Strip"] If you are looking for a pair of 25 eyelet Doc Martins, red sparkling glitter boots, and a pair of Union Jack shoes, come here. They have an unusual selection of shoes and boots. Not the sort of foot attire you would want to wear at your graduation or first job interview, but for shoes people will notice, this is the place to go. Home ofThe Hits 1105 Elmwood Avenue ["Elmwood Strip"] A mostlypunk and ska selection, they have a lot of interesting albums at Home ofThe Hits, but I doubt many of them were ever "hits." Mondo Video 1109 Elmwood Avenue ["Elmwood Strip"] For all those movies that you can't find at Blockbuster, Mondo Video is the place to go. Videos are sorted by director, and this place is a dream come true for the film afficianados in all of us. Great porno section. Great foreign films, and a complete selection of Blaxsploitation flicks. And every foreign film you could possibly want. New World Records 512 Elmwood Another independent music store (like World Wide and Home Of The Hits), their selection is pretty diverse, ranging from obscure international to 80's to modern top 40. Their prices are not the exactly greatest in the world, but their wide selection makes it worth looking into. Old Editions Book Store Main Street If you are looking for quality second hand books, this place has it all. From legal philosophy, to obscure treatises on Buffalo architecture. Not the place to unload your old textbooks. Do you know any other cool places you'd like to plug? Write the Opinion! Box 27 �Vol. 39, No. 1 wings, buffalo, edul lawI opinion 09.08.98 These are the people in your neighborhood... ...in your neighborhood... ...The people that you meet, while you 're walking, down the street... The people that you meet each day! Continued from page 1 party at Pistachio's. Students mingled, ate, drank, and discussed their impression of the first week of law school. The new law students had differing perspectives on their first week of law school. "A little overwhelming" said Pietra Lattieri, IL, "but I can tell everyone is going to be helpful." Many other students agreed with Ms. Lattieri's view of the first week. Janice Slaton said that the week was, "not what I expected, but I'm enjoying it." Theresa Ferrara added, "I didn't expect everyone to be as friendly. I think this will be a wonderful school to get my education at." Finally, Peter Nicely said, "It's supposed to be orientation, but I feel kind of disoriented." Besides the eating and talking, there were also a number of speakers at the party. Ilene Fleischmann, Assistant Dean for Alumni, informed students that the Annual Convocation will be held on November 14th, and that the prestigious Jaeckel Award would be bestowed upon Judge Joseph Petoria. Finally, Dean Nils Olsen spoke of the special relationship with alumni that the school has and is continuing to develop. He stressed that a lot of the additional funding that the school is receiving for its capital improvement projects is coming from this group. All in all, the week seems to have gone rather smoothly. Now the lLs face the substantive courses and 3 years of law school. Alumni Frank Dolce, class of '79, offered students the following advice: First, he said, it was imperative that they try to secure employment in some legal Public Relations and Communications spoke first, welcoming the new students and encouraging the first years to meet and get to know the alumni who were both at the party, and also in our legal community. Next, Associate lustice of the New York Supreme Court and UB Law President of the Alumni Association Barbara Howe spoke, encouraging the 1Ls to become a part of the active legal community they are now joining, stressing the importance of the relationships they can build if they will take the chance to reach out. Alumni Association President Elect Kenneth A. Manning, Esq., a partner at Phillips, Lytle, Hitchcock, Blame & Huber LLP, endeavor to exercise the arts followed Judge Howe, and 8 they are now learning in law can pay off down the road. school, even if such Dolce cautioned that while employment is voluntary. we work in an adversarial Next, he stressed the system, we must not allow importance of developing ourselves to treat each other "honest constructive and abusively because of it. helpful relationships" at this Finally, he recommended level. He pointed out that we that lLs read Ralph Nader's are all members of the same No Contest for further community and that the guidance on the types of relationships we develop now abuse that can arise from the judicial process. Criminal Law Society Presents: Career panels in prosecution and defense this fall. Herbert Wexler Criminal Law Competition, practice interviews this Email spring. Meeting TBA. LESWlFT@acsu.buffalo.edu with any questions. QfJJ) cSecool-stay INLAVVSCHOOI^ � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Opinion, 1998-09-08 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. The Opinion no. 1 08.09.1998 Date Issued Date of formal issuance (e.g., publication) of the resource. 9/8/1998 Bibliographic Citation A bibliographic reference for the resource. Recommended practice is to include sufficient bibliographic detail to identify the resource as unambiguously as possible. 39 1 Publisher An entity responsible for making the resource available University of Buffalo State University of New York at Buffalo Law School Language A language of the resource eng Type The nature or genre of the resource Newspapers Text Is Part Of A related resource in which the described resource is physically or logically included. LIB-LAW003 Rights Information about rights held in and over the resource <a href="https://rightsstatements.org/page/CNE/1.0/">COPYRIGHT NOT EVALUATED</a>. The copyright and related rights status of this Item has not been evaluated. Please refer to the organization that has made the Item available for more information. You are free to use this Item in any way that is permitted by the copyright and related rights legislation that applies to your use. This digital collection is made available for research and educational purposes. Researchers are responsible for determining copyright status, and securing permissions for use and publication of any material. Copyright for items in this collection may be held by the creators, their heirs, or assigns. Researchers are required to obtain written permission from copyright holders and the University Archives prior to reproducing or publishing materials, including images and quotations. For inquiries about reproduction requests and permissions, please contact the <a href="http://library.buffalo.edu/archives/">University Archives</a>. If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/42272ad3e8b9202590c279aafe0d1366.pdf d4f01a4cde0fa7ef4802462c4ce85863 PDF Text Text OPINION Vol. 38, No. 16 "Vi veri veniversum vivus vici." 4.20.98 LL.M. Program Planned for Next Year Pending Approval will give law students already holding the JD degree the opportunity to expand their knowledge of criminal law theory. Applicants to the program will not need to have concentrated in criminal law for their JD; however, they should have had good grades in law school. Ms. Carrey explained that the program will be suited for district attorneys, prosecutors, and anyone else interested in criminal law. L.LM. students, it is said, will need to take 24 credits to graduate. Full and part time study will be available. Tuition will be slightly higher than regular law school tuition. Frank Jacobson, a CriminalLaw Center fellow, indicated that the movement to get an LL.M. program at UB Law is in large part due to Professor Markus Dubber. Commenting on Professor Dubber's achievements at the Law School like setting up the Criminal Law Center and the LL.M. program he said, "He gets shit done". by Sol Sandberg The University at Buffalo School of Law is planning to offer a Master of Laws in Criminal Law in 1998-1999, according to the Buffalo Criminal Law Center's site on the Internet and students involved with the Criminal Law Center. However, the decision to go public with the program has not yet been made by the administration because the program has not yet been approved by the necessary accrediting authorities including the American Bar Association, the Department of Education, and the University at Buffalo. It is not clear at this stage whether the school will offer the LL.M. degree next year for other subjects besides criminal law. Corinne Carey, a fellow ofthe Criminal Law Center, said that the Masters in Criminal Law will be a one year program which May Day Celebration to be Held SBA Approves BPILP/CO-OP Fellowships by Mindy Marranca at Professor McCluskey's House On Tuesday, SBA approved the recipients of the Summer Co-Op fellowships. A co-op fellowship is jointly sponsored 1998 an SBA organization, BPILP, and SBA. This year three by organizations raised the required $1000 to be able to sponsor a summer fellow. BPILP, SBA and the participating organizations are proud to announce this year's recipents: LALSA Co-Op: Irma Jaimes-Solis, IL, will be working by Sol Sandberg UB Law School and the National Lawyers Guild will be sponsoring an" End of the Year Celebration" on May Day, Friday, May 1, 1998. The celebration will be held at 4:30 p.m. at the home of Professor Martha McCluskey. Refreshments and live entertainment will be provided. Kids and families are welcome to Continued on page 5 attend. Inside... 8 Law Students with Kids Law Students Ripped Off. 12 Images in Male, the Anarchist, and Katie's Corner. 9, 6, and 10 Plus more reasons to love the Law At the celebration, Dean Nils Olsen will make introductory remarks. Guests are asked to bring a desert or beverage to share, and are encouraged to discuss activism at ÜB, public interest law, and the future of ÜB's Guild Chapter. Special End of Year Issue / 1 �Editorial: Veni Veni Veni Vale Well, the Opinion has wined you, dined you, edified you...and now, like the one who wouldn't stay for breakfast, is about to leave, just as the going gets tough. It's finals time, folks. Time to hit the books. But Cole! I hear you cry, The staffspent hours and hours, every week, churning out news, commentary, and those cute little cartoons, justfor us! We can't live without you! Don V stop now! Alas, gentle readers, it must be so. But don't worry. We'll be back next year. Fat lot of good that does us/ Whatabout next week? I'm an addict! I can't live without it! I NEED the Opinion/ Every rose has it's thorn, kids. The year's over. Deal with it. Fine. Fine. You know, I always liked the Law Review better, anyway. Okay, whatever. But we'll be back next year, and it's time to let you in on a few of our trade secrets of the future. Over the summer, the Opinion will be planning, plotting, and politicking, girding itself to meet the ever-increasing, serialized needs of the thriving UB Law community. Our first priority (and itreally is a priority) is a revamping of our advertising department. Since the new regime has taken over the Opinion, there has been little to no (emphasis on the "no") advertising in this paper. This is because no one stepped forward to do it, despite repeated requests on the part of the powers that be. It was then decided that it was more important to provide a consistent, interesting publication, to serve as the primary communicative conduit for the law school. However, the Opinion staff has not been unmindful of the serious problem presented to us all by a lack a Bar Review advertising. Editor in Chief S.A. Cole Graphics and Layout Editor Business Manager Managing Editor I Managing Editor II Op/Ed Editor Ken Grant Dan Baich Cindy Huang Joe Huang Over the summer, the Editor-in-Chief will be coordinating a system of commissioned advertising, so that law students (who have little or no incentive to hit the pavement and contract an ad from Central Park Grill), will no longer have to provide this service. In a goodwill gesture to the larger UB Community, we are offering these positions to the newly formed pre-law undergrad group at SUNV B. This way, law students don't have to deal with advertising, and pre-law students get real law school experience. According to ourplans, the paper should operate not only the black next year, but we will be able to afford a significant in upgrade of our office's less-than-state-of-the-art computer equipment (you'd think a newspaper at progressive law school would have something a little fancier than Wordperfect 5.1 on it's hard drive). The goal is to leave the old system lying in the dust. That way, whomever takes over the Opinion in Fall '99 has a workable advertising system to fund the paper, and equipment to do a top-notch job of producing it. More immediately, the Opinion will create an orientation issue over this summer, to welcome the incoming students. ATTENTION LEADERS OF STUDENT GROUPS: We would like to have information on all the student groups in this orientation issue. This way, students will be presented the informationabout their new school in a friendly, accessible format (efforts will be made to assure the readability and entertainment level of this special issue). Only the Moot Court and the Law Review get to speak at the Orientation meeting, but the Opinion can assure both your group, and incoming students, that the full panorama of available activities will be presented to students as soon and as Continued on page? Staff: Pepito Gomez Columnist News Reporter Columnist Columnist Columnist Russ Klein Web Editor News Editor Staff Psychiatrist Kristin Greeley Kevin Hsi Randy Janis Katie McDowell Adam Perri Sol Sandberg Photographer Russ Klein Ken Grant The Opinion,SUNY at Buffalo Amherst campus, 7 JohnLord O'Brian Hall, Buffalo, New York 14260, (716) 645-2147, is published weekly throughout the Fall and Spring Semesters. The Opinion is the student newspaper of the Slate University of New York School of Law. Copyright 1998 by the Opinion, SBA. Any reproduction of materials herein is strictly prohibited without the express consent of the Editor-in-Chief and piece writer. Submission deadlinesfor all articles are every Wednesday preceding publication (if it'son disk, you can push it lo layout lime on Thursday...no later that 6:00 PM, please). Submissions should be saved in IBM Wordperfect 5.1; please enclose printed copy for safety's sake. Write your box number on your disk if you want it returned. While the Opinion will not print libelous or anonymous material, all submissions shall be printed entirely and exactly (so proofread your materials), provided Ihey are signed submissions from a member of the UB Law community (students, faculty, staff, alumni). The OpinUm in no way endorses the viewpoints of its various columnists and contributors. Considering that the Opinion isn't actually a sentient being, it also doesn't think there's anything wrong with any viewpoint expressed in this publication. VS Veri Veniversum Vivus Vici. "We have a First Amendment and we know how lo use it." 2 �Editorial... Continued from page 2 WE GOT LETTERS! engagingly as possible. And of course, the Opinion is actively seeking new staff, to make our paper a true forum for non-biased, community expression. Ideally, we will have a Minority Affairs Editor (or a bunch of Editors for any single or combination ofminority affairs I would like to address Mike Cerrone's April 6th letter to they choose to cover), a Sports Editor, two News Editors, and a slew of new columnists and cartoonists. We already have plans the Opinion. Cerrone says he is supportive of gay rights, but he for an advice column (sent to us by two ambitious students), and does not think immigration benefits should be given to partners of a Features Writer (who hopefully will be cajoled into being an gay and lesbian people at this time. Cerrone's reason for withholding Editor). Remember: it's better to have everyone contribute once equal (not preferential) immigration rights from partners of gay and lesbian people is because gay and lesbian partners are not than to have the same five people contributing every issue. We would also like to have every student group appoint allowed to marry. Specifically, Cerrone said, "However, in the absence of one member to be the "Opinion liaison," so that we always have widespread recognition of gay marriages in the United States, gay timely and accurate information regarding everyone from the should not be given a preferential immigration status. Gay partners Asian American Law StudentsAssociation to the Students of Law advocates should concentrate their reform efforts in the rights for Animal Rights. If student leaders have any questions about of domain law first and immigration law will follow." family this, feel free to contact me (Cole). and lesbian partners do not want preferential First, gay The staff had a good, productive time working on the status. immigration Straight couples already have preferential Opinion this semester. Last week, we sent in UB Law's entry to status. immigration Gay and lesbian couples want equal treatment. the American Bar Association/Law Student Division Newspaper That would mean removing the preferential status accorded straight Contest. The results won't be announced until this summer, at or couples providing gay and lesbian couples with benefits that the ABA conference in Toronto, but we're keeping our fingers exist for already straight couples. crossed. Actually, we're preparing our fingers for whatever gesture Second, marriage is not the only way to determine whether may be appropriate when they announce the results...rest assured or not people belong to a family. Some gay and lesbian couples we will keep you posted if we win. have commitment ceremonies, get benefits from their partner's I would like to take, of course, this very cliche opportunity to thank the people who made the Opinion such a health insurance policies, and adopt children. These are only some success this semester. In particular, Russ Klein and Ken Grant of the way to meet the heterosexual definition of family. Third, there are people who do not want to make benefits come to mind. Without them, my theories regarding weekly publication might never have come to fruition. I would also like contingent upon marriage. Cerrone assumes that all people want to continuerewarding the unionof two people by conferring benefits to thank the many columnists who contributed to theirlaw school newspaper, who made a diverse and passionate forum for on them. Concentrating our reform efforts on something not all of discourse. This goes out especially to Adam Perri, who took a us want buys into the existing model without leaving room for other licking and kept on ticking, like the goodmoujik he knows himself opinions. It also assumes that the gay and lesbian voice on this at heart to be (hey, he's not the only russophile around here...just issue is or should be unified behind the heterosexual model. Cerrone's assertion that gay rights advocates should one of the better ones). Might I add, and I'm not getting paid to say this, that concentrate their reform efforts in certain places assumes gay and Makin' Copies did a consistent, excellent job of getting us our lesbian people should be the only ones taking up this fight. I am reminded of the quote by Pastor Martin Neimoller: paper on time, always. I highly recommend them. "In German theyfirst camefor the communists, and I didn t Next year, we may be on newsprint, it's hard to say right speak up because I wasn 't a communist. Then they came now; public opinion seems divided over the issue. But either for the Jews, and I didn'I speak up because I wasn V a way, look for the Opinion nestled in your boxes that first week of Jew...Then they came for the Catholics, and I didn "t speak school. For those of you who always throw the damn paper out, up because I was a Protestant. Then they came for me— there will be a special box for you, labelled "I have no Opinion," and by that time no one was left to speak up. " right next to the recycling bins. Each of us is responsible for fighting oppression and What kind of a law student doesn't read the paper? when we see it. We are especially responsible when we injustice a Have good summer. Congratulations to the graduates. To the class of '99, one more year to go—let's make it a good one. call ourselves supportive of something. We define family in more ways than couplehood. Families include parents and children too. Immigration law recognizes this. -S.A. Cole, 2L If we can expand immigration status from allowing the spouse of a citizen preferential immigration treatment to allowing parents and children of a citizen preferential immigration treatment, why do we not also allow the partner of a citizen that same treatment? That would allow equal preferential treatment from the ones who already Dear Editor ofthe Opinion... Translation of Motto: "I'm second in line. I'm the receive it. leader of the followers" - (Howie Beyer futuie 1L?) Continued on page 4 For $6. 3 00 your name could be here. The price has gone up �letters to the editor... Continued from page 3 Lavi Soloway pointed out that straight couples do not have to been married to get preferential treatment. Engagement can be proof enough to garner an expedited immigration and naturalization process. Cerrone also said, "If we add a new category ofpreferential immigration status that can be faked, like gay partnership, it could lead to even more abuse and defrauding of the immigration laws." If Cerrone has three years of experience in immigration related fields he must be aware that fraud occurs in immigration law when an immigrant, regardless of orientation, marries a citizen of the opposite sex solely to receive preferential immigration status. By allowing gay and lesbian partners equal immigration rights, we will be doing away with fraudulent marriages committed by gay and lesbian immigrants. The problem offraud seems to me to lie in the requirement ofmarriage, not in the sexual orientation of the immigrant. It makes more sense to eliminate the restriction against gay and lesbian partners if the goal is to cut down on marriage fraud because those gay and lesbian people who fake a marriage will not have to fake it any more to be allowed to immigrate. Finally, not once did Cerrone mention lesbians in his letter. He spoke only about gay partners, gay marriages, and gay rights. I am frustrated at being ignored by Cerrone's insensitive use of language that marginalizes women. Please be aware that some gay women call themselves lesbians and prefer to be addressed that discriminatory policy before action is warranted? A few million? A few thousand? A few hundred? Is there a magic threshold where an issue suddenly affects enough people to make it worthwhile? The fact is that there are literally thousands of gay and lesbian partners of U.S. citizens faced with excruciating choices. Does the "alien" become "illegal" in order to stay with the woman she loves? Does she go back to her country of origin and keep trying to work within a system which is stacked against her? As was stated earlier, immigration law is family law for thousands and thousands of gay men and lesbians, as it is for thousands and thousands of heterosexuals. The potential "administrative problems" and "fraud" that could result from according gay and lesbian partners immigration benefits equivalent to their heterosexual counterparts is a diversionary argument. For example, this same kind of argument is often used to combat efforts for domestic partnership benefits. Immigration fraud exists now. It exists within heterosexual marriages, and it certainly exists within corporate immigration activities. Of course, there is no effort underway to eliminate these avenues of immigration. There is no reason to believe that gay and lesbian partnerships would produce a greater extent of fraud. I would venture a guess that flocks of potential immigrants are not going to be claiming a new, false gay or lesbian identity for immigration status. Will some? Sure they will. But I highly doubt, with a homophobic environment within the U.S. (despite noticeable progress) and withoften homophobic countries of origin, that scores way. will come forward. Probably far far less fraud than within the Tennessee Dickenson, 2L highly praised and coveted heterosexual union. Finally, it is worthwhile to briefly address the distinction This letter is in response to Mike Cerrone's letter to the between "legal" and "illegal" immigration. It is incontrovertible Opinion concerning immigration law as it relates to gay men and that those with educational, class, national origin, and yes, lesbians. He stated that, in his opinion, gay rights advocates "need heterosexual privilege benefit greatly from U.S. immigration to: (1) change the landscape of family law in the United States, (2) policy, bestowing upon the chosen few, "legal" status. The assess the need for such a category of immigrant status - are there categories of "legal" and "illegal" need to be scrutinized and not really that many gay partners outside ofthe United States who desire just accepted as objective. These are the very categories that gay to immigrate together?, and (3) study the effects of such a new and lesbian advocates, as well as numerous others, are calling into immigrant category on fraud and abuse of the immigration laws." question. They are highly subjective and cannot be dismissed for Mr. Cerrone states that he is "supportive of gay rights" other than what they are choices made by persons in positions of and I certainly welcome this statement. However, I do question power to include and exclude. what his definition of gay rights really means. Does it not include This response is meant to challenge certain assumptions the ability to choose one's partner and to have the option of living about immigration law as it relates to gay men and lesbians and to in the same country? I would certainly hope that a "gay rights" provide a broader perspective on the policies affecting gay and position would include such a fundamental choice. lesbian partners ofU.S. citizens - here and now, not in a theoretical Mr. Cerrone states that gayrights advocates need to change future. the landscape of family law. Of course, gay and lesbian advocates are addressing "family law" issues. And furthermore, immigration Kristin Long, 3L law is family law to thousands of U.S. citizens of all sexual orientations. Battles must be fought on all fronts and many of us simply don't have the luxury of"concentrat[ing] [our] reform efforts Dear Readers... in the domain of family law first and immigration law will follow," Thanks for making the Opinion the great as Mr. Cerrone suggests For many, this is far more than a theoretical debate - Real people, right now, are currently affected newspaper it was this semester. It would not have by the exclusionary policies. worked without you. We'll be back next year on Furthermore, putting immigration law on the back burner Day 1. Meanwhile, if you have anything you'd only creates a hierarchy within the gay and lesbian community, the concerns of those who are fortunate enough to fall in like to tell us over the summer, you can contact us favoring love with a U.S. citizen. This, I would argue, is not the aim of a a 1 rklein@acsu.buffalo.edu or liberatory movement. sacole@acsu.buffalo.edu. See you in da Fall! Second, how many people must be affected by a - 4 �Gomez Pumps It Up BPILP Info.. .Continued from page 13 Worker's Center of NYC. CIRCLES Co-Op: Anne Lattime, 2L will be working at the Women's Rights Center of Warsaw, Poland. DVTF Co-Op: Kelly Pickering, IL, will be working with the Lockport, Niagara County Domestic Violence Task Force. at Latino by Denis Uminski Second year law student Fidel Gomez has been involved with the UB Drug Free Powerlifting Club since his freshman year as an undergraduate at the University at Buffalo. Although he is not currently competing, Fidel is still active BPILP GARAGE SALE in promoting the club's activities. He helped organize the club's first sanctioned meet on March 28 at theAlumni Arena and assisted officials in the conduct of the meet. 87 competitors from the western end of the state participated. This is the only sanctioned and drugtested meet run by college students in the United States. Fidel is shown here presenting the trophy for first the place in Women's Division to Erika Frisbie, daughter of 2L Denis Uminski. Erika benchpressed 185 lbs. Stop by and buy what we forgot to put in the Auction! BPILP will be selling all items that were unfortunately not put into the auction or have not been claimed on Wednesday, April 22, from 10-4 and Thursday April 23 outside the library. Exciting and CHEAP items will include artwork, law school review books, Bar/Bri courses, dance lessons and more! There will be a general BPILP organizational meeting on April 23 at 4:00 in room 209. Two New Concentrations by Sol Sandberg Two new concentrations will be offered in the fall semester: civil litigation and health law, bringing the number of concentrations at UB Law to ten. Interested students should contact the R&R office for more information Dean Olsen To Become Dean Olsen? UB To Host Criminal Law Competition by Sol Sandberg Sources indicatethat Dean Olsen has officially applied to replace Dean Boyer as the head of the UB School of Law. UB Law will initiate and host what may be the first intervarsity moot court competition devoted to substantive criminal law, according to members of the Criminal Law Society. The competition, planned to be held in the Spring of 1999, will be sponsored by the Criminal Law Society and the Criminal Law Center. Named after Herbert Weschler, the drafter of the Model Penal Code, the competition will focus on topics in substantive criminal law, like the constitutionality and interpretation of federal and state criminal statutes. The competition will also explore topics related to the Criminal Law Center's federal criminal law reform project. The federal criminal law reform project is an effort of the Criminal Law Center to revise the federal criminal code. The Criminal Law Center has already held two conferences on the subject. According to Richard Staropoli of the Criminal Law Society, the competition is planned for next March and UB Law will have its own intramural competition in February. Staropoli explained that so far a mass mailing has been sent to a large number of criminal law professors, moot court directors, and deans announcing the competition. Staropoli added that there are other schools that have criminal procedure moot court competitions, but he believed that none ofthe competitions were devoted to substantive criminal law. — 1Ls finals are just around the corner, but remember there's still the Casenote Competition! Don't let go of that firstyear-of-lawschool-induced intestinal fortitude and relentless quest for legal excellence. Be strong. Do the Casenote. You know it's the right thing to do. The Opinion received an unsigned letter in response to last week's "Bar Review Monopoly " editorial. The writer pointed out that having a national chain to provide the service isbetter than having to rely on the school. SHOWN HERE: Tuition paying students not relying on UB to prepare them for the bar. m■* http://wings.buffalo.edu/law/opinion 5 i TWIT——TTi— I* —IffiMlflinfllMfflrqflfffflEWWWlMrtMMlII M ,* 'n ' ""'■MMMm �TAHE NARCHIST :.:.\>\_£«JtA' W The Final Stab So, my faithful reader(s), the semester is over, and one full year of Opinion Anarchist is coming to an end. So with this final chance of the year (don't worry, I'll be back next year with my wit, charm, and silky smooth cartoons), I want to address a variety of cool and not so cool topics of varying degrees of interest to the average reader. THE LAW SCHOOL I've come to one very depressing conclusion over the last of year working at the Opinion. It can be summed up in these words: THIS SCHOOL DOES EVERYTHING HALF-ASSED Have you all ever noticed the University At Buffalo, School ofLaw "moot court room?" No? Its a shame. No, it's not a shame that you haven't seen it. Our moot court room is shame. Its actually a complete and utter joke. Maybe it's because I had the misfortune of seeing other law schools before I came to this law school. For example, I visited the University of Toledo (which is another state school), and their moot court room is beautiful. In fact, their whole law school is far more attractive, distinguished looking, and classy. This is not to say that there aren't any things in our law school that I like. But this is a law school, and you expect a little better. Agood comparison onthis campus wouldbe the University's medical school. There is a classy looking building, nice carpet, beautiful student lounge (which incidentally has a pool table and fooseball table free for students to use), etc. Our student lounge? It looks like our moot court room, which is to say its a joke and an embarrassment. I was in one of my classes the other day, and there was garbage strewn across the front of the lecture hall. The first week of the semester, my friend came up here to view the law school, because he was considering attending. So I gave him a tour of the school to show him what it was really like. I was afraid that each lecture hall that I opened up would have garbage all over the place. I didn't even want to show him the moot court room. Remarkably, he still chose to come here next year, but it was only the sheer size of our library (and maybe my explanations) that convinced him. Isn't the administration of this law school even remotely embarrassed about the way this place looks at times? You would think so, but they are able to hide themselves away in theirbeautiful sth floor lounge, which has nice artwork onthe walls, and a pleasant ambiance (unlike our lounge, which has graffiti, a buzz from the vending machines, and the bright lights that say "Coke"). Do they not realize that some students literally spend all day and all night here? For the amount of money we are paying, we deserve better. Where is all the money going? There is a rumor of a new lounge for next semester, with swipe card access. I'll believe it when I see it. There were rumors of a new lounge when I started my first year, and they haven't changed this year. It's something that needs to be done now, not over the summer. And then when they are done, they can do something about making the rest of the school (/e the moot court room) look nice too. I know funds are always limited but there are some things that just have to be dealt with here! What kind of grading system is H Q Q+ Q- D F? Our grading system is supposed to be non-competitive. The only way our grading system is non-competitive is that it makes us noncompetitive in the job market. And yet strangely, the grading system in its current incarnation, is competitive. A true noncompetitive grading system would contain the following letters: "P" and "F" (or substitute whatever you want to represent "pass" and "fail"). That's all you need. Instead, in an apparent attempt to make everyone happy, they instituted enough variation in the grade to ensure a competitive system exists. Instead of making everyone happy though, no one is happy. You don't get much more half-assed than this. Now, there are some things about this school that I do like. For example, limiting BAR/BRI to one table a actually week is good I can't deal with looking at the swarm of helpless lLs who think that they need that stuff (partially because of upper class reps who badger them into thinking that you won't pass your classes and you won't pass the bar unless you take a prep course - their prep course). I also think some of the professors here are really top notch, dedicated, etc. I know I grumbled in first year Research and Writing, but Professor Nichols really forced me to clean up my writing a lot (Or, as Ralph Wiggum once said on the Simpsons, "Me fail English? That's unpossible!"). Professor Filvaroff has picked up that job in my second year. Professor Miller was fantastic in the class I took her. Nearly all of the professors I've taken have been good quality instructors (sorry if I didn't personally name you). I mean, sure, its nearly May and I'd like to have all my grades from last semester, but hey... Plus, some of the people I've met here have been really cool. So it's not all bad. Continued on page 7 - - - 6 �Misc. Ramblings... Continued from page 6 Hey, I have a solution! Let's move the law school (if not downtown) to Hayes Hall on the South Campus. Now there is a classy looking building worthy of the law school. We would be the envy of many other law schools, don't you think? It will never happen. But boy, wouldn't it be nice if it did? Every time I walk by Hayes Hall, I dream about how everything in O'Brian Hall would fit perfectly. It's sad, really. IRELAND Finally, you may have noticed that this isn't a very political column this week. I guess I could have written about the big peace treaty over Northern Ireland (one that I suspect won't last more than a year — especially with lan Paisleys Ulster Unionist Party, and the Orange Order not supporting it). But there is always hope that there will be peace, and some day Northern Ireland will revert back to its rightful controller, Ireland. PAULA JONES r\ Paula Jones' case was dismissed a couple of weeks ago. I feel bad for her. Whether or not things transpired the way she claims, she is being made a tool ofright wing fanatics who don't care one way or another about her. When her case was dismissed, I saw her "handlers" crying such obvious crocodile tears. Doesn't she see I that she's being used? And when this case is dismissed for good, she'll be dropped by the wayside by these people who care far more about "getting" President Clinton than redressing Paula Jones' 5o grievances. FAREWELL FOR THE YEAR Well, that's enough rambling by me. If you have read my columns and read this one this far, congratulate yourself. You managed to go through one year of anarchy and peace. ANOK4U2. I hope you all have a good summer. If you are graduating, congrats. If not, I hope to see you all back next year, both as readers and writers. Thanks for making this work. tJi. The Robots Are Assembling w> OE) * fjRD "^ y(m <r T/-54 7 «/ /% ToirfTcrPOoppfi'oTo ?Hlki3i it e-Happen http: , World TttftT STUDENT GROUP LEADERS The Opinion will be putting together an Orientaion Issue over the summer, to be given to lL's during their first week here at ÜB. We STRONGLY ENCOURAGE you to send the Opinion a description of your organization and Contact people so that we can make our new class mates aware of all that UB Law has to offer! Please send your materials, by August 20, to: or rklein@acsu.buffalo.edu sacole@acsu.buffalo.edu. See you in da Fall! buffakxtdufe/opmton 7 �Raising Children, Learning the Law For most, law school is a gauntlet best run while one is in the position to make it the sole focus of your life. When you're responsible for raising and supporting a child, however, there is no putting your offspring on the back burner. Parents who attend law school have some of the most hectic, and perhaps rewarding, lives of anyone here at ÜB. The Opinion talked to some of these hard workers over the course of the Spring semester, asking how these students cope, and how they balance their lives. Next year's SBA President,Tonya Guzman, 2L, is a good example of this type of balance. Aside from being an SBA rep this year, Guzman judged for the Moot Court, while commuting to school from Rochester, and raising the baby she gave birth to last year during school. For Guzman, her husband is the key player in her support system. Guzman is the contact person for the Law School Parents Support Group at the School. "We haven't really gotten to meet much...no one really has the time. And we never have a time when we can all get together." students, they do extra things. When you have a baby, you don't do those extra things. You go home, and you take care of her. But it's worth it. "I don'tknow how someone could do it alone," concluded Cerrone. For most of us, who don't know how anyone could do it at all, so Cerrone's comment could be made of anyone raising children and trying to navigate their way through law school. But Cerrone also said, "You just get it done, you do what you have to do," and that's what single parents in law school do. One such single parent in Sheila Dickinson, 1L Sheila, an older student who had a career in Chemical Dependency counseling before she decided to come to law school, has four children, ages 9-19. She is raising them on her own. "It's really difficult, in law school, because not many people are in many position, " said Dickinson, in interview. "As an older student, not many people have had the experience I've had--and none of them are in the same position." For Dickinson, having children, and being an older student, are parts of the same parcel. It sets her apart from the average law student, who at least IBut she does have a sense of how the law school parents cope. "We just do it. Whatever you want to do, you can do it." Guzman also has a strong family network, and her grandmother helps with babysitting 2L Michael Cerrone and daughter when necessary. This strong family network is for the common has time on the weekends to go out, grab a beer, and socialize with their peers. But for Dickinson, who is balancing law school with her roles as a mother and homemaker, the weekends are when she cleans house, successful law student and parent. "1 don't know how I'd manage if it wasn't for my wife and family, " said Mike Cerrone, 2L. "Sometimes, you just need some time off. She's so lively, giggling, walking...it can take a lot out of you." For those of you who were in last year's section U, you may remember when Cerrone was anticipating the birth of his daughter, now overa year old, whilethe maioritv of us were simnl v trying to cope with the stress of Civ Pro and Constitutiona Law. For Cerrone, however last year brought him an even bigger challenge than law school--the responsibility o bringing up a new baby. "My wife is a or spends time with her children. Thomas... Dickinson has, however, found a core group of older students who can at least identify with her position. "There are about four of us...we hang out at the back ofthe classroom. They're very supportive. It's nice to be with people who understand." Paul Barr found understanding to be an important part of balancing his law school career with his role as a father of three. Barr, a 2L, brought his youngest child, a toddler, to Research and Writing once last year. It was either bring the child, or skip class. When Barr entered the room with his son (see the picture...he's the smallest one), Professor Constantine said, "You've got to be kidding." "But just a little while later," Barr concluded the tale with a grin, "She was teaching the class while holding him in her arms." student, too," said Cerrone "We live near my parents, and they help us with babysitting The teamwork is incredible It's the only way I could do it." Of course, there are some sacrifices. "Other 2LPaul Barr 's children, Shannon, Chelsea, and Cerrone's girl, a future law student ? by SA. Cole 8 �Images In Male characteristics acquired during life were passed along to offspring. This is a Lamarckian view, even though Lysenko was careful to eschew explicit mention of Lamarck] At the end of his speech, Lysenko announced that his views of biology had the support of Stalin and the Central Committee of the Communist Party. [While his support in the Central Committee was tenuous, Stalin himself had edited drafts of Lysenko's speech, and made changes. 7 ] This announcement put the geneticists on notice that bad days lay ahead. Several scientists recanted the favorable views of genetics they had expressed at the conference a few days before, and many Soviet agro-biologists and geneticists lost their jobs and were banished from the community of scholars. Biology was the first science to receive instruction from the Party on how it should unfold. The other sciences received similar instructions in subsequent years. Why did Stalin and the Communist Party care about the substance of biological theories? Communism claimed for itself the prerogative to remake the human race and re-form the human species. In order to do so, the human clay remolded in the hands of the party must be susceptible to such reforming Inherited, genetic characteristics could not be manipulated by altering the social setting in which they appeared. The Bolshevik revolution and the subsequent worldrevolutions expected to follow claimed to have swept away all the socially constructed principles of human life that men had previously ascribed to natural law. And yet, the discoveries and triumphs of a handful of scientists opened the possibility that biological organisms possess qualities that make them difficult to play like a harpsichord, or operate like a marionette. A totalitarian movement cannot tolerate a heresy in its midst. For the Soviet regime to last, genetics had to die. The only heartening part of this story is that Lysenko now occupies an ignominious place on the ash-heap of history. We can only hope that ruthless people in our own age who employ their skills and energies to compel ideological conformity in a scholarly environment share a similar destination. The author of Images in Male, not feeling particularly ornery this week, turns his attention to a forgotten historical episode that illustrates the interplay of ideology and scholarly inquiry. In the 1920s and 19305, Soviet agriculture attempted to recover from the multiple shocks of Russian Revolution, the Civil War, and the collectivization of agriculture. The study and application of Mendelian genetics in this period contributed to the development of hardier and more prolific crop strains 1 , and Soviet biologists could claim that the work they performed was on the cutting edge of biological research. The achievements of Soviet genetics were so enviable that Moscow was selected as the venue for the 1937 Genetics Conference. 2 At the time, many Soviet and most foreign biologists accepted the chromosomal theory of heredity, in which a organism's inherited and inheritable traits resided in a "hereditary substance" that was unaffected by the external environment that shaped or altered the organism itself. Applying this theory of heredity, Soviet agro-biologists enjoyed some success in mixing two different strains of grain into distinct strains that exhibited desirable traits from both. In the summer of 1948, a curious speech at the Lenin Academy of Agricultural Sciences (VASKhIL) marked the 3 destruction of the study of genetics in the Soviet Union. A and of 1948 August conference held at the Academy in July discussed various theories of biology and genetics as they relate to agronomy. At the end of the conference, Trofim Lysenko, the President of VASKhIL, announced that genetics as previously conceived was flawed, reactionary, and "alien to the world outlook of a Soviet citizen."4 In his speech, Lysenko insisted upon a new Soviet biology that would deny the importance of genes in heredity, and accept the inheritability of acquired characteristics. In his own words: by Adam Perri We, the representatives of the Soviet [biological] concept, maintain that the inheritance of characteristics acquired by plants and animals in the process of their development is possible and necessary. [...] every biologist [possesses] the means for controlling the nature of plant and animal organisms, the means for modifying it in a direction necessary for practical work through a control of the conditions of life[.]s Footnotes This cursory summary of thebeliefs of the "Mcndelisl-Morganist" school of 'genetics is grossly simplified, and relies primarily on the explanations of "Mendelist-Morganisl" beliefs offered by harshest critics of those beliefs. The author asks the indulgence of any scientific minds shocked at the inadequacies of this summary, and refers those interested in the subject of the Soviet genetics controversy to JULIAN S. HUXLEY, SOVIET GENETICS AND WORLD SCIENCE: LYSENKO ANDTHE MEANING OF HEREDITY (1949). ' The conference was canceled at the eleventh hour, reputedly from fears that any discussion of genetics could be associated with the more radical and pernicious theories of genetics emanating from Nazi Germany. J 1948 marked the culmination, not the beginning of Lysenko's assault on genetics. As early as 1935 he had vilified biologists of the geneticist camp. 'CONWAYZIRKLE, DEATH OF A SCIENCE IN RUSSIA: (1949). 130 5 CONWAY ZIRKLE, DEATH OFA SCIENCE INRUSSIA, 107. 'The experiments ofLysenko andMichurin, another biologist, with winter wheat are described in CONWAY ZIRKLE, DEATH OF A SCIENCE IN RUSSIA, probably on 17. 7KIRILL RUSSIANOV, STALINAS LYSENKO'S EDITOR: RESHAPING POLITICAL DISCOURSE INSOVIET SCIENCE, available at http.ll mnse.jhu.edu/demolconfigurationsll.3rossianov.html. Lysenko went on to deny the hereditary theory of the origin of species, and offered the results of various experiments with the "vernalization" of winter wheat to establish that a seed's environment can be manipulated and controlled to induce changes in the strain within two to three generations.6 [It is important to recognize that Lysenko insisted that changes in the strain came from the changes to the organism of the seed resulting from external forces. Lysenko insisted that changes to the strain did NOT come from natural selection/competition, in which the seed withthe genes for characteristics making it most likely to thrive in a given environment would thrive and multiply. While espousing Darwinism, Lysenko dismissed natural selection as an erroneous, Instead, Malthusian aberration in Darwinian thought. Have a good summer break. 9 �. LITESPHOR"UEMDNTS REAMS" Katie's Korner ty^oS^iTlN/ V-~X*-<\B Submitted by Katie McDowell The Good Angel by Rafael Alberti The one I wanted came, he one I called. Not the one who sweeps away defenseless skies, stars without homes, moons without a country, snows. The kind of snows that fall from a hand, a name, a dream, a face. Not the one who tied death to his hair. The one I wanted. Without scraping air, without wounding leaves or shaking windowpanes The one who tied silence to his hair. To scoop out, without hurting me, a shoreline of sweet light inside my chest so that my soul could sail. 1 &otiHf{ CRY., ocpij lq ok > ffrj otH £R Victor -Boys oH, to T\\£ I{?V£l.u\te: covert LrtfE M %. f Ma rPk „„ . „ »■■■■■■■■■■■■■■ SCHOOL CLfIS^LLY. There were two ships...one had red paint one had blue paint. They collided. At last report, the survivors were marooned... } 10 Vi,t H IS Stiff �where between 50 and 75K; occupational therapists and physical therapists expect 40 to 60K start; public school teacher in the thirties. A computer animator in California I know of is now earning If you are approaching the end of your first year and don't 60K. All of these are less intense majors, and you can not do any of really want to be a lawyer, but are remaining because you've been them with a law degree. People commonly rebut the value of these sold on the "what a great education law school is" argument, this is majors by saying they hit a ceiling quickly. Perhaps. But if you your last and best chance to take a leave of absence or quit with know anything about economics then you understand that a dollar minimum losses oftime, money and emotional drain— while maintoday is worth more than one received tomorrow, due to compound taining some of the intangible benefits of a legal education. interest. So you may one day surpass that pharmacist's 75K. But if The decision to leave law school is a grave one that pharmacist invested, she'll be ahead. Further, many lawyers and I am not advocating it. But since the bulk of your friends, only dream of ever earning 75K. peers, advisors and relatives will advise you on the benefits of stayAfter completing your first year you have gained the intaning, someone ought to help you look at the other side. gibles oflaw school. You now know some basic legal concepts and Law school can represent a real financial burden to you. have an idea where to find them if you don't. max out on your student loans, as I have, you'll have inyou If Law school is not a vocational school. You will not come over curred fifty thousand in debt. If you pay this at the standard out of school ready to do a job as someone with a paralegal degree, ten year repayment schedule it will cost you around six hundred or a computer science degree. You are receiving a passport into a dollars a month. If you stretchit out your monthly expense will go job at a law office or to opening your own law office. You will have down but your total owed will go up. to pay your dues and learn the law on the outside. If thisis what you Relative to the career options of other less expensive mawant, then law school is the right place for you. But if you have jors;lawyer jobs are often hard to get, don't pay what family memanother plan for your life, the joke may be on you. Most other cabers fantasize, and involve a heavy dues paying process. Yes, their reers require experience and training. Law school and the life of a are many rich lawyers out there and you could be one of them. The lawyer is not what your parents and friends think it is. Leaving here career counselor told me that she is mostly seeing starting jobs of- is a serious decision and I'm not telling you that you should quit just fering in the thirties. I only know of a few law graduates who are because you don't want to be a lawyer; but you may want to think starting at high salaries like in the 80s. I know of other law gradu- about the real costs in delay of your ultimate career goals, life plans, ates who go through prolonged periods of unemployment until they and the serious financial setback this mayrepresent for you. can find a job. The jobs they have may be only starting in the low thirties, high twenties, or in a few rare cases far lower. If you hang By Matthew Clabeaux. 3L in, you may eventually earn "the big bucks." But you may not. From whatI have seen job changes and job dissatisfaction are common among new lawyers. What if you opt for a "non traditional" career? This option exists but is overrated. It is possible that a JD can be used as a "spring board." But many of these people in non-traditional jobs worked as a lawyer first. I think most people who go from law to a high glamour job were good lawyers and were identified by someone as having potential. I am very skeptical that a poor depressed lawyer will be identified by an employer in another field. All of the people I've met with non-traditional careers, who also did not like law, are in jobs that don't require law degrees. This means that they took the long, hard, and expensive way to get their current job. Remember that at these non trad career talks all they're showing you are the people who were positive enough to come here and tell their stories, not those who were not. We're told that even if you are not going to be a lawyer, law school is a great background. You learn how to "glean information" and obtain some other vague "skills." This may be OK for some employers, but this is not that realistic in today's job market. Increasingly everything is becoming more and more specialized, and potential employee's are expected to have directly relevant training and or experience in a particular field. Almost all of the good paying jobs require this. I have seen many job listings for people with knowledge of specific computer languages, but not for people who are "good gleaners." Most of today's good jobs require specializedknowledge. Even those that don't prefer people who were trained in that field. While at UB I've talked with people in other majors to find out about their career prospects. Computer science undergrads tell me they expect to start in the forty's; pharmacists tell me any Considering Leaving Law School 11 �Students Lose In Moot Court Reimbursement Battle SHOW ME THE MONEY medical expenses were absolutely none of her business. When I informed her that I did not bring them with me because I did not expect to be reimbursed for these, she stated that she wanted them "for other reasons." Again, there was doubt. At one point, Mrs. Pavelijack denied that she ever told Mr. Kent or myself that we could rent a car, asserting that she had told us to take a taxi. She then told us that we would probably not be reimbursed for the car rental, but that she would discuss the issue with Dean Olsen. I indicated that I would like to be present duringthis conversation with Dean Olsen. The reason for this was simple: having been treated as we had been, I had absolutely no faith that Mrs. Pavelijack would present our side accurately. During this same conversation, we also asked Mrs. Pavelijack to provide us with an itemized statement of the expenses before they were submitted to Albany for reimbursement. The purpose of this request was to resolve any lingering disputes over certain receipts. I never was given the opportunity to speak with Dean Olsen. Moreover, we never received an itemized statement of the expenses that Mrs. Pavelijack submitted to Albany. For these reasons, it should come as no surprise that our reimbursement fell several hundred dollars short of what we spent, with no way of knowing what was and what wasn't paid for.. I would like to state that I am deeply offended that there have been any insinuations, no matter how subtle, that Mr. Kent and I have been less than honest in our attempt to be reimbursed. We had represented the law school in a national competition, and were proud to do so. Yet, upon our return, we encountered open hostility and doubt. It should be noted that other law students who have competed nationally have encountered similar problems. I find this entire situation appalling. The purpose ofthis letter is to inform the student body of the ineptness and confrontational attitude withwhich a member of the law school administration has handled this situation. I had previously heard various stories regarding the poor treatment of students by other administrators. Now, having seen it first hand, I believe. I don't see how the law school can expect positive evaluations with regard to its administration when it treats its students in such a disrespectful manner. This is truly a shame, especially considering the law school's enhanced curriculum. As a soon to be alumnus, I can expect a phone call in the near future asking me to donate funds to the law school. Before this incident, I would not have hesitated, as I have, for the most part, enjoyed my time here. Now, the school will have as hard a time getting money out of me as I had getting my money out of it. Or maybe I'll just tell them to go ahead and spend the money, and To my Fellow Classmates, I am the Judges Chair for the Buffalo Moot Court Board. As a member of the Buffalo Moot Court Board, I was eligible to participate in a national moot court competition. Last February, Tom Kent and I traveled to Florida to compete with law students from around the country. Initially, I was proud to represent our law school, and I considered myself lucky to be able to do so. However, the way in which the school has handled the reimbursement for my participation in this competition has made me regret my decision to compete. Prior to making the trip, Mr. Kent and I had several discussions with Gloria Pavelijack, the Assistant to the Dean for Resource Management. Mrs. Pavelijack instructed us to keep all our receipts so that we would be properly reimbursed. When we asked Mrs. Pavelijack about transportation between the hotel and the competition, Mrs. Pavelijack explicitly stated that we should rent a car if (1) the host school did not provide a shuttle service between the hotel and the competition, and (2) the competition was not within walking distance. Not once did she ever mention the possibility of taking a taxi. In fact, her only advice to us, with regard to transportation, was that if is was necessary for us to arrange for transportation to and from the competition, that we were required to rent a compact car. Upon our return, Mr. Kent went to Mrs. Pavelijack to request a form to which we could attach our receipts and tabulate our expenses, which we were given. This is where our troubles began. First, when we turned in the form to Mrs. Pavelijack, she became argumentative, insisting that we had used the wrong form for our receipts, despite the fact that we had received the form from her assistant. Second, due to the fact that I had inadvertently lost my plane ticket stub, I had to submit other documentation in order to be reimbursed. Yet, Mrs. Pavelijack, adamantly refused to submit it, stating that the application would be flatly rejected. While this may have been true, I was angered by her refusal to even submit this supplemental documentation, as I would be the one who would be forced to absorb the cost of the plane ticket, not her. Thus, sinceit was my money at stake, I felt that Mrs. Pavelijack was completely out of line. In addition, because I lost my plane ticket stub, Mrs. Pavelijack had the gall to insinuate that I had not even gone to the competition. Apparently, she was unconvinced by my credit card bills, containing my signature, from restaurants in Florida, on the dates of the competition. It was soon to become abundantly clear that Mrs. Pavelijack was going to fight us over every dime. Every I'll reimburse them. by Scott Riordan, 3L meal was disputed, and we learned, after the fact, that while the school would pay for certain meals, tips were not included. Furthermore, on one occasion, I had eaten at a restaurant instead of at the banquet. Mrs. Pavelijack immediately took issue with this expense, informing me that I was obligated to eat at the banquet. and students: I explained to both Dean Cook and Mrs. Paviljack that I had missed Dear faculty, administration name is Thomas M. Kent and I am a 3L. I concur in My the dinner at the banquet because I had to pick up a prescription at Riordan's sentiments regarding our attempt to obtain a the pharmacy before it closed. When I returned to the banquet, Scott money we spent in connection with a national dinner had already been served. Mrs. Pavelijack then asked me to reimbursement for the competition. I had hoped that the nightmare would end turn over the receipts for my doctor's visit and prescriptions. I moot court thought that this was a rather odd request, considering that my Continued on page 13 THE FINAL CHAPTER 12 �The Final Chapter... Continued from page 12 with the submission of our request for reimbursement, but I was wrong. We received our reimbursement checks and they appear to be seve4ral hundred dollars less than what we understood would be submitted for reimbursement. Since then, I have made numerous unsuccessful attempts to obtain a copy of what Gloria Paveljack submitted for reimbursement. Ready to give up on the whole situation, I turned to Dean Marlene Cook for help on April 15, 1998. She helped Scott and I in the past with this nightmare, but she stated that she could not help us obtain the information we sought. She then proceeded to tell me that they had never had a problem in all the time that they had dealt with the moot court until Scott and I came along. She informed me that from now on, students who wish to travel to competitions will have to sign all sorts ofwaivers (a bill ofrights if you will) before they travel, including one in which they will have to agree that if they lose they will have to return home immediately, rearranging their entire travel schedule. Based on my experience, taking the time to put things in writing and ensuring that all parties are properly informed is a good idea. Dean Cook did not agree. The remainder of the conversation will forever change my opinion of how students are sometimes treated at our school. Dean Cook informed me that Scott and I will be remembered at the University at Buffalo, School ofLaw for the problem we supposedly created and the "bad" changes it inspired. So, by her account, the legacy we leave behind will be a detriment to students. If I understand this correctly, Dean Cook and Gloria Paveljack have identified the root of the "problem", an utter lack of organization, guidelines and willingness to work with us, and the "bad changes" that need to be made, written guidelines and ensuring that all parties are informed. As a result of that, Scott and I will some how be remembered as the bad guys. If that is how Dean Cook and Gloria Paveljack want to view it, then so be it. I give up! I just hope that any of you who are willing to sacrifice your time to write a brief, travel to a national competition, represent your school at several rounds of oral argument, and defeat other law schools to help establish a national reputation for our school do not ever have to go through what we have been through. Change and the students who inspire it should not be looked down upon. Those who oppose change should not attempt to create the impression that they are being forced into it by no fault oftheir own. The problems we had to deal with existed long before we ever made plans to travel to a national competition. I ask that thefaculty and administration keep in mind that no student should ever be made to feel that they are wrong to bring a problem to the attention of those responsible for creating it and ultimately correcting it. Lastly, I can assure the faculty, administration and students that the legacy Scott and I will leave behind, contrary to what Dean Cook may think, will be one of hard work, a commitment to excellence and long legal careers that will bring honor and recognition to the University at Buffalo, School of Law. by Thomas M. Kent, 3L I<Mr. *Qiy I wish you well during the examination period and your summer break. 111 S*-vt H , YriK£s f{ T>({S Off. — I— f SETTLE ,(/ -TU£G~OVT I 13 ' r' c Cr 01/ ' 7—_ / PKoviDFjM/\f\J/ Uk£ PROTECTION. e U2Sj?VS * i I £tfT^ �COMPUTER LAW UB SURVEY Rememberthe UB Law ComputerSurvey... Are the results in? Yes! I'm sure everyone hasbeen waiting withbated breath to discover the results of the UB Law Computer Survey that appeared in a recent issue of the Opinion. Well, you can all relax now, because you've responded your voice has been heard!... The mind-numbingly complex task of tabulating the vast trove of returned survey cards has finally, after much effort and toil, been completed and we've moldedthis sea of raw data into a vast all encompassing Gestalt, a unified and rigorously exacting portrayal of your ÜBComputerlabanschauung,[l] if you will. So without further digression, here, taken question by hard-hitting question, are your responses: — — Ql: What letter grade would you give the UB Law Lab, based on how much it meets your technology computing needs? A: It was an even split. Half of you gave the lab a D, the other half (and you know who you are) gave the lab an F. Q2: What do you think about the administration's new BYOP* policy? (* Bring Your Own Paper) A: Well, all responses prominently featured a word thatbegins withS and end with UCKS. You figure it out (we can't print stufflike that in a highminded paper like this). One response suggested (hat the administration should "cut administrative salaries"instead of requiring law students to pay for theirown printing. Remember we, as studentsof this fine institution, do pay a technology fee, which conceivably could be made to cover the cost of printing paper. — * The Opinion's UB Computer Lab printing tip for power users: * For Mac users: go to the well-equipped lab in the Baldy basement. There's about 30 PowerMacs down there, 4 laser printers, thepaper's free,there's full internet access, and it's quieter than any otherMac lab this Mac user's ever seen. Additionally, there'sthe lab inCapen two rixjms chockfull o' PowerMacs (2nd floor in the library). Also, it has the only two scanners on campus for all your scannin needs plus plenty o' graphics apps, and thepaper there is "on the house. " — ' For PC users: Capen has a PC lab 100, for those ofyou on the Wintel side of things. It's often crowdedand it's not the quietestplace in theworld. But the printin' is free 'n easy. Q3: Do you primarily use your own computer or do you rely upon those provided in the lab? A: Halfof you were mostly home users. The other halfsaid you used both a home and a lab 'puter equally. Some expressed the fact that in the past they relied on the UB Law Lab for printing. (See above tip.) Q4: Do you use anothercampus lab insteadof the law school's lab? If so, please specify which. What are thereasons you choose lo use thislab over the lab in the law school? A: A lot of you apparently use other labs, some mentionedwere the labs in 14 Baldy, and the "Health Lab." Your reasons for using the other labs: free printing, fast machines, quicker computers, and lo "escape students from law school." Q5: In what way wouldyou like to see the lab improved? Please describe. A: Some verbatim responses: "quicker computers, paper" and "Better machines, increased oxygen, decreased heat." Q6: Do you find the internet access on the Lab computers adequate? A: You said: "No. Slow access." "Please wait while I download " Apparently the speed of the law lab computers was one pet peeve of many of the law school's UB Compulab-usin' 1-nelsurfers. Q7: What computing platform do you use at the Lab? A: The answer was a resounding "the PCs." Mac users, your silence hereis not golden. (In fact, gentle reader, I, your humble servant and card-carrying Opinionstaff member, I am the only person I know who uses the Mac side o' the Law Lab.) Q8: What computing platform do you prefer to use/ use at home? A: There was, oddly enough, a 50-50 split between the responses we received. Half of you use IBM Mainframes at home!The others identified themselves as PC users. We did not hear from any Commodore 64 users. But we know you are out there... Q9: What is your prefered word processing application and version? A: All I can say is "Where do you want to go today?" You guys are big Microsoft fans apparently. ALL responses to this question were ALL identical: 100%of you answered "Microsoft Word." Monopolistic practices or mere coincidence? You be the judge. [2] Explanatory notes: [1] ÜBcomputcrlabanschauung = from the German feminine noun "Weltanschauung," which itselfis derived from the feminine noun "die Welt" (the world) and "anschauen" (to view). (Hint: Weltanschauung means 'worldview' or 'view of the world' So, ÜBcomputerlabanschauung means 'computer lab view' or 'view ofthe UB computer lab. ") [2] NB: The results of this survey may perhaps not be an entirely 100% accurate representation of your views on the UB Computer Lab. This, please note, is not for want of investigative accumen or due dilligence on our part we ran the survey, we searched out the truth... But we received only a mere pittance of two returned and completed survey forms. In spile of this — fact, however, we do believe that the views expressed by those who did respond do, to a large extent, accurately reflect the views of many at this school of ours, as concerns the aforementioned Compulab. by Ken Grant Wk �Put it quite simply, the Sabres do not look like a true contender to the Stanley Cup finals. It is true that a team with a hot goaltender can ride that goalie to the cup. But the Sabres are not a good enough team to ride a hot goaltender anywhere. Hasck can only get them so far. If they end up playing Washington in the first round, then the Sabres have a legitimate chance. I think they can beat the Capitals in 6 games max. Boston on the other hand is going to be a big problem. If the Sabres have to play the Bruins, you are talking about a team with a nice mix of vet leadership (like Borque), and exciting youth (like Samsanov) all around their team. Plus they have adequate goaltending enough to beat back Buffalo's lackluster attack. Regardless, after the first round, there are a punishing array of teams left in the East to insure that the Sabres don't make it to the finals (of course, its difficult to predict far ahead in these things. As for the rest of the East, you have to like the Devils. When it comes to goaltending, they have the same situation of Buffalo a top notch netminder named Brodeur who has already won a cup. Unlike Buffalo, they play a much more efficient game and trap defense. They also have a better offensive potential especially if Doug Gilmour is healthy and Jason Arnott snaps out of it and realizes his potential. The Flyers are the same big hitting team as they were last year. Lindros is back from his concussionhe suffered last month (though he is a bit rusty). The Flyers goaltending situation is no better than it was last year or the year before or the year... They needed lo acquire a money goaltender, and ended up with Burke. Burke and Hextall will not get you a cup. As for the other teams in the East, I don't expect any of them to be serious threats to go to the finals. Montreal looked hot for part of the year, but they have leveled off. Ottawa doesn't score enough goals and doesn't have a New Jersey-like defense to get away with it. Boston is a year away (especially of Thornton develops like he was supposed to). Pittsburgh? They're making a nice run, but they remind me of a team running on adrenalin (and in this case, Jagr's constant sulking). 800 hoo, Pittsburgh, Super Mario is not coming back. The West contains a strange mix of legit contenders and teams that have no business being in the playoffs. Dallas looks hot this year they are in a tight race (with the Devils and Red Wings) for the Presidents Trophy (for the best record). Something tells me they aren't going to the finals this year. .Because I think it's either going to be Detroit or Colorado. Detroit is running on post-Konstantinov adrenalin (for those who don't recall, shortly after they won the cup, Red Wings defenseman Vladamir Konstantinov was seriously injured, along with the team masseuse in a car accident). They simply seem dominant this year. Colorado seems out of gas. Here we had a team that was poised to become the next big dynasty in the NHL and they seem disinterested. Don't count them out though. They have 4 big first round draft picks when the season is over. They'll be back. Finally, as for St Louis, Los Angeles, Phoenix, Edmonton, and San Jose forget about it. No chance. San Jose? They have a team there? Of course, who am I to talk? I'm a Rangers fan. My team utterly sucked thisyear. Wayne Gretzky should win an iron cross for putting up with such a lousy team. Sure, Potvin sucks, but not nearly as much as the Rangers did this year. As for the awards, here's my quick run down. Hasek will win the Hart trophy (MVP), Brodeur will win the Vezina trophy (best goaltender), Jagrwill (if I remember the slats correctly) win theArt Ross Trophy (top scorer in the league), Lidstrom will win the Norris Trophy (best defenseman), and coach of the year will NOT be Colin Campbell. Red Wings will repeat as Stanley Cup champs, and Vlady will be wheeled onto the ice (in his wheel chair) at the end of the finals to deafening cheers from the crowd. Vincent LeCavaleir and David Legwand will be the first two players drafted in the entry draft this summer, and if I am lucky, the new Nashville Predators will draft Jeff Finley from the Rangers in the expansion draft. — What the heck did he do to his ID card???? - — K JKLJLKJ .. - The Hockey Playoffs... by Russ Klein Well, thattime is here... It's Stanley Cup lime. Since this indeed Western New York we are dealing with, I bet a lot of you are interested in knowing who will and who will not succeed in the playoffs particularly as it relates to the Sabres. Because of the way the seeding works in the NHL, the Sabres could end up playing Washington or Boston, either as the home team or the away team (they are tied for 4th place with Washington, but the Capitals have the lie breaker by virtue of more victories and Boston, which also would have the tie breaker with the Sabres, is just behind in 6th place). -- — 15 - �In Your Neighborhood presents... Focus on "Patent Specialists in Your z Neighborhood" — These are the people in your neighborhood... ...in your neighborhood... Professor Michael J. Meurer after having made many disclosures enabling the students of his class to better comprehend the law ofpatents in the best mode possible. ...The people that you meet, while you We walking down the street... The people that you meet each Joe Young, 2L: Non-obviousness personified. PERSONALS From: Sharon Entress LI/Lift ilia/ iLaii' cl To: Valeric Milonas Thanks for being the best friend ever. This school is going to miss you (and so am I!). You are going to be a great lawyer. Good luck this summer and keep in touch! iieta-n b-a--x Iti/ -the Opinion 16 � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Opinion, 1998-04-20 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. The Opinion no. 16 20.04.1998 Date Issued Date of formal issuance (e.g., publication) of the resource. 4/20/1998 Bibliographic Citation A bibliographic reference for the resource. Recommended practice is to include sufficient bibliographic detail to identify the resource as unambiguously as possible. 38 16 Publisher An entity responsible for making the resource available University of Buffalo State University of New York at Buffalo Law School Language A language of the resource eng Type The nature or genre of the resource Newspapers Text Is Part Of A related resource in which the described resource is physically or logically included. LIB-LAW003 Rights Information about rights held in and over the resource <a href="https://rightsstatements.org/page/CNE/1.0/">COPYRIGHT NOT EVALUATED</a>. The copyright and related rights status of this Item has not been evaluated. Please refer to the organization that has made the Item available for more information. You are free to use this Item in any way that is permitted by the copyright and related rights legislation that applies to your use. This digital collection is made available for research and educational purposes. Researchers are responsible for determining copyright status, and securing permissions for use and publication of any material. Copyright for items in this collection may be held by the creators, their heirs, or assigns. Researchers are required to obtain written permission from copyright holders and the University Archives prior to reproducing or publishing materials, including images and quotations. For inquiries about reproduction requests and permissions, please contact the <a href="http://library.buffalo.edu/archives/">University Archives</a>. If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/b21e037082d24d0f0895df6924c7bd35.pdf 99622e2ce3296d5b748f47630feb2302 PDF Text Text OPINION Vol. 38, No. 15 "Vi veri veniversum vivus vici." 4.13.98 Buffalo Environmental Law Journal Holds Conference by Kathleen M. Bennett On Saturday, March 28,1998, the Buffalo Environmental Law Journal held its first annual symposium on the "Increasing Conflicts Between Deer and Human Populations in Suburban Areas." Approximately 70 people attended the conference from across Western New York and Ohio, including various Town Board members and employees of state agencies. The purpose of the conference was to educate policy makers and the public at large on options available to manage suburban deer populations. The conference explored the evolution ofthe deer problem in general and in Western New York in particular. During the days when Western New York was primarily farms, deer were scarce as, habitat was insufficient. However, after World War 11, when many farms wereabandoned, brushes and shrubs began growingand deer returned to the area. As more of Western New York became developed, deer and human populations began to conflict. The conflicts that arise between deer and humans include deer/car collisions and destruction of gardens and other landscaping. Managing suburban deer populations can be done one of two ways - lethally or non-lethally. Speakers at the conference examined both. John Hadidian, from the Humane Society of the United States, talked about non-lethal management techniques including education, tolerance, roadside reflectors, and deer repellents for shrubbery. Dr. William Porter, from SUNY College of Environmental Science and Forestry explored the Immunocontraceptive solution to deermanagement. IC works by darting a deer witha tranquilizer, then injecting the deer with a contraceptive that will prevent a doe from becoming pregnant. The does are also tagged so that they can be identified. The doesalso need periodic booster vaccinations. Continued on page 4 Securities Conference in Buffalo New York State Bar Association Law Student Council Members Meet in Albany. by Cheryl Nichols by Sol Sandberg Whether you have a diversified investment portfolio or two shares of Disney stock, you won't want to miss an investor education conference Saturday, April 18 at the University Inn and Con- On Saturday, April 4, law student representatives of the 15 law schools in New York State met in Albany, the state capital, to discuss ways they can better advocate on behalf of law students and improve communication between law schools. The law student representatives are members ofthe New York State Bar Association Law Student Council. TheLaw Student ference Center, 2401 N. Forest Rd., Amherst. Sponsored by the University at Buffalo's Securities Clinic and the Gerald and Sandra Lippes Endowment for Entrepreneurial Law and Strategy, the conference will begin at 8 a.m. and continue through 5 p.m. Registration deadline is Tuesday, April 14. To register, call 645-2167 or 645-2091. Breakfast and lunch are included. SUNY law and school of management faculty and students are admitted free of charge, but pre-registration is required. Topics will include investing for retirement and education, factors to consider before investing, how taxes affect your investment strategies, the Roth IRA, how capital markets operate and Continued on page 5 Inside... BPILP Announces Fellows Racism At UB Law. Netanyahu v. Arafat mini golf battle royale Big Opinion Survey. ...Plus more of the Vast Right Wing Conspiracy. -- Continued on page 4 1 5 7 8 11 �Editorial: Bar Review Rip Off Unquestioning compliance is often as bad as the horror it subjected to from the third week of our law school career until submits to. To pick an example of this truism at random, let us the day we break down, cowed by the thought of flunking the bar, examine the open-mouthed wonder with which most law students broken by the prospect of those who have 1,500 extra dollars willingly entrust themselves into a Bar "Prep" course. Then, let us kicking our butts. examine why, in the face of almost unilateral student participation, Just sign here on the dotted line, lock in your low, low such a course is not provided by law schools. price, become a rep, and sucker ten other people into doing the Upon entering law school, lL's are given a 3-week same thing. It's like an expensive chain letter, or better yet, a moratorium on the hellish hawking and puerile pitching that promote very legal pyramid scam. Bar preparation courses (let's pretend there's more than two, shall On the upside, most "prep"agenda table workers are we?). For those three weeks, the embryonic lawyer is confronted usually ready with a wide, shiny, almost-sincere smile, which is with torts, hassled with contracts, but at least is engaged in the sooo uplifting when you're having a bad day and just want to be pleasant process of being shown all their shortcomings. They left alone. Generally, these people are also armed with a highwander through that month studying, debating, and (probably) energy snack to make you feel better after you sign your life away drinking, confident that whatever particular hell it isthey are going to them. And the sugar rush from all that Kool-Aid made mass suicide easier for those Jim Jones followers, too. through, at least there's a prize at the end. Then the three-week armistice ends. Upon termination of In fact, surely it is the prospect of losing out on pens, this commercial cease-fire, the 1Lis confronted withthe stark reality mugs, painted objects that look like mutilated sponge regarding their particular legal institution: three years herejust ain't contraceptive devices, and, of course, caring efforts of enough. salesmanship, that is a large part of why law schools across the Picture a Ph.D. candidate on the brink of receiving their country don't kick out the prep courses and have bar classes of doctorate. Just as their tassel is about to be turned, however, a their own. Also, the chance ofmissing out on significant kickbacks salesman holding a plastic mug jumps in front of them and says, is no doubt an added incentive. Look who's sponsoring our new student lounge. Look "Hey hey hey! You don't want to get your PhD without help from Dr/Dre six-week courses! Oh, sure, you can try to be an English who underwrites social events here. Ask your SBArep howmuch professor withoutthem, but didthey really teach you how to diagram money the school receives from Bar/Bri. Then ask yourselves a sentence in your 'Late Victorian Poetry of the Mauve Boudoir' where that money comes from. class? No! Ofcourse not! You were only on school for three extra The school would never want to undercut the business years...." of such a generous provider. To offer a bar course to those who Now. Wasn't that ridiculous? And yet this is what we are Continued on page 3 Editor in Chief Graphics and Layout Editor Business Manager Managing Editor I Managing Editor II Op/Ed Editor S.A. Cole Ken Grant Dan Baich Cindy Huang Joe Huang Staff: Pepito Gomez Columnist News Reporter Columnist Columnist Columnist Russ Klein Web Editor News Editor Staff Psychiatrist Kristin Greeley Kevin Hsi Randy Janis Katie McDowell Adam Perri Sol Sandberg Photographer Russ Klein Ken Grant The Opinion, SUNY at BuffaloAmherst campus, 7 JohnLord O'Brian Hall, Buffalo, New York 14260,(716) 645-2147, is published weekly throughout theFall and Spring Semesters. The Opinion is the student newspaper of the State University of New York School of Law. Copyright 1998by the Opinion, SBA. Any reproduction of materials herein is strictly prohibited without the express consent of the Editor-in-Chief and piece Writer. Submission deadlinesforall articles are every Wednesday preceding publication (if it's on disk, you can push it to layout time on Thursday...no later that 6:00 PM, please). Submissions should be saved in IBM Wordperfect 5.1; please enclose printed copy for safety's sake. Write your box number on your disk if you want it returned. While the Opinion will not prim libelous or anonymous material, all submissions shall be printed entirely and exactly (so proofread your materials), provided they are signed submissions from a member of the UB Law community (students, faculty, staff, alumni). The Opinion in no way endorses the viewpoints of its various columnists and contributors. Considering that the Opinion isn't actually a sentient being, it also doesn't think there's anything wrong with any viewpoint expressed in this publication. Vi Veri Veniversum Vivus Vici. "We have a First Amendment and we know how to use it." 2 �Editorial... Continued from page 2 can't afford it, or don't like the two options they have to choose from, would gouge out a lot of potential customers. So they don't offer us a bar course for 3Ls to take in their last semester. By doing this, law school contributes to the virtual monopoly that Bar/Bri, and it's sickly half-cousin, Peiper, have on the industry. By forcing you choose one of these options, by not offering you an alterative in the cumciijurn. the monopoly is virtually fool pretrfr""" And we're the fools. I encourage you to speak with a Dean or a faculty member and urge UB Law to introduce a Bar Review Course into oup curriculum. —-— --S\X~Crnr by Ross tntmgTf oft*. "LESSONS EVEDENCE" FROM L Klein HJ^' WE GOT LETTERS! Dear Editor of the Opinion... Dear Fellow Students, Thank you very much for electing me S.B.A. Treasurer. I am looking forward to the upcoming year.. I hope it will be a profitable one. Thanks Again. Betsey Snyder, 1L Thanks to Sol Sandberg for updating the law school community as to events and updates regarding the Buffalo Law Review. Sol's article, however, neglected to recognize Brian Eckman as the coordinator of the Law Review Symposium, "Law, Sovereignty and Tribal Governance: The Iroquois Confederacy." Brian should be recognized for his tremedous organization and coordination of the Symposium, which attracted more than 300 people. Theresa Merrill Dear Faithful Opinion Readers: Due to upcoming finals, next week will mark our last issue of the Opinion for the 1997-1998 school year. If you have any announcements, gripes, kudos, or money you would like to offer us, that issue marks your last chance for the 1997-1998 school year. Of course, we will be back next year, better than ever (if there is anything that actually needs to be improved ;-). Thanks, "the editors" TOWN MEETING! The Student Bar Association presents their first annual Town Meeting on Wednesday, April 15,1998 from 12-2 PM. This is a great opportunity to talk to our law school admin- istration! I 3 For $5.00 your name could be bere. Think aboul il. �Buffalo Environmental... Continued from page 4 One concern some people have with IC is the safety of the deer meat for human consumption. However, the concern appears to be unfounded as the contraceptive is safe for human consumption. Jim Snider, a Senior Wildlife Biologist with the DEC, explored Bait and Shoot. Under Bait and Shoot, the DEC issues a deer damage permit to a Town, or an individual, to place bait and shoot deer who are causing damage. If the permit is issued to a town, police sharpshooters usually do the shooting. The DEC, typically a pro-hunting organization, has now taken the position that some combination of Bait and Shoot and IC will be necessary to manage suburban deer. Amherst, NY is one area that has a significant problem with deer. At its peak, the deer population in Amherst was approximately 1116 deer. The latest arial count performed by the New York State Department of Environmental Conservation was approximately 733 deer. Amherst attempted a bait and shoot program in 1995 and 1996. The meat from the deer that were killed was given to the local soup kitchens. Amherst was forced to abandon its bait and shoot program following a lawsuit filed by homeowners whofavored a non-lethal alternative. The homeowners claimed that the Town failed to comply with the New York State Environmental Quality Review Act (SEQRA) prior to beginning their action. SEQRA requires an environmental impact statement (EIS) to be prepared for all major actions that would have a significant negative impact on the environment. Since the Town failed to prepare an EIS to explore the impact of killing a significant number of deer, the bait and shoot program was halted. Recently Amherst has tried to implement IC in the Great Beahre Swamp. However, the hunters filed a revenge suitclaiming that once again the town failed to follow SEQRA because they did not complete and EIS. The judge agreed and put a halt on the IC project. The town is now planning to complete an EIS to continue the IC project. Conflict and division still exist in Amherst between proponents of bait and shoot and proponents of IC. Richard Matwyshen, the impartial facilitator for the deer task force in Irondequoit, NY spoke abouthow he worked to bring these different groups together to reach a solution for Irondequoit, NY. Amherst and other towns could learn an important lesson from Irondequoit. The lesson to be learned from the conference is that education and tolerance is an important first step to developing a management strategy for suburban deer. People must learn to compromise to achieve a solution that is both successful and acceptable to most people in that community. Until that time conflicts will continue and both the human and deer populations expand. Anyone interested in learning more can read the proceeding of the conference which will be published in Volume 5, Number 2 of the Buffalo Environmental Law Journal which is scheduled for release in July 1998. Submissions to the Opinion are due Thursday by 5:00 pm, in the Opinion's basement office. Please submit any work in WordPerfect 5.1 format and include a hard copy. We look forward to your submission(s). Securities Conference... Continued from page 1 are regulated and how to resolve securities brokerage ccount dis- putes through arbitration and mediation. Securities fraud, including fraud on the Internet, will be addressed at the noon luncheon by keynote speaker Edwin H. Nordlinger, deputy regional director for the U.S> Securities and Exchange Commission, Northeast Regional Office in New York City. Special guest speakers and topics will be Valeric Bailey Johnston, senior attorney, National Association ofSecurities Dealers (NASD) Regulation, Inc., New York City, on "Dispute Resolution Through Arbitration and Mediation" and David R. Robbins, Esq., of Kaufmann, Feiner, Yamin, Gildin & Robbins LLP. Author of the "Bible" of the securities arbitration law, Robbins will discuss "Evaluating Your Securities Arbitration and Mediation Case." Speakers from UB and their topics will be Joseph P. Ogden, Ph.D., chair of the Department of Finance in ÜB's School ofManagement, on basic factors to consider before investing; and Cheryl C. Nichols, Esq., clinical professor at UB Law School, on "The Regulatory Framework of the Securities Market." A panel on general investment opportunities moderated by Ogden will include Suzanne M. Novelli, financial consultant with Moldenhauer and Associates; Patrick J. Carmody, Ph.D, Private Client Group, Merrill Lynch; and David E. Mickey, investment executive with M&T Securities Inc. Donald G. McGrath, Esq., of Falk & Siemer LLP will moderate a panel on investing for retirement and education. Panelists include Ann Burstein Cohen, CPA, adjunct assistant professor of accounting and law, UB School of Management; Stephen Horan, Ph.D., St. Bonaventure University, Olean. Ogden and Nichols are co-directors of ÜB's Securities Clinic, one of three in the nation and the only one to have an investment and education service. The clinic is a collaborative program of the School ofLaw and the Graduate School of Management. It will become fully operational in the fall and is one of three pilot securities arbitration clinics sponsored by the U.S. Securities and Exchange Commission. Drug Policy Discussed by Sol Sandberg "Prison Building and Current Drug Policy in America: The Costs and the Impact" was the title of a panel presentation held at UB Law School on Thursday April 9. The panel was moderated by UB Law professor Charles Carr. The panelists were Bruce Wright, a retired New York Supreme Court Judge; June License, from the American Studies Department; James Ostrowski, attorney and civil libertarian; and Gil Kerlikowski, Buffalo Police Commissioner. The event was sponsored by a broad coalition of law organizations, including the Black Law Student Association and the Concerned Citizens Against Police Abuse. http://wings.buffalo.edu/law/opinion 4 �New York State Bar... Continued from page 1 Council is a committee of the New York Bar Association formed to foster inter-school communication and collegiality, provide a forum for the expression of law student views, conduct educational, professional, and social programs, and promote student membership. The meeting, held in the Albany Omni Hotel, was one of the three meetings held per year by the Law Student Council. In attendance at the meeting was Richard Staropoli, a IL, SBA Class Director, and active member of theLaw Student Council as Vice-Chairman for the Upstate region. Mr. Staropoli provided the Opinion with the following examples of how the Law Student Council planned to advocate for law students and improve interlaw school communication. He also described in a general way what took place at the meeting and what issues were discussed. Regarding the drive for a Loan Repayment Assistance Program, an issue which has received increased attention recently at this school, Mr. Staropoli indicated that he and other Law Student Council members planned to communicate with each about the various Loan Repayment Programs in existence at their own schools to learn how to implement a Loan epayment Program. He also said that the Council was going to establish a bond with the Dean's Council, the Council created by the strong New York State Bar Association comprising of the 15 state law school deans. In addition, Mr. Staropoli mentioned that members of the Law Student Council listened to Dean Patrick Borchers of Albany Law School give a dean's perspective on some of the issues facing law school such as curriculum, grading systems, and tenured faculty. One internal issue, explained Mr. Staropoli, which Council members had to grapple with at this meeting was the lack of consistency among state law schools in the choosing of representative members for the Law Student Council. According to the bylaws of the Student Council, of the two representatives from each school, one "shall be elected or appointed by his SBA". The other, according to Staropoli, is chosen at large. The problem, it seems, isthat there is a difference to a large degree in the amount of interest in joining the Law Student Council among various schools In some schools, studentsare clamoring to be on the council, while in others, there is little interest, and the Council even needs to send letters to the deans announcing the vacant position. Mr. Staropoli said the Council is rewriting its bylaws to reduce some of difficulties associated with the inconsistency in choosing Council members. Currently, there is only one representative member of the Law Student Council for UB Law, Lisa Primerano, a 3L. Earlier this year, Richard Staropoli was designated by the SBA to be a student representative but he recently gave up this post to become vice chair for the Upstate region. Students from a particular law school can also serve on the executive board of the council with out being representatives as does Staropoli and Scott Bylewski, a UB 3L, who is the ouncil's chairman. According to the Law Student Council Handbook the main responsibilities of Law Student Council members are to: Communicate and promote the New York State Bar Association and law student discounted membership, publicize and advertise law student competitions and award programs sponsored by the New York State Bar Association, set up and staff a membership table to distribute information and membership applications, advise the student body of his position as representative and promote communication with the student body, assess the students' needs and determine how the Bar Association can assist students in their endeavors, contact student groups about co-sponsoring programs and attend council meetings. Mr. Staropoli said notices will be posted requesting resumes from students who are interested in becoming members of the council. After the Albany meeting, according to Staropoli, he and Ms. Primerno met with Dean Barry Boyer to consider "how the Council's representatives can better advocate for students at UB". One of the ideas they came up with was to have one of the deans serve as a liaison to the Council representatives. BPILP Announces Fellows The Buffalo Public Interest Law Program's 3rd Annual Auction was held at the Birge Mansion in downtown Buffalo, on March 27th. A record crowd of 220 attorneys, students, and professors attended the auction. Their bids on items,ranging from wine tasting parties with professors to sabres tickets and artwork, helped BPILP to raise a record of $13,500. All monies raised go directly to fund summer fellowships for students to practice in the public interest. BPILP is proud to announce the 1998 fellowship recipients. This year's application process was extremely competitive and much more rigorous than in past years. With over 38 applicants, the reading committee of faculty and community public interest members had a very difficult task. Applicants were anonymously judged on: the value ofthe proposed internship to the community, applicant's committment to the public interest through BPILP, the possibilities of outside funding and the readers' discretion ofthe application. This year BPILP is sponsoring four full summer fellows, three lOLA (Interest on Lawyer's Account) fellows specifically for work with NY State Legal Services Corporations and two summer grants for part-time work. In addition BPILP co-sponsors three fellowships in conjunction with SBA and three student organizations. The Co-op fellows will be announced following SBA approval. The 1998 BPILP Summer fellows are: Kimberly Forte, 2L, who will be working at the Juvenile Justice Project of Louisiana. Carolyn Goodwin, IL, who will be working at Greater Boston Legal Services. Matthew S. Lerner, 2L, who will be working at the Equal Employment Opportunity Commision in Washington DC. Mia McFarlane, 2L, who will be working at Children's Legal Services in Boston, Massachusetts. The 1998 BPILP/lOLA Summer fellows for work at a New York State Legal Services Corporation are: Thomas Glynn, IL, who will be working at Neighborhood Legal Services in Buffalo, NY in the Housing Unit. Continued on page 9 5 �ANARCHIST THE russen kelby Misc. Ramblings... - THE VENDETTA TRIALS this little technicality it has started using civil rights laws to pursue its prey. Thus, Rodney King's assailants were charged with violating Rodney King's civilrights. Lemrick Nelson was charged with violating Yankel Rosembaum's civil rights. Unfortunately for the government, they have betrayed their hand by showing how and when they will use this awesome power. That is, these sorts of trials have only been invoked when the state has lost its own trial. There was no talk during the first Rodney King or Lemrick Nelson trials of federal civil rights charges. Only when LA erupted in flames and NY City sighed with disgust following their respective cases, did the federal government elect to begin federal process. That is a vendetta trial. If the was really concerned with dealing with the supposed civil rights violations, it wouldannounce its intent to pursue a trial as soon as the incident happened. Not only that, these trials were basically the federal government succumbing to public will. Lets call it utilitarian justice. Is this the sort ofjustice system we aspire to? The fact is, the government has devised a trick ~ jurisprudence Tom Foolery ~ in order to try people already judged not guilty. Once the state loses, it is supposed to be over. Res Judicata. Collateral Estoppel. All those groovy things they teach you in Civil Procedure - well, double jeopardy is the criminal version of those concepts. If these civil rights trials are not a violation of the letter of the law on double jeopardy, then they certainly (especially the manner in which they are applied) are a violation of the spirit of double jeopardy. Or, if you will, they are government vendetta trials. When the jury in California voted "not guilty" to conclude the trial of 4 police officers connected withthe Rodney King beating, many in America decried this as a great injustice (in fact, as we all remember, it precipitated one of the largest riots in American history). When the jury voted "not guilty" to conclude the trial of Lemrick Nelson, supposedly involved in the murder of Yankel Rosembaum during the Crown Heights Riots, many in New York City decried this as a great injustice as well. In both cases, the accused were later tried on federal civil rights violations. The two police officers deemed most responsible for the Rodney King beating were convicted and sentenced to several years in prison. Last week, Lemrick Nelson was convicted and sentenced to nearly 20 years in prison. Perhaps part of the problem is that in both cases, the seem so overwhelmingly guilty. There was the video tape accused ofthe Rodney King beating (what better evidence can you offer in court, than the actual alleged crime taking place on video tape?). Lemrick Nelson was supposedly caught with the bloody murder weapon, identified by his murder victim before he died, and finally confessed on more than one occasion. Sounds pretty solid to me - open and shut, if you will (especially ifI were a public spectator prone to believe every single fact presented to me in the news as the only evidence in existence). Yet, these two seemingly disconnected cases offer the most disturbing proof that there is something wrong with our system of ABORTION IT IS "criminal justice." double jeopardy? There are a couple ofthings about theabortion arguments I mean, doesn't this sound a bit like The problem is, that supposedly double jeopardy was that really bother me from both sides. intended to prevent the state from trying an individual for the same First, from pro-choice/abortion on demand types. When crime twice. But it doesn't (the way the courts seem to interpret it) does life begin? Its clearly illegal to murder a child the second prevent another state, if they believe they have jurisdiction, from after its born. What about the second before its born? Five minutes also trying a person. before its born? The day before its born? A week before its born? But there is a big problem. Federal law is not the same as Two weeks before its born? Etc., etc. Obviously you see the state law unless the person you just killed was a federal agent, slippery slope pattern. We (Cole and I) were discussing this in the you can't be triedfor federal murder. This is why alleged Oklahoma Opinion office. When thefetus becomes viable outside the womb? City bombers Timothy McVeigh and Terry Nichols were only With machines or without? Second, from the pro-life groups. Many pro-lifers I know charged with 8 counts of murder, rather than 168 counts of murder ~ because the federal government had no jurisdiction except when of will say 'no abortion, except in the cases of incest and rape.' the victims were federal agents (killed in the line of duty). Huh? What is that supposed to mean? Is the fetus suddenly So the federal government has found a way to circumvent Continued on page 7 - . - — 6 �Misc. Ramblings... Continued from page 6 somehow less human or not worth the life if its conception was via some horrible incident? It just doesn't parse out (and this is aside from the obvious problems with the pro-life yet pro-death penalty types). Just some thoughts to chew on regarding abortion and life and death (yes, that approximately ten page abortion insert in the Spectrum was what inspired me to this). WE ARE ALL PROSTITUTES ANYWAY Can someone tell me again why prostitution is illegal? I don't understand it. Basically, its like society judging that an just act is immoral (based no doubt on religious hocus pocus), and then making that act illegal without having any real justification. Sex between consensual adults is legal (well, unless you were to perform consensual sodomy in some states). The fact that two consenting adults perform a legal act, in exchange for money, would seem to be the epitome of the American capitalist system! Besides, when you think about it, we are all prostitutes. We all sell ourselves, our time, our bodies for money. We just call it work and don't demonize it because it isn't as morally offensive. Well, let me tell you. I would find it a greater moral offense to work in the military arms industry than I find prostitution. Or is it that we are just afraid of the subconscious thought an of act generally thought to be connected with love being sullied by money and profit? — POLICE STATE Finally, have you all been following what's been going on in New York City? First, they put up the red light cameras (the ones that would snap a picture of your license plate if you ran a red light). Then this past winter, they put up barricades on certain street corners, to prevent pedestrians from crossing in Midtown Manhattan. Now, they have video cameras on some streets, as a means to monitor activity. Big Brother really is watching you. Lets hope this never happens, but I've got two words that should scare the heck out of any rational person..."President Guilliani." Submissions to the Opinion are due Thursday by 5.00 pm, in the Opinion's basement office. Please submit any work in WordPerfect 5.1 format and include a hard copy. Madon ite-Happen Is Racism Again Rearing Its Ugly Head at UB? Some incidents have come to my attention this last week that should not shock nor surprise me. I am told that one of my colleagues has received a racist piece of e-mail possibly from an upper-class student. This student demonstrated a great deal of cowardly insensitivity writing in a derogatory manner about this student and his friends. This individual then took the opportunity to use a number of pejorative terms to talk ill of students who participate in the Legal Methods Program. I thought about this and thought how most of the upper class students have been quite helpful and understanding ofwhat we lL's are going through. A great support system exists for us. But I wonder about how some of them have been paying a great deal of lip service to us, and in fact don't want to be bothered with us, specially students of color. I again wonder if these incidents ofracism have been suppressed to the extent that we are neither jaded nor disenchanted with this whole law school experience. It may be too late for me due to some otherthings, which have happened to me. While in my Perspectives class some of my colleagues (I use that term with much regret) have expressed that they would like to learn about black letter law only. They don't appreciate the amount of discourse some subjects bring with them. I then ask if academia is not the place to have discourse and dialogue about a variety of subjects, then where do we talk about it. What I also found offensive is that the only problem these students had was with issues concerning people of color. The specific classes mentioned were Constitutional Law and Criminal Law. But you see when our classes are talking about subjects that don't have to do with the majority populations' involvement in history, our classes run smoothly. Is this a sign that certain members of the law school community wish to continue to marginalize issues concerning people of color? Moreover are these students really frightened that tfielrJagloyxd actually be exposed for what it has been, and continues to be regarding the heinous treatment of people of color? Are these students afraid to deal with the inequitable distributionof justice by the criminal justice system (e.g., drug sentencing laws and incarceration rates) toward people of color? > I believe these students are afraid histoid becoming tarnished. They want to go through life withßllnders on. The most frightening aspect of this is that many of these people of color in a variety of matters. Having contempt in their hearts while putting the cash in their pockets. If these pusillanimous clowns don't wish to talk openly and honestly about these problems fine. Do not allow the rest of us who wish to interact with each other to be poisoned by this filth. Let us open the lines of discourse and dialogue in class, out of class and in other settings. - by David H. Hawkins, 1L assembling the robot army ktp#wuigs,buf^ 7 �last people that anyone would call a liberal, but I think it's kind of sad that these people are on TV airing their dirty laundry for millions of people to see AND LAUGH AT. People might say that the guests on the show are just actors, but I don't think so. Some may be lying, but they're not actors. Presumably, all ofthe guests are adults and chose freely to go on the show. Which leads to the question: Why would someone go on Jerry to discuss their most My Spleen This week, I don't really have a coherent topic for this column, so it will be kind of jumbled. I apologize in advance, especially to Professor Lindgren. I really did learn a lot in your Writing class, even though this column may not show that. (By the way, I highly recommend the class.) I was originally going to write this entire column about the Jerry Springer show, but I didn't think I'd have enough material for a whole column. I'll begin by saying what I have to say about it, though. I don'tknow what to think about Jerry Springer. It's kind of like the compulsion people feel to stare at an accident. These are real people that are making spectacles of themselves on TV, twice a day here in Buffalo. And we watch them. Some very educated people, including my boss, watch the show religiously. She even tapes the shows she doesn't get to see while she's at work, so she can watch them during dinner. I don'tknow how she keeps her appetite. Why are people so obsessed with the show? My boss a its release for her. It's just entertainment. Others have said says that it makes them feel good about themselves to know that their life is not as bad as the people on the show. I think a lot of people watch it for the fights. I say, if you want to watch fights, take in a hockey game. It's the same idea. A lot of people watch hockey because they like to see the fights. I don't personally watch hockey just for the fights, although an occasional fight is nice. (Did anyone see Patrick Roy and Chris Osgood the other night? A goalie fight is certainly something to behold.) Hockey fights are more authentic than Jerry Springer fights. So if you're one of those people who watch Jerry Springer for the fights, try hockey. The fights are better, and the activity leading up to the fights is more substantive and entertaining. Whatever the reasons are that people watch Jerry, the fact that he's even on television is somewhat disturbing. Doesn't this show look like exploitation to anyone else? Now, I'm one of the intimate problems and relationships? Another question: When approached by the show to appear because someone has a secret to tell you, why would anyone go? They have to know that nothing good will come of it. If you've watched the news at all lately, you know that Jerry is having some legal backlash from his show. I'm surprised it hasn't happened sooner. I think Jerry is a flash in the pan, and his day will soon pass. But in the meantime, what does this show say about human nature, and our society? Just food for thought. Now that we're nearing the end of hockey season, I feel compelled to comment. I also feel compelled to cry because of the dismal performance of my Rangers. All of you who are saying it's because they are old, well, you may have a point, but that's not it. I think it also had something to do with Colin Campbell. He didn't know how to use some of the better players. For example, Alexei Kovalev. Now that Campbell is gone, there are no more weekly rumors aboutKovalev being on the trading block, because he's playing much closer to his potential. He's still a bit inconsistent, but certainly not the pec-wee hockey player helooked like when Campbell was coaching. No matter what you Buffalo people think, I like John Muckler. Speaking of the "Buffalo people," Barnaby is a spoiled brat. Too bad there isn't an N.H.L. franchise in hell for him to be traded to. I think Tampa Bay would be a good option for him. Let Tony "O" deal with him. Unfortunately, they have nice weather there. (Note to Mr. Barnaby's legal counsel: don't bother trying to sue me; I have no money.) OK. That's about all the commenting on that I have for today. I'm going home to watch the Rangers lose yet again. Or even worse, tie. by Kristin Greeley NETANYAHU AND ARAFAT AGREE TO SETTLE DISPUTE IN ROUND OF MINIATURE GOLF If only problems could be solved so easily! So the game of mini golf may have not reached such great heights yet, but it is a lot bigger than you may think. Says Tom Dixon, one ofAmerica's top ranked professional miniature golfers, "All your top pros like Arnold Palmer — they started out in mini golf." Miniature Golf first started in the United States in the 19305. The object was like golf, to hit the ball into a series of holes, nine or eighteen, laid out in the similar fashion of a golf course. Since the 1930's the game has really picked up fans. Says Deborah Paulk, editor of Golf & Family Fun Magazine, "More Americans played miniature golf last year then went camping." Winning a gift certificate for a free game or a hot dog is a thing of the past. Today mini golf offers more exciting rewards. Take Elmer Lawson, a native ofRedding, PA. He was first drawn to mini golf tournaments because there was a chance to win a gift certificate for the local mall. Today, Elmer is an internationally ranked miniature golfplayer. He went from local tournaments, to — national tournaments, all the way to a global tournament in Denmark last year. This year Elmer is hitting the mini golfcircuit traveling to such exotic places as Portugal and Switzerland. Mini Golf tournaments have been airing on ESPN now for five years. The Minigolfsport Association of America held its first America Cup in 1996 at Boomers Family Recreational Center in Boca Raton, Florida. Team Finland took first, followed by Team Sweden and Team USA. The Minigolfsport Association is affiliated with the World Minigolfsport Federation (WMF) headquartered in Zurich, Switzerland. The WMF which presently represents 24 nations with over 40,000 registered players worldwide, has been sanctioning tournaments for over 40 years. To kick off Spring, the JewishLaw Students Association (JLSA) will be hosting "Mini GolfNite" Tuesday, April 14. Interested students should meet on the first floor of O'Brian at spm. All students are invited and encouraged to attend!! by Randy Janis 8 �BPILP Announces...* Continued from page 5 TSHPROELIN"M:2Y L LESSONS David Kelly, IL, who will be working at Legal Services for the Elderly, Disabled, or Disadvantaged in Buffalo, NY. by ruskelen 4/13/96 PatrickTierney, IL, who will be doingrural outreach while working at Neighborhood Legal Services in Buffalo, NY. The 1998 BPILP Summer Grant recipients are: Ahren Astudillo, 2L, who will be working at the Federal Defenders of San Diego, CA. David Hawkins, IL, who will be working at the Center for Applied Legal Studies in South Africa. BPILP extends its congratulations to all recipients of 1998 fellowships and encourages all students, both familiar to BPILP and not, to be involved with BPILP next year in order to raise more funds so that we may support all those interested in pursuing public interest summers. The will be a general meeting onApril 14th in at 4:30 in Room 209. Introspection...<Continued from page 13 - we're willing to accept (DRI Syringes in the Sandbox). Obviously, you all know me as "The Anarchist." But advocating little or no government doesn't mean you suddenly shirk your responsibility you have to other people, just as your right to free speech doesn't absolve you of all responsibility if you yell "fire" in a crowded movie theater. Think about it. Those two individuals were really no different from you and I except the "middle class dream" seems to have left them behind, and so have most of the rest of us. — 1 I Something to Say? [ j Got Well, the end of the semester is here, folks... We. ■know a lot of you have a lot to say to your ■— Graduating 3Ls want to say goodbye to their friendsi |they made in law school, and returning lLs and 2Lsi |want to wish their friends a good summer, etc. We| |here at the Opinion are not unsympathetic to this (af-| Iter all, our very own Russ Klein would love to tell a| Ifew women that he was too shy to tell, just how much I Ihe digs them ;-). Uhh, anyway, we offer you, ourl ■student (and faculty) readers the chance to do so at a I ■bargain rate of [FREE!] per column inch (3 column" ■inch max ~ ok? We aren't a charity!). Just fill out the' 'information below (no anonymous ads, please!), and" [we'll print your ad in a special section next week ■the last issue of the year (cool, huh?)... |NAME (yours!) number 1 . ■CLASS 'Message: PHONE NUMBER m^^^^^^_^^^^^_ (atlatch seperate sheet so we can actually read what you say) ~J THE OPINION WANTS - YO U! Yes, thats right YOU! All submissions due by 6pm Thursdays, in our basement office. Give us your columns, cartoons, poetry, and even letters to the editor. Work with the most unique staff in the law school! (or leave a note in box 95 or 27 your choice) ■ ' Return to either box 95 or 27 or the Opinion office by6PM Thursday, April 16. - 9 �NO r) li >Mfil2£^F" ■^NOT(=x nss*= /vA> U?-**T if ?>\r^rvl' yjfZfcJHW* «J £Miri t<//\ M It —** \..A/ri« » r ] 7 *r ft - S—- law sc:Hqol Brtft-g-g- XS R&rti»JSTevgß>tT»VlMCrX-, IF S Jyvs \ 1 -/ Ort. A You PorfT "totd isrep V =LiajJ of rite . Buk»>a)>( IbwcL- ££ wWts &„ A - witHyoutn I mu****«T hcc workup OF , C nfr** poB. 1 // TKnfcl£:a|i*Qu£/fc.Kj Tcmieß-n/xwK// Ats, "j- p I the: PfciAitue 11 <? HQTTgre Too. a sr<>L£ cJT I was n popuLrit UTcv Co*u^, 0 y-^^v-^ 'i?An> >AA :\ " il S?» 1 *w — *WP fr£NTLEM£N \ (toteS If I iV / iNff^SrVwJa-^ .\> , or-rrik s v^S—TT VJI >rA l[L /inILussßa W-- $&-* l<,,,teto£fr.L{\\,, LA IVox 1 IT xr —' S d lm gr-J/ftflr * rne-7 n n -■> ■ a pN w*nM*re . V©KR T^£ SdRKV THe CrßxmC Rogers ?Uv J* kcws •? S7 2r- ~ , -| I /iL> /—<jS �The Only Opinion Survey You Ever Really NEED To Answer # Have a Hand in crafting the Opinion for Fall 1998! 1) Should the Opinion continue to publish on xeroxed white paper, or should it come out on newsprint? 1.5) Would you care to expand on your answer to question 1? C- a) More cartoons? "^ :. • c) ...Those were cartoons? J 4) Would you like to see the opinion cover m e sub °' stantive issues of law, or (lets be honest), would you read such covera e if il was v paper?, in the * " lj ii • 5) rii aiIOUIU tlie I• p»\ b) Less cartoons? j 3) Are there any particular issues you *■ * would like to see covered in the Opinion next . year? * 2) Should there be : • • • 6) The Opinion is looking for: sports movie writers, columnists, reviewers, artists, and, above all, wr rs a m orl a irs \ editor, and legalanalysts. Could you be that special someone? UpilllOll : • pictures? •rr "f run more r . * ,'» ? !? 77 ATTENTION SOON-TO-BE-3L's!!! Would you want to participate in making the Opinion the "serialized yearbook," wherein one page of the Opinion is devotedevery week to pictures and bios of graduating law students? With 24 issues of the Opinionslated to come out over the next two semesters, we could easily create such a cumulative project, by running 9 pictures an issue. We could also run photos of student groups. This way, your yearbook will be jam-packed with exiting news and columns that you read over the course ofyour last year here at ÜB, while you wouldn't have to shell out fifty or sixty extra bucks to get a year book (i f they get around to making one). On the flip side, you'd have to make sure you saved every issueof the Opinion (though surely you do that now), and it wouldn't look all nice and bound up, with blank pages for people to sign and inscribe with silly things. So this may be a dumb idea. Hmm. Actually, we know it's a dumb idea^u^w^werewonderin^fyou'dlik^^nyway^Sowr^ | Please drop your survey answers in box 27...satisfaction guaranteed 11 �Loan Repayment Assistance Program Discussed by Kevin Hsi On April 7, over two dozen students met with members of the U.B. law school administration about the possibility of restarting a loan repayment assistance program (LRAP) in the law school. Representing the administration were Vice Dean for Academic Affairs Nils Olsen and Assistant Dean for Development Thomas Farrell. The meeting was moderated by lLs Dan Morse and Carolyn Goodwin, both of whom are members of the recently formed student LRAP committee. The overall consensus from students afterward was that the administration was very supportive of the students' efforts to implement an LRAP program even though there are no funds available for it at the moment. An LRAP is a program designed to provide financial assistance, by way of loan assistance and loan forgiveness, to law school graduates who are pursuing careers in the traditionally lower paying area of public interest/public service law. The purposes of creating an LRAP program are to reduce the high educational debt burden as an obstacle for pursuing a career in public interest law and to increase the number of attorneys who will provide service to underserved individuals and communities. Goodwin mentioned that while she was doing some research on the LRAP program, she was surprised to find out that the NAPIL (National Association of Public Interest Law) web page listed U.B. law school on its list of schools which did have an LRAP program. As it turned out, the law school had an LRAP program in the early 1990sbut it lasted for only a few years before dying out due to a lack of funding by the state-run IOLA program. According to Farrell, the school's old program "was a very small program" which did not total more than $90,000 in funds. At the meeting Olsen showed the administration's strong support for an LRAP program by stating that, "we love to see it here." The only problem is that there is not enough money in the law school to start an LRAP program right away. According to Farrell, the law school's current endowment is approximately $10,500,000 but $8.8 million of that amount has been restricted to the Baldy Center for its various academic programs. Olsen estimated that since over 10 percent of each graduating class goes into the field of public interest law, the school would probably need over $2 million for a comprehensive LRAP program that could last 10 years. This is based on the fact that U.B. law students average $32,000 in loans for law school. This would mean that a full loan forgiveness program would cost over $7 million for 10 years . As such, Olsen's view is that the best approach for re-instituting an LRAP would be to try and "raise some money" by trying to secure a large grant or series of grants as opposed to relying on the annual budget from the state. Farrell, who is the school's chief fundraiser, mentioned that the possibility of a large grant coming from a generous donor is possible but slim. He mentioned that three years ago, an unsolicited potential donor thought about making a donation of $ 1.5 million or more to the school to implement an LRAP program but ultimately chose not to do so. Nonetheless Farrell did not rule out the possibility that another such donor could be found in the future especially if an intensive capital fundraising campaign is taken up by the law school. Farrell also mentioned that "while I can't guarantee anything... I will be happy to work with students to help them locate potential donors," particularly those in the corporate and foundation sectors. Farrell also cautioned against relying on state money for an LRAP program. One reason for this is that the tuition at the law school is already partially subsidized by the state. The other reason is that while the "average U.B. law student's debt is $36-38,000 [from law school alone], the private law schools are three times that... As such, the state, the university and the law school have decided to make investments elsewhere since they're aware the debt here is less than that of the private schools." Both Farrell and Olsen also alluded to the state legislature's unpredictable and at times, hostile response towards giving more money to public education. Currently, most of the state's money in the law school's budget goes towards operating expenses. Olsen said that the state, particularly under the current administration, basically "wants to see SUNY become more tuition-based rather than revenue-based." Olsen then pointed out that "our budget has been cut over ten percent in the past five years." Both Olsen and Farrell commended the students for making an effort to create a new LRAP program which everyone agrees will be good both for the law school's image and the field of public interest law. In Continued on page 13 12 �Loan Repayment... Continued from page 12 the mean time, the school has been fundraising so that it can create more need-based and achievement-based scholarships to attract more top students who want to become public-interest lawyers. Olsen also stressed the importance of getting students to commit towards working for an LRAP program. As Olsen pointed out, "it would be destructive to let such a fine idea dribble off into institutional memory, all of us must keep up with it." Currently, the student LRAP committee are lookfor interested students to help locate possible funding ing sources and to help research the development of LRAP programs at other law schools across the country. There are also plans for to form a committee of students, faculty and administrators that will work towards the funding and the implementation of an LRAP program. Students interested in helping out the LRAP committee can contact Carolyn Goodwin at 882-6389, Rick Staropoli at 882-5842 or Nelson Mar at 645-4004. Introspection by Russ Klein — Every so often, I am perplexed virtually awed — at the triviality that some human beings hold themselves to. For example, 1 was walking down the street on the upper east side of Manhattan some years ago, and a man was sitting on the street corner, with a sign that read "SPARE CHANGE FOR MORE BEER." I was in awe of the sign, because I somehow imagined that the guy was probably not getting much money (go figure, huh?). One day, out of curiosity, I stopped by and decided to talk to the guy. I was on my way to work, and I had about an hour to go before I started. I asked him "what kind of beer do you drink?" He told me he preferred Olde English 800. In my mind, I thought "typical homeless person beer." Still, I walked across the street to the corner store and I bought two 40oz bottles of the beer - One for me, and one for him. He seemed pretty appreciative of my gesture, and offered me a seat on the extra crate he had with him. We chatted for a short while ~ you know, small talk, and drank our beers. His name was Bill. I had a million questions I wanted to ask, but out of respect for circumstances that I was not aware of, I held back. I mean, who wouldn't want to know at the very least someone copes with his situation? But also, if you lived that life, who would want to talk about it? It turns out Bill was homeless, and he lived in a shelter in midtown somewhere I forget, and its not really important. He by Kevin Hsi was also a bit more clever than I had imagined. For example, on the back of his sign that I spoke ofearlier, he had another sign that Many of us know that New York City corporate read "SPARE CHANGE FOR MORE FOOD." This was for when law firms aren't exactly known for their pleasant work- obvious tourists walked by. Clever, huh? Something for the harding conditions. Those who wish to work at large corpo- ened New Yorkers looking for a laugh, and something for the suckwere more afraid of being mugged than anyrate law firms should consider the following news in- ers in the street who thing else. volving recent layoffs at a prominent Wall Street law One other night, my friend Joe and I were walking around firm. the upper east side. We had both been drinking at American Trash According to the April 7 issue of the New York (my favorite bar in New York City), and we were both pretty hungry. Shortly before we went in, a man came up to us and explained Law Journal: Chadbourne & Parke fired 19 secretaries, 15 per- his plight, and pointed us to his "box" (for lack of a better word) where he slept, largely out of sight from the onrush of New York cent of its secretarial staff last Friday. Sources reported City. So Joe and I figured "what the heck?" and we got ourselves that the secretaries, some of whom had been with the food, and we bought the guy a pretty decent meal. I mean, its only firm for 10 to 15 years, were terminated without notice money, and when someone really seems to need your help, and and escorted out of the firm by security officers. Jerome you can give it, how do you say no? It was just the right thing to Katz, partner and spokesman for the firm, explained do at the time. We ate our meal and chatted with the guy, whose name esChadbourne was moving to a staffing level "more in capes me at the time. He told us a pretty interesting story about line" with that of other firms: three associates per secre- how he lived on the street because he feared the shelters. But all in tary. Advances in technology have also made a larger all, the guy didn't seem scary or dishonest. Neither did Bill, for staff unnecessary, he said. Termination decisions were that matter. Now you might be wondering, what triviality do 1 mean? made after considering the employees' performance The triviality that allows most people to not only walk past and evaluations, longevity with the firm and departmental ignore the homeless and less fortunate, but to put them so far out needs, he said. ofour minds, that people begin to think that the problem isn't real. York Law Journal 1998 April 7, (Source: New Its remarkable what people will let their fellow man sufferthrough. We're only human, what can you expect? It just shows the life (www.nylj.com)) Continued on page 9 LAW FIRM AXING — 13 �These are the people in your neighborhood... ...in your neighborhood... Ruth Newman and Peter DeWind in the Computer Lab Who "nose" what they are up t0... ...The people that you meet, while you 're walking down the street... The people that you meet each day! Arthur Wemegah, Scott Bycewski, and Bahaati Pitt. It's a beautiful day in the neighborhood. FINAL REMINDER! Next week is the last issue of the Opinion for the 97-98 school year! If you have any story, article, or just plain wacky or bitter commentary you wish to see in the newspaper, then give it to us. Translation of our Latin Motto: "When someone says they are 'keeping it real' what they really mean is that they are 'keeping it real dumb'" (Chrisßock) NOW (you know where to find us) 14 � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Opinion, 1998-04-13 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. The Opinion no. 15 13.04.1998 Date Issued Date of formal issuance (e.g., publication) of the resource. 4/13/1998 Bibliographic Citation A bibliographic reference for the resource. Recommended practice is to include sufficient bibliographic detail to identify the resource as unambiguously as possible. 38 15 Publisher An entity responsible for making the resource available University of Buffalo State University of New York at Buffalo Law School Language A language of the resource eng Type The nature or genre of the resource Newspapers Text Is Part Of A related resource in which the described resource is physically or logically included. LIB-LAW003 Rights Information about rights held in and over the resource <a href="https://rightsstatements.org/page/CNE/1.0/">COPYRIGHT NOT EVALUATED</a>. The copyright and related rights status of this Item has not been evaluated. Please refer to the organization that has made the Item available for more information. You are free to use this Item in any way that is permitted by the copyright and related rights legislation that applies to your use. This digital collection is made available for research and educational purposes. Researchers are responsible for determining copyright status, and securing permissions for use and publication of any material. Copyright for items in this collection may be held by the creators, their heirs, or assigns. Researchers are required to obtain written permission from copyright holders and the University Archives prior to reproducing or publishing materials, including images and quotations. For inquiries about reproduction requests and permissions, please contact the <a href="http://library.buffalo.edu/archives/">University Archives</a>. If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/1a247a51ba24627e415e7c0bdc798c3d.pdf 3f061dfb3e55a3dc42d0789f1d1a3458 PDF Text Text OPINION Vol. 38, No. 14 "Vi veri veniversum vivus vici." Law Review News by Sol Sandberg On March 20-21, the Buffalo Law Review hosted a symposium entitled Law, Sovereignty, and Tribal Governance: The Iroquois Confederacy. The symposium was held at the University Inn and the Center for Tomorrow. The symposium focused on the recent legal issues facing members of the Iroqouis Confederacy in their confrontations with New York State and the United States government, and each other. Among the specific topics discussed were the history, law and politics of the Iroquois Confederacy, Iroquois land claims, Iroquois tax issues , sovereignty issues and Iroquois governance. According to Kathryn Bryk Friedman, the editor of theLaw Review about 325 people attended the symposium. On Thursday, associate members of the Law Review were required to hand in a 40 page paper with 160-200 footnotes. The Admissions to Continue paper was required to be of substantial publishable quality. This was the final prerequisite for promotion to Senior Member of the Buffalo Law Review. The other two prerequisites are holding office hours and doingextensive cite-checking. Failure to meet these requirements can result in removal As for future events, elections for the editorial board of the Law Review are scheduled for April 5. Among those already nominated for the position of Editor-in-Chief are Beth Garrington, Amy Martoche, and Michael Donlon, acccording to a member of the Law Review who wished to remain anonymous. On April 24, theBuffalo Law Review Dinner will be held at the Buffalo Club. The event will honor Professor Mugel for his 50 years of teaching and service to UB Law School. Professor Mugel teaches future interests, estate and gift tax, and estate planning. Next month, The Law Review will be coming out with issue 46-1. The issue will contains submissions by 7 authors. Law ReContinued on page 5 Olsen to Discuss Loan Repayment by Sol Sandberg by Sol Sandberg March 15 was the official deadline for admissions yet the Office of Admissions is still accepting applications, according to MarieMcleod ofthe Admissions and Student Services. Ms. Mcleod spoke to the Opinion on Thursday as she was ordering the files of rejected applicants on her desk. She said that the Law School planned to make about 500 offers to the applicants to fill the approximately 220 seats in the first year class. One phenomenon which has grabbed the attention of the Office ofAdmissions in recent days is the heightened organization of applications to the Law School from international applicants. In the past, international applicants encountered difficulties in applying to the Law School due to postal delays and mishaps and difficuties in telephone communication. With the widening use of email, said Mcleod, international applicants and the Law School are finding it much easier to comContinued on page 5 4.06.98 The Loan Repayment Assistance Program will be hosting a discussion with Dean Olsen on Tuesday April 7, at 4:30 PM, in Room 212, about the prospects and challenges of implementing a loan repayment program in the law school. If implemented, a loan repayment program would assist graduates who choose to take lower paying public interest jobs in paying back their student loans. For more information contact Nelson at 645-4004, Rick at 882-5842 or Dan at 882-5446 Inside... The Smoking Gun Ich bin cine Komodie!. Perspectives Top Ten and a tribute to our narcissism! 1 7 8 9 �Editorial: SBA Election Circus This past week, the Student Bar Association conducted its annual ritual of elections. As a part of that ritual, candidates conducted their own rite of plastering the school with advertisements. "Vote for me!" the sign says -- "as SBA ***** I promise to end world hunger!" Riiiggghhhhttt. Some signs were worse than others. Not all candidates decided to participate in the mass murder of trees that made this self aggrandizement possible. Other candidates kept it to a minimum. Some, on the other hand, went so overboard, it defies explanation (including stuffingboxes with flyers, hanging flyers all over school, and offering candy to anyone who might be a potential voter). One has to wonder about the cost that some candidates are incurring in their quest for the pay-free offices they seek. I decided to take a walk around the school and take an informal count of what I found. I started on the stairwell between the third arid fourth floor, and counted from there, down to the Opinion office in the basement. I found that there were approximately...436 signs. The breakdown was as follows: - recall them because I likely discarded them I searched the recycling bin on the third floor, but could find no others that sparked my memory): - Betsey Snyder 1 full page, plus a 11/*1l /* inch mini-ad Brenda Torres -1 full page, lA page ad , plus 2 different 3 inch ads + lifesaver Tonya Guzman V 4page ad, plus one small package of skittles Brion Scudder - 2 page ad Considering that (due to election rules) there were virtually no signs around the second floor (except for the stairwell), that means that a hefty chunk ofthose 436 signs were on the third floor and the first floor. Also, not included above, was one candidate who made a several foot long banner on the first floor, and 2 dif- ferent candidates who felt obligated to write their campaign announcements in huge letters on chalkboards in at least 4 different lecture halls on the first floor. One candidate also hung a sign on Zakrocki A*6 l9 " Torres 118 the entrance door to the Student Union. Finally, one bold candiBrenda '™ Sn y y Betse der lB " Guzman date even hung their sign on the main entrance door to the 111 Tonya DavidPolak-8 Brion Scudder - 66 basement...right over a sign indicating that the door was a fire 'Art Vanelay ~7 exit!!!! 'Tracy Weir--30 Kirn Fanmff " ~6 Further, thanks to the stuffing campaign of the mailboxes, Melissa Golen 28 0 Rick Staropoli the third floor was a swamp of discarded ads on the floor. Fynch-25 Daniel * Write in candidate Quite simply, the school looked like a circus. We at the Opinion are not privy to information about where students did their copying, or how much they paid. However, if To add to this list, I received the following advertisements in my law school mailbox (I know there have been others, but 1 don't Continued on page 4 Editor in Chief S.A. Cole Staff: Staff Psychiatrist Pepito Gomez Columnist and Editor Ken Grant Kristin Greeley Layout Graphics News Dan Kevin Hsi Reporter Business Manager Baich Columnist Janis Randy Managing Editor I Cindy Huang Columnist Editor Joe Katie McDowell II Managing Huang - - Columnist Op/Ed Editor News Editor Russ Klein Sol Sandberg Web Editor Photographer Adam Perri Russ Klein Ken Grant The Opinion, SUNY at BuffaloAmherst campus, 7 JohnLord O'Brian Hall, Buffalo, New York 14260, (716) 645-2147, is published weekly throughout theFall and Spring Semesters. The Opinion is the student newspaper of the State University of New York School of Law. Copyright 1998by the Opinion, SBA. Any reproduction of materials herein is strictly prohibited without the express consent of the Editor-in-Chief and piece writer. Submission deadlinesfor all articles are every Wednesday preceding publication (if it's on disk, you can push it to layout time on Thursday...no later that 6:00 PM, please). Submissions should be saved in IBM Wordperfect 5.1; please enclose printed copy for safety's sake. Write your box number on your disk if you want it returned. While the Opinion will not print libelous or anonymous material, all submissions shall be printed entirely and exactly (so proofread your materials), provided they are signed submissions from a member of the UB Law community (students, faculty, staff, alumni). The Opinion in no way endorses the viewpoints of its various columnists and contributors. Considering that the Opinion isn't actually a sentient being, it also doesn't think there's anything wrong with any viewpoint expressed in this publication. Vi Veri Veniversum Vivus Vici. "We have a First Amendment and we know how to use it." 2 �migration law WE GOTLETTERS! Dear Editor ofthe Opinion... I have become increasingly disappointed over the past week with the current SBA elections. I am bothered by two things in particular. First, the methods employed by certain candidates to solicit votes are childish and inappropriate for adults our age. Secondly, I wish that our student representatives were as visible and concerned about their constituents 30 days from now as they are today. The manner in which my soon to be student representatives have campaigned is reminiscent ofthe student council elections held in sixth grade. With the exception oflast semester's class director campaigns, the sixth grade was the last time I was bribed by candidates with candy! Likewise, the number and placement of election signs are an embarrassment to the professionalism that I thought the study of law embodied. While walking through O'Brian Hall this afternoon, I felt as though I was at a kindergarten art exhibit, not a law school. The need to plaster the Law School with election signs seems to me ridiculous not to mention completely ineffective. Usually this sort of thing does not bother me because I am able to ignore others and go about my business. However, I was compelled to break my silence after the discovery of campaign signs above the urinals in the men's bathroom. Not even one of life's most private acts is safe from the immaturity of some candidates. On a more serious note, not a single candidate has asked me about my concerns regarding any ofthe issues that will potentially face the next administration. The candidates appear to be more concerned with the mass distribution ofpropaganda than with what their fellow students think. I am saddened by the idea that these individuals will probably become my elected voice. I can only hope that once elected, these candidates will be as concerned about the issues that surrounded our legal education as they are with their campaigns. I would like to thank those candidates who have run a "mature" campaign. It is the integrity ofthose individuals that has earned my respect and vote, not multicolored campaign signs, letter opener, or breath mint. Jamin M. Alabiso, 1L supposed to serve and reflect the public policy interests ofthe United States. That is why spouses are given such preferential status, because the United States highly values family unification. However, in the absence ofwidespread recognition of gay marriages in the United States, gay partners should not be given a preferential immigration status. Gay rights advocates should concentrate their reform efforts in the domain of family law first and immigration law will follow. Additionally, according gay partners a preferential immigration status may cause innumerable administrative problems. As someone who has worked in immigration-related fields for over three years, I have seen the lengths aliens will go to gain some sort of legal immigration status. Marriage fraud is already a problem with regard to heterosexual marriages, as are other methods of immigration fraud, like document fraud. If we add a new category ofpreferential immigration status that can be faked, like gay partnership, it could lead to even more abuse and defrauding of the immigration laws. In sum, before enacting another preferential category of immigration status, gay rights advocates need to: (1) change the landscape of family law in the United States, (2) assess the need for such a category of immigrant status — are there really that many gay partners outside of the United States who desire to immigrate together?, and (3) study the effects of such a new immigrant category on fraud and abuse of the immigration laws. is Mike Cerrone, 2L Well-intentioned people keep complimenting my columns, mistakenly thinking that I am Russ Klein. Though Russ Klein is a gentleman and a fine writer, we are two distinct individuals. Remember: Russ Klein is tall and smooth. Russ Maines is short and lumpy. Russ Maines, 2L Editor's response: Just remember: I'm smooth! Smooth baybeee! And I got a black belt! Russ Maines: "Short and Lumpy" Russell E. Maines Russ Klein: "Tall and Smooth" This letter is in response to the article about the speaking appearance of Levy S. Soloway at the Outlaw dinner on February 28. Although I was not present at the dinner, I would like to briefly respond to some of the issues that Soloway raised. Soloway proposes that immigration benefits be given to the partners of gay individuals here in the United States. Specifically, Soloway proposes that gay partners be accorded the same p referential status as that of heterosexual spouses. As someone who is supportive of gay rights, I think that the proposal is a laudable one and should be enacted sometime in the near future. However, immigration benefits should not be given to gay partners at this present time because gay marriages are not recognized by almost every jurisdiction in the United States. Im- 3 �SBA Election Circus... Continued from page 2 one student wanted to hang 100 signs and stuff 660 law student mailboxes, were they to take advantage of Makin' Copies' deal of $005 a copy, the total price would be $38 JUST FOR THOSE COPIES! One can minimize their costs by using their own printer paper and cartridges, but paper and toner/ribbon are not cheap com- - modities. Add to this the cost of candy and trinkets that some candidates handed out, and you have a campaign that not only made the school look rather silly, but cost considerable money. I don't know about you, but I don't have the sort of money at my disposal that it would cost me to compete. Not only did the campaign degenerate into a battle of the posters and chalkboard self-promotion, but it also reached a realm of cost in dollars that many of us would have no chance of matching. This is blatantly unfair to the student body at large. Most ofthe law students I know live on extremely fixed incomes, largely determined by the amount of financial aid they receive this year. As things stand now (and with the precedent set by this year), should a wealthy person come to this school next year and decide to run for SBA office, what is to stop them from literally deluging the school in campaign signs, banners, a small plane or hellicopter overhead with a banner, and a free timex watch with his name on it in an effort to win the title ofSBA President, Vice President, Treasurer, or Parliamentarian? This narcissistic exercise must not be repeated. There is always talk on the national scene about how there needs to be election reform. I never thought I'd have to push the issue inside my law school. I recommend the following proposals be adopted immediately by the Student Bar Association for any and all future elections: * Eliminate all signs from the main body of the law school, put up only about six flyers that I could find, and Rick put up zero flyers that I could find. They have shown that an important race can be conducted based solely on their merits and candidate statements in the Opinion. Hopefully their model will be the one that is followed in the future. Lets not let the SBA election season become a festival of environmental destruction again in the future. This is a law school, and there is supposed to be a certain level of distinction in the halls. We are 1-Ls, 2-Ls, and 3-Ls...Not first graders, second graders, and third graders. -by Russ Klein, Op/Ed Editor In the Public Interest Names Its New Editorial Board by Sol Sandberg The current Editor-in-Chief of In the Public Interest, Jennifer Berger, recently congratulated the students who will make up the new editorial board for the 1998-1999 school year in a letter submitted to the associates of In the Public Interest. The editorial board for next year will be: Ken Grant, Editor-in-Chief; Fidel Gomez and Mindy Marranca, Executive Editors; Paul Gennari, Publications Editor; James Ross, Submissions Editor; and Stephanie Miner, Casenote Editor. Ms. Berger thanked the current board for their contribution to the 1997/1998 edition of In the Public Interest. Bar Examiner to talk to UB Law Students by Sol Sandberg and restrict them to the stairwells, or other more approriate areas. * Ban all candidates from putting campaign advertisements on any classroom chalkboard. * Ban all campaign advertisements from being anywhere near the SBA office. * Ban all candidates (and their helpers) from giving away campaign trinkets/food. As an initiative of the Career Development Office, Diane Bossey, a bar examiner, will come to UB Law on April 15 to give an overview to students on what they can expect on the bar exam. According to Scan O'Buckley of the CDO, Ms. Bossey will also inform students on what she looks for on the essays. At the meeting, Melinda Saran will be on hand to discuss reasonable accomodation for people with disabilities Forms for the bar exam are expected to be available then. Makin'ite-Happen * Ban all candidates from sending mass e-mail campaign advertisements. This is just a start of what needs to be done, and it does not make nary a dent on the campaigns of future SBA members. For one, the Opinion generously threw its doors open and offered any candidate thechance to make a candidate statement, and even made it easy for them to have a picture with their statement. This year, for example, all but one of the ballot candidates provided us with a candidate statement, and most of those also got their picture taken for the special SBA Election Insert we provided. Finally, while not singling out any one candidate for derision (this is not a personal grudge against anyone I like some of the people who I have criticized harshest), I would like to express praise of two candidates. In the Vice President race, Kirn Fanniff and Rick Staropoli have conducted themselves quite professionally. Kirn - SBA Election Circus... http;^iiigs.krffabediife>t)piniaii Continued next column 4 �UB Law School Gold Group Announces Call For Nominations S THE POTLITE by P>vO« PRESENTS KI.IIM ELECTION "SBA BLUES"4-6-98 by Ilene Fleischmann The University at Buffalo Law School's GOLD Group (Graduates of the Last Decade) announces a call for nominations for the "GOLD" Award, available to any third-year law student who has demonstrated leadership skills while enhancing the mission and reputation of UB Law School. According to Ilene Fleischmann, Assistant Dean and Executive Director of the UB Law Alumni Association, "This award recognizes students whoare already supporting the GOLD Group's mission: working to strengthen the Law School and its reputation. "There are many soon-to-be alumni who will undoubtedly be valuable members of the GOLD Group. This is our opportunity to thank them for their help." Law students, faculty, administrators and UB Law alumni are all eligible to nominate candidates. Self-nominations are accepted. Deadline for submission is Friday, April 17,1998. Nomination materials can be obtained in the Law School's Career Development Office. Anyone with questions may call Dean Fleischmann at 645 2107. The GOLD Group is a division of the UB Law Alumni Association and is comprised of UB Law alumni who graduated within the last ten years. Its purpose is to encourage and solicit participation and involvement by recent UB Law graduates in the UB Law Alumni Association and its programs and events, and to provide social and educational opportunities and facilitate the growth, integration and development of recent UB Law School graduates into the legal community. Law Review News... Continued from page 1 view member Corinne Carey case note will be included. Issue 46-2 is scheduled to be published some time in the summer. The Law Review is published three times per year. First year students can pick up ofmaterials for the Casenote Competition between 9 am-12 pm on May 16 and May 18. Materials must be returned on May 26 or May 28 between 9am and 12 pm. For more information contact the Buffalo Law Reivew. Admissions to Continue... Continued from page 1 municate with each other. This is especially the case, this year, since international applicants are now able to obtain the application by downloadingfrom the internet thus eliminating the need to order the application by mail. Exact numbers for current international applicants are not yet available. However, there is a strong impression in the Office of Admissions that international applications has increased significantly in the current year. The feeling in certain offices on the third floor is that the growth in international applicants can be attributed in part to the development of UB Law's internet website which now contains a wealth of information from the school catelogue and other sources accessible all over the world. Submissions to the Opinion are due Thursday by 5:00 pm, in the Opinion's basement office. Please submit any work in WordPerfect 5.1 format and include a hard copy. We look forward to your submission(s). \SBA ELECTION '98 RESULTS ON BACK PAGE... 5 �The Dean Search Campus Apartments To Open In July by Dan De Federicis by Sol Sandberg "What is happening with the dean search?" is the question to two put faculty members on the Dean Search Committee on 1 Thursday. One faculty member commented that he had nothing substantive to say about the search, but he did say that the committee was busy coming up with a job description for the new dean. He referred me to Barbara Howe, the Chairwoman of the Committee for more information. Another professor, Sue Mangold, declined to comment on the committee's activities. Some students, however, are beginning to become more vocal about who they want as the new dean. One student group, the Latin American Law Student Association, announced recently that it would begin campaigning for a Hispanic Dean. UB Law has never had a Hispanic dean. Asked why she felt the school should hire a Hispanic to be dean, Allison Dunlop, the President of the Latin American Law Student Association, explained that there are no Hispanic professors or faculty members despitethe presence of other minorities such as African-Americans, Asians, and Women. Ms. Dunlop said that LALSA plans to circulate a petition calling for a Hispanic Dean. The new graduate student campus apartments should be ready for occupancy by July 1, according to Don L. Erb, Residential Facilities Manager of University Residence Halls. The 115-unit $8 million project features townhouse style apartments and is located off the northwest corner of the Amherst campus, near the intersection of Chestnut Ridge and Sweet Home Roads. Each apartment offers 2 bedrooms, 1-1/2 baths and contains many other practical amenities desirable to graduate students. "We tried giving them a comfortable, homey feeling, not institutionalized," declared an enthusiastic Erb. He proclaimed that this project was "very exciting for the university, very exciting for the students." There are two styles of apartments available. Most units will be a two bedroom, two story townhouse style. There will also be two bedroom handicapped accessible ranch units available. The prices will range from $710 for unfurnished units, to $725 for furnished. According to Erb, these prices are "very competitive" with other newly built townhomes in the Amherst area. Furnishings are limited to bedroom furniture, including dressers, nightstands, desks, as well full size beds with mattresses. Washers and dryers will also be provided, they will be installed on the second floor. There will be a maximum occupancy of 4 adults per unit. For students with children, 1 infant under 1 year of age can be excluded from the 4 person maximum. Variable lease optionsrange from 12, 18 or 24 months, with no increase in rents for the duration of the lease. Residents will be allowed to sublet during the summer. Submissions to the Opinion are due Thursday by 5.00 pm, in the Opinion's basement office. Please submit any work in WordPerfect 5.1 format and include a hard copy. We look forward to your submission(s). Erb advised that there will be many unique features to these apartments, which should make them desirable to the graduate/ professional student community. Each unit will have full communication hookup to the university computer system via direct ethernet connections, which Erb explained is 10-20 times faster than a modem. This feature allows students to use the computer without tying up their phone lines, allowing them more research options. Residents will also be able to access the community building located at the center of the complex. This building has a meeting room/social center which includes a kitchen, couches and a large screen television. Residents will be able to reserve this building for family, educational or social functions. Shuttle service will provide residents with transportation to the spine, which should certainly interest those with transportation problems, or those that don't wish to battle for parking spaces. Access will be limited to graduateand professional students, with an exception for married undergraduates. There should be a model available for viewing starting this week. Interested students who wish to view the model or obtain an application should contact the University Residence Halls at 645-3006. This should be done immediately, because Erb explained that occupancy will be on a first come, first serve basis. Erb stated that they would like to see a diverse group of students living there, including law students. "Oh, absolutely" Erb replied with a smile whenasked about the desire for law students to reside there. "We can't wait for them to challenge our lease." 6 �Credit Denial The Smoking Gun I guess my little letter two weeks ago stirred the pot enough to get me my own column. This way I can speak to all of you every week. Aren't you lucky?! Anyway, this is the second of the comments regarding the grading policies here at our fine institution. Why do we get grades based on arbitrary letters of the al- Do you suffer from credit denial? I do. Each month the credit card bill comes and I say to myself "Oh I'll deal with this next month." I scribble a check for the minimum amount and drop it in the mailbox. Bad idea. Let's say you are 30 years old and owe $3500 on a credit card with 18% interest. If you routinely make the minimum payment, when will you be debt free? WHEN YOU ARE 70 YEARS OLD!!! OK, you say, I definitely want to dispose of this credit debt before I am wearing Depends and spending my week nights taping Matlock reruns. I suggest taking action right now. Call your credit card company today and tell them that you want a better deal. Call the 800 number on back ofyour card and ask to speak to a representative about getting a lower interest rate. Here's a great opportunity to put those moot court skills to the test. If this is the first time that you are making such a request, chances are that the rep will check your record and offer you some break on the rate. I rehearsed and rehearsed before I called only to find that the representative was willing without a peep from me to lower my interest to 9.9% for six months. If you have more than one credit card you might want to think about consolidating. Call each company and explain to them that you are interested in finding out how to go about transferring a balance from another credit card. This is a great opportunity to renegotiate the terms of your card. I took advantage ofthe transfer balance to get my six month 9.9% interest rate promotion extended for sixmore months. The representative will lead you to believe that the rules are set in stone and that even a talk with the supervisor will get you nowhere. Not so! Always keep in mind that these companies will bend backwards to make flexible payment plans for people who default on their payments. So why shouldn't they be as flexible with customers that do pay their bills on time? phabet? On a recent interview I had a difficult time explaining to the interviewer that No, I wasn't a disabled student and No, I wasn't taking the course pass/fail and Yes, that Q gold star really is a grade. 1 mean I thought that gold stars were for third graders. Additionally, why do we even have this system when the conversion chart to a normal grading system is on the back ofthe transcript. Relax students, a Q is really a B, not a C. The companies arid firms we eventually work for convert the grades anyway, as by the way does CDO when speaking to employers, so what really is the point. Companies cannot evaluate students as compared to students from other schools based on our modified pass/fail system. Yes, let's admit reality, every class is basically a pass/fail class with few exceptions. The school likes to believe that the grading system fosters a less competitive environment and that the system is modeled after the one at Yale. Let's be realistic though, we are NOT Yale. Yale students do not need to go and find jobs, they are "recruited." Additionally, at Yale students are afraid to sign their names on writings that may be controversial and may be held against them 30 years later when they are running for office. Yeah, not competitive!! Finally, whatis wrong with a little competition, it is the basis of the free market system. It is what has made this country great. To my recollection, communism lost! My point to all of this is a simple message to the powers that be. Let's scrap the "alphabet soup" system and adhere to the deadlines for grade submission. It will allow students to understand where they stand in relation to each other. by Dan Baich by Randy Janis The New Fourth Branch of the U.S. Government necessary for this? If a Constitutional amendment is necessary What's happening with this Kenneth Starr character and his position as special prosecutor? I don't recall the U.S. Constitution creating a fourth party to participate in the checks and balances within our government. Historically, one ofthe main reasons for the U.S. government's success was the balance ofpower and vulnerability to checks from each branch of government. However, now the executive branch is under much greater scrutiny than the legislative and judicial branches. Why is the executive branch being singled out and assigned a fourth party which sole function is to investigate for grounds for impeachment? Surely, the executive branch is not the only branch susceptible to corruption. Therefore, shouldn't we assign a special prosecutor to each Congressman and each Supreme Court Justice so as to restore the balance of power? Wouldn't that create a fourth branch of our government, or at the very least, greatly expand the power and influence of the judicial branch? Isn't a Constitutional amendment to do this to the other two branches of government, why isn't it necessary to do it to the executive branch? I ask these questions because the existence of a special prosecutor which sole function is to investigate one branch of this government, without corresponding prosecutors assigned to the other two branches of government, seems to upset the principle of checks and balances demanded by the Constitution. If such a central principal of the Constitution is so easily extinguished - - how safe are the others? by Marc Perrone 7 �K bIcinhe omedie! — Hitler shows up at an Aryan Nation meeting and tells them they're all disgraces to the White Power movement ("If I see any of you on Cops again, you're going back to the Brown Shirts! Schnell! Schnell! Kartoffelkopf"). — Hitler (the "Aryan Barbarian"***) takes up pro wrestling and gets super-slammed by a tag-team group of wrestlers made up of "The Pink, Triangula! Madma3," "TluNhrowing Star ofDavid," "The Gypsy of Death," and "The Pissed Dissident." — In a special all insane-tyrant tv drama, Hitler, Stalin, and Mussolini show up in an orphanage as ghosts who have to perform good deeds in order to save themselves from the fires of hell. Then Michael Landin from Highway to Heaven show up and beats them senseless. You'll notice that last one mentioned Stalin and Mussolini. Good news for all who want to display their knowledge of history, current events, and their cutting-edge wit-this type ofhumor works with almost any mass murderer, notorious bigot, or basic psycho. Usually, the more people who have been killed, maimed, or wronged in some hideous fashion, the funnier it is you'll be. Conversely, mentioning anyone nice is what we call a "comedy killer." To be funny, avoid all mention of Mother Theresa, Princess Diana, Jesus, or those two girls who were on the news last week as courageous conjoined twins. Unless, of course, you do something hideous to them, like splicing their face onto Pamela Anderson's body, pointing out that one can take being all over the press a little too far, making jokes about looking like a Dead Head, and suggesting that David Copperfield saw you in half, respectively. But Cole, you might say, in order to be funny does one have to be truly tasteless? I mean, this stuff is sick! Is it really necessary? Of course not. If you don't like this kind ofhumor, there's a wide variety comic styles out there that could be for you. Most of them involve the questions "What marketing genius came up with that one?" and, "Who thought that was a good idea?" Many people find this funny; I don't, but then again, who wants to work on the same comedic level as the chick who finds humor in Hitler? A recent NPR report discussed scientific research about the function of laughter in human society. "All humans, all over the globe, laugh the same way," said researcher Dr. David Provine. "But most laughter is in response to commentary that sounds like the dialogue on badly written sit-coms." The researcher has followed people around for years, listening to them talk and laugh, and came to this conclusion: "Most laughter follows commentary that isn't very funny." Dr. Provine went on to explain that laughter designates one's position in society. A laugh with the boss levels out the power structure, a shared laugh with a group let's everyone know that they are on the same wavelength. Laughter is the result of the finelytuned human nervous system; in many ways, we are sensitized to more than we need to percieve in order to survive, and the effluvia of this perception is the laugh. I took from this report two messages. One: I am right to think that, despite the laughter surroundContinued on page 10 My freshman year of high school, I discovered two things. One I would later abandon as too irritating to be used any more than sporadically, and the other I would cling to as too irritating to be used any less than regularly. The first was make-up. The second was a revelation, a truism realized by modern society's prophets from the dawn of the mass media entertainment industry.* The revelation? Hitler is funny.** Used properly, Hitler is really funny. Before you read the rest of this, please let me impress upon you that I am all too aware that finding Hitler funny is not a nice thing. But also, let me assure you that the conclusion of this article contains a profound and totally unsubstantiated insight into the human mind that makes my whole theory sound legitimate. That 1 am totally unqualified to make such a psycho-socio conclusion is just something you'll have to ignore. Correct me if I'm wrong, but the following block of text isn't very funny: Sam came home from the bar depressed. He sat down at the table in his living room, patted his dog, and considered suicide. After all, he always wanted to be an artist; it was just that his career got in the way. He wondered if the world would be any different if he were to die. Eventually, however, he just took a shower, played with his model train set, and concentrated on a camping trip he was planning when he traveled to Poland the next year. Then he put on some lacy underwear. This seemed to perk him up. Okay. Now merely change that first word to "Hitler." And there you go! Comedy! [No; don't keep reading. Really do it-go back and read it again. If you don't, you'll mess with theflow of myarticle, thereby tinkering with the space-time continuum and causing our galaxy to fold itself into a black hole; this would of course result in the complete extermination of mankind. Now. You don't want that, do you? Then you'd be worse than Hitler. So just go back and read] [Okay, if you haven't read it again and insist on going forward, just remember, I warned you, O Savage Annihilator of the Universe] Ha ha ha Wasn't that funny? Yes? No? Hmmm. Maybe you're more of a neo-classical surrealist. Let's try this one: Tcntl) of mi 'Jlbci-ninu A one-act play by Tennessee Schmidt / The set is bare, with one crate on the edge of stage left. HITLER enters. He is carrying a gun. HITLER: Boy, this orange sure is going to taste good. Mmmmm....Florida fresh! He tries to peel the gun and shoots himself in the head. Wasn't that wacky? Hitler is just one endless source of amusethat you've seen how it's done, imagine for yourself the following scenarios: Hitler goes to grad school and ends up in a Black Women's class. Studies ment. Now — 8 �Ich bin em Komedie... Continued from page 9 ing them, most people just aren't that funny. In fact, most people have the lively good humor of a dead animal in the road (not the squished, bloody kind — now that's comedy). Humor is of course a matter of individual taste; speaking as a an individual, laughing at the weak jokes ofthe average Joe makes me feel like I'm trying to swallow an old piece of shoe leather. With gum on it. And dog doo. Two: People laugh at horrible things because their nerves have no other way to process the magnitude, significance, or horror of what they percieve. Hitler: responsible for the death of millions. I go through life, every day, knowing that this happened. I can't ignore it. I can't think about it all the time (boy, would that be a bummer). So I process it via humor — and most people laugh with me. I think this relation of humor to tragedy, to monstrosity, is why comedians often kill themselves, or at least work dilligently at their own distraction. Two of the funniest people this country has ever produced, Lenny Bruce and John Belushi, died while injecting themselves with pain and misery (oh, yeah, and a little bit of heroin, too). Bruce and Belushi died in a world that gave them everything...money, fame, and—all-important to a comic— a willing, delighted audience. But they needed something to maintain their proximity to tragedy — even as they overcame beginnings that were less than idyllic. Keeping in touch with the rough side of life is how many comedians keep the edge on their humor (I, personally, stabbed myself repeatedly in the shoulder, with a fork, to crank out those Hitler jokes up there). Drugs and self-abuse were what Belushi and Bruce inflicted on themselves to keep in touch with tragedy and comedy. On they other hand, they probably would have found the profound words etched above screamingly idiotic, ridiculous, and eminantly mockable. "She coulda ended that article on a funny note....but noooooooo," would have snarled Belushi. "What's this, some sorta profundity, some sorta beatnikwannabe schmaltz! I don't got time for this. She don't use enough cuss words," and then Bruce would have said what he later referred to in court as "blah-blah-blah." Anyway, remember: Hitler, funny. Tragedy, funny. Life, tragic. Life, funny. Thankyouverymuch. — S.A. Cole * See Chaplin's film The Great Dictator, Mcl Brooks'The Producers, yada yada yada.... ** Ha! Made ya look! Made ya look! ***Yes, I stole it from Saturday Night Live. And I suppose you never ale grapes at the supermarket? THE OPINION WANTS YOU! - Yes, thats right YOU! All submissions due by spm Thursdays, in our basement office. Give us your columns, cartoons, poetry, and even letters to the editor. Work with the most unique staff in the law school! (or leave a note in box 95 or 27 your choice) Top Ten Things Overheard During Perspectives (10) "I'm soooo glad they dragged me in here on a Friday to hear this enthralling lecture." (9) "I don't think this is quite what the A.B.A. had in mind." (8) (programs) "click" (Accessories) "click" (Games) "click" (Solitaire) "click" (7) "Zzzzzzzzzzz" (6) "What time is it?" "3 minutes from the last time you asked." (5) "Oh boy! Another mock hearing!" (4) "Is he wearing the same clothes again?!" (3) "That last written assignment was very worthwhile. Now I have something to line my birdcage with." (2) "What was Olsen smoking when he came up with this crap?" (1) "I have to go for a walk to the Uhh bathroom. Be back in 40 minutes." .. . . .. by Dan De Federicis When Did Our Tuition Go Up?* Year Tuition 1887-1888 1918-1919 $100. 1921-1922 1927-1928 1947-1948 $200. $250. $300. $350. $400. 1951-1952 1955-1956 1957-1958 $500. $600. $880. 1937-1938 1938-1939 1960-1961 1963-1964 1972-1973 1976-1977 1979-1980 1981-1982 1983-1984 1986-1987 $150. $1,000. $800.** $1,600. $2,000. $2,200. $2,500. $3,150. $3,214. »** 1995-1996 Spring 1997 $6,100 $7,350 �Source-University at Buffalo Law School-100 Years 1887-1987 **tuition seems to have gone down for this year. * * *date for 1988-1994 unavailable at press time. - 9 �_ | TN ro i M Tm/ / KTiJL __■ \ C3£B*£ 1 wooc, s^^^yj^\%&fr VW?7 pLf^£. , i»tt»n» M.aNxnc, flNi> «<J- You. &ri\s<\ ')j f - , (< j JCh . ( Iltstcm, s // ISAA 1I I a* ~,_,. *** ******** 1 �Abasement free newspaper the ~~r ~l <o age atomic the 6 c k c r HALL MOOT X)URT - 1 LOCKERS s~ rr~ \ W iHH— m m < X for _i THE STORAGE AREA I < x OPINION OFFICE 11 $ § M N �SBA Election '98 PRESIDENT number of votes Tonya Guzman Brenda Torres Melissa Golen Dan Fynch 175 88 51 17 VICE-PRESIDENT Kirn Fanniff Rich Staropoli 159 157 TREASURER Betsy Snyder Brion Scudder David Polak 141 85 80 PARLIAMENTARIAN Andrew Zakrocki Tracy Weir 239 42 Nathan Van Loon: Taking ballots, SBA Election '98. ■ $10 Student Activity Fee Increase Yes 191 No 147 Joe Reynolds, 3L: Soon to be Vice President Emeritus. Preparing himselffor the task of tabulating your votes. half an hour before the close of i The Opinion is seeking staff members for next If you think you've got what it takes, please contact S.A. Cole year. or Russ Klein. Translation of our Latin Motto: "Cthulhu2ooo: Why Settle for A Lesser Evil?" 12 � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Opinion, 1998-04-06 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. The Opinion no. 14 06.04.1998 Date Issued Date of formal issuance (e.g., publication) of the resource. 4/6/1998 Bibliographic Citation A bibliographic reference for the resource. Recommended practice is to include sufficient bibliographic detail to identify the resource as unambiguously as possible. 38 14 Publisher An entity responsible for making the resource available University of Buffalo State University of New York at Buffalo Law School Language A language of the resource eng Type The nature or genre of the resource Newspapers Text Is Part Of A related resource in which the described resource is physically or logically included. LIB-LAW003 Rights Information about rights held in and over the resource <a href="https://rightsstatements.org/page/CNE/1.0/">COPYRIGHT NOT EVALUATED</a>. The copyright and related rights status of this Item has not been evaluated. Please refer to the organization that has made the Item available for more information. You are free to use this Item in any way that is permitted by the copyright and related rights legislation that applies to your use. This digital collection is made available for research and educational purposes. Researchers are responsible for determining copyright status, and securing permissions for use and publication of any material. Copyright for items in this collection may be held by the creators, their heirs, or assigns. Researchers are required to obtain written permission from copyright holders and the University Archives prior to reproducing or publishing materials, including images and quotations. For inquiries about reproduction requests and permissions, please contact the <a href="http://library.buffalo.edu/archives/">University Archives</a>. If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/ce0315b2db35e91f590305ac2ee2aad9.pdf 4324ed980e473191ff53e4bde67aeacc PDF Text Text OPINION Vol. 38, No. 13 Kennedy "Vi veri veniversum vivus vici. " at UB Law 3.30.98 by Kevin Hsi On March 24, international human rights lawyer Kerry Kennedy Cuomo spoke at U.B. Law School before an audience of over 40 students and faculty. Despite her association with two famous political families (she is the daughter of the late Robert F. Kennedy and the wife of Andrew Cuomo, the U.S. Secretary of Housing and Urban Development and the son of Mario Cuomo), Kennedy Cuomo has established a name for herself by becoming an internationally known advocate for human rights for over a decade. She is the founder and former executive director of the Robert F. Kennedy Memorial Center for Human Rights in Boston. Cuomo's appearance at Buffalo was due in part to U.B. law professor Makau Mutua. Mutua is an international law professor, a human rights activist and the faculty advisor for U.B. Law's Human Rights Law Journal. Kennedy Cuomo is a member Continued on page 4 Don't Rock Kerry Kennedy Cuomo and Makau Matua the Boat Fasken Team Wins Competition by Sol Sandberg According to Professor Frank Munger, if there is a general idea among the faculty on who the new dean should be, it is that the new dean should not be someone who will "rock the boat". Professor Munger is a member of three person "Committee on Committees," elected by the entire faculty, which recently nominated the faculty members on the Dean Search Committee. The newly appointed faculty members are James Atleson, Dianne Avery, Makau Mutua, Sue Mangold, and George Kannar. They are joined from the legal community by the Hon. Barbara Howe who is Search Committee's Chairwoman, James Magavern, Esq., Hillary Bradford, Esq., and the on 1 y by Sol Sandberg UB Law's Fasken team has won first place in the Fasken Campbell Godfrey Competition. Leigh Gould, a IL, won Best Oralist. The Fasken Competition is the only Jessup Moot Court competition open to first year students. It is sponsored annually by the law firm of Fasken, Campbell, and Godfrey. The competition was Continued on page 6 Inside this issue of the Opinion ... The SBA Election '98: Special Opinion Insert Sex Sells and We Pay the Price II American League Preview. 14 news, cartoons, poetry, and other delights ... ... Continued on page 6 1 �Short Editorial LCAWOET ETTER! .. DEAR EDITOR OF THE OPINION. Welcome to this week's convoluted issue of the Opinion. In a rare convergence of events, the Opinion staff last week found themselves grappling with a Doom's Day-sized mixed bag of journalistic obligations: the SBA elections, and April Fool's Day. Now, some on the staff raised a puckish eyebrow when we realized the possibilities of an SBA/April Fool's edition. Ever the responsible law students that we pretend to be, however, we decided to strictly separate the two topics with the vigilance of an spinsterly chaperon. Hence, anyone looking for laughs in the April Fool's section is directed to the "humorous" shell surrounding this serious publication. Meanwhile, anyone looking exclusively for serious SBA candidate options and legitimate news/opinion is instructed to only peruse the actual paper contained within. We apologize for this issue of the Opinion being so gargantuan, but we assure you that our large size is not indicative of decreased quality. Meanwhile, while the Opinion does not endorse candidates or political positions, it's Editor-in-Chief does, and if you want to see more issues of the Opinion next year, then make sure you vote "yes" for the fee increase on the upcoming referendum. I'm as poor as the rest of you, but ten extra bucks ain't so I figured that Mr. Perri wasn't getting hit from enough angles this semester, so I decided to get at him from another angle. I'll leave any points that offend on the basis of their reference to gender or their insensitivity to those recovering from debilitating alcohol addiction to my able and articulate colleagues. It is not surprising to me that Mr. Perri displays pride in being a man in much the same way that he does as a drinker—with an air of superiority and arrogance that leaves little room for considering the quality of "the other" (read: woman, drug taker, or one who abstains from drinking alcohol). Unfortunately, Mr. Perri's characterizations of drug takers are just as flawed as his characterizations of women have been. My work with drug users for the past six years renders me at least somewhat qualified to point out these flaws. Editor in Chief Staff: Music Guru ... all undergo an individual experiences [sic]" "Drug takers & "[t]he drug experience is not a shared one ...." In fact, drug taking is often an intensely communal experience. It is this very reality that fueled the AIDS crisis in the injection drug using (IDU) community (and it is a community). Up until the time that it became clear that the costs of sharing syringes far outweighed the benefits of doing so, bad. IDUs routinely shared syringes to introduce heroin, cocaine, and Thank you, and enjoy this week's multifarious edition of other substances into their veins. Syringe sharing is still quite the Opinion. common where federal and state laws have prevented the utilization --S.A. Cole continued on page 2 Graphics and Layout Editor Business Manager Managing Editor I Managing Editor II Op/Ed Editor News Editor S.A. Cole Ken Grant Dan Baich Cindy Huang Joe Huang Columnist News Reporter Justin Archangel Kristin Greeley Columnist Kevin Hsi Randy Janis Katie McDowell Columnist Adam Perri Web Editor Russ Klein Ken Grant Columnist Russ Klein Sol Sandberg Photographer The Opinion, SUNY at BuffaloAmherst campus, 7 John Lord O'Brian Hall, Buffalo, New York 14260,(716) 645-2147, is published weekly throughout theFall and Spring Semesters. The Opinion is the student newspaper of the State University of New York School of Law. Copyright 1998 by the Opinion, SBA. Any reproduction of materials herein is strictly prohibited without the express consent of the Editor-in-Chief and piece writer. Submission deadlinesfor allarticles are every Wednesday preceding publication (if it's on disk, you can push it to layout time on Thursday..no later that 6:00 PM, please). Submissions should be saved in IBMWordperfect 5.1; please enclose printed copy for safety's sake. Write your box number on your disk if you want it returned. While the Opinion will not print libelous or anonymous material, all submissions shall be printed entirely and exactly (so proofread your materials), provided they are signed submissions from a member of the UB Law community (students, faculty, staff, alumni). The Opinion in no way endorses the viewpoints of its various columnists and contributors. Considering thatthe Opinion isn't actually a sentientbeing, it also doesn't think there's anything wrong with any viewpoint expressed in this publication. VI Veri Veniversum Vivus Vici. "We have a First Amendment and we know how to use it." 2 �experienced users teach the novice how to use without overdosing, experiencing negative physiological reactions, or contracting of needle exchange programs. blood-borne infectious diseases. Do whiskey drinkers in a bar pass around one glass of Theproduction of many illicit drugs-from LSD to crack whiskey, each taking a shot? No, they are each doled out their to heroin-is at least as complicated as the process for distilling own shot glass, which they consume individually. Not so for the alcohol. And the sale and procurement of illegal substances in recreational marijuana smoker. "Sharing a joint" is common this country has, at least since the passage of the Harrison practice, a practice of the culture, and one not borne of necessity Narcotics Act which for the first time in 1914 criminalized opiates (one cigarette is not often shared, despite the similarity in ingestion and cocaine, been a highly cerebral activity. For each new step of the two). Passing around a marijuana cigarette is done,rather, that law enforcement takes to chip away at the privacy and liberty for the enjoyment inherent in sharing a protections in the Constitution, drug pleasurable activity with ones friends or loved ones. sellers and users have devised innovative techniques to evade law users: what is a a fun trip without traveling enforcement. Anyone who's actually read past the headnotes of And LSD partner? Many people who choose to use LSD, Ecstasy, criminal procedure cases can see that drug sellers and users are often far more informed about current constitutional caselaw than psychedelic mushrooms, and other psychoactive drugs (nonprescription) use those drugs in groups, often pairing up—both their counterparts in law for safety (physical and mental) and for optimal enjoyment. enforcement (many of whom you can find in that corner bar after Many currently scheduled drugs were once, and are still, their shirts). used in religious or spiritual ceremonies —from peyote in the No such problem for the drinker. He only needs to worry Southwest of this country among the Native American Indians to about whether he becomes so drunk during an evening out with the coca leaf in the mountains of Bolivia. They are used to the guys that he decides he really is capable of driving home. celebrate the seasons, marriage, birth, death, and life. Drinkers also risk the possibility of arrest for public intoxication, Sociological and ethnographic literature is ripe with but that crime is a sham. Most people arrested for public studies of "drug using" communities. intoxication are not arrested for the content of alcohol in their Unhealthy and unhappy drug use may be solitary, just as body at all, but rather, for making an ass or a nuisance of drinking alone is often a sign of ill-health and (some would say) themselves in public. But I suppose that may be a "abuse." But certainly the vast majority ofrecreational drug use difficult distinction to make in some cases. is enjoyed by its users as a worthwhile social activity. Those who fervently cling to the notion that somehow alcohol and tobacco and caffeine are far different, far more "Unlike the use of drugs, which requires no more intellect sublime, far more controlled thancannabis, opiates, amphetamines, than the amount needed for a and psychedelics traffic a false dichotomy that controls this Stone Age savage to pluck a leaf off of a plant ..." nation's current drug policy. A policy which each year expends millions on ineffective interdiction efforts, and takes childrenaway The proof for this? Mr. Perri offersthat the understanding from their families. A policy which marches out street officers of the distillationand brewery processes indicate a "vigorous and (many ofwhom are people ofcolor) to kill their neighbors and to cerebral people." But consuming alcohol requires none of the die fighting the drug war. And a policy which sends to prison supremely complicated understandings that Mr. Perri cites. thousands of peaceful marijuana smokers, including medical Perhaps Mr. Perri indeed possesses the cerebral capacity to marijuana users (or heroin, cocaine, or LSD users)~whose only produce the alcohol that he drinks, but most ofthe drinkers I know crime is the ingestion of a prohibited substance—while the country's need only drop by the corner bar and order their drinks, or stop in legislature, judiciary, and police forces tip their glasses in Wilson Farms on their way home from school for a six pack and celebration. drink themselves into oblivion (alone?) until the late-night infomercials flicker from the television in the darkness. Corinne A. Carey, 3L The consumption ofillicit substances, however, is more complicated; it often involves the procurement of various PS.: In contrast to the bonded, closelyknit community of drinkers paraphernalia. Additionally, consumption occurs in different steps who share warm celebrations of life, Mr. Perri characterizes those as opposed to tipping and swallowing. The process of "initiation" whotake drugs as "solipsistic" (connoting a belief in the self alone, into drug use-while often vilified- -serves a useful function; closely synonymous with "egoism"). Curious.... Continued from page 2 Translation of our Latin Motto: "But then well all go on forever! Because we're all messed up THE OPINION WANTS YOU! - Yes, thats right YOU! All submissions due by spm Thursdays, in our basement office. Give us your columns, cartoons, poetry, and even letters to the editor. Work with the most unique staff in the law school! (or leave a note in box 95 or 27 your choice) - together!" 3 �Continued from page 1 of the journal's board. In her speech, Kennedy Cuomo described Mutua as "one of my closest friends whom I look up to" and "one of the most amazing human rights activists I've known." Kennedy Cuomo's speech was called "Human-Rights Activism: Courage in the Face of Terror." The speech was based on a ledger written by Kennedy Cuomo on 50 human rights activists from around the world whom she have known through her work at the Center. Her speech profiled nine of those activists from places such as Kenya, Indonesia, Algeria, Tibet, India, Ireland, SouthAfrica and even the U.S. itself. The U.S. activist, in this instance, is Stacy Kabat, a woman from Boston who started a battered women's center. Unlike many similar organizations, Kabat takes her center a step further by actively trying to get the district attorney and the police department to actively try and arrest suspected wife batterers, rapists, and other abusers ofwomen whom both Kabat and Kennedy Cuomo view as human rights violators. Despite being, by her own admission in the speech, "married to a member of President Clinton's cabinet", Kennedy Cuomo said she does not shy away from attacking the U.S. governrment on its lack of support for human rights in certain areas. One reason for this is she "believe[s] that the United States, more than any other country in the world, have an obligation to protect human rights... [in part] because it was founded by people who were fleeing from persecution... therefore they were concerned about their human rights." Kennedy Cuomo emphasized thatit is crucial that the U.S. uphold its human rights obligation because "when we don't obey our own laws, all of our laws are jeopardized and therefore none of our principals would be safe." Among the areas of U.S. foreign policy which Kennedy Cuomo criticized was the U.S.'s failure to put pressure on China despite the country's numerous human rights violations, particularly in Tibet. She pointed out that in Tibet, she knows about an imprisoned young Buddhist nun, Funtsok Needron, who was sentenced to twelve extra years in prison simply for singing and recording a pro-Tibetan song which she made while in prison. Likewise, one of the other activists whom Kennedy Cuomo mentioned was Banbang Mugionto, a lawyer from Indonesia. Mugionto represents various indigenous tribes and tries to protect them from repression by military forces who "work on behalf of U.S.- based multinational mining corporations such as Freeport McMahon." Mugionto persists in his work despite numerous death threats by the military and warnings from the Indonesian government. Kennedy Cuomo also talked about the courage ofAlgerian human rights activist Zazi Sadou, a journalist who founded the first feminist news organization in Algeria. Sadou stands out as a symbol of courage in part because she "is a journalist in a country that have killed more journalists than any other country in the world." Algeria is currently in the midst of a brutal civil war between the government and the Armed Islamic Front (AIF) which have killed over 120,000people in the past few years. In this volatile political situation, Sasou continues to be a vocal critic of both sides and even exposed through her writing, the AIF' s hypocritical practice ofrounding up local women to be used as sex slaves despite their official Muslim fundamenta, list views. Despite her fame and courage, Kennedy Cuomo mentioned that Sasou remained very humble about her own accomplishments and even asked Kennedy 4 Cuomo not to mention her in her speeches. Instead, Sasou asked her to talk about "the women of Algeria who resist oppression on a daily basis." Such is the spirit which permeated the lives of the various activists whom Kennedy Cuomo discussed. Following Kennedy Cuomo's remarks, the audience in the room asked her a variety of questions ranging from economic sanctions, the purpose of the law, the moral standing of the U.S., and the role of corporations in adhering to humanrights. Francisco Ayala, a 1 L, asked a more direct question when he asked Kennedy Cuomo for advice on how students can get involved in working for human rights. Kennedy Cuomo responded by offering a number of steps: 1)read the newspapers to get some idea ofwhat is going on out there 2) surf the Web to find out further 3) volunteer at a local human rights organization 4) seek an internship with some human rights organization 5) work on the ratification of human rights treaties 6) taking part in human rights activities such as marches 7) talking to other people in the field and those around you who have similar interests. Kennedy Cuomo apparently left with a very favorable impression of the students of U.B. Law. During her speech, she mentioned that she was "very impressed with the fact that whenever I mention all these foreign sounding names, I see half the faces in the room nod their heads as if they know who I'm talking about... it's very comforting to see this level ofknowledge [of human rights issues] in an audience." Minority Access Dinner by Kevin Hsi On March 13,approximately 15 U.B. law students braved the freezing rain, sleet and snow to attend the First Annual Attorney Access Dinner which was held at the Buffalo Hilton.Despite the terrible weather, over 70 people were able to attend the event which brought students together with partners and associates from some of Buffalo's largest law firms. The dinner had a dual purpose as a fund raiser for Attorney Access and as a networking opportunity for students ofcolor. Thekeynote speaker ofthe evening was Leroy C. Richie, the former vice president and general counsel for Automotive Legal Affairs at Chrysler Corporation, and the current Commissioner of the American Bar Association's Commission on Opportunities for Minorities in the Profession. Richie was introduced by Mark Pearce, the president of Attorney Access and a lawyer at the Buffalo firm of Lipsitz, Green, Fahringer, Roll, Salisbury & Cambria. Pearce noted that Attorney Access was developed in 1991, as a result ofthe recommendation of the Erie County Bar Association Task Force on Minorities in the Legal Profession. It was one of the first programs developed in New York State that was designed to increase employment opportunities in private law firms for law students of color. However, despiteAttorney Access' private firm emphasis, it works to help students of color find jobs in all kinds of legal settings. Attorney Access is one of only a handful of professionally staffed programs of its kind in the country. Its current executive director is Noemi Fernandez, an attorney and a U.B. law graduate. Pearce noted that over time, more and more private law firms haverealized the importance of diversifying their workplaces in a time when the ethnic makeup of this country is changing rapidly. As such, having attorneys of color around the workplace becomes as a practical matter, "good business." Continued on page 5 �Continued from page 4 Richie likewise emphasized Attorney Access' views in his address to the audience. A highly successful Buffalo native, Richie was the valedictorian of his graduating class at the City College of the City University of New York (CCNY) who then went to New York University Law School where he was awarded the prestigious Arthur Garfield Hays Fellowship. He then worked at a prominent Wall Street law firm before working for Chrysler where he rose through the ranks. Upon his retirement from Chrysler, he was appointed as the commissioner of the ABA's Commission on Opportunities for Minorities in the Profession where his duties includes evaluating law firms attempts to diversify their workplaces. Richie' s address concentrated on the problems that predominantly white law firms tend to face when it comesyrecruiting and retaining "qualified minority students." One problem,Richie pointed out, could be thefirm's own interpretation of what is "qualified." Richie then encouraged the firms to use non-traditional criteria in addition to academic achievement as a means of finding the "qualified" lawyers whom the firms feel they'll need. Alternating between seriousness and humor, Richie also bluntly stated his views on why many law firms have not been as successful as they wish in recruiting and just as importantly, retaining lawyers from minority groups. Among the reasons which Richie stated were perceptions of hostility on both sides, the lack of mentoring programs geared towards all entering lawyers and the overall lack of minority partners. Students and attorneys alike left the dinner agreeing with Richie that while some progresshas been made in the workplace, much remained to be done. On the other hand, one positive sign was that the reason that so many students were able to attend the dinner despite the $50 ticket price was duethe generosity of several local law firms who donated some oftheir tickets so that students could have the opportunity to network and socialize with potential employers. Top Ten Myths About UB Law 10. UB Law has a fully functional "computer lab." 9. Grades are things you get when you finish a class. 8. O'Brian Hall is named for Star Trek "warpmeister Miles O'Brian 7. The Opinion has a vast and diverse staff. 6. Circles is named after what women think in. 5. You really will work for the public interest the rest of your life 4. You could have gone to Harvard, but preferred the lower tuition here. 3. Tuition would never be raised halfway through the academic year. 2. That Moot Court room is real classy lookin'. and....finally...(isn't the suspense killing you?) 1. Professor Finley won that Supreme Court case, by S.A. Cole and R.B. Klein You might notice that this issue of the Opinion has a lighter tone at times...we intend no insult to anyone used in our various jokes I guess were just big April Fools -- here. .. ;-) REJECTED OPINION MOTTOS by Russ Klein The Opinion..Laying Down The Law The Opinion..The Long Arm of the Law All the news that fits, we print The Opinion..desperate and proud The Opinion..the best paper 13 hours of layout can buy The Opinion..Generation teXt The Opinion..full of great cartoons and loony toons The S.A. Cole and Russ Klein Opinion Maldn'ite-Happen Submissions to the Opinion are due Thursday by 5.00 pm, in the Opinion's basement office. Please submit any work in WordPerfect 5.1 format and include a hard copy. We look forward to your submission(s). Be sure to see our special SBA insert with candidate statements in the center of this issue, and be sure to enjoy "The Finger (of the Opinion)," our special April Fools edition!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! 5 �Jessup...<Continued from page 1 ing the recruitment effort to attract a better, and more diverse applicant pool amid the nationwide drop in law held from March 20 to March 22 in Toronto. Eight students from UB competed. They were school applicants. He also explained that the new dean Michael Arcesi, Leigh Gould, Brian McGrath, Rajni A. will have to deal with problems with the new curricuNarasi, Sonal Rana, Richard Staropoli, Jose Truzman lum such as first year students' complaints about the and Andrew Zakrocki. James Auricchio, Colleen Farrell research and writing program. and Leslie E. Swift were the alternates. Professor Munger also said that there are two isThe eight first year students who competed were sues that the faculty are in particular concerned with. chosen on the basis of their abilities from a pool of the One is faculty salaries. In regards to that subject, he 21 students who made the Jessup Board. Approximately said we are losing on a national scale and that the school 60 first year students took part in the three rounds of needs to offer competitive salaries for quality and commitment. He also said the school should offer more faccompetitions for membership on the Jessup Board. New Jessup Board members besides the Fasken ulty research grants. team are Amod Choudhary, Kerry Diggin, Meghan As far as what the students want in a new dean, Herstek, Mary Ann Holden, Michael Leone, Ruth Bahatti Pitt, the SBA President indicated, in an interNewman, Scott Rice, Christopher B. Reich, Jeremy E. view, that she has so far found from speaking to students herself and from the reports of the Class Directors Reis and Thomas Sheehan. Cornell, Syracuse, Queens University(Canada), that the students are looking for someone outside of the University of Toronto, and Osgold Hall (Canada) and law school who has experience in administration and is a leader. But she explained that of all the Class Directhe University at Buffalo were represented at the competition. The eight student representatives from each tors who were asked to inquire into the matter, only three institution were paired off into teams of two persons directors have come forward to inform her of their constituents' opinions. She urged more class directors to each. Each team competed in two rounds. Their perforsurvey the attitudes of the students regarding what sort mance was evaluated by a panel of three judges comprised of international law scholars, experts, lawyers, of person should be the next dean. and students. According to Leanne Gramlich, the coach of the team, the purpose of theFasken competition is to give first year students a chance to develop their oral advocacy skills, think on their feet, and be comfortable with people. She said that students who competed in the Fasken competition have done well in other competitions. The 80at... Continued from page 1 Here are the annual salaries of some of our faculty*. . student on the Committee, Bahatti Pitt, the SBA President. Professor Munger, in an interview, explained that he believed the faculty feel that the school is in general on the right path and the new dean should continue the process that the Law School has already embarked upon. He referred to the new curriculum, smaller classes, and the new initiatives in fundraising in the wake of the budget cuts. He said the new dean should not be someone who will try to make over the school into a new Harvard. However, he indicated that new dean will have to confront some challenges. One challenge, he explained, is finding more money to refurbish the building, upgrade the computer lab, and provide more scholarships in light of the budget cuts. Another challenge is boost- k Avery-$85,496 Attleson-$108,749. Boyer-$136,000 Carr- $63,468 Carrel $111,796. Engel-$91,531 Konefsky- $94,035. Munger-$97,929. Mutua- $80,496 Olsen- $105,540 Schlegel-$101,416 Waltz-$48,824. * Source-Salary Roster of All Salaried Employees of the University at Buffalo on the State Payroll as of December 4,1997 6 �Administration Gets Tough on Images in Male columnist Adam Perri wishes to mark Printing without Paying the one-year anniversary of the final judicial by Sol Sandberg Printing without paying in the Law ComputerLab may be a thing of the past if Gloria Paveljack has her way. Ms. Paveljack, who is responsible for distributing the paper to the computer lab, indicated in an interview that a number of steps have been taken to ensure that students comply with the payment policy. Ms. Paveljack said that she sent last Friday a memo to the entire law student populationreminding studentsthat there is a charge for printing in the law computer lab. Shealso said that she recently put in an order with the Baldy Technology Walkway Node to rearrange the computer lab so that the printers will be behind the consultant's desk. This way, she suggested, it will be easier for the consultant to supervise the printing and ensure payment is made. There will also be an effort to make sure that the law student consultants on duty in the lab are adequately supervised.According to Ms. Paveljack, students who refuse to make payment after being asked to do so by the computer consultant will be requested to attend a meeting with Dean Shields. So far, according to Ms. Paveljack, only one student has bought a debit card for printing since the memo reminding students of the school's printing policy was circulated. Asked for his reaction on paying for printing, Martin Raikes, a 3L said, "We shouldn't have been required to pay in the first place. Where do all the fees we pay go to?" disposition of his divorce with the following poem Walt Whitman: of Once I passed through a populous city imprinting my brain for future use with its shows, architecture, customs, traditions, Yet now of all that city I remember only a woman I casually met there who detained me for love of me, Day by day and night by night we were together—all else has long been forgotten by me, I remember I say only that woman who passionately clung to me, Again we wander, we love, we separate again, Again she holds me by the hand, I must not go, I see her close beside me with silent lips sad and tremulous. From Walt Whitman, Children of Adam Submissions to the Opinion are due Thursday by 5.00 pm, in the Opinion's basement office. Please submit any work in WordPerfect 5.1 format and include a hard copy. We look forward to your submission(s). Asian Americans Hold Conference in Boston The theme of this years conference was "Examining Old Paradigms, Embracing New Possibilities". The conference was highlighted by panel discussions on various topics concerning Asian Americans in the legal and political arena. The panel discussions were moderated and lead by some of the most distinguishedAsian Americans in the political and legal field. Some of the speakers/panelists included, former Los Angeles Mayoral candidate - Michael Woo, former Nevada Secretary of State Cheryl Lav, and Morgan Chu who was listed as among the "100 Most Influential Lawyers in the U.S." by the National Law Journal. Rather than focus on the past discrimination that Asians in American have faced, the speakers directed the focus of the conference towards "Embracing New Possibilities" and spoke about the need for Asian law students to succeed in this predominately Anglo-American field in order to effect change for a better tomorrow. The purpose of the conference was to provide a forum within which Asian Americans could have an interchange of ideas and talk about solutions to problems as well as attend workshops on how to succeed as an attorney in America's legal profession. Other highlights from the conference included a career fair featuring recruiters from some ofthe nations largest firms as well as a dinner and dancing at a local club. But perhaps, the most memorable feature of the conference was the intangible feeling of pride and empowerment that some of the participants left with. by Joe Huang "American beats out Kwan" read the headline for MSNBC's coverage of the Winter Olympics following Tara Lipinski's superb performance which won her the gold medal in women's Figure Skating. Of course, this was a great victory for America to celebrate, but not all "Americans" were celebrating this victory. Rather than being elated for the victory of an American ice-skater, one group, Asian-Americans were disappointed. They were not disappointed because, Michelle Kwan, an Asian-American ice-skater failed to win gold. Rather their pain lied in the undertones of the headline "American beats out Kwan." Many Asian Americans felt that the headline implied that by virtue of Michelle Kwan's racial heritage, she was not quite an "American" even though she was born in the U.S. Perhaps, there is an element oftruth to the headline - at least in the perceptions of some "Americans." This headline was just one of the many topics discussed by participants at the Fourth Annual National Asian Pacific American Conference on Law and Public Policy, held on March 6-Bth at Harvard Law School. A significant number ofspeakers at the event opened up their speeches with a short commentary about the incident. To many of the participants at the conference, the statement embodied the essence ofthe many obstacles thatmany Asian-Americans are faced with daily on a personal as well as professional level. However, this was not the only topic of discussion at the confer- - - ence. 7 �SBA Election'98 SBA Presidential Candidates the SBA as this might help address student concerns over the timely reporting of grades. Although one of the major tasks of the SBA is to allocate funding to the various student organizations, the recent decision by the Food Service Association (FSA) to stop all bake sales, a major fund raising source for clubs, should be of primary concern for the new SBApresident. Finally, in order to help students to better cope with the rigors of law school, the SBA can co-ordinate more social events with other graduate schools like the UB Medical school. So, as you cast your ballot on Wednesday, April 1,or Thursday, April 2, I urge you to think about these issues and vote for the candidate that can best implement them. Dan Fynch for President My fellow classmates, the need for a competent SBA-president is even more important in this election than any other time. As the law school embark on the process of selecting a new Dean, increased student input in the decision-making process is crucial. The issueof more student involvement is paramount in my decision to run for SBA-president. As a second year, I am keenly aware of the need to increase class offerings, internship and research opportunities for all UB law students. The past SBA and BPILP co-sponsorship is an excellent model for creating more student opportunities. Recently, students using the computer lab on the fourth floor could not print their appellate briefs or other pressing projects due to a lack of printing paper. I think the SBA should be able to aid students, even on a temporary basis, facing such dire situations. Improved faculty/student relations should also be a priority for Dan Fynch SBA-presidential candidate COMETOGETHER AS A STUDENT BODY I plan to continue the trendof having a town meeting. This gives all students an opportunity to confront the faculty. It is through us being a collective voice that we can be heard. COMMUNITY SERVICE I would like to see SBA set an example and be more involved in the community. From the moniesraised lastyear I donated thefunds to an aftei school tutorial program. My goal is to make sure SBA becomes more Tonya Guzman for President Hello fellowLaw Students and future colleagues. My name is Tonya Guzmanand I am running for President of the Student Bar Association. I believe, between my goals and my experience, I have the ability to not only improve the SBA but I plan to implement ideas that will benefit the Law School. have been involved with the SBA for the last two years, as a 1L Class Representative and this year I was a memberof the Executive Board. Having heard students' problems and issues, as President, I will be in a position to address these issues and keep you informed. Additionally, as President, a few of the ideas and changes I plan to address are: involved in this area. TO KEEP YOU INFORMED REGARDING THE HIRING OF THE NEW DEAN: This is a very important issue confronting the school and I realize that Law School Students wantto be informed. Iplan to make sure you are kept abreast of the process and I plan to seek your input. ADDRESS SUBMITTING LATE GRADES: Having Professors submit their grades whenever they get around to it is unacceptable. This often affects students being unable to obtain employment thus the present process for grade submission is an issue that needs to be addressed. I have formed a committee to attack this problem and we plan to aggressively confront this in the coming semester. FUNDING Funding and timely payments ofencumbrances hasbeen a consistent area of concern. Although the treasurer is responsible for overseeing the budget, I plan to have the Executive Board actively involved in managing the budget. Budgetary dispersement and maintenance will be a team effort and a higher level ofcommunication will be implemented. MEET WITH STUDENT ORGANIZATIONS An effort will be made to restore anyfaith that has been diminished in the SBA. Dates will be set prior to any budgetary hearings for studentsand the organizations to discuss any problems or areas of concern. This will provide the studentbody and the SBA E-board a forum to discuss whatthe SBA has accomplished and the opportunity to discuss solutions and alternative approaches. The SBA needs to be a structured and organized body that efficiently addresses the issues facing our school. I look forward to continuing the work I began this year. I would appreciate your vote on Wednesday April Ist andThursday April 2nd. Election 98. Be There. Tonya Guzman Voting For Next Semester's SBA Executive Board will be April 1, and 2. Cast your ballot outside the library. May your conscience guide you! 1 �Candidate Statement for Brenda and allowances and has increased the effectiveness and efficiency of that position. Brenda has been proactive, cooperative, and professional in organizing events on behalfof students and ensuring thatchannels ofcommunication remain open between student leaders and the SBA. I speak from experience not only as co-chairperson of the Labor and Employment Law Association, but as Brenda's peer. The president ofSBA should be someone who can juggle many roles, and Brenda's strong work ethic and poised and patient manner make her an excellent candidate. In addition to her accomplishments as Treasurer of SBA, Brenda is a member of the Buffalo Law Review and has been an active fund-raiser and organizer for theLatin AmericanLaw Student Association. Time and time again Brenda has tirelessly represented the needs of others-whether in organizing student input regarding gradingpolicies (where many students have expressed anger as they continue to wait fall semester grades) or inkeeping the fourth floor computer labopen into the wee hours of the night so students withoutcomputers could finish their appellate brief. It is this strong conscience and ability to get the job done thatmake Brenda the ideal candidate for SBA president. —Theresa Merrill, 2L and Joanne Wong 2L Torres I think my record speaks for itself. My commitment to service to the law school student community and to the StudentBar Association (SBA) is demonstrated by the fact that I took on one of the major and most important functions of SBA, that is the SBA Treasurer, a function whichrequires approximately 15-20hours per week of my time.As treasurer, I increased the efficiency and communication with student organizations. I have gone beyond the call of duty, often sacrificing my vacation time and personal time to meet with student leaders when requested and to work on SBA projects. I took the initiative in organizing the SBA student phone listing, yearbook committee, and on-campus phone in the first floorstudent lounge. My goals for next year are to address the problems with the gradingpolicy, continue to work with theadministration in order to begin renovations on the student lounge, and to revive the yearbook. I have 15 years of management and organizational experience gained from my career in corporate america and throughout my undergraduate and graduate education. I have often met with the administration and have developed arapport which will increase my effectiveness as SBA President. I am also very accessible to the law school student community. I am often told that the law school computer lab where I am a lab attendant is my second home. Although my opponents are worthy candidates, there is no comparison in terms of contribution of time, experience, energy and results. That's why I think I deserve to be the SBA President. The following are commentaries from individualswhohave personal experience in working with me in my capacity as SBA Treasurer. These statements do not speak to the merits of the other candidates. They are offered to expose an opinion other than my own to many of the first years who have not had the opportunity to meet and work with me. Thank you for your consideration, and I promise, a vote for me is a vote well spent. On April Ist and 2nd, those who want an SBA president with a proven track record in representing the needs of students should vote for Brenda Torres. Brenda is a candidate who puts the needs of students first. Thanks to Brenda's work with other students and student organizations, we will enjoy a renovated lounge and already enjoy benefits like a student telephone directory and a telephone in student lounge. Brenda had also helped organize a committee to revive a student yearbook which members ofmy class will greatly appreciate. As treasurer of SBA, Brenda has also provided studentrepresentatives with regular and thorough updates as to budget proposal procedures Student Government is about Choice, Vision, and Leadership First, the choice belongs to you, the students. On election day, you will make a choice for the candidate you believe holds a vision for your StudentBar Association. The visionshould be a culmination of the student's voices. SBA is here to represent you, thestudents and it can only be effective whenyour thoughts, concerns and ideas are articulated. The final element, whichpulls the process together, is leadership. Leadership to represent the students' voices; leadership to formulate the vision; and leadership to move SBA forward as an effective student government. That is why I, Melissa Golen, am running for president of the Student Bar Association. I believe we need to discover the potential this student government has. We need to come up with a vision for what SBA can and should be. There is more to SBA than bickering over budgets. SBA should be a conduit between the students, the faculty and the administration. Your voice should be heard in decisions which affect this law school. Whether it is changes in the curriculum, the search for a new dean, or the refurbishing of the student lounge, we as students have the right to be heard. Having served as treasurer of my student government at William Smith College, where I oversaw a $450,000 budget, co-chaired several Brenda Tores See pages 2 and 3 of this SBA Election '98 Special Opinion Insert or f endorsements of Brenda Torres... committees and instituted a new system for the allocation of student tax dollars, I came to appreciate the strength that resonates in students' voices. Through leadership initiatives, I learned the elements of effective team building, working toward a shared vision, and why students must actively participate in the decisions which affect them. Therefore, I ask you to exercise your choice and allow me to represent your voice as president of your Student Bar Association. Melissa Golen ijßeraember to vote... 2 �SBA Vice-Presidential Candidates KIM FANNIFF Parliamentarian Vice President Candidate Statement For the past two years I have observed the SBA from a student perspective. As a student constituent I have certain perceptions of the Student Bar Association. The SBA has a myriad ofresponsibilities that take a strong team to fulfill. As an officer of my class in undergrad, I was part of an organized and efficient council. I would like the opportunity to take that experience and use it here at UB as vice president of the SBA. I would like to see the SBA become a strong political voice for the students here at the law school. A stronger political front in the SBA could help students bring messages to the faculty and administration. Greater cooperation and communication between students and the administration will make our school a stronger community. A close community will be better equipped and able to handle any problems, questions or concerns that the students may have. Rick Staropoli for Veep 1 am leaving tomorrow to visit my alma mater, Boston College. I'll be seeing my ex-residents the "kids" who mademy RA experience so rewarding. I was the Director of the Shaw Residential Leadership Program, a fledgling program when I took it over my Junior Year. It showed promise, no doubt; and the previous Director had done a damn good job. But the kinks were numerous. I invested myself in the development of the best possible Shaw Program. That is what I love to do. IfI care about something, I like to find ways to make it better. That is how I feel about SBA. This organization does some spectacular work, in a very disjointed way. Its leadership, and the leadership of each of its member groups, is of a very high quality. However, the cohesion is not there. The communication within the Board, between theBoard and the member groups, between the Board and the administration, and between the Board and the studentbody is dangerously lacking. As I look back to all of the specific problems from the past year on the SBA Board, I find that not one of them couldn't have been avoided with proactive communication, the best curative medicinefor an ailing organization. Rick Staropoli There will be changes next example, no matter whois elected, SBA is beginning a newsletter distributed to thestudent body, with a grant from Sub-Board I. However, this only addresses one of the communication gaps. Ipropose mandatory monthly meetings between the Executive Board and one representative from each student group. This would be mutually beneficial, because the current lack ofcommunication is mutually detrimental.Ipropose mandatory weekly meetings of the Executive Board. I propose monthly meetings between at least one Dean and the Executive Board. Well, Rick-you must really love meetings! No. I do, however, like the effect that regular communication can have on the quality of any organization. My father taught me that. I want the job. I know I am capable. I will not let you down. Questions? Call 619-8264 (pager/voicemail) or 882-5842(home); or drop a note in #804. - - Andrew decisions. Andrew repreAs your sentative, I promise to use my position to begin these needed changes and, in the end, make ouir law school a better place for us all. Please feel free to contact me with any of your questions or concerns at AAJZ@juno.com or Box Zakrocki #828. Endorsements for Brenda Torres - fFor Zakrocki My name isAndrew Zakrocki and I amrunning for the Student Bar Association Executive Board Position of Parliamentarian. I am a 1L and presently represent the first year class on the SBA as a Class Director. I have been involved in student governement since elementary school and have held various positions in many organizations. At SUNY Geneseo I was involved in the College Senate and, in my senior year, was elected vice-president of the student body. Throughout my years in student government, I have learned that students can make a difference. It sounds corny, I know, but it is true. While there is much to love about UB Law, there is also room for improvement. Late grades, poor facilities, lack ofresources for student organizations and the grading system are mere examples of problems facing law students at ÜB. These problems must be addressed and changes need to be made! The time has come to tackle these problems and make the difficult ... Brenda has greatly improved theefficiency with which the StudentBar Associationhandles the budgetarymatters oflaw school organizations. She is extremely accessible tostudents, often accepting and processing encumbrances during weekend and vacation periods. Moreover. Ms. Torres handles budgetary requests promptly and accurately. I did nothesitate to pre-pay journaland moot court expenses,which totaled over52000.00 this year,because I knew I could entrust Brenda withreimbursement. I didnot have thatsame faith in the Student Bar Association last year. -Jennifer L. Berger, 3L As treasurer for the Buffalo MootCourt Board. I worked very closely withBrenda. She was always very accessibleand would meetwith roe outsideof her office hours. Also, when I met with her. she wasalways very helpful and did everything she could to help meget reimbursed as soonas possible. Brenda was organizedand a great SBA treasurer to work with. -Jennifer Ruppel, 3L Who you gonna vote for, dummy? We at the Opinion understand the importance ofvoting. We urge all of you to participate in these SBA Elections. Remember, every vote counts. Make your vote count, and vote for the candidate ofyour choice. 3 �SBA Treasurer Candidates Fellow students, My name is Elizabeth "Betsey" Snyder and I am a 1Lrunning for S.B.A. Treasurer. While I have enjoyed my first year at U.B. Law School, I believe that a more cohesive student body would enhance our experience. My desire to make everyone's law school experience better, and to bring the student body closer together, motivates me to run for Treasurer. Throughout my undergraduate years, I was an active member of my class. I held office in various organizations, including Treasurer. I was Treasurer of my Senior Class, Financial Advisor to the Mock Trial Club, Treasurer of the James Sherman Society for Political Science majors, and Treasurer of S.A.D.D. I also was a member of Student Senate all four years. I do indeed know what the job entails. There are several issues I believe need to be addressed. First, our technology fees and why they do not cover printing costs in the computer lab. The second issue is grades. I would try to encourage professors to meet their deadlines. The third issue is redecorating the student lounge. The student lounge should be a place where students can actually come together. For example, a ping-pong table or pool tablewould help create a warm inviting environment. The fourth issue is the lack of cleanliness of the classrooms. There are garbage and soda stains on the desks for weeks and weeks. A fifth issue is the overall lack of camaraderieof the student body. Many students go to class and go home. I would like to try and bring the whole school together via various social, athletic, and academic events. As Treasurer, I would see that the money be apportioned in a fair and equitable fashion and in a way that your interests are heard and not simply put into the circularfile. Your interests and concerns are important to me. I will make things happen so that everyone can look back at their years at U.B. Law with pride and fondness. I will make sure your voice is heard. I hope you will let your voice be heard on April Ist and 2nd by voting for me for S.B.A. Treasurer. Thank you verymuchfor your consideration. Feel free to speak to me or leave a note in box # 799. Betsey's website can be found at: http://member .tripod.com/-betsey_2/ Elizabeth "Betsey" Snyder More endorsements for Brenda Torres' ... I have known Brenda Torres for approximately two years and during this time I have known her to be an active member of the Latin American Law Student Association (LALSA). During her first year in the law school she was in attendance at nearly all of the meetings and contributed greatly to the various functions carried out by our organization. During her second year, her participation and contributions to LALSA were augmented as a result of her work as fundraising coordinator for the organization. She has and continues to play a crucial role in coordinating our fundraisingactivities during this current school year. She has always approached each fundraising activity with the utmost preparation and organization. The fact that she has been able to devote such attention to LALSA whilealso tending to her other responsibilities as a student and SBA Treasurer speaks to her work ethic. In short, speaking as a member and treasurer of LALSA Brenda has been a valuable member of our organization and her work is much appreciated. Elvin Mercado, 2L ■ Torres. As treasurerof the Asian American Law Students Association, I found Brenda to be extremely helpful, resourceful and thorough. She tended to my requests in an expedient manner and always got back to me with requested information when promised. Her excellent performance as treasurer of SBA is indicative of the work she will produce as SBA President. Cindy Huang, In All That You Do, This Scuds' For You For Treasurer Knowledge, Experience and Performance. These are the three qualities which I will bring to the job ofTreasurer of theSBA. . KNOWLEDGE: I have a B.S. in Business Administration with a concentration in Finance from The University at Buffalo's School ofManagement. I have extensive knowledge of Balance Sheets, Income Statements, Capital Budgeting, and Cash Flow Statements. During my academic tenure at U.8., I have accumulated over six years of institutional knowledge on how to "Get Things Done" EXPERIENCE: As Vice President of the Student Bar Association's Accounting Agency Sub Board One Inc., I already have extensive knowledge on the policies and procedures for requesting funds and the mechanisms which are set up to track those funds. Also as Vice President of Sub Board One Inc., I assisted in the allocation and disbursementof over 1.3 million dollars. I assured thatdivisional budgets were in line with revenues and expensesand helped to budget such concerts as Billy Joel, Blues Traveler and Spring andFall Fests. As an officerof Sub Board One Inc., I was responsible for communicating all the Board of Director's decisions to other university offices and calling and administering Board Meetings. Most importantly, I helped to conduct the budget hearings for the 12 sub-divisions of Sub-Board One Inc. As Finance Director for the Corporation, I balanced the purchase requests with the actual receipts and was responsible for auditing the expenditures of divisional budgets. I alsochaired the Programming Grants Committee which awarded over $35,000 to various groups including Student Bar Association Organizations. I also served as the Director of Academic Affairs for the StudentAssociation. I was the only student representative on theFaculty Senate Executive Committee and proposed changes in a variety of University Policies including the University's Mission Statement. I also participated in a numberofCommittees on the Faculty Senate including the Budget Priorties Committee whichallocates the $586 million dollarbudget of the University. PERFORMANCE: Some of the Issues I would like to see addressed next year would include:(for a more detailed analysis ofhow to get these items accomplished please see my platform statement which will be available March 31st.) 1.Timely Notification ofGrades, The University is in violation of their own policies and it is hurting the students by delaying financial aide and hampering job searches. 2 Get the Job Postings on Line. Many U.B. departments have already done so, Why not Law? 3. Improve the Physical Plant. As the OnlySUNY Law School we have a terrible physical plant. It is appalling that the University can spend 340 million dollars on a new building but can't get furniture for thestudent lounge or ample class room space. 4. Restructure Perspectives and Civil Procedure: More actual application based learning, i.e. studying for the MPRE or actually drafting some pleadingS, summary judgments et. 5. Re-establish the Loan Forgiveness Program. Isn't it strange that we are considered in the top echelons of Public Service and don't have a program for loan forgiveness whichotherlaw schools have.Thanks BPILP 6. Address child care needs, transportation and other concerns. 7. Address ANY other Concerns that YOU the students Have. SBA Election '98: Special Opinion Insert 2L 4 �A dour looking 486 PC. Intel inside? Yes, but... Want free printing? Don't come looking 'round this printer. BYOP. An old and dejected 'puter. One of the lab's once proud digital workhorses a Mac SE. - UB Law Computer Survey Please fill out, cot out (optiotial), and netum to box No. 65. Thanks. 1. What letter grade would you give the UB Law Lab, based on how much it meets your technology/computing "needs"? _H_Q+ _Q _Q- _D _F 2. What do you think about the administration's new BYOP* policy? (* Bring Your Own Paper) . 3. Do you primarily use your own computer or do you rely upon those provided in the Lab? Home Lab 4. Do you use another campus lab instead of the law school'sLab? What are the reasons you If so, please specify which choose to use this lab over theLab in the law school? 5. In what way would you like to see the lab improved? Please describe. 6. Do you find the internet access on theLab computers adequate? 7. What computing platform doyou use at theLab? the PCs the Macs 8. What computing platform do you prefer to use/ use at home? PC Macintosh PowerMac Atari Commodore 64 Amiga _TRS-80 MC-10 _ IBM Mainframe_HAL 9000 Series _Other Don't usecomputers Home-made vacuum tubebased machine 9. What is your prefered word processing application and version? _WordPerfect _._ 5 _MS Word _._ _Other �Who Knows What They Do? lish relations with the alumni," Farrell says. "No one has ever gone out and actively done this work before, in terms of workThe Opinion extended a personal offer lo'all 13 deans and high with alumni one-on-one. We're really just trying to get a ing leveladministrators to address the concerns made by one student, who on a survey, wrote to us "who knows what they do?" Only one of 13 adminbetter feel for who the alumni are and their attitudes toward istrators took the time and effort to provide us you, the student body the Law School." with this information. We thankDean Farrell, and make afinal request to So far, that goal has taken him to Florida, New York the 13deans and high leveladministrators of thisschool to acquaint themCity, Washington, D.C, and Rochester to meet with UB Law selves with their studentbody. Student life and student alumni, with more travel sure to follow. It has been gratifysatisfaction with their experience ing, he says, to hear what these ÜB-educated attorneys have to at UB Law School are ofcritical say about their days in Buffalo. "The people that I've met have all been very positive concern to me, and to all administrators of the School. It is in about their experiences at the Law School," Farrell says. "There's an incredible amount of goodwill to build on in terms all of our interests (students, faculty, administrators, staff and of alumni loyalty." That's important, he says, because several factors are alumni) to work towards buildimpelling the Law School toward a whole new way of thinking a stronger Law School community. Of course our primary ing about how to pay its bills. "The recent SUNY cutbacks interest is ensuring that our stu- are a harbinger for the future of funding for this law school," dents receive a superior legal Farrell says. "The federal and state governments role in fieducation. However, we also nancing higher education is changing dramatically. The traditional partners in financing higher education will also change want to build a lifelong connecThomas J Farrell, tion and relationship with our as the result of the government's reduced commitment. More Assistant Dean for students that gives them a sense dependence on tuition revenue and private funding will be of ownership and commitment to necessary for all institutions of higher education, public and Development private." UB Law School. Thomas J. Farrell is UB Law School's Associate Dean "UB Law School is the crown jewel in this university's for Development. Part of his job is to build relationships organization. We're SUNY's only law school, so we're New with the school's alumni and let them know that private supYork State's law school. And for a school of our size and port "at the margins" is the only way to maintain UB Law's stature, our endowment resources are grossly inadequate. excellence. There's no gettingaround it." The Law School currently "My goal," he says, "is to increase awareness of the maintains an endowment ofroughly nine million dollars. need for private support in order to maintain and improve Farrell says alumni support runs the gamut from the quality of the legal education the school provides its stusmaller gifts of $10,000 or less, generally accrued through the dents." Annual Fund, to major gifts of $25,000 or more. That doesn't "To compete with the best institutions in the field, necessarily mean simply writing out a check. "Many major we need to be able to fund the enhancements, curricular and gifts are planned gifts," Farrell notes such strategies as arotherwise, which often define great law schools." ranging to donate a home or other real estate, establishing a "Private funding supplements our public assistance gift annuity, or designating gifts of life insurance or through a and is really the essential resource stream for the school. It will provision. "Part of my challenge," he says, "is to be able gives us the necessary flexibility we need to create a truly to share with people creative, often tax-wise approaches to contributing to the Law School." Over the last three years, the exemplary legal education program." Farrell came to UB in January 1995 after taking the Development office has secured over $3 million in gitt comshort trip down the New York State Thruway from the Unimitments; some in cash, some deferred. Farrell came to the development field after taking a versity ofRochester, where he spent the last four years working in alumni relations and development for the University. double-major bachelor's degree at the University of Roches"The move to UB Law has been a great learning experience ter, in European history and political science. He also holds for me," he says. an M.S. degree in education from the University of Rochester. After stints teaching high school social studies, mar"Coming from private education to public education keting securities and working as a grant coordinator for an has made me more aware that the public sector needs to emulate many of the alumni relations and development concepts environmental organization, he joined the University of the privates have practiced for decades." Rochester's development department in 1990. His brother Michael Farrell, is a 1987 graduate of UB Part of the task means reaching out to the alumni in ways that SUNY in general and the Law School in particu- Law School. lar hasn't in the past. "What we're trying to do is toreestabsubmitted by Associate Dean Thomas J. Farrell - - - 6 �Law Library. Undergrads argue that UGL is too loud to study in, so they come to the Law Library, which is like a morgue. Well, if they have a problem with what is arguably "their" library, they should do something about it. It's not my fault that UGL or MY SPLEEN OK. I was going to write this column about a totally different subject until I went for a visit to the library before coming down here to write In a previous Opinion, there was an article about undergrads and other non-law students in the law library. Many of the people interviewed in the article were not bothered by this presence of non-law students in the Law Library. I am. I can't stand it. What bothers me the most is that there are always nonlaw students using the Internet terminals on the first floor of the library. You can tell they are not law students. Today, one was reading something in Korean, two were reading e-mail, and one was at the ESPN site. Another (I couldn't see what he was "researching" and PRINTING) was dressed in a Wayne Gretzky jersey and had a Ting through his nose. Not that a law student couldn't look like this, but this kid looked to be about twelve. There was no way he's a law student. Once, while I was waiting for something to print, the printer produced someone's physics homework. As far as I know, physics is not offered at the law school. I think non-law students should go elsewhere to do their "work." Most of them are not doing real work anyway. I'll admit that I do non-work on the Internet terminals (like check hockey scores), but at least I am a law student. That's the library attached to the part of the university that I attend, and therefore it's the library I'm "supposed" to use. There are something like nine other libraries on this campus. I think people should use the ones associated with the part of the university that they attend, unless they have a legitimate reason to work or do research in a specialized library such as the THP ESPOTLI RESEBTS: HAPPENS RE"WALHYT FLOOR?" 4TOHNE im Lockwood are too crowded, dirty, or loud for them. I shouldn't have my rights to be able to research and study in the library associated with the particular school of the university I attend compromised because other libraries are not satisfactory to students who attend other divisions of the university. I don't mind the fact that other students study in the Law Library as much as I mind them using the Internet terminals, but it does get awfully crowded on the first floor of the library. They're also loud sometimes, but so are law students. Most of the students on that floor in the morning are not law students. The law students are forced upstairs, because there is no room, and it is often not that quiet. The second floor is often worse. Non-law students are often on the upper floors of the library, too, even and especially during finals, when they're not supposed to be in the library at all. It gets really crowded, and unquiet. So what do I think should be done? Well, for starters, I think more should be done to keep nonlaw students out of the library during finals. Someone should be at the door, making sure only law students are let in. Other schools do this. For example, to get into Bird Library (the main library)at Syracuse University, one must present student 1.D., or fill out a form. Also(somewhat obviously) they should be barred from using the Internet terminals. Something as simple as putting up a sign saying that the terminals are for law students only would discourage enough of them, I think. Simple changes like this would reduce so much aggravation in law student's lives. Not all aggravation, of course. There's still R&R. by Kristin Greeley THESPOTLITE i PRESNT:"BIPARTISANS!" 7 by KxsKUm I �Sex Sells And We Pay The Price Recently, so much of the media's political coverage has focused on President Clinton's alleged sexual misconduct. People such as Paula Jones, Monica Lowinski, and Kenneth Star have become household names. This is quite understandable considering they are daily figures in the media's news coverage. But does the issue of the President's fidelity (or lack thereof) really warrant so much of the media's time? Some hold the position that these events are newsworthy because they go to the President's character, which is a national concern. They question if Americans can trust a president that cheats on his wife. However, I feel that this argument is weak. I disagree that a cheating husband necessarily makes for a untrustworthy president. One case on point is John F. Kennedy. President Kennedy has long been rumored to have had countless affairs while serving as President. Despite these alleged transgressions, he proved himself to be a exceptional president and history has remembered him as such. His affairs may have made him a poor husband, but as president he was more than competent. Additionally, while I accept that inclinations to cheat on one's spouse suggest a weak character, which is a undesirable quality for a president to have, I doubt that such characteristics speak entirely of a person's abilities or competencies. What could be a better measure of one's ability to perform a task than past success at performing the task itself? In other words, even if Bill is cheating on his wife, since he has successfully performed his duties as president for the past five years, any questions of how his cheating affects his job performance are moot. Maybe having a lover(s) is some sort of an outlet for him, or maybe it is some other reason, as long as he is adequately performing his duties as president, his private life should remain his business, not ours. I don't expect the president of the United States to be a perfect man or a perfect politician, as long as he competently performs his duties as president, that should be enough for us all. Some believe that the President's private life is a national concern because it speaks of his character, morality, and ethics, and consequently it is expected of him to conduct his personal life in a respectable manor. Therefore, Clinton's continuous sex scandals render him inappropriate for the position of president. How- ever such a strict policy would create a "slippery slope" dilemma. Is it not also true that Congressmen and diplomats also need to posses an ethical and moral character? Should they also be deemed as unacceptable leaders if they are suspected of infidelity? What about state and federal justices, their character, and ethical standing is also pertinent to their position in society. Should we investigate theirpersonal lives too, so to be sure that they are not unfaithful to their spouses. In fact, policeman too must be trustworthy and ethical. Also what about bankers, stock brokers, and even your accountant they too are trusted with Americas savings and investments. Lastly, what about you. One can't have unethical incidences in their closet if they wish to be accepted to the bar. Maybe bar officials should contact your ex's to inquire about any lapses in your fidelity? Is this not violating one's right to privacy? So then where do we draw the line? Have we learned nothing from the McCarthy Hearings earlier this century? Lastly, on a different note, do we really believe the character issue is the genuine reason of the media's extensive coverage of this issue. I do not. I think the media's focus on this issue is just a prime example of their inability to responsibly focus their reports on issues worthy of genuine concern. They love to speak of the President's fidelity, or lack thereof, because sex sells like nothing else. After all of their selfrighteous, self glorifying, self serving speeches on the First Amendment have ended, the fact is that they are in the business of holding your attention so they may more profitably sell air-time to advertisers. Money is their bottom line and nothing else. After all, wouldn't it be better for this nation to be focused on significant problems such as the three million homeless Americans, or maybe even the inability of many parents to provide a suitable environment for their children to be raised in? So next time you turn on CNN and watch the latest White House sex scandal ask yourself if that timecould be better spent on some issues of genuine concern and if so who's paying the price that it's not. by Marc Perrone Oh, Bridge Courses... Memories 'O Perspectives Bridge courses, bridge Oh, Perspectives, you had me write pointless papers and silly scenarios courses IIIIIIIIII""" I 11 I I I I I I I I I I I 4- about your end seems so near... I spend all night doing your pneuminoultramicroscopicsilicosvolcanoconiosis and some woman with a baby in the bario work when I could be up drinking but the one thing I did think was neat was that the lectures helped me catch up on my beer sleep. or watching TV see you I These fine poems written by RBK, 2-L oh what has law school done to me Sweet Lab q Mine I < 'twas all in good fun The great paper chase is on in the lab where the computers are on so ut at 10 cents per page, what can I say? I'm glad I own my own computer anyway 8 Vl~, llfllimHl JUnHmiNII BB ■ lt^^ |—J P k i^K:: m ■"m Wmm ' fjWn «9k || W ,, , WKk ißSifiPll ,1 11^, | �ANARCHIST THE W . .. FARCE A ROYAL :: v :-:': ■■'■ ■ ' ..-■.■-.■■■:■ ' :•:■ .-.■■■ •■: ■:■ :. ■ '-'■:': ■ ■;■ :-: ■ • - ■■' :■' '■■■ One day, while sitting at the main desk in the Opinion office, I noticed something kind of strange. On our beautiful 21 inch color monitor, there was a small panel labeled "remote control" on the front bottom. I couldn't resist. I tapped the panel, and a small tray ejected out, with a you guessed it remote control, firmly ensconced within its boundaries. It took me a couple of weeks, but I finally decided that I needed to see what the remote control was for. I aimed it at the monitor, and pressed some buttons, and my worst fears were soon confirmed. The remote control was for swiveling and adjusting the tilt of the monitor. It baffled me to think that someone, somewhere thought that I would require a remote control to adjust my monitor. I mean, I had to lean over to the monitor in order to get the remote control. Isn't it conceivable that while I was there, I could also adjust the angle of the monitor? This remote control quickly moved up my list of "most pointless things ever invented." It must feel silly to use a remote control on a monitor. But it will never supplant the number one and number two items on my list. Regrettably, the most pointless things ever invented is also one ofthe most dangerous concepts ever to torment humanity. I am talking about the concepts of royalty and nationalism. The two concepts tend to go hand in hand, so I will address them both this week in this column. -- 5 — NATIONALISM There is no concept, with the possible exception of organized religion, that has caused more deaths. Patriotism. National pride. Heritage. From the start, at elementary school, many of us were duped and tricked into nationalism and patriotism. We are told to pledge allegiance to the flag, sing the national anthem, etc. When I was in school (back in my day...), we had the additional evil of the Soviet Union. Living in a largely Russian community (Brighton Beach, NY), there was a strange paranoia. Most ofthe Russians in the community tended to be older, so many of the kids in school were not Russian yet. I was (well, still am) partially Russian. Its strange to think, but I would never admit to it. We were toldthat the USSR (frequently referred to, inaccurately, as "Russia") was the evil empire, that they were going to cause nuclear war, the end ofcivilization, and possibly cause a rehash of the Blizzard of '78. So in school, away from the teachers, we all made fun of the USSR, and mainly, of Russians. As we could plainly see, during the Gulf War in 1991, this generation has grown up (as have previous generations) with a remarkable sense of patriotism. Just as in the 80's, when people had no problem with us if we had to kill Russians, people now had no problem with slaughtering Iraqis. They were the bad guy. Their leader was evil, their country unfree, and to make things best for us, they weren't European. So very few people winced at the amount of bombing we did to their infrastructure, and not many people cared that we used bulldozers to bury (by one estimate) tens of thousands of Iraqi soldiers who were forced at gun point to fight alive under sand. They deserved it. They were — — unAmerican. What is it, that makes people think that their country is wrong or right? This isn't meant to be an anti-America piece. The scourge ofnationalism afflicts us everywhere. People are, however, brainwashed to think that their country is the best place to live and the best place to be, and that they have some sort of moral superiority. I mean, I'm an AMERICAN! It is this notion that allows people to send their own children to their deaths in useless wars, and be proud of what they've done "for their country." How inhumane. How cruel. But sadly, how typical. Whenever I settle down and have a wife and kids, one thing is for sure: If my kids don'twant to salute the flag, say the pledge in school, etc., then I won't make them. Obviously kids all grow up with influences around them. If my kids get influenced off me, then so be it — there are worse people who could influence them. I would be proud of them, not only for exercising controversial independent thought, but also for throwing off the chains of nationalism. Nationalism kills. Nationalism breeds war. Nationalism be not legally, but in our collective mental should abolished - conscience. — ROYALTY I was watching Nightside the other night, and they had a special on Princes William and Harry of England. They had decided, along with father Prince Charles, to pay a visit to Canada (and afterall, Canada is part of the commonwealth, and a Constitutional Monarchy that follows the English Monarchy). They showed the two boys, walking down an aisle or street of some sort, and lined up on the side of the street was an unbelievable amount of people, who wanted to get a glimpse, or if extremely lucky, a handshake from the two young princes. Within the crowd was an Continued on page 13 9 �The Anarchist... Continued from page 12 enormous group of teenage girls, screaming and pushing to get closer. When asked why they were there, many of the girls responded "because they are hot, and because they are princes." Though not having any interest in guys, I guess I don't see them as being hot. The two kids look like typical acme-less teenagers who just happen to have all their money and wants provided to them by the state. Its hard to imagine, but at one point, we were governed as well by the British monarchy. Even when we gained independence, there was a contingent of patriots who preferred that we establish some sort of monarchy. Many people were indeed ready to make George Washington into King George. Fortunately, he would have none of that. The idea behind monarchy is this: One family rules. Thatrule is determined by descent and bloodline. It isthe ultimate in elitism. You are saying that this one family is so much better than us, that we'd prefer that they ruled over us. With the passage of time and popular revolt, the kings and queens of England were forced to relinquish their power. Yet, curiously, the monarchy remains in England, despite the fact that they have little to no power whatsoever. What makes the arrangement even more bizarre, is the fact that they are still supported by the British people - and apparently, most of the British people don't have much of a problem with this. So each year, they receive millions of dollars (or pounds, I suppose) from the treasury to support their position. I wrote a song, shortly after Diana's death called "The People's Princess," and it contained theline"Elizabeth 11, society's biggest welfare queen." I can think of no line that better describes this disgusting relationship. There are poor people in England, barely getting by, whopay taxes, with part of that money going to support this outdated travesty called royalty. On the subject ofPrincess Diana, I was not one of those people who suffered a great deal emotionally because of her untimely death. Sure, it was tragic. But was it any more tragic than a mother of 3 who gets gunned down in the crossfire of gang warfare in the ghetto? There is solace for the royal family. Though they lost their mother, who is irreplaceable, William and Harry will be taken care of. They will never have to worry about where there food or clothes come from. The hypothetical (although not very unrealistic) scenario withthe murdered mother will leave behind children who could be thrust into the foster care system. But people will say that Princess Diana was "The Peoples Princess." What the HELL does this mean? A people's royalty? There is no such thing. Its impossible. Sure, I celebratePrincess Diana's willingness to dabble in charity. But for God's sake, she held herself out to be royalty ~ to be better than you and me. While she was helping people out with charity, she was wearing very expensive gowns, shoes, etc. When Diana and Charles separated, did the "People's Princess" turn to the people? Nahh...she turned to Dodi Al Fayed, son ofthe man who owns the huge chain Harrods. Sorry folks, there is no such thing as a 'peoples monarch.' If they had anything to do with the people, they wouldn't be monarchs, and they wouldn't be living on the dole. It must feel silly to be a king, queen or prince/princess. But probably not nearly as silly as it is to willingly follow one. KATIE'S CORNER 179 Cherry Orchard Lane Lexington, Kentucky 15622 September 18, 2020. Mr. Adam Perri, the Third Chairperson The Board of Directors Colonial Military Institute 5 Academy Parkway Lexington, Kentucky 15624 Dear Mr. Perri: Today marks a very special anniversary for our family: one year ago today my grand daughter, Betsey, began her Bachelor of Science studies at your prestigious military institute. From the time that she was a young girl, my grand daughter aspired to attend CMI. She was, and is, determined to realize your educational challenge of becoming an individual who is imbued with a sense of high public service, confident in and respectful of the ideals of democraticleadership, and who is committed to secure the blessings ofliberty to herselfand to her posterity. Today, Betsey and I should be celebrating. We will not. I will explain. Several weeksago, in the face of strong alumni opposition, you changed two hundred years of CMI history. You voted to establish CMls first sex-integrated rifle team. The rifle team's members chose my grand daughter to be their captain. She was thrilled by this honor! With much anticipation, the team members awaited your decision regarding their name and logo. Today, I was astounded by the following news: the team's female members will be known as the "cute shots," while the male members will be known as the "hot shots;" the female members' uniform logo will be a kitten in the foreground with two crossed rifles in the background, while the male members' uniform logo will bea tiger in the foreground with two crossed rifles in the background! In terms of your avowed mission to further school and team spirit, to increase sports participation, and to achieve higher caliber sports performances at CMI, your decision regarding the women's rifle team's name and logo is, in short, self-defeating. Specifically, you have chosen a name and a logo, cute and kitten, which emphasize female appearance and personality at the expense of the real skill, training, and courage that the women's rifle team members bring to their sport. As a result, you deny to these women the serious respect and consideration that their sports accomplishments deserve. In essence, your particular choice for the name and logo of the women's rifle team publicly and individually trivializes and devalues the strength and caliber of each female member's sports performance. Because you are the Chairperson of CMls Board of Directors, you are the chief fiduciary of every CMI student's potential for achieving optimal combat and sports performance. It is therefore vital that you understand the practical effects of your recent decision. It is vital that you see that now is the time to "clean house," to throw out broken and dangerous language that perpetuates the myth that women's sports competition at CMI is not a serious, courageous, or a highly-skilled endeavor. I want you to see that the women's rifle team name and logo must be changed from the signifiers, cute and kitten, which express and perpetuate a wholly negative female stereotype, to those that hail the substantial skills and courage that the women team members so proudly possess. To show you why it is vital that you reverse your decision, I ask you to now consider exactly how language constructs reality. Please stay with me. I will be brief. First, contrary to common knowledge, language is not a passive reflection of reality. As one who studies the relationship between language and perception, I want you to reflect upon what my research has revealed to me. In essence, my research has shown me that language is not a mere descriptive instrument, or a neutral Continued on page 14 10 �Katie's Corner... Continued from page 13 instrument of communication. Language is the way that we internalize our experiences and reinforce and perpetuate ourcultural values and the social order.As a result, the use of ordinary language necessarily raises important questions about theextent to which words affect the everyday reality of our lives. One of the basic concerns of those who study language and its effects on female development and social reality is that, in both form and meaning, English routinely devalues and trivializes women and their accomplishments. My study of texts reveals that this negative bias developed through an historical and cultural process known as semantic polarization. In sum, semantic polarization is the process ofisolating word meanings into either a malepositive-important category or into a female-negative-trivial category. For instance, in our culture, English is often used to relegate women to female-negative-trivial linguistic space. That is, even though a broad range of positive characteristics, such as resolute, honorable, and stalwart, are traditionally used to define males and to establish a perception of males in terms of positive human qualities, females are often defined in terms of negative, and frequently sexually-debased, characteristics, such as loose, petulant, and fickle. This is customary even though a broad range of words assigned to positively characterize males, such as bold, competitive, and wily, could similarly be used to characterize females. To illustrate further, when used colloquially, the femaledesignated part of each ofthe word pairsking/queen and sir/madam acquires afemale-negative-trivial connotation without comparable debasement in the male-positive-important counterpart. Moreover, when the diminutive suffixes -ette and -ess are added to male- positive-important words, such as major, actor, and mister, femalenegative-trivial word categories, such as majorette, actress, and mistress, are established. In effect, this polarization process encourages and reinforces the cultural perception that women and their accomplishments are auxiliary and subordinate to men and to men's accomplishments. The signifiers that you have chosen for the women's rifle team, cute and kitten, are part-and-parcel of this polarization process. Like other female-negative-trivial linguistic categories, these terms rob women of the prestige and credibility that they and their accomplishments deserve. In terms of CMls avowal to achieve higher caliber sports performances, I would like you to consider the question that my grand daughter recently asked me: How can I ever take myself and the rifle team seriously when everyone I know refers to me as a "Cute-Shot KittenT' In closing, I want you to also try to understand that semantic polarization is destructive to men as well as to women. Specifically, my research reveals that female-negative-trivial images, which semantic polarization establishes in men's minds, encourage men to act with hostility toward women. Case studies indicate that by the age of five men are already affected by femalenegative-trivial images to the extent that kindergarten-age males routinely exhibit pronounced hostility toward anything hinting at "femininity," including females themselves. I firmly believe that, at the very least, the current name and logo that you have chosen for the women's rifle team will encourage the team's male members to show only passing support and respect for the female members' appreciable skills and accomplishments. As a result, your avowed goal to increase school and team spirit and sports participation at CMI, and to achieve higher caliber sports performances, will be very difficult to realize. I have tried to present my concern honestly and fairly before you. I have tried to show you why it is necessary that you change the women's rifle team's name and logo to signifiers that reflect your full support and recognition of the substantial value ofthese women's sports skills and accomplishments. To this end, I pledge my own best efforts and summon yours. 'Sincerely yours, Katherine L. Mc Dowell American League Preview By Daniel M. Baich AL East: - New York Yankees Simply the best team in baseball's best division. The Bronx Bombers will represent the AL in the World Series and take the whole thing.(Just remember who put it in print first!) Baseball hasn't seen a lineup this good since the mythical '27 Murderers Row team. Gone are chronic malcontents Charlie Hayes, Cecil Fielder, Wade Boggs and Kenny Rogers. The new additions include Chuck Knoblauch, who fills a gaping hole at second and becomes the new leadoff hitter, Chili Davis, who will stabilize theDH spot and 3B Scott Brosius, who is filling the position until super-prospect Mike Lowell is ready. The starting pitching is solid, with David Cone, Andy Pettitte and David Wells as good a 1-2-3 as any. Any two of the following are excellent fourth and fifth starters: Ramiro Mendoza, Willie Banks, Hideki Irabu, at least he WAS having a good spring before a bonespur sidelined him for three weeks, and Orlando "El Duque" Fernandez, the Cuban ace who should be ready after the All-Star Break. The bullpen is simply the best in baseball, anchored by fireballer Mariano Rivera. Variable: David Cone's surgically repaired right shoulder. If Cone goes down, the Bombers may not have the starting pitching to win come September. Baltimore Orioles Okay so every game they play is not an Old Timer's Game, but they did add more graybeards in the offseason. Message: Cal, GIVE IT UP! You are hurting your team. That said, Joe Carter still can hit 30 HR's in the middle of this lineup. The infield is terrificwhen healthy (See above message) and Ozzie Guillen gives them some versatility. Look for Roberto Alomar to have a monster year, as he is in his last year before free agency. The starting pitching is deep and experienced. Last year, Mike Mussina showed he is one of the three best big game pitchers in baseball and Jimmy Key , Scott Erickson, and Scott Kamienicki are steady if unspectacular. Doug Drabek is reunited with new manager Ray Miller, his pitching coach in his prime withPittsburgh. The questions on this team surround the bullpen. Ace closerRandy Myers (45/46 in save situations) fled to Toronto in a huge loss. Closer-in-waiting Armando Benitez is not ready for the role yet. The O's will attempt a closer-by-committee approach, which rarely succeeds (see Atlanta Braves 1-3 record in the World Series this decade). If Baltimore wants to win it needs a closer. Variable: Benitez. If he steps up, this team could challenge New - York. - Toronto Blue Jays Good pitch, no hit spells no playoffs. The Blue Jays have the best pitching staff in baseball except the Braves. Roger Clemens and Pat Hentgen have won the past two AL Cy Young awards. Juan Guzman has recovered from injury and Erik Hansen is steady. The bullpen is anchored by Randy Myers (did I mention 45/46 in save situations?) and young Kelvim Escobar, who has been throwing 98-99 MPH this spring. The problem here is the offense. Jose Canseco is five years too late to be the answer. Mike Stanley and Tony "Bill Buckner" Fernandez will help offensively. Carlos Delgado is a legitimate power hitter who will help when he gets off the disabled list (Mid-May). However, the key for this team is their outfield. Shawn Green, Jose "Theft of the Century" Cruz Jr. and Shannon Stewart must prove themselves as legitimate major leaguers for Toronto to have a chance. If they do, the Jays Continued on page 15 11 �American League... Continued from page 14 will put Baltimore out to pasture. Variable: The outfield. Boston Red Sox The Sox signed the biggest free agent over the winter, getting NL Cy Young award winner Pedro Martinez. He is the ace the Sox have lacked since Roger Clemens was in his prime. The rest of the staff is suspect, however. Bret Saberhagen is attempting yet another comeback at the age of 86, Tim Wakefield either throws a eight-hitter or gives up eight runs and Steve Avery hasn't had a clue since 1993. The bullpen is shaky at best. Jim Corsi and Tom Gordon are decent setup men, but how much does a 43-year old Dennis Eckersley really have left? The lineup could set a new major league record for doubles. Mo Vaughn will hit 40-45 HR and drive in 130runs. Nomar Garciaparra and John Valentin are the best left side combination in baseball. Troy O'Leary is an emerging star, if he could only cut down on the K's. Darren Lewis gives them an excellent CF and Jim Leyritz solidifies the catcher. Variable: The pitching. If Eck, Saberhagen and Avery can't rediscover the form that made them great, the Sox are done. Tampa Bay Devil Rays Do you really want to know about this team?? OK, they are an expansion team playing in baseball's toughest divison. That said, they will be better than Oakland, Kansas City, the White Sox and maybe Minnesota. They field a respectable lineup with Fred McGriff, Wade Boggs, Paul Sorrento and Dave Martinez, the anchors. The problem is pitching. After #1 starter Wilson Alvarez and closer Roberto Hernandez, they don't have any. Dennis Springer and Tony Saunders can give 5 or 6 solid innings on a good night. The middle relief.. .let's just say it will be a long season. Variable: C'mon Fuggetaboutit. AL Central: Cleveland Indians - Last year's series representative has gotten better. They welcome back prodigal son Kenny Lofton, following an off year in Atlanta. He will stabilize the leadoff spot, which plagued Cleveland last year. Travis Fryman replaces Matt Williams at third and Geronimo Berroa is the new DH. This lineup is scary. They actually have a .300 hitter, Shawon Dunston 28, batting ninth?! The bullpen should round out with Jose Mesa seemingly having found his form following his acquittal ofrape charges. Mike Jackson is ready to step in if Mesa falters. The starting pitching is the one question on this team. Charles Nagy is a good, experienced starter. Jaret Wright is a bona fide star. He single-handedly beat theYankees in last year's playoffs. Beyond that however, theIndians are hopeful that either Chad Ogea will return from the disabled list before August or Doc Gooden, Yes that one!, can win them 15 games. Neither scenario is likely, so look for the Indians to push hard for the Phillies' Curt Schilling as the trading deadline nears. Look for a terrific Yankees-Indians ALCS. Variable: Starting pitching, but GM John Hart has the luxury of holding auditions because he plays in the weakest AL division. Detroit Tigers - No, this is not a misprint. The Tigers are actually competitive. All those years ofhigh draft picks and 100 loss seasons are finally paying off. CF Brian Hunter, IB Tony Clark, RF Bobby Higginson and 2B Damion Easley are a terrific core of young players. Add to the mix, LHP Justin Thompson, who has Tom Glavine-like potential, and this team seems like decent club. That is what they will be - decent. 82 wins would be a huge step for the club. Losing 3B Travis Fryman and RHP Willie Blair will hurt, but the Tigers could make an unlikely wild-card run if P's Scott Sanders - - and Tim Worrell finally live up to their potential. Buddy Bell is the right manager for this club, but they are still two years away. Variable: Sanders and Worrell Minnesota Twins They really aren't that bad!! They have excellent starting pitching and a proven closer in Rick Aguilera. 20-game winner Brad Radke anchors the staff. Veterens Bob Tewksbury and Mike Morgan will soak up innings and take the pressure off the bullpen. Youngsters Eric Milton, an Andy Pettitte clone, and LaTroy Hawkins have dazzled this spring. Greg Swindell opens in the pen and can start in a pinch. Right now, this staff is better than Cleveland's. However, they have to be because the offense lacks power. Paul Moilitor has found the fountain of youth and will hit .300 and drive in 95 runs. C Terry Steinbach can handle the staff and provides a decent bat. CF Otis Nixon still has blazing speed and can disrupt opposing pitchers when on base. Defensively, they are a solid team, they just lack a power hitter. Variable: LF Marty Cordova. If he returns to his Rookie of the Year form, Twins could overtake the Tigers, if not they could finish below the White Sox. Chicago White Sox - Alex Fernandez, Wilson Alvarez, Roberto Hernandez, Jack McDowell, and Kevin Tapani are only some of the pitchers the Sox have traded or failed to sign over the past three years. Not a bad staff, except they play for other teams. Also, it is not too smart to have three players eating up 80% of your salary, i.e. Frank Thomas, Albert Belle, Robin Venture. This team is going nowhere fast, and if any ofthe big three get injured, they will fall further down in the standings. The upside is RF Magglio Ordonez is a terrific prospect and P Jason Bere seems healthy after arm surgery. They willwin most games where they score over 10 runs. Otherwise, it will be a long season. Look for Belle and/or Ventura to be traded after the All-Star break. Variable: Pitching, if the prospects pitch like legit major leaguers, they may contend. Kansas City Royals - This team really is clueless. They lost their two best players to free agency, Jay Bell and Chili Davis, and their best pitcher, Kevin Appier, is out until July. Still, with Jeff King, Hal Morris and Jeff Conine they will play hard every night. Dean Palmer could hit 30 HR and strike out 130 times. Tim Belcher is a solid pitcher, but not a # 1. Jose Rosado folded down the stretch last year but has excellent potential. Lee Smith hasretired, unretired, etc. He probably should have stayed retired. Wait till next year, or the year after that. Variable: If VP of baseball operations George Brett comes out of retirement and hits .390 again, and Dan Quisenberry... AL West: Seattle Mariners Don't kid yourself, Randy Johnson isn't going anywhere. If Seattle remains in contention, which barring a major injury they should, they will take their chances in free agency. Jeff Fassero and Jamie Moyer give them terrifc 2 and 3 starters. The lineup is as loaded as Cleveland and New York, if not moreso. The additions are David Segui at first and Glenallen Hill in left. If only they still had Jose Cruz, Jr.. .But, Griffey, Buhner, Arod and Edgar Martinez are the best 2-5 combo in baseball. The problem here is the bullpen. They blew 27 save chances last year. Let's say, with a decent closer they win 15 of those games. Baltimore won 98 games. Seattle would have won 105 and gotten home-field advantage in the playoffs. Yetthey still didn't sign a closer. Heathcliff Slocumb, Mike Timlin, Paul Spoljaric and Bobby Ayala will need to find a - - Continued on page 16 12 �American League... Continued from nape 15 way to save some games or else Seattle won't pass the first round of the playoffs. Variable: The bullpen. Texas Rangers - The Rangers need to stay healthy to compete. Last year they lost 642 man-games to the disabled list. Anyone know a good personal trainer? However, when healthy, the Rangers have a loaded lineup led by perennial MVP candidate Juan Gonzalez, baseball's most indispensable player, Ivan Rodriguez, and the underrated Rusty Greer. They upgraded defensively with Kevin Elster at short and rookie Fernando Tatis at third. They have one of the game's best closers in John Wetteland and its best setup man in Danny Patterson. Alas, the starters are only a group of good third and fourth starters trying to be number l's. John Burkett, Aaron Sele, Darren Oliver, Bobby Witt, and Roger Pavlik are unimpressive at best. However, Texas will win a lot of games against other teams' 3,4,and 5 starters. For this reason, they are ahead of Anaheim. Variable: Starting Pitching, They desperately need a proven number 1. Anaheim Angels - The Angels retain a loaded lineup and have added DH Cecil Fielder. Jim Edmonds, Darin Erstad, Tim Salmon, and Dave Hollins are the core of this team. Infielder Phil Nevin has had a dynamic spring and should play his way into the lineup. The starting pitching with Chuck Finley leading the way, Ken Hill,and a rejuvenated Jack McDowell is adequate. Pitcher Troy Percival is an effective closer. The problem is a lack of a true number 1 starter. Next year will be the Angels year for the playoffs when they overpay for Randy Johnson this offseason. Variable: If Fielder and McDowell return to their pre-Yankee form they could overtake f\MI Kt* * -The Texas Oakland Athletics - Their best player has never played a major league game, Ben Grieve (1998 AL Rookie of the Year), their top two starters are Tom Candiotti and Kenny Rogers, and they didn'thave a player drive in more than 81 runs. This will be ugly. The Denver Nuggets of baseball. They could lose 110 games this year. I know Rickey Henderson liked Oakland but WHY? At least last year they had Mark McGwire. Look for T.J. Mathews to find his way into the rotation and win 10 games on ability alone. The rest of the team will have problems. Variable: Do you believe in miracles? 13 oF^^§i^; � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Opinion, 1998-03-30 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. Opinion Vol. 38 No. 13 Date Issued Date of formal issuance (e.g., publication) of the resource. 3/30/1998 Bibliographic Citation A bibliographic reference for the resource. Recommended practice is to include sufficient bibliographic detail to identify the resource as unambiguously as possible. 38 13 Publisher An entity responsible for making the resource available University of Buffalo State University of New York at Buffalo Law School Language A language of the resource eng Type The nature or genre of the resource Newspapers Text Is Part Of A related resource in which the described resource is physically or logically included. LIB-LAW003 Rights Information about rights held in and over the resource <a href="https://rightsstatements.org/page/CNE/1.0/">COPYRIGHT NOT EVALUATED</a>. The copyright and related rights status of this Item has not been evaluated. Please refer to the organization that has made the Item available for more information. You are free to use this Item in any way that is permitted by the copyright and related rights legislation that applies to your use. This digital collection is made available for research and educational purposes. Researchers are responsible for determining copyright status, and securing permissions for use and publication of any material. Copyright for items in this collection may be held by the creators, their heirs, or assigns. Researchers are required to obtain written permission from copyright holders and the University Archives prior to reproducing or publishing materials, including images and quotations. For inquiries about reproduction requests and permissions, please contact the <a href="http://library.buffalo.edu/archives/">University Archives</a>. If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/8be54d5a3991b4ae32e7cc3318bea9ab.pdf 979c026cf84e6a22b3fc1911a7a3e5ae PDF Text Text OPINION Vol. 38, No. 11 "Vi veri veniversum vivus vici." 03.23.98 PAPER CHASE IN COMPUTER LAB by Sol Sandberg At a time when appellate briefs are coming due, UB Law students are faced with a paper shortage in the computer lab. One possibility for this may be that someone at the Law School has decided to decided to discontinue providing paper to the lab. On Wednesday, March 18, Helene Broden, who supervises the Law School computer labassistants indicated as much in a letter saying, 'I understand that the Law School will no longer provide paper for the lab. I'm very sad to hear that, and to have to report it. Please check the HPssi printer every now and then, at least once an hour, to see if there is anyWestlaw or Lexis paper in the printer. Take it out if you find it there!!!. If we abuse those paper supplies too, I know that Lexis will definitely pull their printer and paper." However, at this point it is unclear whether the Law School has actually decided to discontinue providing paper. Gloroia Paveljack, Staff Assistant for Resource Management who normally provides paper to the lab was unavailable for comment when this article went to press. However, Marlene Cook, her boss and the Associate Dean for Resource Man- agement, told me in an interview that she was unaware of any such decision, and affirmed that theLaw School will definitely continue to provide paper to the computer lab. Dean Cook indicated that for the past few weeks she has known of a shortage of paper in the lab due to what she thought was the fact that students were printing an excessive amount of materials and not paying for it. Yet Cook denied the allegation made by some students that theschool decided to discontinue providing paperbecause of the widespread practice of printing without paying. Instead, she suggested, that the problem may be related to the transition of some responsibility for the computer lab to the Baldy Walkway Technical Node. When asked why there was no paper in the computer lab, Mr. Rick Harrington, aTechnical Support Specialist for the Baldy Node said, I don't have a clue" but he added that the paper problem in computer labs is a campus-wide phenomena, especially since the "deans got squeezed," referring to the budget squeeze that made individual schools more respon- Continued on page 13 SBA Meeting Election Season Here Contentious by Kevin Hsi by Sol Sandberg On Tuesday, March 3 the Student Bar Association (SBA) Once again the election season is upon us for the Executive had another meeting which was noteworthy in part because of its Board of the Student Bar Association. The Student Bar Associacontentiousness over a funding request by a student law journal. tion is an umbrella organization which is empowered to govern The three major issues discussed at the meeting were a funding the Law School student organizations and is ultimately responrequest from BPILP, a report from the faculty Hiring Committee sible for the actions of the Law School student organization. One and a major funding request for the Buffalo Human Rights Law way in which does this is through its control of $60,000 received Journal (HRLI). every year in student fees which it allocates at its discretion to law The first item of business involved a $100 request by 1L student organizations. The Executive Board of the SBA is made representative. Rick Staropoli asked for temporary funding for Continued on page? BPILP so that BPILP can purchase materials from NAPIL (NaInside... tional Association of Public Interest Law) on how to start a Loan 6 Repayment Assistance Program. Recently, several students who The Anarchist plan to go into public interest work have discussed ways in which 8 Images In Male the law school could try and implement a loan repayment and/or 10 In the News loan forgiveness program for public interest lawyers whose salaContinued on page 4 and notes for the e-mail impaired 1 �Editorial: Prior Restraint At UB Law The refurbished Opinion has been gaining momentum for seven issues now. A little more than halfway through our first semester of weekly publication, submissions have been steady and varied, and many students have used the paper to communicate their ideas and philosophies to their fellow classmates. This, aside from informing and entertaining, is the function a law school newspaper should serve: to be the responsible conduit for regular communication in a scholarly community. Given this function, it is the policy of the Opinion to print, unexpurgated, any letter, cartoon, or article from the students, faculty, and staffof UB Law. With the exception oflibelous or anonymous submissions, nothing is refused. Despite this policy, however, many students feel that they cannot present their true feelings to the community of UB Law. This is because many perceive an air of potential retribution or resentment in what is ostensibly a free and open intellectual society. This statement is not in reference to a certain column that has garnered much attention and counter-argument over the past few weeks of the Opinion, nor to the varying character and content of said counter-argument. The author ofthat column put forth his ideas, and many responded vehemently. This is the risk and the joy of writing for a diverse audience. This statement is also not in reference to the multifarious, school-wide dialogue that has commenced in the wake of said column and its ensuing commentary. Again, the article was written, and the consequences of writing are always varied in their degrees of pleasure and pain. Rather, this statement is in reference to articles and letters intolerance and repression, real and imagined, that pervades the air at UB Law. Some of this intolerance was tangentially exhibited during the fracas that followed the publication of the abovementioned column. Other evidence, also related to said column, has been alluded to in "a rumor mill," or "grape vine," that should be razed to the gTound or obliterated with herbicide. Frequently, students of UB Law comment to members of this paper, expressing perceptions, observations, and complaints. When cajoled to write a letter relating any of their thoughts and feelings, however, most students decline. Often, they cite time constraints. More frequently, however, they cite a fear ofretribution. This editorial is not about a law student frustrated at how few of her fellow students take the time to submit to their school publication. We have plenty of copy. This editorial is about how horrifying it is to see law students—or anyone—afraid to commit publicly to their thoughts and observations. The problem runs more deeply than a few lL's too scared to put their name on a letter complaining about their lack of grades. Actual, viable ideas-thoughts entrenched in the minds and morals of your fellow students—are being repressed for want of a receptive environment. Philosophical propositions, ethical constructs, political theories...all are held back for fear of not getting a job, losing a networking opportunity, or offending a professor. Certainly, fear of criticism of the idea itselfis not what holds these ideas in check. Any future lawyer must steel himself for criticism. Anticipation of criticism is one of the tools of the trade; any criticism, no matter how scathing, is worthwhile when ex- Continued on page 3 that are not written. This inaction is due to the current climate of Editor in Chief S.A. Cole Graphics and Layout Editor Business Manager Managing Editor I Managing Editor II Ken Grant Dan Baich Op/Ed Editor Cindy Huang Joe Huang Staff: Columnist News Reporter Kevin Hsi Columnist Randy Janis Columnist Columnist Katie McDowell Adam Perri Russ Klein Web Editor News Editor Kristin Greeley Sol Sandberg Photographer Russ Klein Ken Grant The Opinion, SUNY at Buffalo Amherst campus, 7 JohnLord O'Brian Hall,Buffalo, New York 14260, (716) 645-2147, is published weekly throughout the Fall and Spring Semesters. The Opinion is the student newspaper of the State University of New York School of Law. Copyright 1998by the Opinion, SBA. Any reproduction of materials herein is strictly prohibited without the express consent of the Editor-in-Chief and piece writer. Submission deadlinesfor allarticles are every Wednesday preceding publication (if it'son disk, you can push it to layout time on Thursday..no later that 6:00 PM, please). Submissions should be saved in IBM Wordperfecl 5.1; please enclose printed copy for safety's sake. Write your box number on your disk if you want it returned. While the Opinion will not print libelous or anonymous material, all submissions shall be printed entirely and exactly (so proofread your materials), provided they are signed submissions from a memberof the UB Law community (students, faculty, staff, alumni). The Opinion in no way endorses the viewpoints of its various columnists and contributors. Considering that the Opinion isn't actually a sentient being, it also doesn't think there's anything wrong with any viewpoint expressed in this publication. Vi Veri Veniversum Vivus Vwi. "We have a First Amendment and we know how to use it." 2 �Prior Restraint at U8... Continued from page 2 WE GOT A LETTER! pressed coherently and accountably. Rather, it is fear ofpersonal attack. The kind of attack that says "not only is your idea not worthy of respect, but neither are you." But petty revenge and blind loathing are not a part of respectable criticism. Bowing to petty revenge and blind loathing, letting them win, is not a part of the honorable exchange of ideas. The students of UB Law should refuse to contribute or be governed by such things. Much of what we study here is the product of such a refusal. Grow up, future advocates and arbiters of a democratic society. Self-censorship is the province of the intellectually retarded. Grow up, law students, scholars, thinkers and reasoners. Intellectual terrorism is the province of the inept crusader. Grow up, and embrace the power of reason that pervades the law you came here to study. Dear Editor of the Opinion... This letter is written in response to the grading procedures here at the University at Buffalo. This letter will be in a two-part series. The first deals with the timeliness of grade submission. I am a first-year student and am appalled at the irresponsibility exhibited by certain professors here at the law school. I graduated from a state university and was prepared to contend with a certain amount of"red tape." However, I was unprepared to deal with the law school's version of the "Black Hole," (i.e. where your exams and papers disappear for 8 weeks after you take them and before the professor actually begins to read them). This period of time, let's call it "Never-Never Land" (which means you will never, never see the results of your labor), is -S.A. Cole unexcusable. Exams, especially for first-year students, are the only quantifiable method for students to measure their accomplishments. Exams are the only way to evaluate if your study method was effective or if you need to modify it. Students, and lL's in particular, stress and worry about how they fared on the only evaluative criteria that the law school provides. Professors have a lot of nerve playing this sadistic game on the minds of poor, overbyKLEIN } X3'lt RUS stressed law students. Let's hypothesize for a minute... suppose an industrious to find an internship or comparable employment for attempts 1L the summer which requires the submission of a transcript (Don't tell me CDO will find one for you because my response to you will be. Yeah, right after UB wins the NCAA tournament). When a student looks at the transcript, a look of pure horror will appear on their face...following the course name on a transcript is, Viola- a blank box!! Therefore, prospective employers will assume that because it is March and you do not have a December grade that you dropped the course. They will then conclude that you were unable to handle thefull load of law school. Please be advised, this is not the impression you want to give potential employers. Additionally, you do not want to go on an interview under these circumstances (trust me on this one). You will obviously acknowledge that: Yes, it is a little ridiculous that you do not have a December grade in the middle of March. And yes, you will say that it is not your fault that the professor is lazy and that your exam fell down the "Black Hole" into "Never-Never Land." But think about it What does that say about your school, the quality of education you are receiving, and the training you are being indoctrinated to? Every profession has deadlines and it used to be my understanding that deadlines had to be followed. It was my understanding that grades needed to be submitted to records and regPaper Chase... Continued from page 13 istration on February 16th, 1998. Imagine a 1L handing in his or because in law firms attorneys are required to pay for printing and her appellate brief to his or her Research and Writing professor downloading. She advised studentswho use Westlaw to create a cite-listof cases they are interested and look up cases in the books instead of over a month late. Things that make you say hmmmm. -Daniel M. Baich, Tormented 1L downloading and printing the cases. TO REACTION LAWFIRUSTBYDENG: RADES . . ... 3 �. Election Season... Continued from page 1 up of the President, Vice-President, Treasurer, and Parliamentarian. Law students aspiring to win these positions picked up their petitions to get on the ballot last Monday, and petitions are due today. According to BrendaTorres, the current Treasurer of the SBA and candidate for President, 65 signatures or approximately 10% of the signatures of the student body are required to be submitted to get on the ballot. However, one who does not get on the ballot can still run as a write-in candidate. NEWS Pitt Named Student Representative on Dean Search Committee Contentious... i Continued from page 1 ries fall below that of most lawyers. As of this issue, a vote on the proposal has not been taken yet. Bahatti Pitt, a graduating 3L and Student Bar Association Chris Decker, a member of the student-faculty Hiring ComPresident, has been selected to be the Student Representative for mittee mentioned that the school will be hiring new Research and the Dean's Search Committee, according to a letter Ms. Pitt has Writing instructors for next year but that the committee will not be sent to the Class Directors of the Student Bar Association. In the involved in the search for the new dean. Decker suggests that lLs letter, Ms. Pitt asked the Class Directors of the SBA to survey their and 2Ls should try to get involved in the process since it could constituents to determine whether they think the new dean should take 6-12 months if the law school decides to do a full search as be a scholar, fundraiser, administrator or have the ability to comopposed to promoting someone from within the faculty. municate well with law students. She indicated that the Search Decker's main item ofbusiness, though dealt with his work Committee will meet next Wednesday, March 25 to "put together" as Editor-in-Chief of the Buffalo Human Rights Law Journal. an advertisement for the position of Dean ofUB Law School. Speaking on behalf of the journal members who were present, Decker requested a $5,000 donation from the SBA. The journal, which was previously known as the Buffalo Journal of International Law, would use the money to place an order for 2000 copies of its inaugural issue which, can then be sent out to universities, faculties, judges and practitioners around the world. Decker said Buffalo Public Interest Law Program there were two major reasons why the SBA should approve this. The first was that it would greatly increase the reputation of U.B. Buffalo Public Interest Law Program's 3rd Annual Law School when it comes to name recognition. Among other Silent Auction will be March 27th, at Birge Mansion. things, there are 58 general internationallaw journals in this counTickets are available from BPILP members (or email try, but there are only 3 law school journals that are solely dediMindy Marranca at mlms@acsu.buffalo.edu). Tickets cated to human rights - Harvard and Columbia Law Schools (for the international perspective) and New York Law School (for the are $15 for students and $18 for the public. Price domestic perspective). Given this situation, one can assume that includes open bar, food, and entertainment. having a journal associated with two Ivy League law schools will Items to be auctioned off include bar review discounts increase the value of everybody's degree at U.B. Law. The second reason is that the funding proposal will likely make the HRLJ selfand a dinner by Professor Schlegel and Lindgren. sufficient within two years. Following Decker's presentation, Nathan Van Loon, 3L Criminal Law Society representative, made a motion for giving the full $5,000 to the Human Rights Law Journal. However, Brenda Torres, the Joe Pistone, aka Donnie Brasco, will be speaking Buffalo SBA Treasurer pointed out that this won't be possible because "the on Friday, March 27th at Bpm at the Main Stage theater Continued on page!2 in the Center For the Arts. Pistone was an FBI agent posing as a jewel theif that carried out the most audacious sting operation ever of the flamboyant and deadly community of the mafia. Tickets can be purchased at by Sol Sandberg ANNOUNCEMENTS JLSA the student box office in the Student Union. Prices ares 3 and $5 for students, and $8 and $10 for non-students. The Jewish Law Students Association will be holding a meeting on March 25. The meeting will be held in room 207, at 4:3opm. All are invited to attend. All submissions due Thursday by 5:00 pm in the Opinion office (in the basment). 4 �LEGAL BRIEFS California's Proposition 187 Declared Unconstitutional Measures approved by 59% ofCalifornia's citizenry were fully overturned last week, when U.S. District Judge Mariana Pfaelzer declaredthe remaining provisions ofthe state's anti-illegal immigrant laws to be unconstitutional. The remaining parts of the legislation, which required teachers and other public employees to report illegal immigrants as they became aware ofthem, was viewed by many as a gross violation ofcivilrights. Judge Pfaelzer, skirting the issue, declared the measures unconstitutional for other reasons, citing the lack of state authority to regulate immigration, which is the province of the federal government. Independent Book Stores Sue Borders and Barnes and Noble for Anti-Trust Violations large book stores are able to pay less per unit for books purchased, and in turn, offer larger discounts to customers. Both chains also buy large amounts of real estate in areas they choose to saturate, which eventually drives out their independent competitors. As a result, smaller stores, and smaller publishing companies, are being driven out of business. Any publishing company not willing or able to cater to mass-market demands is being shut down, and the reading public is being denied those books. This suit is the culmination of mass frustration on the part of small publishers and independent book store owners. Testosterone and Trial Lawyers A psychology professor at Georgia State University has determined that male trial lawyers have higher levels of testosterone than their non-lithogenous brethren. Observing the stereotype of the aggressive lawyer and interviewing some male attorneys, James Dabbs started his study on a hunch that the "traits" of male trial lawyers—aggressiveness, relentlessness—might have more of this predominantly male hormone. The study revealed that Dabbs "hunch" was true. Having just released his results, Dabbs has announced no plans to study aggressive female attorneys. 26 independent book stores have filed suit in San Francisco, charging two nationwide book chains withmonopolistic and unfair business practices. Barnes and Noble and Borders, the company that also owns Waldenßooks, are being charged with covert, illegal dealing which the suits instigators allege are forcing independent book stores out of business. By buying in mass quantities, the ITo SBA Candidate Statements are due on Thursday, March 26th at spm in the Opinion office or box 27 (S.A. Cole). Of 2000: The Class You are cordially invited to a reception hosted by Hodgson, Russ, Andrews, Woods & Goodyear, LLP of Buffalo, New York. Date: Time: Tuesday, March 31, 1998 - 5:00 7:00 p.m. University Inn & Conference Center 2401 N. Forest Rd., Amherst Place: Please join us for cocktails and hors d'oeuvres and meet with attorneys from a variety ofpractice areas. Buffalo • • New York 5 Rochester • Toronto • West Palm Beach �THEANARCHIST FGDGDFGDSF I ROCK NO VOTE Ifyou don't vote, you can't complain... -- Unknown They said it was right and you never asked why... Dick Lucas — One of the great traditions of our democracy is the right and power to vote that we acquire when we reach the magical age of 18. So, every first Tuesday in November, an unremarkable number ofpeople head down to the local polling station or submit their absentee ballots, and select politicians to lead them in their lives. Every 4 years, we get to pick our President (with a turnout of just over 50%). Every 2 years we get to pick our representatives and sometimes Senators, and every year there are tons of local issues, candidates, etc. that need to be voted on. Trust me: There are some localities where school board races are heated contests. For something so critical as who is going to run our lives, election turnouts are generally 10w...50% or less. I have mixed feelings about voting. When I voted in my first real election, some 7 1/2 years ago, I felt good. I think a lot of my good feeling came from being able to participate in the magical democracy we have. I can't even remember who I voted for, but I studied all the candidates I could find information about at the time. As time went on, and 1 came to Fredonia State for college, I continued to vote via absentee ballot. I wasn't about to give up my chance to be a part of democracy. However, through time, I began to realize that there were very few candidates on the ballot that I could support, and that instead of voting for one particular candidate, I found myself voting against another. The great travesty is that in order to vote against one candidate, you have to indicate a preference for another. I began to write my own name in on ballots as my vote. I have not won any positions yet, but I tried. In November, 1996,1 checked off Harry Browne ~ Libertarian candidate for President, on my absentee ballot. I have not voted since. And to make matters worse, I haven't felt remotely bad about it. It's not that I'm one ofthose who simply doesn't care (I think my columns and my persona have made it clear that I do indeed care a great deal). I am also not one of those who doesn't vote to lower my chances for jury duty. Finally, no, I'm not a felon who has lost his right to vote. In his groundbreaking (though little known) essays No Treason, the Constitution ofNo Authority, Lysander Spooner addresses the issue of voting. He addresses the paradox of not wanting to vote to give legitimacy to a system one rejects, but still acting to defend yourself and your beliefs. For example, in a more modern setting (No Treason was written in 1870), how about if I live in a state that tries to pass laws restricting the rights of homosexuals? Being that I think that homosexuals should have all the rights and liberties as a straight person like myself, I find this law an affront to my beliefs and to common decency. I face the following dilemma: (A) If I vote, and the initiative is defeated, I have accomplished something great, but I have granted legitimacy to a process that potentially restricts rights like this, (B) If I vote, and the initiative succeeds, then I have given legitimacy to a process that will outright restrict rights, (C) If I don't vote, I am sitting back idly. I am permitting a government, and the people who vote, to determine the rights of human beings without raising my voice in a potentially effective manner. So regardless of whether or not you agree, I'm sure you see my point. Voting can be a no-win proposition. Still, many cling to the notion that it's better to vote and speak up rather than pay as much mind to these "small scale wars." They should focus on the bigger picture. I mean, what's more important not granting legitimacy to a system, or trying to protect the rights of the op- - pressed in society? Superficially, protecting the rights of the oppressed is at the top. However, once you step back from the stage and take a look at things through a different perspective, your view might change. What if, for example, you saw the connection between the legitimacy of the system and therestrictions it promulgates? You might then start to get a picture in your mind of throwing water at the base to put out the fire. THE WORST OF ALL POSSIBLE WORLDS Unfortunately, without even realizing it, we have had the deck stacked against us. Imagine a situation in some democratic country where there are two thoroughly dominant parties. Both parties are so thoroughly exhausted of any new ideas, and their Continued on page 7 6 �The Anarchist Continued from page 6 old ideas are so similar, that if you were to put them both on a global political spectrum, they'd occupy spots right next to one another. Now, picture a general election for President ofthis country, where the best each party has to offer inspire virtually no one, and leave the door open for a billionaire ego-maniac to buy his way into the race by advancing economic policies that would likely I Noll make him the biggest beneficiary - and people eat it up! My friends, as you know, the above scenario is the US. The last 2 presidential elections have given us Bill Clinton, George Bush, Bob Dole, and Ross Perot. I could never support any of these individuals in any contest. In fact, I have an extraordinarily tough time deciding which one I like the least. So, picture it now — Election day 2000 roles around, and I am faced with the following choices: Al Gore, Democratic candidate for President (the way things are going, perhaps even add incumbent President to that title), and **, Republican candidate for President. Add to the mix H. Ross Perot, United We Stand candidate for President (our big "third party choice"). Even Candide's philosopher friend Pangloss could not rationalize this scenario as being the 'best of all possible worlds.' Is this what our 'great country' is giving us? This isn't a choice, this is a bunch of politicians who nobody would miss were they to drop off the face of the earth. WHAT TO DO? So we are faced with a dilemma. What to do, next election? Ideally, I would say "don't vote if there is no one on the ballot that you can truly support." I won't ask for miracles though. I would make, however, another suggestion: If you must vote, consider third party and write-in candidates. On the topic ofrevolution, Lysander Spooner said "The right of revolution, which tyrants, in mockery, accord to mankind, is no legal right under government; it is only a natural right to overturn a government. The government itself never acknowledges this right. And the right is practically established only when and because the government no longer exists to call it in question" (From the essay Trial By Jury, by Lysander Spooner, 1852). Some will say that by going against the system of democracy in America, I am advocating a form ofrevolution. I suggest that it is the other way around: By advocating the status quo, people are advocating a revolution of apathy and monumental disintegration of our society into the political equivalent of Jello. A slow apathetic destruction of a society may not be as glamorous as a military conquest, but it will provide the same destiny in the long run a tyrannical government to micro-manage our lives. Not voting does not, however, mean that you don't remain active for your causes. Its just a way of standing up and saying "I won't support this garbage on the ballot this year." It is a way of not granting legitimacy to a policy, paradigm, or politician. Stand up and act now, or 20 years from now our children will be talking about the good 'ol days, when we used to have really good choices for president in 1996... Democracy is dead. Republicanism is dead. We must go back to managing our own lives — and the best way to start is by not giving tacit approval to tyrannical politicians and no-choice elections. <http:// wings.buffalo.edu/law/opinion> Hfecff/ — Hjff _H_ robotic multiplication foj 7 - :r( CD,ires I iS, ltK £ > I �IMAGES IN MALE Mild-mannered law studentAdam Perri, usually genial and that require the efforts of disposition, receives periodic visits from his split personality. This split personality, sometimes claiming to be an alter ego, calls himselfalternatively Awakum (Russian for Habakkuk), or Alcestis (although Perri suspects he means to call himself Alceste, after the character in Moliere, rather than Alcestis, the mythological figure immortalized in antique drama). This split personality is unyielding and emphatic, and when he warms to his subject, he can be provoking. He often leaves behind him a mess that is difficult to calm. He visited again this week. Perri's Lenten observances prevented him from washing this split personality back to the nether reaches of spiritus mundi on a tide of vodka, whiskey, and beer. So, taking a cue from Siniavskii and Tertz 1, Esenin and his chernii chelovek, 2 or Goliadkin 7, and his double, Perri offers the musings of his alter ego in these Images in Male. sunny Inaffia I'ugola! Trinca, tracanna! Prima che svampino Canto c bicchier!4 -OTELLO, Act I. The current tendency in American culture to vilify drinking is self-righteous and perverse. The president's proposal to bribe states to reduce the blood alcohol content levels necessary for conviction of DWI is political pandering of the worst sort. [It is easy for a man with a full time driver to preach the evils of drinking and driving. Such a man can drink as much as he likes and never worry about getting home.] The dangers of drinking and driving have their origin in the necessity of driving, and not in the pleasure of drinking. By allowing people to drink legally at an early age, and preventing them from driving until they reach maturity, society can forestall, if not eliminate, most of the problems associated with drinking and driving. I. Drinking The contention, expressed querulously and shrewingly by ossified hippies and sanctimonious public health officials, that alcohol is a drug morally indistinguishable from illegal drugs, is a pernicious lie. Since Noah landed his ark and planted vineyards, drink has been a manly joy. The consumption of alcohol is a celebration of human creativity, since alcohol does not occur naturally, but is produced only by human effort and ingenuity. (As the Catholic ritual proclaims so movingly, wine is the work of human hands). Unlike the use of drugs, which requires no more intellect than the amount needed for a Stone Age savage to pluck a leaf off of a plant, the production, use, and enjoyment of alcohol all bespeak a vigorous and cerebral people well past the hunter-gatherer stage. Producing alcohol requires enough brain to understand the distillation process, and the requirements of large-volume brewing or distillation lead easily to an economy sufficiently advanced to supply specialized workers and goods in the needed volumes. [Engels identifies labor and the performance of tasks of many laborers as the motive force impelling the transformation of ape to human]. Drug takers, whether opium eaters, crack heads, or smokers of hash in Amsterdam's street cafes, all undergo an individual experiences, even when other drug takers are physically nearby. The drug experience is not a shared one, and one of the features of the drug-taking subculture is the sharing of stories about the attractions of these individual experiences or trips, even between people who took drugs at the same time in the same place. (Perhaps the individual nature of the drug experience explains its disproportionate popularity with the most solipsistic members ofeach increasingly solipsistic generation). By contrast, excessive drinking, when undertaken in the company of other men is a collective experience. (The collective experience of drinking is most readily perceived when the group of drinkers are all of the same sex. In a mixed group, the tenor of the experience ripens from bacchic to priapic). It is a shared experience with the other drinkers. A group of drinkers possesses synergies that groups of drug takers (or non-drinkers) cannot feel. Bacchic worship relied upon these synergies for its collective dynamic. The worship of the bull,5 the dance ofthe maenad, the lips stained purple, are hallmarks of the drink, with its capacity to dissolve the individual personality into a collective identity, however temporarily. 6 This is an obvious point, demonstrated conclusively by Fred Nietzsche, and there is no need to belabor the idea here. Anyone who doubts the collective nature of the Dionysian celebrations should consult THE BIRTH OF TRAGEDY. Drink is sublime. It is the fuel of celebration, the tonic for sorrow, and it gives texture and poignancy to grief and mourning. It will outlast all attempts to eradicate it, and should do so. To attack drink is to attack the enormous irrational dimension to human nature. 11. Drinking and Driving Most of the current shrewing about drinking results from the dangers of drinking and driving. Driving while drunk is inexcusable. So is the drunken performance of any task that requires clarity of thought. Equally inexcusable is the social organization that renders driving inevitable and unavoidable. Lost upon modern man is the perversity ofresidential neighborhoods without sidewalks, homes where the primary entrance is the garage door, and taverns in strip malls accessible only by car. Since our society has rendered the automobile indispensable to living our lives, it is unsurprising that we should then appear behind the wheel at all times and in all conditions. Those who wish to diminish the instance of drinking and driving should attack the root of the problem: our dependence upon automobiles. [Diminishing our reliance on automobiles does not have to manifest itself in the hippie-dippy ways one usually associates with such an effort. Concerned citizens can pressure local elected officials to enact zoning changes that would 1/prohibit operation of dramshops on streets that don't have sidewalks; 2/ allow the operation of dramshops in locations closer to high concentrations of population; 3/ require that new Continued on page 9 8 �Images In Male.... Continued from page 8 development projects, be they residential or commercial, include the faying ofsfdewai'As.f 111. Drinking without Driving. The easiest solution to the problem of drinking and driving is to lower the drinking age and raise the driving age. A boy should be able to drink when he reaches puberty. Since that is fairly subjective a standard, any age between 12 and 14 will do. Meanwhile, the driving age should rise to the time when a young adult is economically viable. For educated humanists and social scientists, that is about age 30, but anytime between 20 and 22 is acceptable. (The state can provide exceptions for young adults who must work to contribute to family income, in the same way that there are currently exceptions for farm children to drive tractors and other farm equipment before age 16 in the performance of labor that contributes to the family income). The combination of lower drinking age and higher driving age will result in the following happy consequences: a) it will eliminate teen drunk driving, since teens won't be driving. Access to cars and licenses is much easier to control than access to alcohol; b) it will accustom young adults to drinking in an environment and social milieu that does not include driving. It will also make them comfortable with the habit of arranging alternative methods of transportation to and from drinking parties or establishments; c) it will render young adults experienced drinkers by the time they are ready to leave home or sit behind the wheel of a car. As such, they will have experienced the effects of alcohol and learned their limitations. Moreover, they will have finished their vomiting and misbehaving under the watchful and benevolent eye of a parent or guardian, rather than an unsympathetic bouncer, publican or other type of antagonistic gagootz.7 d) it will improve the bargaining position of parents in family disputes. Because many fathers are afraid to whip their sons when discipline is required, many young boys run riot. By making the children rely upon their parents for transportation, the advantage should shift back to the parents (even those that eschew the knout, either from conviction or intimidation by meddlesome social workers). There is no social good that derives from goateed boys, stinking ofDrakkar Noir and looking like they got lost on the way to an audition for a Mountain Dew (TM) commercial, driving their cars to high school. From the standpoint of drinking and driving, the danger of contemporary youth culture stems from the fact that young adults start drinking at about the time they start driving. Let them drink earlier to gain the experience of abusing alcohol in a fairly harmless setting. Otherwise, they will abuse alcohol in a dangerous setting, i.e. among strangers on a distant college campus, or in an atmosphere where driving drunk prevails. Let them drive only later, when they are experienced as drinkers and as adults. 4 The liner notes of the RCA version with James Levine conducting the National Philharmonic Orchestra offers the following translation: Come wet your whistle! iTrihi/ tiara] ahnif aeep:' Before song and glass Are swept away. 5 In moments of severe intoxication, the author oilmages in Male has seen the bull mentioned in Euripides' BACCHAE. The same bull is said to figure prominently into the Eleusinian mysteries. While it is chagrining to acknowledge being that gassed, it is thrilling to witness in your mind's eye the contours of an archetype from the collective unconscious. 6 Temporary and voluntary collectivity through revelry is a much nobler and more achievable goal than sham collectivity through thought control, political coer- cion, or the other intellectual fads of the callow and idle class of political agitators. 7 Gagootz/gag-gootzV n. 1. A Mediterranean squash; 2. A manual tradesman from any ofthe cities of Upstate New York, oftensporting spaghetti stains on his tank-top, and an advanced case ofPlumber's Ass. Not a pejorative term. TO THOSE READERS INCLINED TO SMIRK AT THE MANUAL TRADESMAN, AN ADMONITIONTO MOCK HIM NOT: Mock not the manual tradesman, because he is a thoroughly decent being. Thomas Gray described his virtues at length in the Elegy Written in a Country Churchyard. The author of Images in Male is proud to come from a long line of manual tradesmen and peasant farmers. Furthermore, one would do well not to underestimate the talents of the manual tradesman. Enthusiasts of the genre have informed the author oilmages in Male that the adult movies of the 1970s showcase the substantial fortitude of the manual tradesman. Such movies are rumored to provide many examples of mechanics, delivery men, and pool cleaners outwitting their social betters to usurp the prerogatives of their employers. The author of Images in Male cannot verify these rumors, and is not competent to generalize about movies of that genre, but his substantial experience with manual tradesmen in various capacities inclines him to believe that if the rumors are true, they provide an accurate depiction of the manual tradesman and his abilities. »y««« met* 1 Soviet writerAndrei Siniavskii wrote provocative articles under the name of AbramTertz, and tried throughout his formidable literary career to keep the personality of Tertz separate from the personality of Siniavskii. 2 Soviet poet Sergei Esenin wrote a poem called Chernii chelovek, in which his alter-ego comes to ridicule him one night when he is drunk. (Among the things that this alter-ego ridicules is Esenin's romance with aging (and fattening) American avant-garde dancer Isadore Duncan). Esenin tries to beat the alter-ego. In the morning when he wakes up sober, he finds himselfalone with a broken mirror. J Goliadkin is the hero of the short novel of Dostocvskii, THE DOUBLE. 9 SPORHETLIN"A: SURPRISE!" j-tj-^g �IN THE NEWS A few years ago, Gloria Steinem wrote Revolution From Within, a book about Self-Esteem. In this book, she discussed how such daily affirmations as meditation, aromatherapy, and nurturing your inner child can result in inner peace for the individual, who would then bring that peace to the rest of the world. Theoretically, this would make the world a nice place where bombs and bullies would be replaced by flowers and folk singers. But, hey, different strokes for different folks. While Gloria is out there burning Victoria's Secret candles and stroking her inner..whatever she wants to call it, I read the news. This is because, contrary to those who need to feel at peace with the world to love themselves, I like to take a look at how everybody on the planet, except for me, is completely insane. This, while it might not be true, is the sort of thing that makes me feel good. To illustate how it is done, we will look at last week's New York Times. On Monday, those of us who do not watch 60 Minutes were mildly sickened to find out that another victim of the Marquis de Clintone has come forward with her story. By Wednesday, it was revealed that Christine E. Wiley was searching the publishing world for the proper publisher for her not-yet-written, tell-all book. This is the kind of idiocy I was referring to. Now, leaving for a moment the questionable veracity of her tale (although aside most americans are pretty sure that Bill knows she has a tail), look at the facts. As her story currently stands, Ms. Wiley has accused our President of one rough groping session and a smooch or two. I mean, the incident only lasted a few minutes. So, what the hell else is she going to put in her book? Unless Kathleen Wiley writes like Ambrose Bierce, there is no way she can turn ten minutes of slap and tickle into a novel. Perhaps she should look into writing a slim volume of haiku poetry. The president's hands Move like polls in September Should have votedDole Moving 0n... last Tuesday was St. Patrick'sDay. InNewYork City, hundreds thousands of drunken idiots paraded through the streets while listening to bagpipes, brawling, and saying things like "blarney" and "shamrock." The Times had a big picture ofthe festivities on Fifth Avenue. No doubt, celebrations of ethnicity like St. Patrick's day have helped the Irish, former victims of segregation and ethnic vilification, to be accepted and celebrated members of the American community. Somehow, the Irish got past the "No Irish Need Apply" signs is turn-of-the-century Boston, to convincing the vast majority ofthe American people that having a quick temper and being a drunk are cool things to do (as if the Irish have some sort of ethnic lock on personality disorders and alchoholism). This mass ritual of stereotypically Irish behavior set me to wondering. Perhaps every disenfranchised minority should be awarded a national holiday to flaunt the hurtful generalizations imposed upon them by the dominant paradigm. It seems empowering; I can see it now. Picture: hundreds of thousands of people marching in New York City to rap music, smoking crack, and participating in light-hearted drive-bys on St. African-American's Day. Or a mass celebration of city-dwellers listening to tom-toms, saying "how," and engaging in ceremonial scalpings on St Redskins Day (I hear they already do that in Altlanta). And my personal favorite: once a year, everyone nationwide refuses to work, purposefully get pregnant, and collects WIC on St. Welfare Queen's Day. It's interesting to see what's considered racism in this country, and what is acceptable social ritual. Last week's Times also included a copy ofthe Vatican's formal apology for the Catholic Church's role in the Holocaust—or Shoah, as they phrased it. In an act of "repentence," the Church "repudiated] every persecution against a people or human group anywhere, at any time." There followed a list of such inhumane acts: the massacre of the Armenians in the early 20th century, pogroms against the gypsies, "and similar tragedies that happened in American, Africa, and the Balkans." You know. Tragedies. Like witch-burnings, inquisitions, and crusades. What doesthis mean? I guess you only have to apologize if the people whose gold you're holding come back to claim it. According to the Times, the apology has met with a varied reaction from Jewish leaders around the world. A rabbi from the Anit-Defamation League was quoted as finding the document "disappointing in certain respects," while others acknowledge that the apology is a sign of great progress. Personally, I think the actions of the current Pope, to factilitate peacable Catholic-Jewish relations, speaks volumes more than any apology ever could. Especially this apology, which expresses a collective sense of guilt for "inaction" on the part of the Church, but outright denies the influence of historically anti-Judaic religious policies in the development of the Nazi's anti-Semetic politics. This would be like Bill Clinton apologizing for slavery but denying that the text of the Constitution had anything to do with the slave trade. Ignore that clause in Article 1, and don't worry about that 3/sths of a person over there.... Gosh. Did I say this sort of thing cheers me up? It's time to join the rest of the country and start reading People. by S.A. Cole Want to advertise your club happenings, tell the world your opinion, or rage against the way the school is run? All submissions should be given to us by spm on thursdays, either in the Opinion office or box 27 or 95 (you get a choice!). 10 �The following is a series of messages regarding the new listserves created by Ross Howarth, Nancy Santarelli, and Andrew Fanizzi. They are reprinted here for the bennefit of anyone who might have accidently been excluded from the listserves. For those law student's who didn'tread the original listserves announcement, either because they haven't checked their school acsu.buffalo.edu e-mail in the past week or because they were one of the few students who weren't added to the new listserves because their address wasn't ascertained, here is a revised reprint of the announcement message: "Dear Classmate, Hello, and welcome back from Spring Break! My name is Ross Howarth. For those of you who do not know me, I am currently a second year law student at U.B. I am writing to you to announce some new e-mail services and to let you know about existing e-mail related resources you may be overlooking. Nancy Santarelli (2nd year), Andrew Fanizzi (2nd year), and I have compiled lists of the e-mail addresses oflaw students in the classes of 1998,1999, and 2000. We obtained the e-mail addresses by comparing the 3rd floor mailbox lists, previously compiled lists, class e-mail lists, West's Student Directory, and the Buffalo Law Review's e-mail list. Ultimately, we combined these resources into a master list and then created "listserves" for each class. A listserve is an e-mail service which allows a large selected group of people to receive information via e-mail, without listing each individual person in the e-mail (no endless scrolling through names and e-mail addresses to get to the actual message). get this message tell them to send me an e-mail at howarth@acsu.buffalo.edu stating:,their year, name and e-mail address(es). Also, if you would rather have this e-mail sent to ,a different or an additional e-mail address(es) (your personal address(es) only), then either, c -mail or personally give Audrey the address(es). She will need to verify that you are a student, so provide her with your student ID#and your class year. It is recommended that ,EVERYONE eventually provide an additional "lifetime" e-mail address because your UB e-,mail address will be canceled when you graduate and these lists will still be used to contact you. If you have been placed on the wrong list or need to be on two lists because you are in a four year program, let CDO know. �a************************************************** SOME E-MAIL ADDRESS OPTIONS: "LIFETIME EMAIL ADDRESS": A "LIFETIME E-MAIL ADDRESS" can be obtained for free on the web. For example, at the "Yahoo" web browser site on the world wide web, you can sign up for a lifetime e-mail address that will do nothing but "FORWARD" your mail to another e-mail address that you specify. This allows you to have CDO, employers, family and friends send e-mail to an address that will not change when you graduate. You can have your email "forwarded" to your school account, AOL account, JUNO etc. Then later, using a password obtained when you sign up, you ********************************************************* can change the "forwarding" e-mail address, e.g. work or home eOBS: lawjobs-class[l99B/1999/2000]-list@listserv.buffalo.edu. I mail address. Note: I don't know if attached files will be forhave been informally working with Audrey, at the Career Development Office ("CDO"), and she has agreed to use the "lawjobs warded from these addresses, so you may want to tell anyone who listserves" to announce NEW JOB LISTINGS VIA E-MAIL, AS wants to send you a "file" to sendit directly to your school acsu or THE JOB LISTINGS COME IN). The good news is that you, the your AOL etc. account(s). But, for purposes of a listserve, and student, theoretically should only receive information about jobs most other e-mail, these "forwarding" e-mail addresses are useful. FORWARDING FROM YOUR SCHOOL ACCOUNT: & judicial clerkships that are relevant to your class (e.g. jobslisted Many students don't like using their school acsu account, as being for Ist and 2nd years, will only be sent to the classes of either because they hate signing on to the school's system, can't a Currently, 2000 and 1999). someone looking for job should be on CDO sign (busy!), don't like the software etc. For these students, to the office on the 6th floor to up going everyday check the one option is to have your school account "forward" all e-mail books for new jobs. Now, that same student can be notified via email that a new job is in and learn enough about it to determine if sent to it to another account(s), e.g. AOL, JUNO or work etc. This he/she is interested. This will not replace the old system or the can be dome by creating a "forward file" in your school account news letters from CDO. It is just meant to be used as an additional (CIT help desk can show you how to do this). Two warnings: (1) tool to give advance notice of new job listings, so we students can this type of forwarding will end when your school account ends move on them while they are hot. Also, the listserves would allow (graduation), so you won't get mail sent from CDO about jobs etc. students to learn about job listings, major CDO announcements after you leave and (2) because your mail is forwarded, you can etc. that come out during a school break and during the summer. I not check it on your school account and if you change your "foram sensitive to concerns about receiving constant junk e-mail. warding" address, you need to change your school "forward file." Audrey and I have agreed that these listserves will be used only Forwarding your school account may be useful, however, if used for relevant job and job related information. Further, onlyAudrey in conjunction with a "Lifetime" e-mail account (see above) (forwill have access to send e-mail to these listserves. Lastly, you ward your school account to your "Lifetime account" so you don't may sign off this list at any time, simply by sending an e-mail have to use the school's e-mail system). THIRD PARTY message (described below). Before signing off, however, please SOFTWARE:Here is another option for students who don't like realize that even if you currently have a job or aren't looking for using their acsu account. Third party e-mail and browser softone, these listserves may still be worth staying on. These same ware can be used to allow you to get your mail from school, and listserves will continue to be used in the future, including AFTER other accounts, via the world wide web. You can either use your you graduate. Also, once you un-subscribe, only Audrey can put school account via ppp (still have to sign on through school) or you back on (this was done so that only UB students would have any other c is a "EVENT ANNOUNCEMENT," "PARTY ANthe advantage of the listings). NOTE: I did not find the e-mail NOUNCEMENT," or "ONLINE OPINION;" addresses of every student, so if you know someone who ,didn't 11 �Contentious SBA Continued from page 4 problem is that SBA doesn't have $5,000 to give." According to Torres, the SBA has no more than $4,000 available after the phone bills for the various SBA organizations are paid off. The problem is that the phone lines were under-budgeted for the 1997-98 school year and consequently, the phone bills have greatly exceededeverybody's expectations by thousands of dollars. According to SBAExecutive Vice President Joe Reynolds, the SBA covers the phone bills for the 45 different SBA organizations. Decker says that the HRLJ needs the money now because the first issue is supposed to be completed and sent out around ay 1. The journal wish to buy copies from its publisher by the block since it's cheaper that way. This is because it will cost $8,000 for 1,000 copies vs. $10,000 for 2,000 copies. The HRLJ's goal is to sell 200 subscriptions. Decker is confident that the journal could do this because the journal was already getting 140 subscriptions as a general international law journal. Furthermore, each subscription costs $40 of which a fifth goes back to the journal. The journal plans to raise the remaining $5,000 needed for publishing from fundraising, Sub-Board and the HRLJ's own budget. However, Decker stressed that given the nature of academic journals in general, the HRLJ does not want to sell advertising in their issues if they can help it since the presence of ads often negatively affect many readers' perception of the journal. Van Loon pointed out to the SBA that the journal first approached the SBA at the beginning of the year for the request and has been waiting since, "The Human Rights Law Journal proposal has been sitting on the back-burner since January 15... it is a worthwhile cause and it's only a one-shot deal. They've been doing the right thing all along and I want to make sure they don't get the short end of the stick." Several members of the SBA E-Board expressed worry that the money given to the HRLJ now will not be enough and the HRLJ might return next year for more money. Decker responded to this criticism by pointing out that the HRLJ have been waiting to hear from the SBA since the funding request was submitted in January. Torres offered a compromise to divide up the journal's proposal into two separate payments. $2,500 under the current budget with the remaining half coming from next year's budget. Van Loon agreed with the suggestion and mentioned that next year's (98-99) SBA budget will be available beginning August and that perhaps Decker can negotiate with the publisher to see whether or not they can accept the second half of the $5,000 payment at that time. Decker said that he will try and do so. Tonya Guzman, the SBA Secretary, said that her main concern "is that there's no way to guarantee that next year's SBA will approve the additional $2,500." The meeting turned more contentious when Frank Jacobson, a 3Lrepresentative and an editor ofthe Buffalo Criminal Law Journal criticized the funding proposal even though he missed Decker's presentation. Jacobson voiced doubts that the HRLJ could sufficiently raise funds on its own to cover future expenses. A debate then ensued between Jacobson and Decker over the issue of budgeting and journal operations in general. However, Jacobson main criticism was targeted at the SBA's spending habits. "We're setting a dangerous precedent here," Jacobson cautioned, "we came in this year with a $20,000 surplus and we've blown it all away. Just last month we gave away $7,000... it's like we're giving the money away." Torres responded that "the SBA did have a $20,000 surplus but last year's SBA overestimated in certain areas and we didn't bring in as much money as we thought we would." Torres also pointed out that the SBA did have many late bills which it still has to pay. Another problem is that many SBA groups, including The Opinion, failed to do much fundraising this year even though they are expected to do so. Torres also warned the SBA that because of declining student enrollment at U.B. Law School, student organizations are not going to have as much money over the years because less money will be generated from the mandatory activities fee. Following this discussion, Guzman took up Torres' earlier suggestion and made a motion to amend for $2500 guaranteed for this year with the understanding that next year's SBA will try to approve the remaining $2,500 as quickly as possible. Van Loon agreed to the amended motion. Jacobson then made a motion to table the amended motion for two weeks. A vote was taken and Jacobson's motion was narrowly rejected by a vote of 5 for, 6 against and 2 abstentions. A vote on Van Loon's amended motion for $2,500 was approved by a vote of 9 for, 4 against and 1 abstention. The remaining $2,500 will be decided by next year's SBA sometime next semester. The meeting ended with a reminder that budget proposals to the SBA are due on March 16 in the SBA office. As of this issue, several SBA groups appeared to have missed that deadline. The budget hearings will be held on the week of March 24. Theannual budget meeting for the SBA groups will be held on April 21. The next SBA meeting will be on Tuesday, March 21 in O'Brian 210 at 5:30 PM. All are welcome to attend. FINAL SURVEY SAYS! We received some more surveys (sorry folks, that was your last chance to hand them in, but we still invite you all to comment on any aspect of the law school, good or bad). The final couple of surveys gave mixed reviews on various aspects of the law school. While one was very critical of the CDO, the other survey praised them, even awarding them the grade of H. The Student Bar Association continued to receive poor marks, receiving a Q- and a D, with one student wondering what have they done. Overall, results for the entire survey batch were rather mixed on most areas, such as the deans. Most responses praised the library, and gave the faculty passing grades. While most of the surveys were critical of the CDO, there were also some praise. The Opinion thanks those who have participated. 12 �A Clerical Error by Sol Sandberg When Kathryn Smith, a 31L, handed in her take- home final exam paper for the Federal Sentencing Issues Bridge Course, she was confident she did a good job.The exam, which had been handed out on the last day of classes and was due one week later, was comprised of 2 questions with fact patterns similar to the ones found on many law school exams. Ms. Smith said," I thought I did a fairly comprehensive and well written exam and I expected, at least, to get a "Q". I worked hard on the exam-ten to twelve hour writing it- and studied for it ahead of time. I did the class work." Thus, when Ms. Smith called on Bird to check her grade for the bridge course, she was shocked to discover that she received a "D" for the course. She began to worry about the impact of her "D" grade on her future plans to the point that she started to have problems sleeping. Kathryn explained, " I would have liked to get an LLM someday or try to work for the Federal Government and all of these plans would require me to send out a transcript." Friends with whom she discussed the "D" grade speculated that the grade might have been a mistake but Ms. Smith assumed that the grade she received was correct. But to clarify what she did wrong, she called the Professor to set up an appointment to go over the exam. She informed the Professor that she received a "D" in his class and that she was worried. According to Ms. Smith, the Professor said he didn't know who got the "D" but it was not a very good exam. Five days later, Ms. Smith went to the Dowtown office of the Professor armed with a copy ofthe exam she wrote. When she showed the Professor the exam, the Professor looked it over and said this is not the exam I gave a "D" to and he asked her if this was the exam she handed in. She said that it was and the Professor then indicated that the grade she received seemed like a mistake and he would figure out how to get it fixed. He then apologized. A few days later, Ms. Smith went to the A&R office to make sure that they knew about there was an error in the grading of her exam. She was told that they had been in contact with the Professor and they were aware of the problem. Based on what she was told by A&R, Ms. Smith thinks the mistake occurred because the exam she wrote was stapled to the question sheet instead of to the bluebook which contained her rough notes. The Professor, it seems, only graded the rough notes. The exam, Ms. Smith wrote was later found by the A&R staff. According to Karen Waltz, Assistant Dean for Student Services and Registar, when mistakes like like this happen, they are deemed clerical error and the Registrar has the power to change the mistaken grade to the correct one. Ms. Smith later learned that her grade was changed to Q plus. Ms. Smith is relieved but she cautions students with the following," Students should check gradesmeaning they should look at the exam. I don't mean this as a criticism of A&R, but this is an incredibly complicated process and mistakes happen. Students should be diligent about checking exams. Paper Chase... Continued from page 1 sible for their finances. He explained that the deans are looking fo ways to cut costs in computer printing and ideas are being floated around to install meters in labs, require swipe cards, or even force students to purchase their own printers. Many students have indicated that they should not have to pay for computer paper voicing sentiments similar to that of Fidel Gomez a 21, who said," I don't understand why, if we pay tuition just like the undergraduates, we can't get the same treatmen, especially in light of thefact we pay two times the tuition." Some computer lab assistants feel uncomfortable enforcing the ten cents per printout rule. One said to me on the condition of anonymity that payment was based ob the honor system and he would not feel comfortable checking student'sbags for printouts or asking them ifthey paid foruse of the printer. Another said simply, If I can't enforce it across the board, I won't make them pay." According to Dean Cook, debit cards used to pay for printing in the lab are still available from Gloria Paveljack. However, she said very few cards are purchased. Dean Cook also indicated that computer lab assistants may not be adequately supervised due to budget constraints.She also explained that as Work-Study is a federal program, the Work-Study Students who are employed and paid by the federal government and not the Law School. As such, the Law School is grateful to have Work-Study students supervise the lab but it has little bargaining power with them to enforce its will since Work-Study students can always move to another position if they find working in the computer lab unsatisfactory. BrendaTorres, a 21, who works in the labestimated that about 60% oflab assistants are Work-Study while 40% are employed by the Law School. A consequence of the shortage of paper is that some students may be increasingly using theLexisNexis Printer for printing. According to Lexis representative, Jim LaPiana, a 21, in the past few weeks use of the Lexis -Nexis printer has jumped to three times as much as was used previouslyfrom approximately 8 boxes of paper in two weeks to 24 boxes. Mr. LaPiana believes thatthis increase in use can be attributed to students printing their general workandWestlaw using theLexis printer because thereis no paper generally available, saying that eight out of ten times he has checked in a ten day period, he has found Westlaw material printed on Lexis paper using theLexis printer despite the presence of a sign indicated that theLexis printer is for Lexis printing only. In response to what he perceives as a growingproblem, on this past Wednesday he wrote on a sample of Westlaw material printed on Lexis paper the following note, "This print is a violation of SUNY Rules and Regulations (i.e. theft). Continued use may result in a complaint filed against him with JudicialAffairs." Mr. LaPiana explained to me in an interview that the policy of reporting students who use the printer for printing other than Lexis has not been officially approved by his boss at Lexis and he hopes such measures will be unnecessary, but he said, Lexis is looking at a number of options in dealing with the problem including even removing the printer. He also said thatLexis is considering placing a " stand alone" printer in the lab instead of the currently used attached printer. Unlike theattached printer, thestand alone printer would be available solely toLexis users and could be used to send documents to print from home. Currently, there is a stand alone printer in the lab but it is available only to faculty and students on journals but not to the general law student population. With the beefing up of enforcement of Lexis's printing policy and the increasing likelhood of the printer's unavailability for Westlaw printing, some students who use Westlaw have complained about the absence of a Westlaw printer for general use in the laboratory. Amy Swistock, the Westlaw representative explained that theWestlaw policy at UB is for students to print materials on the regular printer and pay the necessary costs. She pointed out that Westlaw does not provide printers to law firms and thatproviding printing free of charge wouldencourage waste and badhabits Continued on page 7 13 �These are the People in Your Neighborhood ... Doin' that CompuThang in the cozy confines of ÜB's own museum of retro-technology, the so-called "UB Law Computer Lab." ... the People that You Meet Each Day Catching some Z's in the law school library Translation of our latin motto: "The best newspaper money can't buy." 14 � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Opinion, 1998-03-23 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. Opinion Vol. 38 No. 11 Date Issued Date of formal issuance (e.g., publication) of the resource. 3/23/1998 Bibliographic Citation A bibliographic reference for the resource. Recommended practice is to include sufficient bibliographic detail to identify the resource as unambiguously as possible. 38 11 Publisher An entity responsible for making the resource available University of Buffalo State University of New York at Buffalo Law School Language A language of the resource eng Type The nature or genre of the resource Newspapers Text Is Part Of A related resource in which the described resource is physically or logically included. LIB-LAW003 Rights Information about rights held in and over the resource <a href="https://rightsstatements.org/page/CNE/1.0/">COPYRIGHT NOT EVALUATED</a>. The copyright and related rights status of this Item has not been evaluated. Please refer to the organization that has made the Item available for more information. You are free to use this Item in any way that is permitted by the copyright and related rights legislation that applies to your use. This digital collection is made available for research and educational purposes. Researchers are responsible for determining copyright status, and securing permissions for use and publication of any material. Copyright for items in this collection may be held by the creators, their heirs, or assigns. Researchers are required to obtain written permission from copyright holders and the University Archives prior to reproducing or publishing materials, including images and quotations. For inquiries about reproduction requests and permissions, please contact the <a href="http://library.buffalo.edu/archives/">University Archives</a>. If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/81cf032ae137d2701d9b391f71924acb.pdf e698a06e8c48ed6ff73ec6b17e013b8f PDF Text Text ~~ . ,, •. . ·i'[I' . ··_-. .~~~: 1~. r~··. :, . -:---~~~ .. 3.16.98 "Vi veri veniversum vivus vici." 27 th Annual Albert R. Mogel National Tax Moot Court Competition Vol. 38, No.10 by Jessica A Desany Late last month the Buffalo Moot Court Board and UB School of Law hosted the 27 th Annual Albert R. Mugel National Tax Moot Court Competition. The competition's founder, Professor Albert R. Mugel, has been practicing law and teaching at the UB School of Law for over fifty years. Continuing the school's excellent reputation in the field of tax law, the Mugel competition hosted fifteen schools from across the country. Cornell Law School, Santa Clara University School of Law, Howard University School of Law, Quinnipiac College School of Law, Louisiana State University Law Center, and our very own teams from the University at Buffalo School of Law were only some of the schools that attended the competition this year. All Competition rounds were held at Old Erie County Hall on Franklin Street in downtown Buffalo. The preliminary rounds were held on Thursday and Friday, February 26tl, and 27'\ at 6 and 8 p.m., and the semi-finals and finals were at 9 and 11 a.m., respectively, on Saturday the 28tl,. This year we were honored to have, in addition to our magnificent pool of attorneys from the Buffalo community, United States Tax Court Judges John Pajak and Daniel Dinan presiding over the final round along side of our own Professors Mugel and Joyce. For future events, please visit the Buffalo Moot Court Board's web page at http://www.wings.buffalo.edu/moot-court. Outlaw Hosts Talk on Impediments to Immigration By Joan Dickenson Immigration law in the United States is designed to keep families together--but only certain families. This point was made clear by Levy S. Soloway, specialist in immigration law, who spoke at UB on "U.S. Immigration Law as it Affects Lesbians and Gay Men." Soloway, a Toronto native who practices law in Manhattan, spoke at second annual OUTLAW and BAHRWNY dinner and celebration Fed. 28 at the University Inn. If you only read and listen to the mass media, with its emphasis on phenomena like the TV sit-com "Ellen," you probably think gays and lesbians have an easy time in the U.S., Soloway said, but in terms of national values as shown by the law, very little has changed. True, the exclusion policy--that gays and lesbians couldn't come here and couldn't get legal immigrant status if they did--was repealed in 1991. Without it, the Lesbian and Gay Immigration Rights Task Force, the non-profit volunteer group Soloway and friends started in 1992, couldn't exist. But the exclusion continues to operate in both open and subtle ways. Altogether, 900,000 people are admitted annually to the U.S. as legal immigrants. Two-thirds are relatives of people already here, and of those, 170,000 are spouses. "The bedrock principle of immigration Jaw is the guiding humanitarian principle that families should be kept together," Soloway said. "There is no limit on immigration of spouses, minor children, and parents. Under the law, spouses are the most important. The immigration and naturalization process is expedited for spouses of U.S. citizens--even if they're not actually married ...Spouses can become citizens in three years rather than five, and they are almost automatically granted the status of Continued on page 4 Inside ... More controversy about Images in Male ........................... 3, 5, 6 A Hunt for the Truth................................................................... 7 Fan mail from Texas................................................................... 9 Gene Klindienst brings you political satire ........................ .7, JO A Message to the People of Earth .............................................. 6 The Ooinion welcomes You back from Sorin2 Break 1 �IEditorial: Sex, Scouts, and Segregation It is also true that in those dark times a wise man had to believe things that were in contradiction to themselves. --Umberto Eco, The Name of the Rose In these federalist times, constitutionally mandated coer­ cion is the instrument that ensures the fairness of both the public and private sector. This turns many devotees of self-determinism into raving schizophrenics. For the purposes of this editorial, the pivot of this schizo­ phrenia is the gay/lesbian civil rights movement. Fact: Gays and lesbians should be fully protected from government discrimina­ tion. This protection should include the unfettered right to marry and the right to serve unsilenced in the military. Fact: American citizens operating in the private sector should be able to choose their associates, tenants, and employees. Both of the above statements are related to a political construct that believes americans have a right to live their lives the way they choose to. Devotion to such a principle casts govern­ ment in the role of providing an even playing field for a very rough and uneven game. With increasing frequency, however, this even playing field morphs into a biased referee. In other words, gov­ ernment is frequently called upon to force fellow americans to be nice to one another. For example: With the law backing his fight agaiq.st discrimination, ousted Scoutmaster James Dale recently broke through a straight line of segregation. A few weeks ago, a New Jersey Appeals Court heard his case, and decided that homosexuals have a fundamental right to membership--or leadership--in the Boy Scouts of America. To listen to the uproar, one could easily suspect that the Boy Scouts of America will soon require their members to earn Editor in Chief ................................................................. S.A. Cole Graphics and Layout Editor ........................................... Ken Grant Business Manager ........................................................... Dan Baich Managing Editor !... .................................................. Cindy Huang Managing Editor Il ....................................................... .Joe Huang badges in hairstyling, interior decorating, and fashion design. Some members of the Scouting community probably also envision drag­ queen workshops, and competitions involving the creation of ef­ fective lubricant using only some rope and a swiss army knife. And many have already gone so far as to question the safety of young boys in the presence of proclaimed homosexuals. These are the type of "stereotypical notions" the court was directly responding to in its opinion. Dismissing the concerns of the Boy Scouts, the court acted to enforce equal protection by making a sweeping declaration of the innocuous nature of homo­ sexuality. This sort of judicial activism is of the type that charac­ terized the racial segregation decisions of the Warren Court. Invoking the 14th Amendment, the court compared the "public accommodation" provided by the Boy Scouts of America to the service provided by a bus, lunch counter, or movie theater. As with any segregation case, the decision reinstating James Dale was written in the country's "equal protection" vernacular; consti­ tutional vocabulary derived primarily from decisions involving racial segregation. For some, the implicit comparison of the Boy Scouts to Ollie's Barbecue is insultingly extreme. For others, the blatant disregard for the "moral standards" of the Boy Scouts of America is a gross violation of their First Amendment freedom of associa­ tion. The 14th Amendment became part of the constitutional landscape at a time when our nation was torn over ideology and philosophy. In an attempt to stitch together the tattered rags the fabric of our nation had been rent into, Congress conferred powers of civil regulation unto the federal government in previously un- Continued on page 3 Staff: Columnist. .............................................................. Kristin Greeley News Reporter ................................................................. Kevin Hsi Columnist. .................................................................... Randy Janis Columnist... .......................................................... Katie McDowell Op/Ed Editor ................................................................. Russ Klein News Editor ............................................................... Sol Sandberg Columnist. ..................................................................... Adam Perri Photographer ................................................................... Ken Grant The Opinion, SUNY at Buffalo Amherst campus, 7 John Lord O'Brian Hall, Buffalo, New York 14260, (716) 645-2147, is published weekly throughout the Fall and Spring Semesters. The Opinion is the student newspaper of the State University of New York School of Law. Copyright 1998 by the Opinion, SBA. Any reproduction of materials herein is strictly prohibited without the express consent of the Editor-In-Chief and piece writer. Submission deadlines for all articles are every Wednesday preceding publication (if it's on disk, you can push it to layout time on Thursday ...no later that 6:00 PM, please). Submissions should be saved in IBM Wordperfect 5.1; please enclose printed copy for safety's sake. Write your box number on your disk if you want it returned. While the Opinion will not print libelous or anonymous material, all submissions shall be printed entirely and exactly (so proofread your materials), provided they are signed submissions from a member of the UB Law community (students, faculty, staff, alumni). The Opinion in no way endorses the viewpoints of its various columnists and contributors. Considering that the Opinion isn't actually a sentient being, it also doesn't think there's anything wrong with any viewpoint expressed in this publication. Vi Veri Veniversum Vivus Vici. "We have a First Amendment and we know how to use it." 2 �Continued from page 2 heard of proportions. To be blunt, this was like fixing a quilt with a piece of barbed wire. While governments, curbed by the 14th Amendment, ceased to be the instruments of bigots and racists (in theory, people, in theory), private citizens lost a component of their autonomy. What was once a device to ensure equal treatment before the law, become a coercive mechanism for nominally equal treat­ ment in the private sector. The self-determinism that our forefa­ thers fought for has become the isolationism militia members build bunkers for. Yes, homosexuals should have all the rights enjoyed by heterosexuals. But while gays get married, adopt children, and become less marginalized members of their communities, bigoted institutions should be allowed to die a slow and painful death. Can't join the Boy Scouts? Start your own. Aren't allowed in the JayCees? Charter a better club. Yes, discrimination is wrong. But forced entry into the dominant paradigm is not the answer, especially when the rights you are fighting for involve the right to live one's life however you wish. Somehow, I think the National Gay and Lesbian Task Force would object to a passel of Pentacostals storming their mem­ bership via the 14th Amendment (or the First). But here is where the schizophrenia really hits home. As a nation, we have taken fair play too far--and it's too late to turn back. Had Dale's case been lost, it would have been a tremendous blow to the Gay civil rights movement. To back down at this stage of the game, this far into the equal protection strategy, would be a damaging retreat. Dark times call for the acceptance of contradiction. Maybe it's time to turn on the lights. WE fJO T A l E T TE RI DearEditor of !he Opinion ... Several students have responded to Adam Perri's invita­ tion to engage in some intellectual horseplay. Unfortunately, no one has come prepared to play rough. While Mr. Perri's article, Images in male, invoked much controversy and hostility from his colleagues, I found nothing morally reprehensible in his message. The first duty of any critic is to show some evidence that they at least understand the message that they are criticizing. Next, the criticism should be based on premises and conclusions that logically flow from one to the next, and should point to the spe­ cific arguments that are flawed in the subject essay. Mr. Perri has been attacked from several angles for writ­ ing his article, but no one has addressed the premises of his argu­ ments. Some have even threatened to use Adam's article to inter­ fere with his future endeavors. Law students are not supposed to refute on another's ideas by chilling the expression of those ideas. Furthermore, the responses to Adam's article did nothing to refute the stereotype that many (not including myself) hold about female scholars. I know that these responses were not representative of the best that some of my female colleagues could have produced. This reminds me of when the little kids wanted to rough house with us bigger kids. Back then we always told cry babies: "Hey kid, I think I hear your mother calling you." Perhaps now it would be more appropriate to say "significant parent figure." --Paul K. Barr, 2L See pg. 9 for one more letter from a big fan of the Opinion from the Lone Star State ... Letters to the Editor should be submitted to box 27, or slipped beneath the door or the Opinion office in the basement. If your letter is more than half a page, kindly include a Wordperfect 5.1 version with the hard copy. All letters must be signed. --S.A. Cole Buffalo Public Interest Law Program's 3rd Annual Silent Auction will be March 27th, at Birge Mansion. TICKETS WILL BE ON SALE 6n front of the library, or with any BPILP membe1 MONDAY, MARCH 16 - FRIDAY MARCH 20th. Tickets are $15/student and $18/public. Price includes open bar, food, and entertainment. Would you like to write THE OPINION? for All submissions due Thursday by 5:00 pm in the Opinion office (in the basement). 3 �ANNOUNCEMENTS The Buffalo Law Review will be hosting a Symposium of Law, Sovereignty, and Tribal Governance: The Iroquois Confederacy on Friday and Saturday, March 20-21, 1998. Admission for students and faulty is free, but advance registration is required. To attend this symposium on legal issues and politics at the center of current confrontations between members of the Iroquois Confederacy and state/federal governments, fill out a registration form in the Law Review office. Continued from page 1 permanent residents." But if those same U.S. citizens are gay or lesbian, they can't sponsor their partners for immigration. "There's no form to fill out. There's no box to check. To the Immigration and Nationalization Service, those two people are absolute strangers," Soloway said. "So you try other things--student status, work status--and ultimately you run out of time, and your partner becomes one of five million illegal aliens in the U.S. Our law tears couples apart. Sometimes partners get deported, and even if they don't, they live in constant fear." Illegal aliens can't vote. They can't have a bank account, a Social Security card, a driver's license, or even a job that pays in anything but cash under the table. Some other nations have changed their laws, Soloway said, including Denmark, Sweden, Norway, Australia, New Zealand, Canada, Belgium, and surprisingly, the United Kingdom. The Lesbian and Gay Immigration Rights Task Force not only helps people struggle with the INS; it also keeps abreast of the law and seeks to change it. Also speaking at the OUTLAW dinner were Dean Barry Boyer of the UB School of Law, Bill Goodman, president of BAHRWNY,and Professor Estelle Lau. Dean Boyer, who is leaving at the end of the year, was presented with a trophy--a lavender closet with a plaque--in recognition of the improved relations between the law school and its gay and lesbian students. Buffalo Public Interest Law Program's 3rd Annual Silent Auction will be March 27th, at Birge Mansion. Tickets will be on sale in front of the library, or with any BPILP member, Monday, March 16-Friday, March 20th. Tickets are $15 for students and $18 for the public. Price includes open bar, food, and entertainment. The Commencement Committee has announced the speaking roster for this Spring's Graduation Ceremony. The honorable Richard Wesley, NYS Court of Appeals, will be serving as the Keynote Speaker; and congratulations to Sean O'Buckley, who was elected student speaker. Tickets for Senior Night at the Pearl Street Brewery can still be purchased from Committee members or Marie in Room 306B. Cutout11,tlflfu,,, to /Jox9S totl1y! ~ ~--------------~-.s u RV E y s A y s ! I (U11,eium ofllf i11f/,1pr11111e1 ol I r,1po,,,i/,/,1dulf/ ~ I I 1(1) Who do you think should replace Barry Boyer as dean of the I ILaw School? I --Joan Dickenson is a free lance writer and journalist-- I I- Someone within the Law School (Please Specify ___ Someone outside the Law School (Please Specify t- 1(2) Do you like the 'new curriculum?' I L Yes _ No I 1(3) Do you think that the Career Development Office does a good Job? I • Yes I ) I ) I I I I I No I(4) Please rate the following aspects of the law school on the H, lo+,Q, Q-, D, F system ... I I-- The Deans The COO 1-- The SBA (Student Bar Association) _ _ The Faculty The Library ~Please leave all surveys in box 95 or at the Opinion office in the ~asement of O'Brian }{all !(Name Optional -- if you want to be quoted) .J ._ 4 _________________ _ �In Defense of ... Images in Male I have to admit relief on reading Petrina Keddell's recent response to my Images in Male column. It was refreshing to see that at least one of the critics of my article had both the discern­ ment to recognize and address the issues my article treated, and the courage to submit her own opinions to public scrutiny. It was also encouraging that at least one of my critics was not content to confine the expression of her disagreement with the opinions I expressed to seething glances in my direction, and muttered com­ ments about me after I have left the room. Although I don't know Ms. Keddell personally, I understand she is from Central New York, which causes me to be optimistic about her sincerity and human decency. Ms. Keddell 's examples in support of her argument serve to crystallize the differences in our views, and I must compliment her with choosing examples that are so germane to the argument. Particularly telling is her contention that sexuality, a human char­ acteristic emblematic of a broader human nature, is socially con­ structed. This is the polar opposite of my belief that sexual identity, including sexual orientation, is a characteristic present at birth that springs from sources which are innate, even if such sources are difficult to identify with certainty. Ms. Keddell articulated her belief quite succinctly: "Sexuality ...is shaped by a variety of individual experiences, preferences, and dislikes[.]" (Emphasis in original). Until quite recently, many doctors and scientists shared Ms. Keddell's view. They also shared the view implicit in her argu­ ment: that because sexuality and the human nature of which it is a part are the product of individual experiences, human exposure to those same individual experiences can be manipulated and con­ trolled to refine and mcorrect elements of human nature that are putatively objectionable (even sexuality). One example from re-· cent American history serves to demonstrate the implications of Ms. Keddell's beliefs: Early in his journalistic career, Mike Wallace reported on an attempt by one psychiatrist to treat what psychiatrists at the time generally considered the socially-constructed "disorder" of homosexuality. This psychiatrist attempted to "correct" homo­ sexual desires in his male patients through aversion therapy. A patient was connected to a device that monitored his thoughts, and homosexual thoughts were rewarded with electric shocks of in­ creasing strength. Readers today will not be surprised to learn that this psychiatrist did not succeed in eliminating homosexual de­ sires in any of his patients. Without dwelling on the horror if this specific procedure, it is enough to point out that the attitude I decry in my article under­ lies the very assumptions that enable such malevolent attempts at social engineering. These assumptions are: a) that one can fathom the intricacies of another human personality; and b) that one can claim for oneself the prerogative to at tempt to alter the makeup of another human personality. Only the most abject slaves to political ideology exhibit arrogance sufficient to find such assumptions plausible. [Some people have misinterpreted my first article on this subject to con­ clude that I was identifying what human nature is. I was not. I was only identifying the sources from which it springs. Human nature ripened into an individual is called a personality, which is suffi­ ciently intricate and individuated to be inscrutable to an outsider. We future attorneys will be certain to emphasize the inexact nature of the discipline of psychiatry should we ever be lucky enough to cross-examine a psychiatrist on the witness stand]. Sadly, Ms. Keddell seems to believe that she and those who share her views are discerning enough to fathom the depths of the human mind, and competent to alter what they find there. I disagree. She evidently believes that her social and political goals are so crucial that she should have the chance to alter the tempera­ ment of her fellow human beings. I disagree. Ms. Keddell seems unperturbed that she shares the underpinnings of her philosophy with fascists, communists, the psychiatrist mentioned above, and inquisitors of every stripe in every age. If my philosophies kept such company, I would want to reconsider my world view. by Adam Perri \.tot1o'RctB'-~ :r '-'.S"r:t:.C.f CF\ LIA "B~C.K~EP~ 1. S E..v E.fJ ,=-'-"~Tl--\€:"R.i:'"~otl\ \-t:X:S O~t:G.t-lf'.fl. s.,-r:\f,IC.£ o tJ $E-)C~~ L. "F{~'{SSr\E.tJi • • • •• , F1N l) ~ Ert\E ti\ ~E.l<J T~~,.- MFt-rT£1tS, so, 1>1: L LY, w NOT o :r. TS iH £ (~DUCT 1)ox"'G :t..T, """'o s Ff-::i>"PR. EC:! AT'E z r I'F -,'ou ~EE --P f':t 0¢ ~wF{'( FR.oM '{oul{ l>A6'(SrTTfRS C~oTCt-1 :CN TH~ Fv..T«Afi!.E. £ C.Ou... l-0 ~Lt. - ::-- 5 �My Spleen I'm somewhat jealous of my fellow columnist, Adam Perri. His column is getting something that mine rarely gets: attention. So I figured, hell, I might as well jump on the bandwagon. A few things occur to me when I read Mr. Perri's various columns. My first reaction to Mr. Perri's column (before the controversial one) was, damn, I'm an idiot. Prior to reading his column, I had believed that I was relatively well educated. I thought my parents had actually gotten their money's worth for my college and secondary educations. Then again, maybe my extra-curricular activities counteracted any educational value my time at that SUNY school south of Rochester had. What really struck me was Mr. Perri's liberal use of footnotes. I don't even like using footnotes when I have to, won't use them if not required, and will certainly never use them in this column. I actually knew some of the works that he cited. I did go to a few English classes in college. Others were just a mystery to me. Mr. Perri must have some sort of background in Russian since he keeps quoting Russians. I took a semester of Russian i~ college, but the extent of my Russian knowledge is one sentence: 1.,l z.0 ,.,._r{v--T E: 1 ~ M...o _"i),'\vv v-- ,i A-°'-.. .1:>.<:. LA.. ( For those of you not conversant in Russian, it means, assuming I've written it correctly, "Excuse me, are these your swimming trunks?" A very useful sentence, I think. Anyways, it strikes me that Mr. Perri is more educated than I am. This, however, doesn't help his writing style. The main reason I didn't understand what he was getting at in his columns is that his writing is very obtuse. Get to the point, I say. I had to read his columns at least twice before I got his messages. I had to bring in someone with a Philosophy degree to understand the controversial one. His sentence length rivals that of the Victorians. They (at least Dickens) were paid by the word, and most people can't stand reading them. This might be why there was allegedly confusion over what Mr. Perri's point was in the controversial column. (You knew I'd get to it sooner or later.) I don't think so. The explanation he gave for his column seems to be written by another person. (I'm not insinuating that he didn't write it.) Take for example, his explanation of the three observations about the "current state of women." Point c) for example. The original: C) that the cultural elite's denigration of marriage, the most reliable guarantor of female financial and emotional security in every human society, have left countless women lonely and overwhelmed, without a man's hand to caress her at night or discipline her children by day. The "explanation:" c) The third observation assumes that in many cases, a mother who does not have a husband or significant other might like to have one someday, and would derive from such relationship happiness, emotional security, greater financial security, and assistance with the myriad duties of child rearing. OK, you see my point. Mr. Perri alleges that we missed 6 the playful tone he employed while writing his column. I don't see anything playful about saying that women need men to survive, both emotionally and financially. Sure we do. What about the women who are hurt emotionally, physically, and financially by men? We know this happens all the time. We see it among our friends and family. I'm not saying that all men are bad. I'm just saying that having a man is not always the key to happiness and security. And what's with that crack about the "comfort leisure and luxury" of the fifties that women experienced, allowing the~ to "concentrate their energies" on child rearing? Have you ever heard of tranquilizers, Mr. Perri? A Jot of women took them in the fifties because they were bored and stuck in bad, UNFULFILLING marriages. The Rolling Stones even wrote a song about it. All right. I'm not going to go on and on about this. You're intelligent people. Draw your own conclusions and make your own decisions, but here's my take on Mr. Perri's subject: I think that in using the term "culturally elite," Mr. Perri means feminists, especially those in academia. I consider myself a feminist, but I certainly don't agree with many of the more liberal and extreme positions that many feminists hold. I believe that ~o~en should be free to make their own choices about working ms1de or outside the home. Often, the "culturally elite" would have us believe that a woman is somehow less of a woman if she does not work outside the home. I think it's her choice to make. Whether or not a woman wants to have a career outside the home is totally up to her. The culturally elite (in many forms) have been shaping society since time immemorial, for better or for worse. I do agree that there are some aspects of human nature that can't be altered. However, the "boys will be boys" attitude is not one of them. Society is in a constant state of flux; in the last hundred years or so, the trend has been toward sexual equality, whatever that means. World War II was the beginning of a lot of women deciding to enter the workplace. At first, it wasn't their choice -­ someone had to do the work while many were at war. After the war, many women didn't want to go back to working inside the home full time. Modern technology made housework less time consuming. Children grow up. Women wanted to better themselves, and their families. It is true that many more women must work outside the home today for financial reasons, but this is not because more women are in the workplace. I'm not an economist, but I believe there are many other factors at work there. Whether we like it or not, society is in the condition in which we find it. There's no turning back. We're out of the kitchen, and not going back if we don't want to. by Kristin Greeley, 3L GENT IEREAdER, I AMA RoboTfRoMA fARoff plANET wl-tosEpEOplE1-tAvE A coNsidERAbly diffERENT sysTEM of pl-tONETics Tl-tAN ANYof Tl-tEIANGUAGES of youR prnplE ,.,. so diffERENT iN fAcTTl-tAT l'M AfRAidif I TOldy9u My REAi NAME, NONE of you would bEAblETOpRONOUNCE iT. So, bEARiNG Tl-tAT iN MiNd, I 1-tAvE bEENAskEdby Tl-tEsTAffof fflE OpiNiONTOSEARCl-t OUTSUGGESTiONS foR A NAMEfoR MysdfffiOMAMONGST fflOSEiNdividuAlsiNTEmGENT ENOUGl-t ~"'-... TOREAdTl-tEOpiNioN. PIEAsEsubMiTANYSUGGESTioNs TO ____ box 6 ~. Tl-tANk ..,;,,;..;.;,,;,,;.,i.;,;;,;,;..;.;.;,;,;;:;.;._ you foR vouRTiME. ___ ___,J �Mor aI A man was hunting in the woods. He took no pleasure in the hunt, but it was his responsibility to bring home to his children something to eat. Surely, he was no vegan. In fact, he knew nothing of the philosophical debate over animal rights that -RECENTLY AVAILABLE­ he would have dismissed as ridiculous. As tofu was not available, WM-50+ seeks SWF 21-30 for good times. meat was his family's primary source of protein. The hunter had to feed his hungry family. Likes late night rendevous in my office, As he crept through the forest, he perceived rustling in secrets between us, McDonalds. some shrubbery. Something was in there. He aimed his weapon P.S. I have my own jet. at the brush and waited. He could not wait too long because night was falling, but he did not know what was in the bushes. "Could P.O. Box 1600 Wash. D.C. Attn: Wild Bill there be a person in there?" he asked himself. As it became darker, the hunter's patience gave way to his fear of going home without the sustenance that his family required. Bang! He launched his shot into the bush. He hear the slug crash into its target. As he raced toward his prey, a sick -SEEKING RESPECT-· feeling overwhelmed him. What had he shot? He wasn't sure WM-50+ seeks SWF 35-40 for lovin ·. that the object in the brush was not a human being, yet he had risked that it was because he perceived his family's need to be Tum ons- grand jury testimony, Starr gazing, greater that the risk he had taken. According to any moral calculus, quick trips to Malibu, gray suits was this risk reasonably within the hunter's realm of rights? Tum-offs-Redacting. Dr. Smith ran a medical clinic for women where she sometimes performed abortions. She took no pleasure in the Show me your subpeona and I'll show you mine. service she provided, but it was her responsibility to offer care to P.O. Box 1776 Wash. D.C. Attn: Big Kenny women that they require to stay healthy and well. Surely, she was not religious. In fact, she know nothing of the philosophical debate over prenatal rights that she would have dismissed as ridiculous. For many of her patients, an abortion is necessary to secure health and prosperity. Some are babies themselves. Tl-t<a Lf.\ vv s~ HOOL ''eooii f,01'£" L OVt:l'j ,, YEAR LO<-M,I(. ~QOM As she probed the girl's (LN.0 CA.I><, 1'10 f/:'RVIC,f: •. AX.A. SAS~fl'r " abdomen, she perceived a mild flutter. Something was in there. She lifter her utensil to start the procedure. She could wait no longer because the second trimester had begun, but she had not discussed with her client the nature of a .c:J c.::i prenatal creature. "Could there be a / person in there?" she asked herself. Any hesitation could force this girl to carry full g term, and result in the birth of an u. unwanted child. Snap! She punctured the amniotic sac. She felt her tool penetrate ,.__4;) Quf" \\·1-f<d, .;.o,.;,.,..«r lolb its target. As she continued, a sick feeling QIIK. t,(:,Aiff/t="vl .,Efp4<-l-ed -ro k +ullf ape,-.,-..,,, oy lO<ll overwhelmed her. What had she Sr" 1)/it{T(O~N.t: destroyed? She wasn't sure that the object in this young girl's womb was not a human being, yet she had risked that it was because she perceived the girl's need as greater than the risk she had taken. According to any moral calculus, was this risk reasonably within the doctor's realm of rights? rl\E , - Paul K. Barr, 2L ... N01'1oyt "°1--1, u.scD Y,JiTHTHt -~AvJl7 LJyJN<,£° 7 ''u;N,£ Otl &VER,y Or-.E1 LE.(S C.-l'tTH.€~ AROUN I) fHt: ~RGTor,PE( NOIU<.11v,,. �.r::~i<..,~ ";·...t••"~~: ..·,···:·.·:: ...<:•:_._,<.-:} me) some sort of ''x•) ·, J ·'. ) : '· .··' ...'·. · ownership. Are parents ,...J. · ill~~::~~:: :!::f:::~ .J!iI!I!lilii!li:i!ir:U~;e:b!:r~:y :)arrangement. Parents are :tmerely guardians. And if )parents are guardians, then \-- 'ii/ti·mt :;,· ANARCHIST DREAM VACATION No doubt to the pleasure of Cole and Ken, I will not be here as this issue undergoes that grueling process that can only be best described as "layout" (my new 4 Jetter word). Of course, I've also no doubt that layout will (for once!) be done the same side of midnight it was started (which leads me to wonder just how much my pathetic sense of humor slows down this newspaper sometimes ...). Still, I wanted to leave you all, my faithful reader ....err...I mean readers with some thoughts to gnaw on (my mom can't be the only one who really reads this stuff, can she? Actually, I also am aware that Petrina Keddell reads this column. I know that because she politely shredded me to itsy bitsy little pieces last week ...and where there's one, there's gotta be dozens and dozens of loyal readers, right? -- ok, lets not get carried away). SELLING BABIES This just occurred to me the other day. I was thinking back to when I lived in McGinnies Hall, at Fredonia State, and I remember that there was some sort of unspoken rule for what seemed like most of the females living in that dorm: In a female's room, there must be displayed some sort of poster with a shirt-less muscle bound guy, clean shaven, holding a tiny little baby in his arm. Another common wall-atrocity was a poster in which two little kids (one boy, one girl), obviously in that 4 or 5 year age ~ange, holding hands and pretending to be adults (or giving an mnocent peck on the cheek, etc ...you know what these posters are like). . Setting aside good taste (even my last girlfriend indulged m these types of posters, owning at lea<;!the first type), I thought to myself "who is giving permission for these kids to be in these advertisements? I thought back to all those TV commercials where it is so popular to place little kids in commercials. So whe~ever I turn on the TV, I am subjected to some commercial written by s~me guy who t~ought that perhaps if I saw some baby exposing his bare ass, I might want to buy a new set of tires from Michelin or I might want to get a certain brand of towels, etc. Its unreal. ' Isn't this ....Child exploitation? OK, before someone lays into me with another attack, hear me out. I have no doubt that the parents who put their kids up for these advertisements and merchandise have nothing but pure pride in their children, and that most (if not almost all) have only the purest intentions. . Regardless, being able to sell someone else's image? There 1s something very disturbing about that (even if it is your own kid). Being able to sell some image or likeness implies (to i · '··'· · ' · · \{i: f owners of their children? If here the notion that when you are selling a child's image like that, you are exploiting a power-relationship that exists between the adult and the dependent child. Of course, I will garner few supporters on this issue. But if you pry past the thought that "parents have nothing but bubbling pride" you will see clearly that I am right. This is nothing but selling your children, without their knowledge or consent. LIES, DAMN LIES, AND GRADES I bet some of you first years are wondering, where your grades are? I suggest the following solution. In true punk D.I.Y. (do it yourself, for those not in the know) fashion, I suggest that you create a small slip, and put the following words on it: "THIS SLIP ENTITIES THE BEARER TO THE GRADE OF AN "H" FOR THIS Cl.ASS, DUE TO THE TARDINESS OF GRADES." Then hand in said slip to the professor who is making you wait. I hate waiting. I still haven't gotten one of my grades either (so it doesn't get any better in second and third year). You gotta wonder what is up with this (though to be fair, at least my professor did hang up a note saying that grades would be late). . . (To avoid my being expelled for encouraging illegal activity, the above suggestion is a JOKE.) MUSIC Finally, here's a subject I can relate to. I bet a lot of you who are into pop culture music must really dig that song "Tubthumping" by Chumbawumba. Did you know that they used to be a punk anarchist band? Now they just write cheesy dance music. Did you know that they used to be extremely outspoken against EMI? Now they are on an EMI label. EMI has been involved, to the best of my knowledge, in the weapons industry. You don't preach anti-war and have your band on the same label that an arms dealer owns. Of course, I listen to stuff like the Subhumans, Crass, the UK Subs -- stuff that most readers of this column have probably never heard of, except from me. I think most modem music sucks anyway. But that's just me, and my idea of a good modern band is Citizen Fish. RERUN RETURNS Well, that's about all the creativity I am going io squeeze out of me. When this paper goes to l*y**t, I will probably be in ~oston, or on my way there, fantasizing deeply about the printer m the office (inside joke). Meanwhile, I hope everyone had a great break, and that we can restart the revolution next week! ANOK4U2. by Russ Klein 8 .__~~------------------------....i. t �NOTA PAIDADVERTISEMENT ... a ResponsefromtheDepthsof theInternet l1f3t!.J @li1"!JJ@l1 lJ;_i TheFirstNovelin an ExcitingNewSeries by Jack Cohen UCH fOR11 "I asked Sue la leave the bedroom light on for our love­ making. Sue said she would be embarraned presenting herself to a man naked upon their first encounter. I responded by saying that our eyes would not have to m~ke contact if she placed o pillow over her face while ly1n9 naked upon the bed." In Reach For II, the author's erotic toles depict a sago complo10 with desire, seduction, and intrigue. Sex and society's desire for tho enforce­ ment of justice illuminate his work. About the Author Jock Cohen was born in Philadelphia, Pennsylvania. He has read and observed enough of life to write in a unique and ind?pendont styl_o 1-tis ability to separate romantic affairs from one another in a series ot chol­ lenges titles him as .dangerously magnificent. Feb.23,1998 , ~ .-To: Opinion; From: (Editor) Jack :tRRl Cohen Box 198-T LaFeria,TX JackCohen My Fellow Law Students: You may notice a slightly more playful air about this issue. Well, it was our Spring Break, too, and we wanted to present you with something fun to welcome you back from a vacation no doubt spent catching up on all the classes you've been skipping. Actually, that's only part of it. You see, we recently received some mail here at the Opinion that we don't know quite what to make of Rather that relate the story for you, we have reproducedthe submissions we received in full (although we shrunk then to fit on one page ...you can only take a joke so far). Since the Opinion belongs to all of us, we figured you should not be denied the chance to peek in on the "dangerously magnificent" chance to buy some porn. I especially enjoyed how the author managed to relate his work to our collective field of study. This is what you get for putting your publication on the Internet. Su':,: Attorneys are enforcement. http:/vvv.vsaor.net/dorrance/ Barnes & Noble.com. 795 59 a p ar t o f h t e Justice syste~,i,e, lav fdtZ- Book distributors: Baker and Taylor Books Ingram Book Group PS This book because of its s . from page one to its ea· k1llful r tell disappoint you. n ing,and LaFeria,Tx 78559 momentum should be you that this bookd;f;~t~~t The Opinion in no way endones the reading materials offered by Mr. Cohen. We publish Mr. Cohen's letter and promotion material solely for informational purposes. In addition, certain memben of the Opinion's staff found Mr. Cohen's materials humorous. We were also pleased to see evidence that passion for law enforcement and justice is alive and well, although, as in this case, not in the fonn you might expect it. 9 �Editor's Note: My fellow students, Gene told me that he wrote the following works of art whilst suffering from law-school induced insomnia. Now. I know there are others of you out there who can't sleep at night for fear of the Grat Tran class that awaits you. So why sweat it out alone? Use that time to write some Law School Songs of Innocence and share your suffering with the rest of the legal world! And remember: your stuff may not be as funny as Gene's, but he commutes to school and has a family. He may be under more pressure than you. That's okay. Bring your stuff in anyway. We'll give you a funny headline and you 'LLbe on your way. Hickery dickery Bill Impeachment takes place on the hill The clock struck one What would have have taught a son Hickery dickery Bill Hicker dickery Ken I won't testify again The clock struck three Let Whitewater be Hickery dickery Ken Wow, now I'm sure oral sex withyout your spouse is adultery .... New Gingrich--Speaker of the House/Missing since 1996 Curl up wihth this book and a bowl of potatoe chips, you'll read it cover to cover but the pages in the middle could slow you down .... Dan Quayle--Former Vice President (come on, you must remember) Goes great with a smoke, pipe or cigarette, it doesn't matter which ... Jessie Helms--Senator/Curmudgeon ESCERPT FROM HILLARY CLINT'S NEW BOOK OF CHILDREN'S RHYMES "IT TAKES A DUMPTRUCK" Hickery dickery Hillary For my past I'm being pilloried The clock struck two Records reveal nothing new Hickery dickery Hillary BACK COVER ENDORSEMENTS FOR BILL BENNETT'S BOOK OF VIRTIJES VOLUME TEN Every bit as good as my books and newletter which you can order by calling 1-800-GET-RUSH .... Rush Limbaugh--Entertainer/Entrepeneur Hop ethe movie is as good as the book ...can't wait to review it. Michael Medved--Conservative Mouthpeice/Movie Critic One, two Put on your pants and shoe Three, four, Lock the oval office door Five, six Interns make lousy picks Seven, eight Never a second date Nine, ten There he goes again. It changed my life, can't remember what it said but I use it as a coaster for my whiskey rocks and presto no more unsightly rings. Boy the new wife get pissed about those rings. Hey!!! am I rambling? Let's get the hell out of here, I have a committee meeting, ahh, forget it, let's have one more.... Ted Kennedy--Senator/Famous uncle This amusing political satire and the ads feautured on page 7 were brought to you by Gene Klindienst. EXCERPTS FROM THE FORWARD TO BILL BENNETT'S NEWEST "BOOK OF VIRTIJES VOLUME TEN" PENNED BY HIS GOOD FRIEND, THE HONORABLE JUDGE KENNETH STARR . Translation of our Latin motto: fl Ja, wir haben keine Bananen fl .. .Imagine a man in Washington D.C. with almost unlimited power, conducting his business behind closed doors, leaking what he wants believed, obsessed with sex and taking advantage of his power to get people to do his bidding. The man feels he is not accountable to the press, intimidates, and manipulates the law to his own ends. People fear he will use his power to make it appear they say things they don't really mean. Thus to sooth those fears, he offers to help them out of their troubles, only if they can help him maintain his image, legacy if you will. That's a man lacking in virtue and that is why I take my job as special prosecuotr so seriously. I make it my business to see to it that people like those are not allowed to represent theAmerican people's interest. That's the kind of virute you can find in my good friend Bill Bennett's book. He is every bit as dedicated to virtue as I am. I have no doubt Bill brings as much effort to writing this book as he did to being the drug czar, you have my word on it. All submissions due Thursday by 5:00 pm in the Opinion office (in the basement). ._. - .... -----· ----Si <http://wings.buffalo.edu/law/opinion> 10 � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Opinion, 1998-03-16 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. The Opinion no. 10 16.03.1998 Date Issued Date of formal issuance (e.g., publication) of the resource. 3/16/1998 Bibliographic Citation A bibliographic reference for the resource. Recommended practice is to include sufficient bibliographic detail to identify the resource as unambiguously as possible. 38 10 Publisher An entity responsible for making the resource available University of Buffalo State University of New York at Buffalo Law School Language A language of the resource eng Type The nature or genre of the resource Newspapers Text Is Part Of A related resource in which the described resource is physically or logically included. LIB-LAW003 Rights Information about rights held in and over the resource <a href="https://rightsstatements.org/page/CNE/1.0/">COPYRIGHT NOT EVALUATED</a>. The copyright and related rights status of this Item has not been evaluated. Please refer to the organization that has made the Item available for more information. You are free to use this Item in any way that is permitted by the copyright and related rights legislation that applies to your use. This digital collection is made available for research and educational purposes. Researchers are responsible for determining copyright status, and securing permissions for use and publication of any material. Copyright for items in this collection may be held by the creators, their heirs, or assigns. Researchers are required to obtain written permission from copyright holders and the University Archives prior to reproducing or publishing materials, including images and quotations. For inquiries about reproduction requests and permissions, please contact the <a href="http://library.buffalo.edu/archives/">University Archives</a>. If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/6ad6e0111fc6da21124d416bfded3688.pdf 9b31ada28e8a406e717414764d41a0c7 PDF Text Text OPINION "Vi veri veniversum vivus vici." Vol. 38, No.lo 3.2.98 Loan Forgiveness Progam Sought more in student loans than in rent. That is absurd." According to the 1995 employment statistics supplied by the CDO, those employed in the public interest earned on average $28, 726 per year with some earning as little as $13, 500. The highest wage reported for public interest work was $36,400. The UB Law average was $36,240. Now some students who desire to work in the public interest are calling on UB Law to implement a loan forgiveness program. As it is envisioned, the program will help defray what is seen as by Sol Sandberg Not long ago students who aim to work in the public interest : were treated with the following In a survey by National Jurist magazine Yale was found to be the best law school in the country when it comes to law school public interest programs followed in second place by the State University of New York. What amazed one public interest-minded student this semester was why UB Law- a top rated public interest school- did not have a loan forgivness program. In a letter circulated to other students who plan to work in the public interest, she wrote, "Many of the top schools pay back AT LEAST a portion of student loans if you graduate and take a job doing public interest work. Its like leading lambs to slaughter, in a way. Many of us will be paying the substantial cost of law school, especially with the tuition hikes in recent years, and make the option of pursuing a career in the public interest less prohibitive. One of leaders and spokesmen in this effort is Nelson Mar, a second year law student interested in Continued on page 4 Law Student Wins Fellowship to Help the Homeless Lewdness in the Law Library by Sol Sandberg by Sol Sandberg On February 19 at about 7:18 pm, according to the Department of Public Safety, a UB student was reported to the police for masturbating on the third floor of the law library. The student was handcuffed and charged with public lewdness. It was not clear whether the student was a law student. David Hawkins a 1Lreacted in this way upon learning of the incident. "A person's sexual proclivities or tendencies-I have nothing against that but when you exhibit these tendencies in public you might be offending someone else. Maybe you need to go to the bathroom or use a carrel." Public Safety said that the student in question would be directed to appear in Amherst court. Corinne Carey, a UB Law 3L, has won a two-year fellowship from the Center on Crime, Communities, and Culture. The Center is a project of the Open Society Institute, an organization funded by a billionaire of Hungarian origin, George Soros. As a fellow Ms. Carey will beassociated with Housing Works, an organization which she described as the largest provider nationally ofservices to homeless people who are HIV positive and their families. At Housing Works, Ms. Carey will be working on the Legal Harm Reduction Project, a project which she designed to deal with the legal issues facing homeless drug users who are HIV positive. According to Ms. Carey, a good example of a harm reduction project is the needle exchange program, where the position adopted is that people will use drugs, and the question is asked: how can we reduce the harm to themselves , families, and communities because of their drug use? Ms.Carey explained that she will be looking at the intersection of civil and criminal penalties that government imposes on Continued on page 4 Inside the Opinion... Letters to the Editor Megan's Law Face-Off Library Top Ten List Plus news, columns, pictures, cartoons, and a yet unnamedrobot... 1 3 7 10 �Editorial: Selling Ourselves Believe it or not, last week's New York Times actually brought us a few articles about body parts doing something other than making a mess on the floor of the oval office. Tuesday's Times reported that two Chinese prison officials, masquerading as doctors, had been caught in New York trying to sell the organs of executed inmates. Wednesday's edition, researching an ethically more uncertain area, bore this headline: Soaring Price ofDonor Eggs Sets Off Debate. Both articles delved into the ethical complications of their respective topics (not that finding the ethical problem in raffling off an executed shoplifter's lung is particularly tricky). The scope of the articles, did not reach quite as far as I would have liked, however, so I would like to widen it a bit. Let's start with an admission: the commodification of flesh is as common in our society as...well, the food we eat. We eat animals, we experiment on animals, we wear them, breed them, and ride them. This is not intended as sweeping social criticism; I have, on occasion, been know to buy shampoo without the animal-safe eco-bunny on it—and I probably used it to wash my hair just before abusing my colon with buffalo wings at the Anchor Bar. On the other hand, I learned in the first grade that "humans are animals, too." One could follow the logic trail and say that human flesh-especially of a person condemned to die-is just an- other commodity. Of course, who's going to listen to that? Humanity, through the power of philosophy, science, and superior technology, has for the most managed to reason itself off the plate. Black marketeers, infertile women, and the terminally ill have managed to put it back on, however. With transplant technology getting easier (and sentencing in China getting harder), the prices for body parts and products have gone up, while the danger of Editor in Chief S.A. Cole many procedures has gone down. Despite an extensive and dedicated volunteer organ donation network, those who can afford to survive at any cost are doing just that. After all, why sit around, hoping some guy on motorcycle bites the dust, when you can call China and have them execute a non-smoking counterfeiter (1 am not kidding) just for you? Having evoked "animal rights," now let me leave them by the wayside, with one final comment: subconsciously, is a ham that different from a heart? We breed animals, flesh, to create sustenance that helps us survive. Those in dire need-like someone with a defective heart-need a different kind of flesh to survive. But it is survival. From a certain point of view (and one endorsed no further than the point of speculation), the analogy isn't that far off. How many people have met their heart "donor"? How difficult could it be to justview him as another animal slaughtered that you might survive? Life-threatening situations often pervert one's ethics. Those who have real donors-the kind of people who fill in the back of their driver's license with orders to eviscerate at the moment of death-must feel a deep gratitude to the people who helped them survive. In fact, it probably gives them an increased sense of humanity. On the other hand, those who never hear about their "donors"—people killed for profit and utility—might find it easy to shrug away moral queasiness in light of twenty or so extra years of life. From this context, we approach area of human parts and products "donation." Starting with the most obvious, let's look at blood. Blood replenishes, is easily extracted in usable quantities...must Continued on page 11 Staff: Columnist Graphics and Layout Editor Business Manager Managing Editor I Managing Editor II Op/Ed Editor News Editor Ken Grant Dan Baich Cindy Huang Joe Huang News Reporter Kristin Greeley Columnist Kevin Hsi Randy Janis Columnist Katie McDowell Russ Klein Sol Sandberg Columnist Photographer Adam Perri Ken Grant The Opinion, SUNY at BuffaloAmherst campus, 7 JohnLord O'Brian Hall, Buffalo, New York 14260,(716) 645-2147, is published weekly throughout the Fall and Spring Semesters. The Opinion is the student newspaper of the State University of New York School of Law. Copyright 1998 by the Opinion, SBA. Any reproduction of materials herein is strictly prohibited without the express consent of the Editor-in-Chief and piece writer. Submission deadlinesfor all articles are every Wednesday preceding publication (if it's on disk, you can push it to layout time on Thursday...no later that 6:00 PM, please). Submissions should behaved in IBMWordperfect 5.1; please enclose printed copy for safety's sake. Write your box number on your disk if you want it returned. While the Opinion will not print libelous or anonymous material, all submissions shall be printed entirely and exactly (so proofread your materials), provided they are signed submissions from a member of the UB Law community (students, faculty, staff, alumni). The Opinion in no way endorses the viewpoints of its various columnists and contributors. Considering that the Opinion isn't actually a sentientbeing, it also doesn't think there's anything wrong with any viewpoint expressed in this publication. VI Veri Veniversum Vivus Vici. "We have a First Amendment and we know how to use it." 2 �WE GOT A LETTER! Pear Editor of the Opinion... I would like to voice my overall dismay regarding the not-so-subtle misogyny rippling throughout recent Opinion articles-namely that of Adam Perri's "Images in Male" and his subsequent "clarification" of said piece, as well as Russ Klein's "Playing Your Part." In doing so, I am not imploring you to discontinue publishing such articles. I simply wish for the opportunity to express my outrage and the reasons for it. My principal objection with these articles is that both are penned by men who purport to address: (a) how women feel and think; and (b) how women should feel and think. The most appropriate response to what both authors seek to espouse can best be accomplished by mimicking my greatgrandmother, a feisty old Irishwoman who would bellow a hearty "BULLSHIT!" at the person seeking to unload a thinly disguised pile of verbal manure on her. In response to Mr. Perri's unnecessarily pedantic "Images In Male," I believe references from a panoply of other sources (be they Roman, English, et al.) may better bring to life the illusion of innate "masculinity" Mr. Perri labors so desperately to prove via citation from graffiti on a Pompeii wall. For all we know, the graffiti artist quoted could very well have been a mischievous concubine adopting the "deliberately provocative" and "playfully inflammatory" tone self-proclaimedly used by Mr. Perri-a Roman version of the very sort of sexually liberated, modern-day career gal which he so snidely derides. After all, as Mr. Perri takes care to point out, such vulgar terms are invariably considered all the more shocking when expressed by a woman. Contrary to Mr. Perri's belief, the resultant shock and dismay from a woman's use of vulgarities cannot be attributed to "human nature" and the supposition that women need to be shielded from such terms, for there more likely existed scores of women resemblant of Madonna or Foxy Brown who sought to express themselves and their sexualities in a most unladylike fashion throughout history (including Roman times). Unfortunately, their voices were largely silenced by those who felt, as Adam Perri apparently does, that such expressions were made contrary to their natures and therefore not fit to be seen, heard, or printed. For many ofthese women, exercising their freedom ofexpression meant taking a male pseudonym or simply keeping their thoughts restricted to journals or letters sent to kindred spirits. According to Mr. Perri, human nature is innate "by default." As anyone who's ever competed can tell you, a win by default is not a true victory at all. Rather, the mythical concept of "human nature" is far too broad in scope to classify every aspect of our behavior as determined by whether one was born with a penis or vagina. To do so would give credence to the "boys will be boys" philosophy used as a means of explaining away gang rape or other particularly vicious act of violence when perpetrated by men. More likely, certain aspects ofwhat theorists label as "human nature" are socially constructed, while others are arguably innate. Sexuality (whether it be the coarse and vulgar "male" type identified by Mr. Perri, or the impliedly softer, more restrained "female" type) is shaped by a variety of individual experiences, preferences and dislikes as unique as the human being who possesses these things. Indeed, as any successful porn producer can attest to, one person's wet dream is another one's nightmare. Strip away the twenty-five cent words from Mr. Perri's writings and the sentiments remaining are more akin to those expressed by an ignorant disciple of Jerry (Falwell or Springer), rather than that of a reasoned man or woman of any age. The overall tone and content ofthis article left me with the same slightly nauseous feeling I'd get during first-year lectures in which a few self-aggrandizing classmates, perhaps due to the fact that their egos dwarfed theirintellectual capacities, would see fit to regale a packed classroom with highlights oftheir professional qualifications while attempting to answer a question by a professor on any given issue. The best thing that could be said about Russ Klein's most recent Anarchist piece would be that, in caparison to Adam Perri's work, it was commendably readable. As a feminist who is also a vocal proponent of the concept of personal responsibility, I make it and have always made it a point to recognize women's (and indeed men's) complicity in their own undoing when it exists. However, I beg to differ withMr. Klein's assertion that such complicity occurs by mere virtue of the fact that a woman wears lipstick. Wearing cosmetics does not give others license to objectify or exploit the woman who chooses to do so, nor is it, as Mr. Klein suggests, indicative of a heightened degree of vanity. Even as a woman, I cannot rightfully or accurately explain why any woman chooses to wear, or not to wear, cosmetics. I believe each woman's (indeed, each person's) mind is far too individualized to do so. So I cannot begin to fathom where Mr. Klein has obtained his keen knowledge of the female mind and the unmitigated gall displayed in his act of relaying what he believes are the innermost thoughts of the female mind. Speaking from my own experience, cosmetics are tools which may be used to express individuality (much like, oh let's say a cap emblazoned with the name of one's favorite musical group) as well as to celebrate femininity. Time permitting, I apply them whether I'm off to lunch with a group consisting solely of other females or on my way to a club or bar filled with members of the allegedly "coarser" sex. Regardless of the situation, I do not apply them, as suggested by Mr. Klein, to capture the attention of a would-be Adam to my Eve. Whether originating from the mouth of a man or woman, I greatly resent the notion that in order to truly earn the title of feminist, I must behave in a certain fashion (i.e. by becoming a lesbian, discontinuing shaving, wearing combat boots, or throwing away my entire collection of nail polish and make-up). To me, feminism is about increased options in the way I lead my life and the freedom to choose between them without having my choices placed under an overly scrutinous and unforgiving microscope (such as those used by Perri and Klein). Both pieces are riddled with assumptions. Mr. Perri assumes that women would do well to look to marriage as a means of obtaining "happiness, emotional security, greater financial security and assistance with the myriad duties of child-rearing." Continued on page 4 Would you like to write for THE OPINION! All submissions due Thursday by 5:00 pm in the Opinion office (in the basement). Continued on top ofright column 3 �NEWS Loan Forgiveness Program.. Continued from page 1 the labor field. Mar says that working in the public interest is important because in our society there is no equal access to legal services. Yet, those seeking to remedy the situation through public interest employment are required to pursue overworked and underpaid posi- tions. With cut backs in funding, opportunities for persons who wish to serve in the public interest are even less and as a consequence public interest advocacy is understaffed. Mar does not deny that the school, in some ways, does support public interest work. He lists the variety of clinics servicing the public interest such as the Domestic Violence Clinic, the Community Economic Development, and the Affordable Housing Clinic. Mar acknowledges that the main concern of the administration in implementing a loan forgiveness program is cost but he argues that it is not an adequate solution or adequate response because there are ways the program can be organized and developed that would be inexpensive. He explains that there is enough experience between the law faculty and alumni to come up with a concrete way of setting up the program that would be cost effective. Moreover, he believes a loan forgiveness program will attract better students to our school. And he says that many schools which are strong in the public interest field have loan forgiveness programs-schools like NYU, Fordham, and Georgtown. Currently, students like Mr. Mar who seek a loan forgiveness program do not have a concrete proposal but they are getting resources together from other law schools and NAPIL. A meeting is planned for this Tuesday at 2:45 for students who want to get involved with the effort. Dear Editor of the Opinion... Continued from page 3 Mr. Klein appears to assume that women who wear make-up do so in order to catch (at least) the eye of a possibly marriageable man, and in doing so, play an integral role in their own objectification. I wonder if either are familiar withthe old adage about assumptions, for in writing both these articles both have managed to make asses of themselves as well as the handful of those who subscribe to their beliefs. Petrina Keddell, 3L Editor's response: Although apparently not made clear in my column, the idea was to examine some (an obviously limited number) women who do things (despite their own desires for what they may or may not want) for 'their man' or to attract a man. The idea was to show this limited group as perhaps still 'playing their part' in society where it seems that men still dominate, and the true goal of mainstream feminism (equality of the sexes) has regrettably not been achieved. Make-up was only a small subissue (used as an example out ofmy friend's conversation). I was hoping to introduce the notion that perhaps some women are unwittingly acting to their own detriment, and to the detriment of feminism and the status of women in society not because of what they do, but because ofthe possible subconscious reason that they do it. -Russ Klein . Letters to the Editor should be delivered to the Opinion's basement office or to box 95 or 27 (your choice). Law Student Wins... Continued from page 1 what has been called the "War On Drugs"- the government effort to reduce and/or eliminate the production, spread, and use of illegal drugs. George Soros, the sponsor of the fellowship, has been a center of controversy in recent times for his alleged involvement in the currency crises in South East Asia. Prime Minister Mahathir of Malaysia said this in connection with his role in the Asian economic crisis "We have worked 30 to 40 years to develop our countries to this level, but along comes a man with a few billion dollars, and who in a period of just two weeks, has done much of the work that we have done." Despite the controversies surrounding his currency dealing, Soros has also been known, through his Open Society Foundation as a great philanthropist funding, according to NBC, "democratic" movements in Eastern Europe, human rights in Sarejevo, democracy rights in Burma and immigrantrights in America, needle exchange programs for drug addicts and campaigns to decriminalize marijuana. Ms. Carey said that George Soros was interested in her project because, "Soros is always interested in looking at innovative approaches to really complex problems that face people through the world and I think, in this case, the foundation was interested in my project because it was an acknowledgement that you can't just throw away a whole segment of the population." Asked if she was embarassed toreceive money from George Soros, Ms Carey replied, "I am far from being embarassed. I am proud. He does amazing and courageous work with his money and I am honored to have my name associated with his." She added, "He gives more money to developing nations than the US." Environmental Moot Court Competition by Sol Sandberg UB Law participated in the National Environmental Moot Court Competition held February 19, 20, 21 at Pace University in White Plains, New York. The school's participation was sponsored by the Buffalo Environmental Law Society and the Environmental Colloquium. Competitors were Jonh Orlowsky 2L(JD/MBA) and Marc Romanowsky, 2L. The coach was Professor Errol Meidinger. The issue argued: Whether the Migratory Bird Treaty Act of 1988 prevents clearcutting of National forests when such clearcutting would result in the direct or indirect deaths of migratory birds. Seventy-five schools were represented at the competition. The UB team competed in the first round against three teams. The combined oral and written score determined if they made it to quarter final and final round. The results of the competition were not available in time for inclusion in this issue. O the Law. 4 �LEGABRIEFS ANNOUNCEMENTS "Donnie Brasco" to Speak at UB on March 27 Joe Pistone, the FBI agent who infiltrated the Bonanno crime family in New York City as jewel thief"Donnie Brasco," will speak at 8 p.m. on Friday, March 27, in the Center for the Arts. Tickets will $3 and $5 for students, and $8 and $10 for the general public. Law Professor Attacks Fear of Feminism Professor McCluskey, an associate professor at the law school, has strongly criticized allegations that pro-feminist press bias produces a sense of victimization in women whose lot has improved dramatically in the past 30 years. Media. Feminism, and the Law, a new book edited by McCluskey and Martha T Fineman, a professor at Columbia Law, explores several popular redefinitions of feminism. The book has 23 contributors, and explores how lawyers, courts and legislatures, together with the popular media, have produces myriad changes in women's lives, for good or ill. Nine Groups to Hold Sale A coalition of groups made up of AALSA,AWLS, BLSA, Circles, DVTF, LALSA, NALSA, Outlaw and Solar will be holding a sale on March 17, from 11-2 in front of the library. All proceeds will go to the above 9 groups. BAR/ BRI donated the money for the t-shirts that will be sold. Sex Shop Appeal Shot Down The New York Court of Appeals has upheld the constitutionality of zoning laws designed to reduce and scatter the clusters of sex shops operating throughout New York City. Over one hundred "adult" stores throughout the city united in a first amendment appeal to combat laws that prevent them from operating within 500 feet of one another. The appeal failed to convince a judge that the laws defacto inhibited the store owners' freedom of speech. The city anticipates the shut down of over 100 stores. Federal Judges Finally Confirmed? Reacting to a critical comment by Chief Justice Rehnquist, the Senate has begun to move on approving President Clinton's long list of federal judges. A ten percent vacancy rate has arisen while the partisan politics blocking the confirmation ofthe judges, with ethics and concern over "activism," have prevent the rejection or approval of those on the list. Credit Unions Reigned In Vacating a 16-year-old policy to let credit unions accept millions of new membership from outside the accepted bounds of their membership pools, the U.S. Supreme Court has declared that the tax-free organizations must begin limiting their members. In a 5-4 decision, the Court found that Credit Unions' federal tax-free status is a benefit they must not abuse by subverting business from banks. It is predicted that millions of credit union members will lose their memberships. Lawyers Vulnerable to Suit for SEC Filings A unanimous decision by the 3d U.S. Circuit Court of Appeals has ruled that lawyers can be sued for clients' misstatements or omissions in securities filing. Klein v. Boyd, 97-1143, says that a lawyer who helps craft a client's fraudulent document is vulnerable under Section 10(b) of the Securities Exchange Act of 1934. BPILP Tickets for Buffalo Public Interest Law Program's annual auction will go on sale this week. Cost is $15 per ticket. See your local friendly BPILP representative for more information. Tennessee Dickenson, an organizer of last week's Outlaw extravaganza 5 �Economic Justice: Forgotten Social Aspiration A The struggle for economic justice in our American history had cost many lives and limbs. At the beginning of the century, workers at auto plants and the mining industry marched in frontof guns and clubs with just theirtired bodies lo fight for better wages and working conditions. Today, we are slipping back to conditions these workers fought with theirlives to eliminate. And wages are falling far below a living wage, yet the American public are silent. Then the most blatant blow against economic justicecame from our own government in 1996. Our president wrote away Aid to Families with Dependent Children, a safety net for single mothers with children living in poverty, and imposed workfare as a condition for benefits. Even from a capitalist perspective, workfare as a condition for public benefits defy the economic reason behind the creation of our welfare system. Our welfare system was created in the 1950sbased on therealization that there are not enough jobs to employ all the working people. That men over the age of 65 should retire and there should be public benefits to encourage some to stay home so that younger people can find meaningful work with reasonable pay rather thanpay so low that it is impossible for a family to live on due to the competition for scarce jobs. Also, this country was concerned about the lowered consumption due to low wages. Thus, the public benefit system was created for the health of this economy. With workfare, public benefit recipients who are mainly single mothers with children are injected into the labor force as free labor for for-profit — Roy) l_Hu? STUDEA/7S f fIT Lr N^Gr businesses, non-profit organizations, and government agencies. These single mothers are forced to take jobsaway from the working poor at low skilled jobs. Their children are left unattended or to fend for themselves. The consequences are predictable: workfare workers as free labor will flood the low wage sector and further depress the already low wages. People who are poor will be poorer. So what is illustrated by this new Welfare Reform Act is that economic justice is a social aspiration forgotten or ignored. As a moral member of society, the questions we ought to be asking are: Why is there an attack on single mothers with children on public benefits? Why are people in need of public benefits? Is forcing people to work theway to eliminatethe need for public assistance? Is forcing single mothers to work while leaving their children unattended the soluciton to our nation's problem of having too many poor people qualified for public benefits? OR is thislaw another irrational political vehicle for the attainment of power and fame by our beloved politicians? Are American people so ignorant that welfare reform was actually "popular"? At what expense and at whose expense are we riding this workfare scheme? Singlemothers? Children? The working poor? What we ought to be talking about is a living wage. The term "economic justice" needs to be put back in our vocabulary as we talk about social policies. A Workfare Project has been created in your law school by Joane Wong, co-coordinator of the Labor and Employment Law Association. Let's make a difference together. by Joane Wong you agree with the Statement of Principles below, please If sign the form below and return to box 203 Community Statement of Principles of Fair Work for Workfare As the result of welfare reform, many welfare recipients will be required to "work off" their benefits, a practice commonly called workfare. Like working people who depend on their wages, workfare participants depend on their benefits to feed and clothe their families, to provide for their medical needs, and to put a roof over their heads. They must be treated fairly, and with the dignity and respect that all working people deserve. As concerned religious, civic, labor and community leaders, we recognize that the main purpose of workfare is to give welfare recipients the skills and training that lead to permanent employment. We also recognize, however, that in the past, workfare has led to permanent jobs for only a precious few. We hope to see workfare meet its goal of moving people from welfare to permanent jobs that pay a living wage. Therefore, for workfare to be effective, both for the individual and the communiry-at- large, we call for the enactment of the following principles: 1. In recognition of the historic struggle for decent and humane working conditions in this country, workfare participants are entitled to all rights currendy enjoyed by public and private employees in the United States. 2. Workfare participants may never be used to replace or displace working people earning a wage. 3. As required by New York State law, before assigning a person to workfare, the Department of Social Services must first try to find employment in the private sector. 4. Workfare involves mutual obligations among workfare participants, the Department of Social Services and the worksite employer. Participants are responsible for striving to acquire the skills necessary for full-time employment. The Department of Social Services must meet its legal obligation of developing an employment plan for each welfare recipient so that workfare leads to a job, not to continued dependence on welfare; such an employment plan must provide for the training needed to secure permanent employment. The employer must commit to providing training and skills needed to do the job successfully. 5. Before placing a recipient in workfare, the worksite must develop an actual job description for the placement, and a pledge that workfare participants will be considered for any future job openings. Signature Date Organization 6 �ANARCHIST THE iy4- There is no viewpoint that is more misconceived by the public than Anarchy. Sure, most people don't seem to have a firm grasp on what it means to be a Republican or a Democrat, liberal or conservative, libertarian, socialist, etc. But there tends to be an almost universal misunderstanding what the label "anarchist" means. According to Webster's New World Dictionary, second edition, Anarchy is defined as: "(1) the complete absence college of government." I stop here with the first definition to interject that this is the closest to accurate that this dictionary comes. Next, are "(2) political disorder and violence; lawlessness.. .(3) disorder in any sphere of activity" (page 50). But wait, it gets worse. Roget's International Thesaurus, 3rd edition, lists, amongst the variations ofthe word"anarchy" the following: revolutionist, nihilist, radical, lawlessness, radical, confusion. It is quite disheartening that such esteemed reference guides can be so misinformed as to the accurate meanings of words, the second Webster's definition is not anarchy, it is chaos and disorder ~ the two concepts are NOT synonymous with one another. The same applies to Webster's 3rd definition - disorder is not synonymous with anarchy. As for Roget's, (1) revolution does not mean anarchy - I would hardly call the American Revolution, Bolshevik Revolution, or the English Glorious Revolution "anarchistic revolutions." Nihilism is a belief that there is no foundation for truth, and no real right or wrong nearly every anarchist I personally know and have talked to believe in 'right and wrong' just not the way some of us do. Lawlessness is close, but is not synonymous with anarchy. Radical ha! Stalin was an anarchist? You think that the Army of God, blowing up abortion clinics and gay-lesbian nightclubs, are closet anarchists? Confusion - is not synonymous with anarchy. It is important to point these things out, since the media tries oh so hard to paint any disorder as being anarchy. The Rodney King riots in LA were labeled as anarchy. The chaos and murder in Rwanda was labeled as anarchy. Any kind of disorder is labeled as anarchist. Of course, what the media didn't report was that there was still law in place. So these people were acting lawless, and the society was chaotic. But does that make it anarchistic? I don't think 50... Besides, I believe violence is incompatible with the survival of an anarchistic society (by now I suspect many of you are rolling your eyes, but you will understand as you read on). — - - All submissions due Thursday by 5:00 pm in the Opinion office (in the basement). >k ■. _ So by now, you are wondering "OK, so you don't think we know what anarchy is. Why don't you tell us, tough guy?" First ofall, there is no one system that isanarchy. Different people have different ideas. The common thread among all anarchists is a belief that their should be no hierarchy and there should be no government. However, the "society" that emerges from this belief can be wildly different. There are anarcho-capitalists, anarcho- syndicalists, anarcho-socialists, anarcho-communists, etc. The anarchist spectrum is as diverse as the conventional liberalconservative spectrum we are all used to. Even worse, there is a wide variety of debate within the anarchist various groups. Many anarchists refuse to recognize other anarchist variations as being true anarchists (probably in the same way that members of the far right wouldn't consider any person who supported abortion rights as being a true Republican or conservative). The most ostracized group within the anarchist community is the anarcho-capitalists. The reasoning is, that since anarchy is supposed to be about eliminating hierarchy and control, then anarcho-capitalists leave an extraordinarily powerful regime of corporations in place, and thus leave in a layer of hierarchy in place (which some would argue is as powerful, ifnot more powerful, than the government). Along the same lines, most anarchists reject religion (although I've learned that many of them do not have a problem withindividual spirituality, which leads me to believe that their problem lies overall ~ besides a personal disbelief in God — with the nature of organized religion, and how it has controlled and operated within Western and indeed global societies). Personally, I believe that it is not incompatible to have a personal belief in God (I believe in God, but I also have serious problems with any form of organized religion). I am not sure if any particular form of anarcho-** is right or wrong, though I have my own ideas on where we should be going. REALITY AND FANTASY Of course, being the realist that I am, I understand that we simply cannot go from the society we live in now to any version of an anarchist society. The society we live in has been the work of generations and generations ofprogression to where we are now. People are accustomed to living a certain way, and people are accustomed to having things work a certain way for them. Traffic signals, police, Tops Supermarket, etc. There is no way you can simply remove the structure we have now - that would create chaos and disorder and a void - and someone or some group would step in to fill that void. Continued on page 10 7 �Continued from page 9 TOP TEN REASONS WHY THE LAW LIBRARY NEEDS SWIPE CARD LAW-STUDENTS-ONLY-ACCESS By the same token, I don't believe that any anarchist society can ever come to life out of an armed revolution, since people would immediately clamor for some force (government!) to step in and restore order and public safety. Besides, as I said (and for the same reason), violence is incompatible with an anarchist society. So, with the two main avenues eliminated to get to the society I envision, you must be scratching your head. OK, here is my plan: First, we have to step away from the government we have now. It seems that many anarchists would make the move towards a socialist form of government, to provide 'for the people.' But I think this is grossly dangerous. I believe that socialist forms of government breed dependency, and that once we move to a socialist form of government, nothing short of the collapse of the state will endthe regime (and then a void will ensue and people will move to fill it, etc., etc., etc.). My idea for a first step, instead, is to move towards a model based roughly on American libertarianism and the American Libertarian Party. Not the ideal way to do things, but it is the next logical step, primarily because American libertarianism is a step towards greater individual and economic 10. Twenty undergrade sitting at one table. 9. The math students who never clean off the eraser pieces from the tables. 8. The slobs who trash the bathrooms. 7. Frat boys sporting baseball caps to hold in their brains hogging the sun computers to check ESPN sports zone. 6. Undergrade who "study" on the upper floors but only flap their jaws and get irritated when we ask them to shut up. 5. Obsessive Compulsive Mcd students who kick people out of "their seats" on the upper floors. freedom. During the period of libertarian America, the country has to undergo a social revolution of sorts. People have to learn to help out their neighbor, crime has to be reduced, and a number of things need to be worked out (of course, this is a column, not a philosophical 4. The mysterious people who pass gas. 3. TWO WORDS: CELLPHONES book, so thus I am limited in my explanations I can give within space constraints). Second, once we reach a stable state of American libertarianism, the next logical step is towards a type ofsociety called Minarchy. Minarchy is actually the radical version of American Libertarianism. There are four basic parts ofgovernment that would remain under a minarchy: A limited national defense force, a body oflaws to protect natural negative rights, a smaller police force, and a limited system of courts. Finally, once this form of society has stabilized and the kinks have been worked out, the state would simply be dissolved. Plus, as an added bonus, there would be no more need for lawyers! ITS A DREAM, BUT... As you may realize, I don't consider this to be a realistic plan. So sure, I believe in anarchy as a system of society, but I just don't think it can legitimately exist in our lifetime. But, I do think that we can take steps towards it. Early humans walked the earth without the benefit ofgovernment controlling them. Just because we've progressed along through time to have ever expansive and controlling government doesn't mean we have to continue on that 2. Over sexed teeny boppers fondling each other redefining P.D.A. (public displays of affection). 1. Freaks toting girlie mags, fondling themselves and getting their jollies for all to see. Respectfully Submitted, course now. Unfortunately though, in America, our dominance by government has been masqueraded by a friendly face put on by that very government. People actually think that the US government GIVES them rights! Nonsense! No government gives anyone rights. Government can only leave rights alone or restrict them. Also as unfortunate, is how dreadfully far we are, as a society, from achieving the goal I aspire to. Our ever expansive government still can't take care of the problems of our society, so why should I think that we as a society are ready to take care ofthe problems ourselves? It may be a dream...but some day... Katie McDowell, 2L, displaying model behavior in the law library. 8 �Continued from page 2 Blood replenishes, is easily extracted in usable remains a petite mort. quantities...must be a product. Same thing for sperm. Both of these "products" can be sold-or rather, the donor can be compensated for their time and inconvenience. Eggs, the "donation" of which have been occurring for over a decade, are another matter. To facilitate the removal of her eggs, a woman must inject extra hormones, which cause bloating century. As medical technology grows ever more sophisticated, the law will need a comparable sophistication to reconcile our practice to our philosophy. The sooner we equip our legal system to coherently blend our morals with our economics, the better. and irritability, for the entire month prior to ovulation. The eggs must then be removed via an invasive procedure. Once extracted, the eggs do not regenerate. While the "lifetime supply" of eggs a woman is endowed with is not compromised by this extraction, the comparison to blood and sperm begins to fail. What was once based on regeneration is now based on supply (and demand). Following this transition, it is easy to see the economic reasoning that deems these three items exempt from our nation's prohibition on selling parts of a person. Blood can be sold in relatively large quantities because it costs a person—in a tortuous society that can put a price on inconvenience and pain—relatively little to part with some of it. Semen can be sold because it costs a person no pain and only minor embarrassment to do his bit for the gene pool. And eggs...well, they fetch a higher price, because a month of permanent PMS is easily worth five thousand dollars. All three are legitimate transactions, with goods exchanged for due consideration. But the introduction of the non-regenerative egg throws off the rationale behind the legitimacy. Starting with the transition from replaceable product to amply supplied part, it is possible to extend the reasoning and provide for something like...the sale of skin. Skin grafts are fairly common procedures that can be painful, but produce no lasting debilitating effects. While it leaves a scar, it is safe to say that a willing seller could be "compensated" for both the discomfort and the disfigurement if they sold some of their skin. From there, maybe you can sell a lung, or a kidney. Or, if you don't value your life too much, your heart. Legally speaking, the reasoning is there. So maybe it's time to scrutinize our reasoning. Is a person the sum of their parts? From the legal point of view, which operates from the lighthouse atop of the slippery slope, the answer should be "yes." Following that, there is the question: is the right to one's body alienable? From the legal point of view, the answer should be "no." Because of organ donation, however, the legal answers to those questions have been just the opposite. American jurisprudencehas forged a world where one's ethereal "rights" are inalienable, but tangible "parts" are not. Further, because american legal thought is largely based upon economic, Lockean reasoning, that which is alienable becomes commodified. Here enters the contradiction: in a world where one could not sell oneself into slavery, one could systematically auction off every part of his physical being. This is contrary to the fundamentals of the common law we so unrealistically cherish. Many of you might remember the case ofRegina v. Stephens, wherein the Queen's Bench declared once and for all that, no matter how desperate you are, murdering a passive victim to survive is never appropriate. While every law student in the country has probably read this case, american jurisprudence managed to introduce, or at least ignore, a schema to the contrary: you can kill part of someone to survive, as long as it This contradiction is one the legal and medical communities will be increasingly forced to deal with over the course of the next No doubt many prisoners in China feel the same way. By S.A. Cole Images In Male The author of Images in Male is taking a brief hiatus from his duties as columnist, and during this hiatus he will consider the following questions: 1) whether to change the title of his column fromImages in Male to How to Win Friends and be Popular with Women; 2) whether line and color interact in a painting the same way that substance and tone relate in a work ofrhetoric. 3) whether Bill Paxon realizes that some students at UB Law think that raising a child is much less important than having a career, and consider him therefore a "trophy wife." At any rate, the author of Images in Male would like to thank the readers of the column, especially those who had kind things to say to him during the recent brouhaha. There will be more Images in Male after the break. by Adam Perri Faculty - Student Happy Hour The sth floor faculty lounge was converted into a party haven Wednesday, February 25, as students and faculty packed the room for the Spring Semester bash. The party had soda, chips, vegetables, a meat-like-substance, plus beer and wine. Students and faculty took the rare opportunity to interact in a setting outside the class room, with pockets of conversation developing everywhere, and most students seemed to be enjoying themselves. by Ken Grant 9 �{lit* scissors onIf in the presence ofi responsible tfalt] cJ \" MORE SURVEYS! [SURVE V SAY S~i\ CDO and SBA Blasted! I1(1) Who you think replace Barry Boyer dean of II " do should |Law School? Well, the surveys continue as the | to pour in here at the Opinion, . ) ■ Someone within the Law School (Please Specify as we were overwhelmed with 2 more submissions. The theme ■ (Please Someone outside the Law School Specify ) this week with the continues Career I complete dissatisfaction with one student (who Development Office, as they garnered an F from proceeded to blast the CDO in a long commentary that we can't ■(2) Do you like the 'new curriculum?' reprint without a name), a Q- from another student, and both Yes No checked "no" whenasked if the CDO was doing a good job. There was a little ambivalence towards the status of deans at UB Law one student suggested Makau Mutua (and that they were unsure 1(3) Do you think that the Career Development Office does a good I what the deans actually did), and another was dissatisfied with job? j I — I some ofthe other deans. The Student Bar Association also received additional poor grades,raking in a Q- and an F. I j Yes No 1(4) Please rate the following aspects of the law school on the H, The Opinion invites everyone to continue to turn in |Q+, Q, Q-, D, F system... I surveys (we are reproducing it again in a smaller form). We caution I that we cannot directly quote commentary off of the surveys without I The Deans The CDO The Faculty | contact information. However, if a student is concerned about I ■ The SBA(Student Bar Association) The Library retribution, we would be willing to print comments and withhold your name (although identity would be disclosed upon inquiry). please leave all surveys in box 95 or at the Opinion office in the 3 "basement of O'Brian Hall You still have time to fill out the Opinion survey Cj^ J(Name Optional if you want to be quoted) , - THESPOTLITE /.-lflf>rJ 3/^ PRESENTS: TALES OFTHE ABSURD! A 10 �FOLLOWING UP ON INTERVIEWS Dear Job Goddess, A few months ago, I interviewed with a law firm. It went really well, and the attorney I interviewed told me that she would really try to get me on board with the firm, hoping she could convince the powers that be that I should be hired. Shortly thereafter, the firm held a partners' meeting where I was on the agenda. I haven't heard anything since that time. Even though it's been a few months, I haven't gotten an offer from anybody else. Should I call the firm again and express my interest? After all, it's been months and I haven't heard from them. And I confess, I've been too chicken to call; I did try once, but nobody ever called me back. Should I try again? -SE, Illinois Dear SE, In a word Yes. The Job Goddess realizes this seems offhand, like telling you to put on a hamburger bathing suit and jump into a shark tank, but it isn't that way at all. To understand why, you've got to appreci- - your situation the attention it deserves. When you call the firm and speak to the hiring partner's secretary, you could well be speaking to somebody who is up to her rhymes-with-mass in alligators. If she doesn't give you an answer, or says something like "I don't know where your application is," Susan Richey advises you to ask if it would be a problem if you called back in a week's time. If a week's not okay, the secretary is likely to give you a date that is. As your situation illustrates, SE, it's important to keep the ball in your court whenever possible. That is, keep the calling privilege for yourself. As Sue Richey advises, "Instead of just leaving a voice mail message for them to call you back, say that you'll try back in a week., and leave them your number in case they want to call you in the meantime." If time drags on and there is still no decision, think about contacting the person with whom you got along the best to see what else ~ if anything you can do to further your cause. Again, couch your request in terms of how much you liked the firm and how you'd like to make a contribution; now is not the time to say, "Honestly, I wouldn't care so much except that I haven't found anything else and I'm getting desperate." What is the downside risk of this entire approach, SE? There isn't one. As Susan Richey points out, "If they're going to reject you, they won't reject you any harder because you followedup." As the Job Goddess stressed at the outset, there are many reasons why you might not receive an offer that have nothing to do with whether they liked you or not. And even if their reasons did involve you, remember that it's only their impression of you, how you did in a single interview, and whatever you showed them of your credentials in the form of resumes, cover letters, writing samples, and the like. They didn't reject you, the flesh-and-blood person, SE - and no employer has that power unless you give it to them. The Job Goddess trusts that you won't. — ate all of the perfectly understandable, not-rejectingyou reasons why you might not have received a call. As Susan Richey, career services director at Franklin Pierce Law Center (and an attorney before that), points out, "Not receiving a call doesn't mean anything! it certainly doesn't mean they hated you. For instance, they may be waiting for the business they need to support your salary. When I was starting out, a law firm once told me, 'We're counting on a huge piece of litigation, and if we get it, we'll need you.' There are many firms in that position, but often they won't tell you what's going on." On the other hand, of course, you don't want to be a pest. Susan Richey says that in order to walk the fine line between showing enthusiasm and being a bother, "If they haven't given you a date when they said they'll contact you, wait until two weeks after your interview, and then call and say 'I really enjoyed my[This column was submitted by Audrey Koscielniak. The Job self there, and wanted to check on the status of my application.' Most good recruiting coordinators will Goddess isKimmAlayne Walton, author ofthe book Guerrilla Tactics For Getting The Legal Job OfYour Dreams] give you a date when you can call back, but if they don't, ask if you'll be a bother if you call back." THE OPINION WANTS YOU!! Got something to say? Something in the If the law firm you're interviewing with is too small for a recruiting coordinator, it could well be that world or law school eating away at you? the lawyers there have simply been too busy to give Write a column, article, or letter! All submissions due by Thursdays at spm. - 11 �These are the People in Your Neighborhood ... Matt Clabeaux, 3L, "C'est magnifique!" Campus political figure, Nathan Van Loon, 31... ...caught in law library with anonymous blond Scandal! Scandal!! Scandal!!! (from left to right) 1L Malinda McSherry 2L Darlene Gawron 1L Susan Burch Kickiri back in the "PAD" ... the People that You Meet Each Day Translation of our Latin motto: "Is that how you think you run a newspaper?" "I don't know how to run a newspaper, Mr. Thatcher, I just try everything I can think of." 12 � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Opinion, 1998-03-02 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. The Opinion no. 10 02.03.1998 Date Issued Date of formal issuance (e.g., publication) of the resource. 3/2/1998 Bibliographic Citation A bibliographic reference for the resource. Recommended practice is to include sufficient bibliographic detail to identify the resource as unambiguously as possible. 38 10 Publisher An entity responsible for making the resource available University of Buffalo State University of New York at Buffalo Law School Language A language of the resource eng Type The nature or genre of the resource Newspapers Text Is Part Of A related resource in which the described resource is physically or logically included. LIB-LAW003 Rights Information about rights held in and over the resource <a href="https://rightsstatements.org/page/CNE/1.0/">COPYRIGHT NOT EVALUATED</a>. The copyright and related rights status of this Item has not been evaluated. Please refer to the organization that has made the Item available for more information. You are free to use this Item in any way that is permitted by the copyright and related rights legislation that applies to your use. This digital collection is made available for research and educational purposes. Researchers are responsible for determining copyright status, and securing permissions for use and publication of any material. Copyright for items in this collection may be held by the creators, their heirs, or assigns. Researchers are required to obtain written permission from copyright holders and the University Archives prior to reproducing or publishing materials, including images and quotations. For inquiries about reproduction requests and permissions, please contact the <a href="http://library.buffalo.edu/archives/">University Archives</a>. If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/8adb06fef981e5b4c66b67f0fbc06c7c.pdf 1e7ec7fc7a766d3be8ee4cd44b1a127d PDF Text Text OPINION 02.23.98 "Vi veri veniversum vivus vici." Non-Law Students Complain About Restricted Access to Library Vol. 38, No. 9 the law library during examination time, according to Ellen Gibson, the Director of the law library. At the end of every semester, the law library posts a large sign which reads the following," LAW SCHOOL EXAMINATION PERIOD. DURING THIS PERIOD, THE LAW LIBRARY IS RESTRICTED TO USE BY THE LAW STUDENTS AND RESEARCHERS WHO HAVE A DEMONSTRATED NEED TO USE LAW BOOKS HOUSED IN THE LI- Restricting access to law libraries is not unusual. For example, students from our school often need an official letter from the administration to gain access to the law libraries of other schools, according to Nina Cascio. However, unlike many other law libraries which are part of privately run law schools, our library is a non-autonomous part of the Universities Libraries of SUNYAB-a public institution. As such, access to the law library is generally available to any undergraduate or graduate student or faculty member of UB and anyone from the public who desires to use the library for legal research or anything else as long as he does not violate therules of the library. At times more than 50% of the users of the library are not law students. Yet, access is not total. For example, non-law students, BRARY. including recent graduates and alumni for the last few years have by Sol Sandberg This past semester an undisclosed member of the faculty from another department complained to Steve Roberts, the Associate Dean of Universities Libraries about what is alleged as the law library's policy ofrestricting the access of non-law students to Continued on 4 page Law School Ranking Discredited Student's Protest Potential Bombing of Iraq by Joe Huang by Russ Klein Last Thursday, various UB on-campus groups organized The Law School Admission (LSAC) Council will be sending a letter to the 93,000 members of their applicant pool and over 3000 pre-law advisors expressing their views on law school rankings. The letter, which states applicants "owe it [to themselves] to avoid the temptation ofrelying on rankings" and instead would be better served with performing their own evaluations of perspective law schools based what suits them best. The letter, which was signed by over 160 law school deans, suggests that prospective law students would be better served if they make a list of personal things that they care about in potential Continued on pa gel a protest against the United States and Britain's recent decision to bomb Iraq. Approximately 30 students participated in the vocal demonstration in front of the Student Union. The protestors were shouting a wide variety of slogans such as "1-2-3-4, we don't want your racist war!"; "Clinton, Clinton, what do you say? How many children did you kill today?"; "Hell no, we won't go, we won't fight for Texaco." Since the Gulf War, relations between Iraq and the United States have been highly strained. Iraq has repeatedly barred or prevented UN arms inspectors full access to the country. In response, the United States and Britain are now preparing massive airs strikes and missile attacks against Baghdad and other cities in Iraq. Russ Klein, a UB Law 2L who participated in the demonstration, said "This bombing campaign will kill thousands of innocents." Klein further said that "The United State's terroristic embargo has resulted in untold death and suffering in Iraq." Klein also thinks that "If Clinton attacks, he is the real war criminal." Inside the Opinion... Letters to the Editor. 4 6 My Spleen The Anarchist. 8 to Plus More than "They" Want You Know... 1 �Editorial: In Praise of Pragmatism In the late eighties, before drugs started to seriously mess with his career, David Gahan posed this question: "People are people so why should it be, you and I should get along so awfully?" Nowadays, Gahan is in rehab, struggling to conquer a heroin addiction, and recovering from what appears to be an overdose of brevity. For it would seem that Depeche Mode solved the current philosophical debate smoldering within this week's issue of the Opinion long before Adam Perri nailed us with his Theses WomenWhine. People are people. We don't get along. God help us if we did, because then life would be so boring, you couldn't write trendy techno songs about it. For millennia, mankind has struggled with his basic nature, and the nature of his fellows. Plato to Pangloss, Freud to Foucault, Schopenhauer to South Park, philosphes real and imagined have grappled withwho we are and what we're doing. Lofty theologians fall underthe weight of their ethereal suppositions. Nihilists get sucked into the vacuum of their own surety. Realists lose out to reality. Every philosophy embraced meets its nemesis; like inhumanity unto the humanist, contradiction pounces on the thoughtful at almost every turn. For all their struggle, debate, and opium draughts, the tortured compendium of philosophical brethren haven't come any closer to humanity's defining ethos than a groupof MTV has-beens. I do not use the term "brethren" lightly. Men, for whatever reason (and I could come up with a few snide ones), have traditionally been the only component of the human race to be so dissatisfied as to demandof the Universe: "Why me?" Camille Paglia, whose post-modern femi-thought earns her much the same invective earned by Adam Perri this week, is one of a few women to garner widespread recognition for her philosophical writings. This Editor in Chief Graphics and Layout Editor Business Manager Managing Editor I Managing Editor II Op/Ed Editor News Editor S.A. Cole Ken Grant Dan Baich Cindy Huang Joe Huang has do as much with infamy as it does with philosophy; in the aftermath ofThe Feminine Mystique and theMi. revolution, a cute, brainy lesbian who dares to say that a short-skirted woman was asking for it is bound to make a few headlines. Paglia bases much of her work on the physiology of men and women, citing simple differences inbody type as the root cause of every nook and cranny of the gender gap. Much as I enjoy her work (you can't help but enjoy a woman who links achievement to urinary technique), women aren't much better at this game than men; she meets her Waterloo in the animal, daemonic kingdom, where female animals often outstrip their male counterparts as hunters or defenders of the family. So where does that leave me? Who are we? Why are we this way? What is our function? I applauded much of Perri's column when I read it (and, afthe ter philosophy hit the fan, re-read it). Having spent five years Amherst, Mass, a place so p.c, it's on PJ O'Rourke's hit list, 1 in have spent enough time subjected to "shrill, female dudgeon," to verify that it's no more palatable that gravelly, male dudgeon. I have also been exposed to enough self-proclaimed "cultural elite," saving the world with a smug, self-satisfied smile, to the point where the mere sight of a feminist do-gooder makes me want to don a hair net and have some kids. But that's just because prigs who think they know what's best for me activate my contrariness. I still think Phyllis Schafly, while an admirable woman, doesn't have all the answers. Whether the proselytizer is Katie Roiphe or Mary Kay, these "cultural elite," so doctrinaire, have found a system that works for Continued on page 3 Staff: Music Guru Columnist News Reporter Columnist Columnist Justin Archangel Kristin Greeley Kevin Hsi Randy Janis Katie McDowell Russ Klein Sol Sandberg Columnist Photographer Adam Perri Ken Grant The Opinion, SUNY at Buffalo Amherst campus, 7 John Lord O'Brian Hall, Buffalo, New York 14260, (716) 645-2147, is published weekly throughout the Fall and Spring Semesters. The Opinion is the student newspaper of the State University of New York School of Law. Copyright 1998 by the Opinion, SBA. Any reproduction of materials herein is strictly prohibited without the express consent of the Editor-in-Chief and piece writer. Submission deadlinesfor all articles are every Wednesday preceding publication (if it's on disk, you can push it to layout time on Thursday...no later that 6:00 PM, please). Submissions shouldbe saved in IBM Wordperfect 5.1; please enclose printed copy for safety's sake. Write your box number on your disk if you want it returned. While the Opinion will not print libclous or anonymous material, all submissions shall be printed entirely and exactly (so proofread your materials), provided they are signed submissions from a member of the UB Law community (students, faculty, staff, alumni). The Opinion in no way endorses the viewpoints ofits various columnists and contributors. Considering that the Opinion isn't actually a sentient being, it also doesn't think there's anything wrong with any viewpoint expressed in this publication. Vi Veri Veniversum Vivus Vici. "We have a First Amendment and we know how to use it." 2 �man nature" dictated that our society changed for the better. Perhaps Mr. Perri doesn't believe the changes were tor the better. Mr. Perri just doesn't get it, women do not want the "comfort, leisure and luxury" of the 19505. Women would rather be productive individuals who bring about change and shape the world we and our children live in rather than living the oppressive life of June WE GOT LETTERS! Pear Editor of the Opinion... The only thing meaningful about Adam Perri's "Images in Male" essay was the preceding spit passage, for it so aptly predicted my response after reading such misogynist, pompous, and highly offensive garbage. Sincerely, Kinda Serafi, 2L Cleaver. Kathleen Martin, 2L Clarification of last week's Images in Male I am writing in response to Mr. Perri's recent column entitled "Images in Male". I applaud Mr. Perri for having the conviction to print such a controversial column. In this age when political correctness constantly lords over the thoughts and words of academia, Mr. Perri's argument that (1) human nature is not socially constructed, (2) any attempts to socially construct human nature will fail and (3) the consequences of such attempts could be disasterous, Last week's Images in Male column in The Opinion has engendered enough controversy in the last few days that I cannot escape the feeling that the point of the article did not get through to many readers. Perhaps that is because 1 employed a tone intended to be deliberately provocative and playfully inflammatory. This is a tone that I felt singularly suitable to a newspaper written for youth and devoted to the uninhibited exchange of ideas, even is evidence that ideas not considered to be in the mainstream still unpopular ones. Many readers have expressed appreciation for have a rightful place in the public debate. Mr. Perri's argument repthe irreverence and playfulness of last weeks article. Many have resents a point of view that is often squelched. This column has not. I am left with the conclusion that the tone of the article obsparked open debate among the law student population and has scured the larger point. At any rate, I feel that some clarification is increased the readership of the Opinion. required. Put simply, Mr. Perri has the constitutional right to print this The basic point of the column is: article. In a society established on free speech principles, we must 1) Human nature is not socially constructed (by default it is allow people to speak certain ideas that we may consider to be obtherefore innate); jectionable. These ideas contribute to finding truth in debate. While 2) Attempts to remake human nature on the assumption that I will not assert support or disdain for Mr. Perri's argument, I apit is socially constructed are dangerous and doomed; plaud him for having the courage to print ideas thatare riddled with 3) One such attempt is currently underway in the American controversy. educational system, where some educators, in pursuit of what they Sincerely, believe is gender equality, are content not just to build women up Charles Moynihan, 2L (a laudable goal), but seek also to tear men down by re-educating man and boys in a way alien to and incompatible with their innate Disgusted? Yes. Angered? Yes. But more than that, disapnature; pointed. Disappointed with Mr. Perri's basic assertion that "boys 4) This attempt will fail, as all previous attempts to remake will be boys and girls will be girls" so, as a society, we should not human nature have failed, and the modern feel of the vulgar even try to alter the way human nature has created each sex. Well scribblings on the bathroom walls of Pompeii attest to how little Mr. Perri, too many women have worked too hard over the last two attempts to refashion human nature have accomplished. hundred years for you to say we have no right to "challenge" or try The idea that human nature is innate and does not respond to "change" human nature. And believe me, no one has "brainwell to attempts at social construction has rarely been popular. It washed" me into believing it is my duty to "enlighten" every man I was not popular when Dostoevskii gave the idea its grandest exencounter who is in law school for two purposes: 1. to earn a J.D. pression in NOTES FROM UNDERGROUND. Regardless, it is and 2. to find a trophy wife whom he can escort to firm holiday a perfectly legitimate point of view, and is at idea at which no one parties. The ideal trophy wife has an advanced degree, has excelat this law school has cause to take personal umbrage. lent earning potential, is of course attractive, and will of course Some people have perceived slights to womankind at in my give up her law practice when the children are born so she can then characterizations of the current state of women. I pointed out my follow her "natural" desire bestowed by human nature to nurture perceptions of specific aspects of the current state of women only the children. Perhaps you and others who agree with you have not to suggest that perhaps ordinary women face greater problems in yet found the trophy wife who will follow the dictates of human their daily lives than those posed by the un-reconstructed male, nature that men hunt and women gather and that is why you are so Continued on left column of page 4 bitter with "change." Change the way society views women, damnright I will. At onepoint in time, the belief was that black people were "naturally" Would you like to write for inferior to whites and should be treated as such. At one time, the belief was that women were "naturally" intellectually inferior to THE OPINION? men and should therefore not be allowed to own property, enter All submissions due Thursday by 5:00 pm in into contracts, or to vote. It wasn't until we challenged what "huthe Opinion office (in the basement). Continued on top of next column 3 �Letters... Continued from page 3 Non-Law Students... Continued from page 1 and therefore, re-educating men may not be the highest priority on an agenda designed to benefit women. To distill to their essence the observations I made on the current state of women: a) the constant stream of sexual imagery and innuendo in popular culture has coarsened human sensibilities, and the effect of this is more pronounced upon women, since in earlier times (for good or ill and with varying degrees of success), society made attempts to shield women from the most obnoxious aspect oflife's vulgar lewdness (the Pompeiian graffiti artist was not a woman). b) because many parents (including mothers), work, either from choice or necessity, many children in modern society spend a great deal of time growing up with people who are not their parents (I did not dream that this statement would engender factual dispute). Since parents (including mothers), usually take their parenting obligations very seriously, many parents (including mothers), seek to acquire care for their child that is comparable to the quality of care the child would receive at home. Parents (including mothers), are sometimes compelled to compromise and accept a level of day care that is not the equal of the care the child would receive if a parent were at home. It does not diminish the heroism of a single mother in difficult circumstances to acknowledge that in a perfect world, day care may be only the second best arrangement. c) The third observation assumes that in many cases, a mother who does not have a husband or significant other might like to have one someday, and would derive from such relationship happiness, emotional security, greater financial security, and assistance with the myriad duties of child rearing. To my mind, not a single of these beliefs reflects poorly on women. I did not dream that acknowledging the seriousness with which mothers view their parental responsibilities would be considered controversial. I did not foresee that recognizing the benefits to married people ofthe marital relationship or its equivalent could be viewed in a negative light. It astonishes me that any of these positions have been considered surprising, alarming, reckless, or insulting. I cannot imagine a value system that would render them so. If, in order to enlighten me and those who share my views, any critics of my last article wish to offer an explanation of what makes these beliefs a) objectionable; or b) untrue, I will be very curious to read it. Adam Perri, 2L been barred from using the study carrels and conference rooms in the law library. At one time, all were allowed to use the carrels. Then problems arose because there were a limited number of carrels 41 to be exact- for over seven hundred law students. Gibson said law students found that carrels and conference rooms were Law School Ranking... Continued from page 1 law schools, and then gather detailed information about those law schools. Finally, after careful research, they recommend that you visit the law schools that you narrowed down and do a more personal inspection (including talking with faculty, etc). University ofBuffalo School ofLaw's Dean Barry Boyer is among the distinguished list of law deans who have signed on to the statement. LSAC administers the Law School Admissions Test and the Law School Data Assembly Service that all law students register for in order to attend an accredited law school. O Hello, UB Law. ~~^^ - often being occupied by undergraduates. In addition, undergTaduwriting graffiti on the carrels, leaving garbage in the carrel and even having sex in the carrels, further disturbing law students. The ABA standards for approval of law schools required a law school to, "provide on-site sufficient quiet study and research seating for its students and faculty." It seemed that the law school was not meeting its obligations under these standards. To correct the problem the SBA proposed paying for locks on the carrels and the conference rooms. As a result the carrels and conference rooms are now off limits to non-law students. ates were About eight years ago, Senior Vice President Wagner, who has authority over the university library system, approved the posting of the current sign indicating restricted access during exams. Law students had asked for limited access during exams because they felt that, unlike students of other schools and disciplines, their grades were based often solely on one exam, they had more of a need to study for it without interference from what they considered noisy undergraduates. At times, physical fights erupted between law students and undergraduates over the issue. UndergTaduates had at times performed fraternity initiation rites on the library stairs. The library felt something needed to be done about the problem and proposed a sign indicating restricted access during exams. The version proposed, however, was received as too restrictive by the Management Advisory Group of the University Libraries. According to Ellen Gibson, after the library toned down its sign, the sign was accepted but with one proviso: that it would not be enforced. Nevertheless, the mere presence of the sign, Gibson explained, has had the effect of making the library a quieter place. One non-law student, Hirut Dejoya, an undergraduate pharmacy student interviewed in the library, thought that the law library should have the authority to limit the access of non-law students but "only if they have a good reason." Commenting on the sign and its deterrent effect, Ms. K. Pak, a Ph.D. student in English said, "When I first saw the sign, I was a little upset because it was my habit to study in the law library." She explained that she tried studying in other libraries on campus until finally coming back to the law library despite the sign. In regards to whether the library should be able to bar non-law students during exam time, she said, "If they need the library, they can have priority to students in other departments. But I am wondering why~if law students can study in other libraries-why can't I study here." Law students questioned did not seem to have a problem with undergraduates making noise. Amy Schwartz, a 2L, for example, complained not so much of noise but of non-law students using the computer terminals for personal use while law students needed to do research requiring Bison 11. David Hoffman did not Continued on left column of page 5 4 �think that undergraduates make too much noise but rather too little. "I can not believe they take undergraduate school so seriously. They are superquiet and too studious," he said. He added that law students should have the right to make noise in the law library, saying "As most of you know, I make a lot of noise. I consider the first and second floor of the library the agora of the law school." LEGAL BRIEFS Verdicts ANNOUNCEMENTS 1997: The Top Ten The ten largest jury awards of 1997: 1. Environmental. In re New Orleans Tank Car Leakage Fire Litigation, $3,367 billion. 2. Business. Catalyst Technolgieslnc. VElectee Inc., $346 million. 3. Products liability. Jimenez v. Chrysler Corp., $262.5 Jessup Team Member Wins Best Oralist and 4th Place Brief Nancy Saunders of UB Law's Jessup team, competing in the regional rounds in Vermont on February 6-8 at Vermont Law School, won Best Oralist. The team itself won fourth place for their brief. Jennifer Berger said this about their success, "I am very proud. The team worked extensively to participate in the regional comnetition." The Student Bar Association and the Administration cordially invite all students to attend the first Faculty-Student Happy Hour of the Spring semester. There will be free food, drinks, and a great opportunity to mingle with other students and faculty in an informal setting. It will be held at the sth floor faculty lounge on Wednesday, February 25th, from 4-7 P.M. million. 4. Libel. MMAR Group Inc. v. Dow Jones & Co. Inc., $222.72 million. 5. Conversion. 50-Off StoresInc. VBanque Paribas (Suisse) S.A., $150.98 million. 6. Business. Orthofix S.r.l. v. Electro-Biology Inc., $149.88 million. 7. Business. UnitedInternational Holdings Inc. v. The Wharf million. (Holdings) ltd, $125.5 8. Personal injury. Doe v. Kos, $119 million. 9. Fraud. Argov. GeneralDynamics Corp., $101.07 milllion. 10. Business. Potlach Corp. v. Beloit Corp., 95.06 million. The Asian American Law Students Association will be puton ting an art exhibit featuring the works of Mr. Zhuquing. It will be held on Thursday, February 26th at the sth floor faculty lounge. Refreshments will be served. $$$$$wowssss. Outlaw is selling tickets to it's second Annual Dinner, on Saturday, February 28th. The dinner will be held at the University Inn, and feature keynote speaker Lavi Soloway addressing lesbian and gay immigration rights. Tickets are $10 for students ($25 for non-sludents), and include dinner and access to a cash bar. Contact the Outlaw office or Outlaw representative for information on how to buy tickets. BPILP will be selling tickets soon for their annual auction to raise money for summer fellowships. Prices are unavailable at this time. Contact the BPILP office or a BPILP representative for information on how to buy tickets. Font Program Wins Copyright Protection Overturning a 20-year-old precedent, a federal judge in San Jose, CA, ruled that a font-generation program is copyrightable material. Although the Copyright office has maintained since 1988 that it has a firm policy of denying copyrights to such programs, Adobe Systems Inc. v. Southern Software Inc., which came down of February 2, 1998, stated that sufficient creativity existed in the programming of a font software to provide some protection. SURVEY SAYS...RESULTS!! . JamesAtleson, professor ofUB Law School, has published a new book titled Labor and the Wartime State. The book focuses on labor relations and the law during World War 11, and should be available at popular book stores. Well, the students have spoken — all three of them, and given their comments for the first Opinion survey. The Library received the highest grades, reaping straight H's, while the CDO received two Q-'s and all 3 said that the CDO is not doing a good job. 2 out of 3 students expressed a dislike for the new curriculum, and 2 out of 3 said that we should seek someone from outside the law school to be our new dean (1 abstained). Otherwise, aspects of the school were given passing grades (though one response indicated that some of the faculty deserved D grades). The Opinion thanks those who participated. The PGA Tour... Continued from page 8 -ers who don't believe Martin should be allowed a cart. This includes Tiger Woods, his roommate from Stanford. He knows what kind of pain Martin suffers, but still doesn't think he should have a cart. Arnold Palmer and other golfers testified for the PGA. To me, they soundlike a bunch ofunsportsmanlike whiners. They're afraid Martin would have some advantage over them. If they were in Martin's shoes, I don't think they'd call it an advantage. I wouldn't. Other golfers walk themselves from hole to hole, and Martin needs a cart to do so. A cart merely levels the playing field of a game whose playing field has a long history of prejudicial Letters to the Editor should be delivered to the Opinion's basement office or to box 95 or 27 (your choice). bumps. by Kristin Greeley 5 �MY SPLEEN the other "duties" of a golfer, things that are more important to the game and more determinative of the outcome than walking. The PGA argued that allowing carts would compromise the integrity of the game, since walking is a part ofthe game. OK, so why are carts allowed during preliminary rounds? Why are carts THE PGA TOUR: NOT A GENTLEMAN'S GAME allowed during Senior Tour events? For obvious reasons, but the PGA said that the Senior Tour is just a nostalgia event, not "real golf." OK, the NCAA lets college golfers use carts. Is college golf not "real golf?" Is it just an exhibition by students? sis. Martin said that if he could, he would rather walk, in order As you can tell from the title, I am going to berate the PGA. to get into the rhythm of the game. While at Stanford, he walked Not because I never see my father from April to October due to rather than use a cart, despite the pain it caused. His condition his golf habit, but because they refused to let Casey Martin use a has since progressed to the point where he is not able to walk the cart to participate in their Nike Tour events. entire course. For those of you who don't watch Sportscenter as often as I Is walking an integral part of the game? If it was, wouldn't do, Casey Martin is a pro golfer who has a congenital circulatory walking be required during the preliminary rounds of PGA tourdisorder that makes it painful and possibly dangerous for him to naments? Do golfers golfbetter if they use a cart? Golfers say it walk long distances. The PGA's rules don't allow carts to be used doesn't really matter. Pros don't carry their own clubs, so it's in their events, and they refused to let Martin use one, in spite of really just a matter of getting themselves from one hole to the his disability. So he sued them under the 1990 Americans with next. Disabilities Act. Earlier this month, a U.S. Magistrate Judge in The PGA also said that carts would be contrary to the tradiruled that the a cart for Marprovide Eugene, Oregon, PGA had to tion of the game. Well, that same tradition wouldn't let me join a country club because I am a woman, and wouldn't let Grant Fuhr tin. should be think it's obvious that think Martin alI I pretty join Transit Valley Country Club less than ten years ago because lowed to use a cart. I think it is a "reasonable accommodation" he is black, although they said that wasn't the reason. What REALLY irritates me is the large number of pro golf under the statute. Golfing is Martin's way of making a living, and he should not be denied that opportunity solely because he is unContinued on bottom of left column on page 5 able to walk an entire round of golf. He is able to perform all of This week, I am actually going to address a legal issue in my column. I don't consider those cites to "Bob Probert cases" I gave last semester in my hockey column to be serious legal analy- PRESENTS SPOTLITE THE GFDGSDFGDFGF y>fZ"L& KLlStu 6 �In Praise of Pragmatism... Continued from page 2 them. Like a zealot, a prophet, a dictator or a fool, they assume that what works for them works for others. And, like a charismatic, they convince these others that they are right. What I gleaned from Perri's column was that he felt many women had been duped into a lifestyle they might not have wanted if they hadn't become "enlightened." While this rhetoric is definitely the fourth cousin of a Promise-Keeper brochure, it is also an incisive comment on the suggestibility of the average american malkin. The purpose of life, I believe, is whatever an individual determines it to be. From this perspective, what Perri said in his column is an important evaluation of human nature. Yes, we are stuck with a few inescapable biological factors (which may slough off as technology progresses). These factors play a part in determining the course of one's life. But beyond that, it's your call. Get married? Have kids? Become a bum? Become CEO? Do all four? Your life is your own. Coalitions, such as the feminist movement, grew out of the efforts of one class to control the choices of another. Similarly, the separatist arguments being made by some race theorists are endorsing a split from, not an integration with, the dominant paradigm. The obstruction ofoptions based upon classed factors causes the obstructed classes to unite, rebel, and reject. This is what is causing the mass denunciation of the shibboleths of Western culture. The challenge to us all is to retain what is valuable, and reject what is useless or harmful to our vision of ourselves. I treasure completely the image of my mother who stayed home to raise a moral, compassionate daughter (my sister is a great girl), while learning from my father, who went off to work every day and returned home never too tired to argue with me about politics. At the same time, however, I look to my heroes—Lenny Bruce, Tho- mas Jefferson, Peter the Great-and find images I value only selectively. Lenny Bruce-a wonderful social theorist and performer, who cheated on his wife. Thomas Jefferson-a political giant and genius, who cheated on his wife. Peter the Great-an enlightened despot and charming hyperactive, who cheated on his wife. It is possible that someday I may be a brilliant performer, political giant, and charming hyperactive. I don't, however, plan to cheat on my husband, if I ever get married. It is easy to be doctrinaire, hard to be selective. Humans to like deal in moral absolutes. We are multifarious beings, however. I am reminded ofBarbara Billingsly, who played June Cleaver. For the run ofLeave it to Beaver, this woman played a compliant, impeccable wife, buffed and coiffed and in charge of a spotless household. Years later, guest starring on Roseanne, the same woman, after scolding Roseanne for kissing Mariel Hemmingway, only to find out the size of the paycheck Roseanne recieved to do so, exclaimed in shock, "Well, god damn, for that kind of money-Id make out with a chick." Clearly, Billingsly (who also, for those of you whoremember the movie Airplane, played with racial stereotypes by declaring "It's all right, stewardess, I speak jive") managed to shift her role within the confines of the dominant paradigm into something playful. "People are people, so why should it be, you and I should get along so awfully?" Because we are complicated beings, capable of self-determination, and within that determination, capable of being good, bad, a wife, a concubine, a CEO, and a junked-out rocker...living in a world where weaknesses can be strengths, and our fellow human beings might be out to save us, seduce us, or shoot us in the head. Gotta love that inchoate human nature. Enjoy this week's edition of the Opinion. -S.A. Cole Moot Court Madness! On Thursday, February 26, preliminary rounds for the 1998 Albert R. Mugel National Tax Moot Court Competition will start off the second occurrence of this annual event. The preliminary rounds will continue until Friday. Oral rounds will be held at the Country Courthouse, 92 Franklin Street Buffalo, NY. Following oral rounds, a celebratory Happy Hour will be held at the Pearl Street Brewery, at the corner of Pearl and Seneca Streets. Sixteen teams will be participating in the Competition, from all over the country. Terrerence McNamara and Patrick Roth in the Moot Court office 7 �a woman whois lib- erated enough to decide for herself that she doesn't need makeup it says something for the mind at work...that maybe she isn't vain enough to think -- ATHE NARCHIST L^^ . that she is the most beautiful person in the world, but she is comfortable enough with her natural appearance that the norms of society aren't going to dictate to her that she wear makeup. But surely this can't be just the fault ofthe women who wear the makeup, can it? Jen and I continued in our conversation, as she blasted men in general for claiming that makeup doesn't matter, but as soon as a woman walks in all done up, they are the ones who get the attention of men. While for me this isn't true, it is obvious that we do notice makeup. So, if guys notice makeup, then it's apparent that we are dealing with a two way street here. Men who want "their" women to look their best and women who acquiesce to men. PLAYING YOUR PART She's not content with what she is but she does the best she can But she doesn't do it for herself she does it for her man. And the posters on the hoardings encourage his pursuit Glossy ads, where men are men and women simply cute Crass "Reality Whitewash" A MAN'S AND WOMAN'S ROLE IN SOCIETY The old image of a man in society was as a caretaker of the the wife, worker,the guy who fixed the pipes and mowed the lawn, etc. It's pretty evident in some of our expressions that are still around today: Who wears the pants in the house? and A man's home is his castle, and the man of the house. The old picture of a man was a big gruffsquare jawed fellow, who was built from working in construction or farming (you know, like your grandfather must've told you, 'honest day's work'). Now, with us slidingfrom the industrial sector to the service sector, this image has changed to the big square jawed fellow, but with slicked back hair, a tie, suspenders, and 8 gallons of cologne that 'makes him smell like a real man' (of course, if you want to know what a real man smells like, don't shower for a month and don't wear deodorant or anything for a month, and then after that month, lift up your arms and take a big whiff). Women had different roles in society. They were to take — Though difficult to fathom, we live in the epitome of roledefined society. It's ironic that when many Americans sit back, they like to think and delude themselves with the notion that we live in a free society, full of real choice, and where one can "be themselves," etc. In the so-called Generation X that most of us belong to, and the younger generations, such as the millennium generation, who has never known a time period without Music Television (some of us like to call it eMpTY), there is even a class of people who pride themselves on just how different they really are - the 'alternative crowd' (of course, this begs the question of: If a lot of people are dressing similar in order to be different, just how different are they being? But thenagain, this question is from a guy who considers a normal day's set of clothes to be army fatigues, a sweatshirt, wanna-be combat boots, and a Suicidal Tendencies hat - though I assure you that I've dressed like this for quite a long time, and last year when I went to an '80s party, I wore the same clothes, because this is what I've always worn). But this is about roles in society, not about the clothes of an (A)narchist. So lets get on, shall we? care of the children and keep the house clean. Oldball and chain was how we referred to them (and still do, in some corners where Archie Bunker is not seen as merely funny, but a way of life). The old image of a woman centered around being at home, probably with an apron to have her "man's" dinner ready at 5:30 PM sharp. Barefoot and pregnant is the line people use today to describe it, but there were men who used to (and some who still do) see this as the way to keep women. But now, the image has changed. Women have allegedly liberated themselves. Abortion is now available to give personal autonomy, jobs are opened up considerably (though with an alleged glass ceiling, but I won't get in to that). Women can do a lot of the same things men can do (and even now have the opportunity to die in America's stupid wars true liberation!). TWISTED IDEALS One day this last summer, I was sitting in BJ's (a local bar in Fredonia) with my friend Jen, and we were having a couple of pints of beer, and a couple of women walked in. I did my usual turn to look at the door and see who it was; a natural reaction of mine. Seeing that it was nobody either of us knew, I turned back around and started talking. We immediately got into a discussion about makeup. I, of course, claimed the usual: Women don't need makeup, and that I believe it tends to detract from a woman who wears it, rather than add anything, my logic being that not only does it take away from physical beauty, but it would be neat to see - SO WHAT'S THE PROBLEM? Still, lots of disparities exist. For a woman to get where a 8 �man is, I believe that a woman has to work a little harder (but everyone, except for the perfect person, has to work a little harder overweight people with their image, gay men and women with homophobia, and blacks with racism, to name a few). But the problem is, that while women are still treated like objects (a grossly unfortunate aspect of our society that really must -rue -- be changed), many women seem complicit in this objectification. Makeup is only a small part ofit. Women who go to meat-market type bars, because they "have to hook up." A woman who cakes on the makeup because she wants to attract a man. Etc., etc. If men are wrong in seeking these attributes, then women must surely be wrong in going along with things. Now, before you start steaming at me, I am not making an argument like "a victim ofrape brings on their crime by dressing a certain way." The point is, if you want to stop being treated like an object, you have to show respect for yourself (this is true for men and women alike). TYING IT ALL IN Well, I am lost. I thought that I could tie in everything I wanted to say with just one simple sentence. But unlike my usual political diatribes, this just isn't possible. So Instead of a classical conclusion, I will simply state my points: Through time, some men have been overwhelming sexist pigs. Through time, women, lacking power, have had - no choice. - Over the years, women have considerably moved up their lot in life. Still, many women are treated like garbage by overwhelming sexist pigs. Unfortunately, it seems as though some women have no problem with going along with this. What is my point? I'm not saying that there are women sitting around thinking "wow, I'd really love to be treated like crap!" This just isn't true. But, perhaps some women should reallysit back and consider what is being done. Are you dressing up in a miniskirt and halter-top and luscious lip stick so that the guys will notice you? Then you are setting yourself up for this objectification. It isn't right that the guys treat you this way either, but then again, I don't go to an anti-war rally and shout "1-2-3-4 We don't want your racist war!" and then get upset that some guy is calling me a pacifist and a traitor. Women need to look inside to other women and see what they are doing that justifies animalism in the simple-minded (AGAIN, THIS IS NOT AN INDICTMENT OF ALL OR MOST WOMEN or a rationalization of men). Of course, if I wanted to write a column about the stupidity of men when it comes to this, it would take me a whole 20 page issue of the Opinion. Do you want to wear makeup or dress a certain way or do a certain thing? Then go for it! Be your own woman or man. But beware of what you do there are ignorant people afoot, and no matter how right you are or wrong they are, it won't stop the blatant ignorance that permeates society on gender and gender issues. Only time and hard work will do that. - - All submissions due Thursday by 5:00 pm in the Opinion office (in the basement). 9 ~g-£ CELABRtNITSD he D NAscTURL ISASTERS | 1 v€ LO vfa �These are the People in Your Neighborhood ... 1L Michael Arcesi during his office hours in the basement . We wish our office was this big. ... the People that You Meet Each Day Administrative Secretary Tiffany Lane Weiss, who's a good reason to visit Dean Shields office. Translation of our Latin motto: "You give me the idol, I'll give you the whip." 10 � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Opinion, 1998-02-23 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. The Opinion no. 9 23.02.1998 Date Issued Date of formal issuance (e.g., publication) of the resource. 2/23/1998 Bibliographic Citation A bibliographic reference for the resource. Recommended practice is to include sufficient bibliographic detail to identify the resource as unambiguously as possible. 38 9 Publisher An entity responsible for making the resource available University of Buffalo State University of New York at Buffalo Law School Language A language of the resource eng Type The nature or genre of the resource Newspapers Text Is Part Of A related resource in which the described resource is physically or logically included. LIB-LAW003 Rights Information about rights held in and over the resource <a href="https://rightsstatements.org/page/CNE/1.0/">COPYRIGHT NOT EVALUATED</a>. The copyright and related rights status of this Item has not been evaluated. Please refer to the organization that has made the Item available for more information. You are free to use this Item in any way that is permitted by the copyright and related rights legislation that applies to your use. This digital collection is made available for research and educational purposes. Researchers are responsible for determining copyright status, and securing permissions for use and publication of any material. Copyright for items in this collection may be held by the creators, their heirs, or assigns. Researchers are required to obtain written permission from copyright holders and the University Archives prior to reproducing or publishing materials, including images and quotations. For inquiries about reproduction requests and permissions, please contact the <a href="http://library.buffalo.edu/archives/">University Archives</a>. If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/3b79e692cbc9f2f7f132a15ed47032af.pdf 671d98491b4c54b3b053ff901b5636a8 PDF Text Text :t.1. T •- _ •' • ••,A•A<. 0 • .,N• •• . TI . ••_.;_. "Vi veri veniversum vivus vici. " Vol. 38, No. 8 Who Could Smell 02.16.98 O'Brian? be irritating to the eyes and skin. The odor and vapor from the chemical was picked up by the building's air handler and circu­ lated through the building. The air handler is a system of fans and controllers that circulates in the building what is for the most part recycled air. In a phone interview, Henry explained that the chemical, named Inhibitor MB-60 was a corrosion inhibitor from the family of chemicals called Amines. As its name suggests, it is added to water circulating in the heating loops of O' Brian Hall to prevent corrosion. In general, Inhibitor MB-60 is not the only chemical added to water circulating in the heating loops. Many circulating loops contain water with algaecide and bactericide. However, they do not emit an odor. Henry said that although spills of this kind are not routine, by Sol Sandberg On the morning of February 9th, a call went out from the Dean's office seeking an answer to a vexing question facing the UB Law community. The question: why did the school stink? Ear­ lier that morning, members of the faculty and staff complained to the Dean's office about burning eyes and a foul odor circulating on the upper floors of O' Brian Hall. While servicing a malfunction­ ing valve in an interstitial space that houses a mechanic's room between the seventh floor and the roof, members of the mainte­ nance staff had sometime before spilled some water mixed with a chemical substance on to the floor. According to Lou Henry, the Director of the Occupational and Environmental Safety Department, the chemical component, although not toxic, had a vapor with a sweet acrid odor which could Continued on page 3 Summer Fellowship Applications Available Women's Law Center Seeks Interns by Russ Klein by Russ Klein BPILP fellowship applications will be available in the Ca­ reer Development Office (CDO) on Tuesday, February 17th. Summer fellowships are a minimum $2500 for 10 weeks of public interest related work. There are also 3 fellowships avail­ able for $3250 for 13 weeks of public interest related work in New York State. Along with the regular fellowships, three student groups (Outlaw, LALSA, and DVTF) will offer Co-Op fellowships. These fellowship applications will require separate essay questions, and will also be available in the CDO. All applications must have an accompanying agency state­ ment assuring placement anywhere in the US and abroad. Applications will be due in the CDO office on March 25th, at 5 PM. The Women's Law Center is seeking interns to help set up the office, write grant proposals for funding, perform client in­ take, and assist the attorney in representing clients. The Women's Law Center is re-opening in the area after a brief absence. A subsidiary of the YWCA of Niagara, the Women's Law Center provides legal service to women as one component of the YWC~s comprehensive Alternatives to Domestic Violence Program. Continued on a e4 Inside the Opinion ... Johnnie Cochran Speaks ......................................... .4 Images in Male Returns ........................................... 8 Big Opinion Survey................................................ 12 And other news, cartoons, columns, and feautures ... 1 �Editorial Last week, my grandmother died. Emotional stuff aside, this meant three things to me: 1) After all these years, I would finally be able to justifiably skip class. 2) After only two issues, I wouldn't be around to work on the News Briefs and layout of the Opinion, which led me to speculate that Russ and Ken would prob­ ably make it look a lot better, just to spite me. And 3) Do I really have a cohesive moral syllogism that puts me in favor of the right to die? Let me preface this by saying that my convictions are never that rock-solid. In an uncertain world, ambiguity reigns, and the existence of a god, the righteousness of environmental­ ism, and the surety of wearing seat belts, are always subject to skepticism. I lean toward pro-choice but question whether or not this is because of some abstract foresight to an inconvenient situ­ ation I might find myself in someday, I lean toward pro-anarchy but question if I could truly be responsible for myself without any laws, and I lean toward pro right-to-die because the idea of wast­ ing away in some stinking cesspit of a home during my final years terrifies me. The personal is political. The political is very self­ ish. My intellectualization of death--which at the point of in­ tellectualization ceases to become death, and becomes a "right"-­ starts with the basic premise of self-determination. I possess my life, I have exclusive rights to it, and should I wish to terminate it, there should be no question as to my power to do so. Two hundred years ago, in a system of strict liability, this would have been true. Today, however, there is a new ethic pervading our soci­ ety--negligence. Nothing I learn last year made me more livid. Through this mindset, if not the actual legal application, we can see links between my death and the death of another. Let's say I decide it's time to go. Fulfilling the dream of years, I leap out of a plane without a parachute, and let my (nine­ decade, ten-decade?) old body plunge to the earth. Blammo. I'm dead. Any friends I have left go out drinking. The end. Or so it should be. But let's say, seeing me off myself so graciously, the family of a feeble old person, or perhaps a young victim of terminal cancer, encourages them to do the same. Un­ like me, however, these people have decided it's not their time to go, that they don't want to die, and that, at long as they keep mak­ ing those fun new painkillers, it just isn't their time. Their family pressures them some more. They consent. It's all perfectly legal. But. When messing around with life, it is best to wear kid gloves. It's one thing to be a role model influencing kids to "just do it." It's another to set the precedent to "just end it." Well, round and round, my problems go, but there's usu­ ally one point where I get off, and it's usually only a stone's throw away from certainty. It goes back to something my Father used to tell me, usually when he was somehow conveying the message "no sympathy." It went like this: "Monkey see, monkey do ...." You know the rest. And the meaning? The human race can not be held responsible for the individual weaknesses of its members. Legally speaking, especially in the current tort-frenzied climate of the law, this argument doesn't hold much water. So is there a constitutional "right to die?" Sure. Well, as much as there is a "right to travel," or "right to privacy," or "right to choice." However, this editorial is not meant to grapple with what we've done to the Constitution. Oh, well. Someday we'll get it right. I mean, if there is a "right." Huh. Howza 'bout that wonderful voter turnout in Maine? -- S.A. Cole Editor in Chief. ................................................................ S.A. Cole Staff: Music Guru .......................................................... .Justin Archangel Columnist. .............................................................. Kristin Greeley News Reporter ................................................................. Kevin Hsi Columnist. .................................................................... Randy Janis Graphics and Layout Editor ........................................... Ken Grant Business Manager ........................................................... Dan Baich Managing Editor I... .................................................. Cindy Huang Managing Editor 11....................................................... .Joe Huang Columnist.. ............................................................ Katie McDowell Op/Ed Editor ................................................................. Russ Klein News Editor ............................................................... Sol Sandberg Columnist. ..................................................................... Adam Perri Photographer .............................................................. Rich Ram din The Opinion, SUNY al Buffalo Amherst campus, 7 John Lord O'Brian Hall, Buffalo, New York 14260, (716) 645-2147, is published weekly throughout the Fall and Spring Semesters. The Opinion is the student newspaper of the State University of New York School of Law. Copyright 1998 by the Opinion, SBA. Any reproduction of materials herein is strictly prohibited without the express consent of the Editor-In-Chief and piece writer. Submission deadlines for all articles are every Wednesday preceding publication (if it's on disk, you can push it to layout time on Thursday ...no later that 6:00 PM, please). Submi.ssions should be saved in IBM Wordperfect 5.1; please enclose printed copy for safety's sake. Write your box nµmber on your disk if you want it returned. While the Opinion will not print libelous or anonymous material, all submissions shall be printed entirely and exactly (so proofread your materials), provided they are signed submissions from a member of the UB Law community (students, faculty, staff, alumni). The Opinion in no way endorses the viewpoints of its various columnists and contributors. Considering that the Opinion isn't actually a sentient being, it also doesn't think there's anything wrong with any viewpoint expressed in this publication. Vi Veri Veniversum Vivus Vici. "We have a First Amendment and we know how to use it." 2 �Who Could Smell O'Brian. .. Continued from page 1 complaints about odors in buildings are common. Usual causes of odors are laboratories, trap odors, maintenance, pepper spray ac­ cidents and tar. According to Henry , 90% of the odors are gone by the time staff from the office of Occupational and Environmental Safety arrive on the scene. Henry noted that smell is a subjective thing with some people having a high sense of smell an others a low sense of smell. In the case of the chemical spill this past Tuesday in O'Brian Hall, he denied any danger saying," The nose starts picking up smell at a couple of parts per million ... The nose is amazing. You would be shocked at the sensibilities of the nose and fortunately for most matters the threshhold that you start to smell is far below the threshhold of health hazard." He added, "You also have to look at the cumulative exposure to the chemical." To get rid of the smell, workers from the Office of Occupa­ tional and Environmental Safety used the air handler. Usually, the air handler recycles about 90% of the air and takes in 10% from the outside. The air handler was set to take in a greater fraction of air from outside. According to Henry, after a few hours the smell was gone. Some students agreed with Henry's assessment of the situa­ tion. However, Russ Klein, a 2L, said "the building always smells," and Brenda Tomes, also a 2L, stated "when I entered the building in the evening I still smelled the odor." At least one student was oblivious to the smell. Nancy Saunders said "I smelled nothing." The Office of Occupational and Environmental Safety is re­ sponsible for all safety concerns that are not in the province of Public Safety. With a staff of 27 people, they are responsible for fire safety, life safety, chemical safety and radiation safety for a 131 buildings. They also handle industrial hygiene, workers com­ pensation claims, accident reporting, safety training and asbestos management. New Recruitment Effort to Increase Applicant Pool by Sol Sandberg The Office of Admissions has extended the deadline for ap­ plications to the Law School from February 1 to March 15. The extension was made to increase the applicant pool because a large number of applicants, some of whom have strong academic back­ grounds or are non-traditional students, were not able to take the LSAT till February. With the new deadline in effect, the school will consider LSAT scores from the February administration of the LSAT as well as the December LSAT. Under the old deadline, the De­ cember LSAT was the last LSAT administration to be considered. While extensions have occurred in the past, this extension is part of a new law school recruitment effort according to Marie Mcleod of the Office of Admissions. Coinciding with a university­ wide effort to recruit better students to UB, the law school's re­ cruitment effort is a self-driven response to the nationwide shrink­ ing of the applicant pool, a trend that has occurred for the past six years. The drop in the number of applicants has led to increased competition among law schools to attract fewer well-qualified ap­ plicants. Based on a study of the resources available at other law schools to attract applicants, UB's recruitment effort will involve increasing marketing, adding staff at the Office of Admissions and offering more financial aid to deserving applicants. According to Aundra Newell Shields, Associate Dean for Admissions and Student Services, representatives of the Law School attended 30 recruitment events-up from 15 last year- in­ cluding school fairs and targeted visits to schools with whom the Law School has a relationship and the Law School Forums in Wash­ ington, D.C., New York City, Boston, Atlanta, Texas, Chicago, and Los Angeles. Between 2,000. and 7,000 students attend each of the forums. UB was also one of twenty five participants in the pilot project of the LSACD-a CD-Rom containing information about the LSAT and legal education from the Official Guide to US Law Schools, and the catalogues of participating law schools. The CD-Rom were distributed at various Law School Forum. Further facilitating access to information by computer savvy potential applicants, the UB Law application as well as all cata­ logue information and additional information on faculty, curricu­ lum and the student body are now available on-line. As part of its effort to increase staffing, Office of Admis­ sions is currently seeking to hire a recruiting specialist whose pri­ mary focus will be expanding recruitment and marketing. Currently, most recruiting, especially at school fairs and forums is done solely by Dean Shields. Concluding that providing more financial aid is necessary to attract worthy applicants away from the competition, the Law School is providing financial aid services to accepted applicants above and beyond what is available through the central Financial Aid Office. Starting last year, full and partial tuition scholarships were offered to accepted applicants on the basis of merit and need. Currently, there are approximately one thousand applicants for two hundred and ten seats in the first year class. Those Were the Days ... Part 1 by Russ Klein The University at Buffalo, School of Law is probably per­ ceived by most current enrollees as a pretty tranquil place - almost to the point of apathy (have you noticed our Letters to the Editors section of late?). The most controversial groups in the school, like Outlaw, are well recognized as having a place here. But there was a time when things were different. .. In 1987, this very law school was so besieged with problems, that it actually enacted a hate speech code, known as the "Faculty Statement Regarding In­ tellectual Freedom, Tolerance, and Prohibited Harassment" (aka the Faculty Statement). Hard to imagine, huh? The incidents surrounding the Faculty Statement are no doubt very interesting, if not disturbing (on the part of all those involved). The Opinion archives show that in the Spring of 1987, a series of very unfortunate events took place: anonymous notes left in the mailboxes of some female students, containing anti-feminist and anti-gay comments, and even personal threats. One woman re­ ceived a decapitated teddy bear in her box with red nail polish around the neck. Another woman received feces wrapped in tin· foil, and her car tires were slashed in the parking lot. Finally, there was quite a bit of graffiti around the law school (bathrooms, desks, movie screens, and pay phones - the graffiti was racist, anti­ feminist, and anti-gay in tone). In response, on October 2nd, 1987, the Law School Faculty unanimously adopted the Faculty Statement. __ C_o_n_t,...in_u_e_d,_o_n_p_a_g_e Continued on top of next column 3 �Second Annual Outlaw Dinner by Russ Klein The Second annual outlaw dinner will be held on Saturday, February 28th at the University Inn. "A Work in Progress: Justice for Lesbians, Gay Men, and Bisexuals" will feature opening remarks by Dean Barry Boyer, Bill Goodman (President, Bar Association for Human Rights ofWNY) and Professor Estelle Lau. The keynote speaker will be Lavi Soloway, National Coordinator of the Lesbian and Gay Immigra­ tion Rights Task Force, speaking about "Lesbian and Gay Immi­ gration Law." Tickets must be purchased by February 24th, and is $10 for students, and $25 for others. The dinner will feature a cash bar starting at 6:30pm and a buffet dinner beginning at 7pm. To pur­ chase tickets, stop by the Outlaw table on the second floor of O'Brian Hall this week Tuesday, Wednesday and Thursday from 10-2pm. Tickets can also be purchased by calling 836-6148 (BAHRWNY)or 883-6165 (Outlaw). Women's Law Center... Continued from page 1 The Women's Law Center serves a population ineligible for Legal Aid whose income is insufficient to obtain individual repre­ sentation. For those unable to take advantage of the opportunity this semester, future placement is possible through the Family Vio­ lence Clinic ( contact Clinic Director, Suzanne Tomkins, Room 613), or though independent studies and summer internships. Students interested in working during the current semester should contact Eileen T. Duggan, box #364. WBFO to Host Discussion Panel by Ron Link A Student Panel discussion program is currently in the works for broadcast on WBFO radio. The issues discussed will vary but might include topics on a variety of different public problems both local as well as national in scope. Those students who may be interested in participating by sitting in on the discussions and expressing their opinions are wel­ come to respond. Interested parties should contact Ms. Jennifer Roth, general manager, WBFO at 829-2880 or leave notice of your interest in mailbox #104. Bridge Courses Familiarize Students with Specialized Areas of the Law by Mary Jane and Denis Uminski Bridge Courses enable law students to explore more special­ ized areas of the law. In January, the Law School offered a bridge course called "Adoption Issues" which was taught by Pamela Thibodeau, Esq. The course covered agency and private adoptions, including international and foster care adoptions. At the state level, attor­ neys must be familiar with provisions of the Family Court Act, the Domestic Relations Law, the Social Services Law, as well as local requirements of the Family and Surrogate's Courts. At the federal level, they must be mindful of the Indian Child welfare Act and of Immigration Law. Ms. Thibodeau emphasized the importance of sensitivity in dealing with both the birth parents and adoptive par­ ents. She also emphasized the importance of encouraging partici­ pation of adoptive parents in adoption support groups. She invited two members two members of Families Inter­ ested in Adoption to make class presentations; Susan Saur, Adop­ tion Social Worker with Erie County Surrogate's Court, and Mary Jane Uminski, Publicity Chairman for FIA and wife of 2L Denis Uminski. They spoke about the issues and concerns of birth and adoptive parents, local support groups and the process at the Surrogate's Court. During this session, each student received a copy of the FIA Factbook and Newsletter, a list of support groups in Western New York, and information on positive adoption language. Students had an opportunity to examine the "Blue Books" listing children waiting for adoption in New York State. It was emphasized that hundreds of adoptions occur every year in the county and they are positive and beautiful experiences. Students were told that it is relatively easy to adopt and that there are many ways to adopt, ANNOUNCEMENTS The Association of Women Law Students requests any infor­ mation regarding items missing from a locked cabinet in their of­ fice (Room 10, O'Brian basement). Among the missing items are five t-shirts for sale by a collaboration of Student Organizations concerned with social justice. CA S E N OT E COMPETITION First Years: The casenote competition for selec­ tion to law reviews and journals, including the Buffalo Law Review, will be held for the first time over spring break. You will receive more information in your Per­ spectives class as the break draws near. The Opinion has gone cyber. ;) <http://wi ngs.buffalo .edu/law /opinion> Would you like to write for THE OPINION? All submissions due Thursday by 5:00 pm in the Opinion office (in the basement). Continued on page 4 5 �Bridge Courses... Continued from page 4 depending on the needs and back­ grounds of the adoptive parents. Finally, students were shown a copy of Look Who's Adopted, a children's book written by adoptive fa­ ther Mike Taheri, a local criminal de­ fense attorney and member of the UB Law faculty. Interestingly, two law stu­ dents had personal experience with the adoption process. One was an adoptive father of two, and the other was an adoptee who had located his birth fam­ ily. At the conclusion of the course, students were evaluated by their prepa­ ration of a set of legal forms for a pri­ vate adoption. Professor Thibodeau discusses an adoption form with 2L Paul Barr. Johnnie Cochran Speaks at NBLSA Conference in Buffalo by Kevin Hsi On February 6, 1998, famed attorney Johnnie Cochran, a member of O.J. Simpson's legal "Dream Team", spoke at the 30th Northeast Regional Conference of the National Black Law Stu­ dents Association which was held at the Buffalo Hilton in down­ town Buffalo. The conference's host was the U.B. Law School chapter of the Black Law Students Association (BLSA). Cochran spoke at the conference's Frederick Douglass Luncheon before a crowd of over 150 lawyers, judges, politicians, reporters and law students from over twenty schools in the Northeast region. Ap­ proximately two dozen U.B. law students also attended the event which took place early Friday afternoon. Aside from Cochran, students also heard from other speakers such as Deputy Assembly Speaker Arthur Eve, an Assemblyman from Buffalo and Robert Johnson, the District Attorney of the Bronx. Cochran focused his speech on the themes of the conference which were excellence, service and professionalism. Throughout his speech, Cochran cited quotations from famousAfrican-Ameri­ cans such as Frederick Douglass, Martin Luther King, Jr., Marcus Garvey and Michael Jordan. However, due to Cochran's involve­ ment in certain ongoing and high-profile litigation, he made no direct references to his role in the O.J. Simpson case. Likewise, Cochran did not discuss his role in the Latrell Sprewell case and the Cynthia Wiggins case which involves a wrongful death law­ suit against the Walden Galleria and other entities by the family of an African American woman from Buffalo who was killed in the winter of 1995 while crossing a busy street across from the mall to get to work. An investigation found that the mall had a policy of refusing to allow city buses to drop off people at its entrances due to alleged safety concerns. On the theme of excellence, Cochran said that students should "make excellence your goal in your every role." However, he then reminded his audience that "it's not all about money, power or your position over others." Cochran then quoted Maria~ ~rig~t Edelman, the head of the Children Defense Fund, who said don t just strive for money or power. They won't save your soul or help you sleep at night." Cochran also warned his audience that as people of color, "you will encounter things which the majority culture never had to deal with ... Our society is changing very rapidly. Within these changes lie some very sophisticated veils for racism." Cochran said that he viewed the ongoing attacks on affirma­ tive actions as "just another veil for racism" and that "when you see racism, call it for what it is or else it'll continue." Cochran felt that as lawyers, "you can use the law to help change society for the better." He said that he had learned how this could be true when he heard about Thurgood Marshall on the day the decision in Brown v. Board of Education came out. In his ac­ knowledgment of Marshall and other civil rights pioneers, Cochran reminded his audience that "all of those who came before you paid the ultimate price to help get you where you are now." Giving some insight and advice as to his own status in the world, Cochran said that being successful, "is not a popularity con­ test. It's not about who's going to love you or who's going to hate you. It's about who's going to respect you." On the theme of professionalism, Cochran mentioned that law students are "going into a profession which is being denigrated by many." Using Hollywood as an example, Cochran lamented that the portrayal of lawyers have changed a lot since the early 1960s classic To Kill A Mockingbird, where a lawyer like Atticus Finch was held up as the ideal. Nowadays, he says, the portrayal of lawyers have went from The Verdict (corrupt lawyer) to The Firm (corrupt firm) and now The Devil's Advocate (lawyers as Continued on page 9 5 �.·:;··:H ........:i· :-•··'.· .·_ The thing that ·:f{'j\( ')'l:k'.:::'.;) most people latched onto, · .., ' ·.._.· :::,,:::t.,,,l:'.:!; as soon as we learned who \ ._ .... -· we were dealing with, was that Ted Kaczynski was a --~~rt':_ -~ . . A~LEAFQR~rABOMBER; ·:, When Theodore Kaczynski agreed last month to plead guilty to charges that he was the so-called Unabomber, a small part of me was fairly let down. Of course, in the court of public opin­ ion, where you and I get to play judge, jury, and executioner in our minds, most of us had tried and convicted Ted Kaczynski -- some people I know had, in their minds, sentenced him to a pretty grue­ some execution at the hand of the state. I was not one of those sentencing Kaczynski to death in my mind. Besides the fact that I personally had seen no evidence proving his guilt (no, "but the FBI says they found this, that, and the other thing" is not good enough to me ...especially when its relayed through CNN Headline News via FBI leaks), I was hoping that the man who stood for much principle and morality through his admittedly Machiavellian methods would step forward and say "I did it, and this is why." For those of you not "in the know" (and I find it hard to believe that there are many of you with regards to this case), the accused Unabomber was so named because of a number of mail bombs that were sent out to university, research, and airport re­ lated targets (hence the nickname "unabomber"). In his reign of some 17 years, 3 people were killed, and quite a few injured. Some of the correspondence between the "unabomber" and the authori­ ties referred to a group, and not an individual behind the attacks. Many of the coded messages including the manifesto he later black­ mailed the Times and Post into running were signed "FC." No­ body has really figured out what it stood for (especially since the messages always referred to the bombers as "we"), but some specu­ lation was that "FC" stood for "Fuck Computers." The FBI released a sketch of who they thought was the Unabomber, and it is noted that the drawing looks, no matter how much I draw on my creative energy, nothing like Ted Kaczynski. For a long time, the "unabomber" sat atop the FBI's most wanted list, but people generally knew little about him. Then, out of the blue, the unabomber made threats to blow up planes at airports, and basically blackmailed the New York Times and Washington Post into printing his manifesto, Industrial Society and its Future. Shortly thereafter, with leads starting to actually come in, a man named David Kaczynski came forward and said that the writing and evidence made him suspect that his own brother was the "unabomber." Ted was arrested, and after a lot of time, some news­ worthy happenings (read a newspaper to find out), etc., we came to this point, with Ted pleading guilty in exchange for a life behind bars. ; .· · . :, .· . < ~11::,~~:~:\:1:V are all used to. Who uses a manual typewriter anyway? That's like using black and white film! Unbelievable. By most of society, Ted was labeled "sick," "crazy," and "mentally disturbed." It is questionable whether this "most of society" that I am speaking of actually read Industrial Society and its Future. It is questionable whether much of society has even questioned the society that we all live in at all. TED AND ME So at this point, the casual reader is probably thinking "ok, so you think we unfairly characterized Ted K -- so what, we do that to everyone! What's it to you?" 1 have, for a long time, had a strong sympathy for those who are anti-technology. I could never figure out why, or how to get out of where I am now, and I definitely don't condone murder/bombing, but stuff like Herny David Thoreau's Walden seemed incredibly appealing to me. My life started changing more appreciably when my friend Jen loaned me a book called 4 Arguments for the Elimination of Television by Jerry Mander. While most of my inherent political views ques­ tion the existence of government, this was the first book that I had really read that dove deeply into the subject of questioning the existence of our type of society. As you might guess, the book had a Jot Jess to do with just television, and more to do with every­ thing that is wrong with a society that builds itself around televi­ sion. Anyway, shortly after reading the book, I decided to act on something that I had wanted to do for a Jong time: I stopped eating all meat, and went vegetarian (I hope some day I can make the big step to veganism, but that is a long way off for me). Be­ sides satisfying my moral dilemmas on the slaughter of animals, I started actually feeling physically good after eating my meals. I no longer felt really sick after eating dinner at Governors dining hall or Putnams or Baldy Walkway (though one need not eat meat to get sick eating at these places). After a while, when I realized this pattern of eating and not getting sick, vegetarianism became easy. Very easy. Soon, I read a few other books and essays that solidified my views. My friend Kevin told me about a woodsman named John Muir (and even though I made fun of Kevin about the books, I did listen to what he had to say about Muir), I read a short play (on Kevin's recommendation) called The Night Thoreau Spent in Jail (by Jerome Lawrence and Robert E. Lee), a semi-fictional re­ telling of Thoreau's great act of defiance in refusing to pay taxes 6 �to support our war with Mexico, and several other books and es­ says, too long to list here (though I will specifically recommend Thoreau's A Plea For Captain John Brown - which this essay's title is based on). So over time, my views allowed me to understand what sort of society the "Unabomber" wanted. Believe me: 8 or 9 years ago, I'd have thought he was some sort of leftist freak (as it turns out, he is highly critical of both the right and the left). Now I can see the call to lesson this society's dependence on technology (yes, it does seem ironic that I am typing this on a computer). TED AND YOU But why should you care? You may not agree with every­ thing Ted Kaczynski did -- for example, I don't agree with his methods of terrorism and murder. But you should give second thought to his message. Remember, this "technology" era that we are in now is fairly new and quick to set up on us. I remember not too long ago, that computers were a rare thing to see. In Spring 1994, when I lived in McGinnies Hall at Fredonia State, my friend Jon let me borrow a Volker-Kraig dumb-terminal so I could do my email from my room. I was the only person in my hall to have anything resembling a computer ( and we are talking stone age com­ puting here ... 1200 baud modem, and a screen that looked more like a microwave than a monitor). Now, when I walk down where I live, every room has a computer in it, just 4 short years later. Do you think that all this radiation, combined with the radiation from our televisions that most of us have in every room, has no effect on us? Have you ever wondered why people seem to suddenly snap and pull out guns and start blowing away complete strang­ ers? Its the society around us! Its dizzying, its unthinkable• and it didn't exist not too long ago in this form. People go to Niagara Falls, and when they get to Clifton Hills, they see the most amazing array of lights, tourist traps, and pseudo-garbage that anyone could ever imagine. Could you pie­ -lure it?. One of the most amazing natural phenomenons need'! to have the bright lights of Oifton Hills near by? In the park that runs parallel to the falls acr~ the street, there is actually a foun­ tain •· as my friend Jen said, do you think with the Falls right across the street, there is somehow not enough water entertain­ ment that they need this little artificial fountain (and people were sitting around the thing!)? This summer, when my friends and I made a short day trip to Arkwright Park in Chautauqua County, near the first high water fall (I was too chicken to climb down the side of the cliff to get to the second water fall), therewere tons of beer cans, garbage, bottles, etc. Same thing when I visited Fredonia reservoir 2 years ago -- beer cans, bottles, cigaretterefuse, etc. to ourselves. The human body has shown that it isn't meant to withstand this, and now the human mind is showing that it isn't meant to withstand this either. Thoreau's Walden may be a dream to me, but someday .. The Earthling by Ken Grant IN MY LIFE (Lennon/McCartney - Submitted by Katie McDowell) Thereare places I' II remember All my life though some have changed Some forever not for better Some have gone and some remain All these places have their moments With lovers and friends I still can recall Some are dead and some are living In my life I've loved them all But of all these friends and lovers There is no one compares with you And these memories lose their meaning When I think of love as something new Though I know I' JI never loses affection For people and things that went before I know I' II often stop and think about them In my life/ love you more YET THIS IS WHAT OUR HIGH TECH, POR­ TABLE, MODERN SOCIETY IS GIVING US!!!! CONCLUSION I can't speculate as to what was actually inside the mind of Ted Kaczynski, but it seems so apparent to me that he has hit on something that is fundamentally wrong with the way things are going. Maybe we don't need to be constantly surrounded by ever increasing amounts of technology every where we go. After all, there is plenty to see out in the real world of nature (when we aren't constantly using the planet as our personal land fill). Do I think anyone here is going to change their views on the Unabomber? No. But I sincerely hope that, if even for a sec­ ond, anyone reading this will stop and consider what we are doing Though I know I' II never lose affection For people and things that went before l know I' II often stop and think about them In my life I love you more In my life/ love you more 7 �IMAGES IN MALE A man was walking along and happened to spit. Three times. All in the same place. The man went on. The gobs of spit remained And one of the gobs of spit said: "We are here--but the man is not. " And the second said: "He is gone." And the third: "That is the only thing he came here for--to plant us here. Weare the purpose of mans life. He is gone, but we remain. " education" to change or, in the alternative, suppress, attitudes and outlooks it doesn't like. More forthright people recognize this as brainwashing. Among the strangest obsessions of the cultural elite is that the attainment of female equality requires the fundamental alteration of male sensibilities. Many women under the age of 30 are brainwashed to believe this, and virtually every man under the same age has endured some measure of shrill female dudgeon about sexual equality. 4 (Most of this dudgeon, however, is spread by the same small percentage of women, who claim to possess a deeper understanding of female problems, and claim therefore a concomi­ tant right to speak on behalf of their better adjusted sisters). Lay­ ing aside the question of what precisely was so unfulfilling in the lifestyle of the 1950s, where the female half of the population could live in comfort, leisure, and luxury, and concentrate its ener­ gies on child rearing, that the female authors and trend setters counseled women to seek the pleasures of the time clock and the delights of the labor force in preference, it is instructive to con­ sider what the cultural elite does not consider objectionable in the current status of women: A) that a woman's sex life is not exempt from the general coarsening of modem life, and women of all circumstances are conversant at a tender age with sexual practices and appetites that in better days one would not impute to a concubine; B) that a woman's initial insistence on pursuing a career to perfect her emancipation has ripened into a necessity to do so, with the consequence that her children are often reared by strangers; C) that the cultural elite's denigration of marriage, the most reliable guarantor of female financial and emotional security in every human society, have left countless women lonely and over­ whelmed, without a man's hand to caress her at night or discipline her children by day. These ugly consequences of the headlong rush for equality of obviously dissimilar beings possessed only of complimentary defects do not diminish the zeal of the cultural elite. What exer­ cises the cultural elite is the suggestion that somewhere a man may be telling a joke that, if told to a woman, might be subjectively insulting to her. They would have us believe that the telling of jokes by groups of men, out of earshot of women, is proof of a nebulous and ubiquitous phenomenon called sexism, and boys must be educated from an early age not to consider a joke amusing if it contains the faintest suggestion of ridicule. Underlying such a be­ lief is the idea that a boy's propensity to enjoy or invent such a joke is a function of his rearing, and a proper rearing will alter the heretofore nature of the boy. Anyone who believes that nurture can overcome the impulses of nature should examine the following graffiti unearthed in Ro­ man Pompeii. CAUTION: Those with delicate sensibilities should bear in mind that the author of this article is not the author of these graffiti, and blame for any discomfort that these messages may produce should be placed squarely where it belongs: at the feet of a Pompeiian graffiti artist: hie ego nunc futue formosa forma puella laudata a mu/tis, set tutus intus erat.5 ---Fyodor Sologub 1 The modem conceit that human nature is socially constructed is one of the most pernicious and odious examples of intellectual onanism. The belief that human nature is ever perfectible has inspired very vicious acts by very ruthless people as they endeav­ ored to flay mankind toward its putative ideal. German fascism dreamed of improving the quality of the German gene pool by eliminating elements of the population with perceived genetic or racial flaws.2 The Communist Party of the Soviet Union assumed control of all aspects of educational, economic, and cultural life in order to "re-engineer the human soul" and fashion homo sovieticus, a new type of human being that would approximate perfection. These two attempts to remake human nature were not the only ones in human history, only two of the most notorious. Goethe once remarked that if you examine yourself too closely, you will find that you are sick. Periodically in Western culture, callow members of the idle, privileged elite will strike an ethereal pose and claim to sublimate the gratification of their per­ sonal impulses for something they interpret as a "higher good," or a "common good." They then tum their gaze inward to examine the minute details of the society in which they live. Invariably, they find their society and the people who inhabit it lacking, and try to remake society in their own image. (The hippies proclaimed their intention to "put America on trial"). The 1960s produced many Young Turks who believed that the purity of their ideals would waft themselves and their cause to greatness, but in the event were content to claw their way to material success, social status and prominence in government. Many of these people con­ tinue to believe that human nature in malleable, and they are will­ ing to employ the power and influence of their offices and status to alter the way that human beings think and feel. The lynchpin of democracy is that a government and a society must trust its citi­ zenry. The fact that certain members of the cultural elite do not trust the decent instincts of the citizenry and urge the employment of the state apparatus to re-form those instincts causes one to doubt the dedication of the cultural elite to a system of political democ­ racy.3 Prevented by the nature of our system from re-forming so­ ciety at bayonet point, the cultural elite employs a process of "re- --c-o-n""'t .... in_u_e_d_o_n_pa_g_e_9 8 �Images in Male Continued from page 8 And another selection, with lexical choices one can only call unfortunate: Cosmus Equitiaes magnus cinadus etfellator est suris apertus Despite their age, these vulgarities would not seem out of place on the walls of virtually any bathroom stall at our university. The amazingly modern feel of these pieces is a testament to how little human nature has changed over millennia. Prurient human nature winks across the centuries at us in all its earthy glory, im­ pervious to change in technology, style of life, religious belief, or intellectual movement. Our commissars of speech and thought fill surely fail to correct what Christianity, the Enlightenment, and the Scientific Revolution could not alter. by Adam Perri Endnotes: 1 Fyodor Kuzmich Sologub, Russian Symbolist, 1863-1927. Translation by Bernhard Guilbert Guemey. 2 The eugenicists who founded Planned Parenthood in the United States shared the similar goal of eliminating what they per­ ceived as undesirable elements of the American population. 3 In nations where such people come to power on the crest of revolution, the consequences can be grim for those who do not measure up to their imaginary ideal. Our democratic system has prevented the excesses common to totalitarian regimes, but the difference between a Nazi book burning and a disciplinary hearing for a speech code violation at an American university is primarily one of degree. 4 Perhaps someday, observers will rediscover the courage to identify these rants as the hysterics that they so plainly are. 5 This and the following example taken from AMY RICHUN, THE GARDEN OF PRIAPUS: SEXUALITY AND AGGRESSION IN ROMAN HUMOR (1992), 82. The author of this article has omitted the translations which Richlin provides, and cautions the reader that these are very vulgar and exceedingly lowbrow mes­ sages. More Announcemen/1 Faculty-Student Happy Hour The Student Bar Association and the Administra­ tion invite everyone to come attend the first Faculty­ Student Happy Hour of the Spring semester. There will be free food, drinks, and a great chance to mingle with students and faculty outside the classroom. It will be held from 4-7 P.M. on Wednesday, February 25th, in the 5th floor faculty lounge. SBA To Hold Raffle The Student Bar Association will be selling raffle tickets outside the library on February 23rd and 24th. The drawing will be for one pair of Barrister's Ball tick­ ets and one $250 BAR/BRI scholarship. The drawing will be on the 24th at 4:30 P.M.. Johnnie Cochran Speaks ... Continued from page 5 employees of the devil). Nonetheless Cochran remains hopeful that current law stu­ dents can change this bad image since, "I assume that when you came to law school to become a lawyer, a part of you is doing it to make the world a better place than when you found it." On the theme of service, Cochran's main point was that pro­ fessionals and other successful people have an obligation to give back to the community from which they came from. "From those to whom much is given, much is expected. Don't forget that," Cochran said. Due to an apparent time constraint, Cochran had to leave immediately after his speech without talcing any questions from the audience or staying around for lunch. Despite his abrupt de­ parture, it was clear from the audience's reaction throughout the luncheon that his speech was well received. Following Cochran's speech was Arthur Eve, the Buffalo Assemblyman who is also the Deputy Assembly Speaker. Eve placed great emphasis on the importance of prayer and service and challenged law students "to go back to the communities around your school and seek out students from the worst school in the area and tutor them for an hour a month. I guarantee you that one hour will make a difference. After the luncheon, Robert Johnson, the Bronx District At­ torney, held a workshop on the criminal justice system for inter­ ested students. Johnson is perhaps most well-known for angering Governor George Pataki with his refusal to seek the death penalty in a case involving an alleged "cop killer" due to his principled stance against the death penalty. Defending his stance, Johnson pointed out that the death penalty statute signed into law by Pataki specifically states that "the death penalty cannot be imposed unless the county D.A. chooses to bring it up ... it is (solely) within the D.A. 's discretion." Johnson also pointed out that, "so far, not one death penalty case has come up to trial in New York state" since it was reinstated in 1995. Aside from discussing the death penalty, Johnson also dis­ cussed his role as the District Attorney, his view on the root causes of crime, working with the police and deciding when to show prosecutorial discretion. Johnson also defended his office against criticism that his office has not been tough enough on police bru­ tality and that the criminal justice system is biased against the defendant. In Johnson's view, it is the opposite that has occurred. For one thing, ironic as it may seem, he feels that it is the poor who have a better chance of achieving justice under the criminal jus­ tice system since many Legal Aid attorneys are better trained and qualified in handling criminal law cases than many of the private attorneys whom the middle class can afford. Johnson also ex­ pressed his satisfaction with the fact that "the D.A. 's office have been doing more on prevention nowadays." As with Cochran, Johnson's speech was well received by his_ audience and one student even publicly thanked him for his will­ ingness to stand up for his principles despite the political pres­ sures around him. Overall, the BLSA conference was seen by many as a success due in part to its ability to draw such prominent figures from the African American legal community. Letters to the Editor should be delivered to the Opinion's basement office or to box 95 or 27 (your choice). 9 �IRAQI DODGE BALL by Randy Janis Eight years ago, give or take a week or two, I was anxiously counting the days to my discharge from the Israeli army. Yeah I was a soldier in the Israel Defense Forces, a sergeant in fact, but I was not a commando, or paratrooper, just an average soldier serv­ ing on a base in Tel Aviv. With only three weeks left in my service the U.S. began to make preparations for Operation Desert Storm. Saddam Hussein promised that any attack on Iraq would be countered by an Iraqi strike on Israel. With Saddam's eyes set on Tel Aviv, my base became the bulls-eye on Saddam's scudboard. At this point in time the fear in Israel was that Saddam knew that he was soon going to Jose power and that he would leave his mark on the Arab world by dropping chemical scud missiles on Israel. I remember the night of the first U.S. strike on Iraq. I was on base doing my usual all night shift. I sat with an army buddy of mine, Troy, who also hailed from the U.S., Oakland, California, to be exact. We listened to a small transistor radio and impatiently waited to see what would happen. The radio reports claimed that America was striking military installations throughout Iraq. By 5am, reports were that U.S. and allied forces had destroyed all possible installations from which scuds could be fired on Israel. The threat was over! I had a 24 hour break until my next shift so I grabbed my bag and hitchhiked about 80 miles to the farm that I lived on during leave from the army. I didn't bother mentioning to my commander that I was heading home for the night. But why should I, the threat of attack on Israel was over? I arrived home stripped out of my uniform and hopped into bed. About 2:30am the phone rang, it was my Guatemalan neigh­ bor working the night shift at the farm's plastic factory. Get up! Get up! Chemical missiles! Chemical missiles! The war sirens blared. I grabbed my jeans, my gas mask, and dashed for the door. I was about a stride from the door when the phone rang again. Who in the hell would call me during a scud missile attack? Hello? Oh. Hi mom. No everything is alright. Uh huh. How are you? Great! Listen I can't really talk right now. I looked at the ceiling expecting a missile to come through any moment. No really all is well. Gotta go. Talk to you soon. Bye. My mother, sitting in San Francisco listening to CNN was forewarned of the scud attack on Israel before I was. I left my room and sprinted for the sealed room to which I had been assigned. I had an "adopted family" on the farm and I had been told to report to their house in the event of an attack. I raced over and we made last preparations before we entered the room. Each household in Israel sealed a room. Most families didn't descend to the neigbb(."lfhoodbomb shelters because there wasn't as great a fear of being hit by a scud as there was to being exposed to a chemical scud. Each family completely sealed up one room of the house. All windows were shut and taped repeatedly to prevent glass from shattering in the event of a attack Towels were stuck beneath the door and all other possible leaks were sealed with tape, towels, or plastic. I raced into the sealed room with Gili and Tzvika, my adopted parents, and Tamar, Ophir, and Alon. Gili, Tzvika and I, looked like anteaters with our gas masks on. Tamar, aged 7, and Ophir, aged 5, wore fishbowl like helmets that were connected to an oxy­ gen supply. Alon, the infant, was concealed inside a plastic bubble. We turned on the radio and waited. The whole country had been caught off guard. Missiles were hitting central Israel and we were told to stay in our sealed rooms until troops could be sent out to investigate whether these scud missiles carried chemical warheads. We sat in the room for three hours. Finally we were told that all fired missiles had been investigated and none carried chemical warheads. We were free to leave the sealed rooms. I called my commander and was told to get back to base ASAP. I hit the main road, flicked up the thumb, and began the trek back to Tel Aviv. Nobody was on the roads that day. Only soldiers. It was a very spooky experience. Scud missile attacks generally occurred at night. During the day the scud missile firing pads could be easily detected by allie_d forces. So the Iraqis took advantage of the darkness. Good for them­ bad for me. I had to report to the all night shift again. The nations sense of fear could be gauged by the number of packs of cigarettes I brought with me to each shift. That night I arrived with 3 packs. The one positive thing about the missile at­ tacks was that for once I could smoke a cigarette without the con­ stant guilt that I would only live to be 55. I was convinced I wasn't going to live to be 25 so I sucked down cigarette after cigarette with no shame. I was convinced that this was my last night. My friend Troy headed down to a bomb shelter that night and the serious hand­ shake and goodbye glances that we exchanged made me feel very uneasy. I waited and smoked and blabbed and paced. The night passed slowly and as the sun began to rise I breathed a sigh of relief. I was spared! I headed down to the showers. As I scrubbed and shampooed, I swore that I heard what sounded like footsteps of people racing around. Nab! Your paranoid. I continued soaking and heard it again. I shut off the shower to satisfy my neurotic hunch. I was right. The sirens were blaring and soldiers ran franti­ cally about. I grabbed my gas mask and literally streaked out to be with the rest of the soldiers. Lucky for them, the only thing those Israeli soldiers were exposed to that morning was not chemical missiles, but Randy in his birthday suit. Those Were the Days... Continued from page 3 The Faculty Statement has been blasted in books like Nat Hentoff's Free Speech For Me, But Not For Thee as the most egre­ gious example of a Jaw school bate speech code, and the Washing­ ton Post labeled it as an unconstitutional prior restraint to the first amendment. Members of the law school student body even took the school to court over the Faculty Statement. Yet, years later, the Faculty Statement is still in effect. Most people do not seem to know the incidents which surround it. Many people do not even know it exists. . Over the course of this semester, I will be taking an in depth look into the events that prompted the Faculty Statement, the State­ ment itself, and the aftermath. (This brief version of the immediate facts is based on the October 14th, 1992 issue of the Opinion. The article is called UB Law Policy on Hate Speech Generally Misunderstood, by Natalie A Lesh, page 6.) 10 �HOW DO I GET A SUMMER JOB AFTER MY FIRST YEAR IN LAW SCHOOL? Advice from The Job Goddess (Kimm Alayne Walton) sub­ mitted by Audrey Koscielniak The Job Goddess applauds all of you for hitting the legal career ground running. Why, when she was in your shoes, in her pre-Goddess incarnation, the Job Goddess was thinking, "If I max out my credit cards, can I spend the summer in Egypt?" You, of course, not only have the right instincts, but also the divine guid­ ance of the Job Goddess' pool of experts. You will be delighted to know that, approached, your first law school summer can launch your legal career into the stratosphere. How? The important point to remember about your first summer is not to focus on what your classmates will focus on that is, getting a paying position with as large a law firm as pos­ sible. There are at least three reasons not to do this. One is that unless you go to one of the tiny handful of schools whose first year students are sought by large firms, you will quickly frustrate your­ self by trying to break into their traditional summer clerkship pro­ grams. The Job Goddess does not want you to be frustrated; she wants you to be happy and fulfilled. Another, more important rea­ son is that you can get broader experience and much more versa­ tility from other kinds employers than you can from large firms. Where should you look, the Job Goddess hears you asking? Your happiest hunting grounds are likely to be small firms and judicial internships, and of those two, a judicial internship is likely to open the most doors for you. As you undoubtedly know, there are about a bajillion courts, between the federal court system, states, municipal courts, and specialty courts. All of them have judges, and judges all need clerks. As you know, the Job Goddess does not advise you simply to send out mass mailers. Instead, check with your career services director for alumni who are judges, and/or any judges who routinely hire first year summer associates from your school. Kitty Cooney Hoye, career services director at Notre Dame Law School, points out that "Judicial internships are won­ derful no matter what you intend to do after school. They impress law forms, governmental employers, and public interest groups." While your experience from judge to judge will vary, you'll un­ doubtedly get to research and sit in on a number of cases, which most students really enjoy. Donna Gerson, Assistant Career Ser­ vices Director at the University of Pittsburgh Law School (and herself a former federal judicial clerk) points out that you also get "A measure of deference new lawyers don't even get, because other lawyers will associate you with the judge." And on top of all of that, Kitty Hoye adds that you'll "Wind up with a great writing sample, and a judge's reference," both of which will be a real boon to your job search later on. The downside? Most summer judicial clerkships are volun­ teer positions, and the Job Goddess knows how you cringe at the word "volunteer." However, the experience is so great and will grease the nubile wheels of your career so well that she encour­ ages you to follow Kitty Hoye's advice, and "Volunteer 20 to 25 hours a week, if that's all you can afford, and get a paying job with the rest of your time." You would not be the first law student to spend a few hours week waitering. The other target the Job Goddess recommends for you is to work with a small firm. What's so super about a summer job with a small firm, you ask? You will typically get a lot more responsi­ bility than you would with a larger employer; in fact, you may well get responsibility and client contact that large firm associates don't get for years. How do you get these small firm jobs? With small firms, timing is everything; they won't hire you for summer jobs the previous Fall, the way large firms do, because they won't typi­ cally know whether they need anybody that far in advance. But to position yourself for when the fruitis ripe, Kitty Hoye recommends that you "Go to local bar association meetings in the Spring. A student membership is cheap! These meetings are a great oppor­ tunity to see who is doing what, and to let them see you in a non­ interview-pressurized situation." Kitty Hoye also urges you to let your career services direc­ tor know what you're looking for. "Most first years think that career services isn't there for them," she says. "It's not true! There are a lot of great jobs that are handed down from upper class people to students behind them. The career services office is a great place to find out about those jobs, because they usually hear about them first." Whether its a judicial internship or a small firm you decide to pursue, the Job Goddess urges you to not overlook the most direct way to a summer job: research who's who, and then go knocking on doors. Yes, it takes some nerve, but the Job Goddess has never known of a law student to go unemployed for more than a week if they were willing to pound the pavement and overlook a few "nays" in the process. In fact, the Job Goddess knows a Third Year law student, who got two - count 'em, two - summer clerkships with federal trial level judges by showing up the first week of sum­ mer vacation, knocking on the right door, and asking if they needed any additional help. As this story illustrates, judges sometimes underestimate how much of a workload they will have - and some­ times their clerks don't work out, or worse, they don't show up at all. The lesson here is that you must never, ever count yourself out of a job you'll enjoy. So set aside your dreams of big bucks from a law job next summer. Put in some time with a judge or a small firm, doing work you'll love, and wait tables to pull in cash if you need to. The Job Goddess assures you that there is no better start to the legal career that you want - and deserve, for getting such a head start! 11 SpecialdeliveryRalph Gaboury had himself delivered to Colleen Vilenski's home on Christmas Day, 1996 in a refrigerator box. from the Democrat and Chronical, 2.8.98 �SURVEY SAYS!!! We at the Opinion are interested in what you think of various facets of our everyday school life. Survey results will be published in a future edition of the Opinion. (1) Who do you think should replace Barry Boyer as dean of the law school? Someone within the Law School (Please specify _________ ) Someone outside the Law School (Please specify _________ ) (2) Do you like the "new curriculum?" ___ Yes --- No (3) Do you think that the Career Development Office does a good job? Yes No Unsure (4) Please rate the following aspects of the law school on the H, Q+, Q, Q-, D, F system) --- The Deans ___ The CDO (Career Development Office) ___ The Faculty ___ The SBA (Student Bar Association) ___ The Library Please leave all surveys in box 95 or at the Opinion office in the basement of O'Brian Hall 12 �STE ~~;tffe) ~· CI l -~--.. ) SENn THEM or-J f'\IV t=,~L- 5£1'11J Motil:Ic,,=t L.E,\AJ-x.r-Jst<'( 1:-1'-PEN'SES '"tF\-x~ '1'"J.~1> To :,e l.,\c£ 5ftI>~ll""U'-lSSITtJ -cc:> T~e. Me>u~Tfti:N.S of' :r:.·fffL-Y. S-r£t> 4 45TE.'P3 .., ~ SI. R !-S-r~~ :c J'\l5, t>c-v:rsE.-O Fl Pt..Ftl'I TO SOL.\H~: f\ L. L- yo~ R f~o?> LEtV\5~ u.. ~ooS .. LE"f iH ~ S. Y\TLI,Ai t)O~T~ \~X:M(;i ~ 13 �CROSSFIRE '' • • We are reviving an attempted tradition from the Opinion archives. Every couple of issues, we will offer a topic for debate, and invite all members of the law school community to partici­ pate in a debate format. CROSSFIRE!! TOPIC FOR THE FEBRUARY 23rd Issue: Should UB Law School con­ tinue to have a hate speech code? All comments and responses for the February 23rd CROSSFIRE!! are due Thursday, Feb­ ruary 19th by 5pm in the Opinion office or in box 95 (Russell Klein). ?te~-m-·. E"r,10R.1e.!. o!" 1s-t (Al- it-lf €M-'-Y wi1,FM.E.~r:or..,,._ ""'"~ oPt'fj \/10/97- ~ju,a,\o,. 'h,;...'> p ,- :u:o I/ 11/,'1 SvPl'l....,.L.A ~W r r J,-1.foO 1(,J.!q7-srory~ "II 3C0Pj'l j 1j,,/q,....,.ba,'<.., ~~;a.01-E,OO •/•~1~1p,,~r ;.:,~)fl,_;.,. t fl M05T c.oMMo.✓ NOISE 1-u~:ttP.D / fl) S6(.JJN 0 'x:ME~ r6 f- pEl..5pa.-nv5-S ~6tflJ P7~ H,00 C....~t,.h('>OI:., .,.;!we.-\..o.ve.~ E:ND of, ~l R>Ty€ftl.. '. 1. w 5'-""w I Nt,IIOfc,./le:-. 1 verKne,1111 1 Translation of our Latin motto: "Smooth and Refreshingly Different News for Today's Modern Reader." 14 � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Opinion, 1998-02-16 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. The Opinion no. 8 16.02.1998 Date Issued Date of formal issuance (e.g., publication) of the resource. 2/16/1998 Bibliographic Citation A bibliographic reference for the resource. Recommended practice is to include sufficient bibliographic detail to identify the resource as unambiguously as possible. 38 8 Publisher An entity responsible for making the resource available University of Buffalo State University of New York at Buffalo Law School Language A language of the resource eng Type The nature or genre of the resource Newspapers Text Is Part Of A related resource in which the described resource is physically or logically included. LIB-LAW003 Rights Information about rights held in and over the resource <a href="https://rightsstatements.org/page/CNE/1.0/">COPYRIGHT NOT EVALUATED</a>. The copyright and related rights status of this Item has not been evaluated. Please refer to the organization that has made the Item available for more information. You are free to use this Item in any way that is permitted by the copyright and related rights legislation that applies to your use. This digital collection is made available for research and educational purposes. Researchers are responsible for determining copyright status, and securing permissions for use and publication of any material. Copyright for items in this collection may be held by the creators, their heirs, or assigns. Researchers are required to obtain written permission from copyright holders and the University Archives prior to reproducing or publishing materials, including images and quotations. For inquiries about reproduction requests and permissions, please contact the <a href="http://library.buffalo.edu/archives/">University Archives</a>. If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/36043a66b3f506f829417f1928d5a4b1.pdf 81fc8b7a6d3fcdffd5649f637cc57b5b PDF Text Text Vol. 38, No. 7 "Vi veri veniversum vivus vici. " 02.09.98 SBA Discusses Opinion, BLSA, Barrister's Ball by Kevin Hsi addition, the SBA also plans to have a Town Hall styled meeting between the students and the administration. According to SBA President Bahaati Pitt, town hall meetings between the students and the administration "happened years ago until it got too volatile and the deans stopped doing it. We're going to try it again this year." So far, an exact date for the Town Hall meeting has not been set yet. The first major item of business concerned The Opinion. According to Bahatti Pitt, the SBA President, The Opinion needed to sell advertising to make up for the $5,000 it received from the SBA last year which she claimed was a loan. Various members of the SBA expressed concern that the were no ads in the last issue of The Opinion. Pressure from the Sub-Board (the university-wide student-operated bookkeeping service for student organizations) and the SBA's own uncertain financial situation were cited as The Student Bar Association (SBA) held its second meeting of the semester on February 3rd. This meeting was noteworthy for a number of reasons not the least of which the attendance was larger than usual given the presence of several members of the Black Law Students Association (BLSA) in the audience. The most heavily discussed items at the meeting concerned the financial loan made to The Opinion, a financial request from BLSA and whether. or not the SBA should donate some money towards the commencement reception for the graduating 3Ls. The meeting started off with some announcements about upcoming SBA events. These include the planned Faculty-Student Happy Hour in the faculty lounge on Wednesday, February 25th from 4 to 7 pm, the upcoming Barrister's Ball on March 21st (ticket prices have not been determined) and a school-wide raffle. In Continued on page 4 BPILP Solicits Students for Donations Effort Underway to Select Committee to Find Next Dean of UB Law School by Russ Klein The Buffalo Public Interest Law Program (BPILP) is once again soliciting donations from students towards their annual auction. The annual auction has become BPILP's largest fund raising event in their yearly effort to raise money for summer fellowships. Last year, 15 summer fellowships were sponsored for such jobs as the Unemployment Action Center, Legal Aid Society, and in such fields as disability law, women's rights, housing, and domestic violence (both in the US and abroad). Contributions from local business, faculty, and students helped to raise over $10,000. Some of the items that have been donated in the past by students include dinners, custom cassette compilations, a tour of by Sol Sandberg The effort is underway to form the committee that will identify potential candidates for the position of Dean of UB Law School. According to Provost Headrick who is in charge of forming the committee, the committee will most likely include Continued on paee 4 Inside the Opinion ... Dean Carrel on Loan .............................................. .4 Hemingway Spoof ................................................... 9 My Spleen Returns/ .................................................. 8 Plus More than "They" Want You to Know... Continued on page 4 1 �Editorial • • Olympic Media Ever aware that they were only one lightning bolt away from a face-to-face meeting with Zeus, the ancient Greeks held contests to honor the Gods. Today,the nations of the world converge every two years to hold events evocative of this ritual. Of course, these days, the only resident of Olympus invited is Nike. The other gods have been replaced. In step with our largely monotheistic society, the Olympics are now held for the honor and glory of once deity: the media. This year, we americans are not functioning at full deity capacity. With the Olympics up and running on the other side of the globe, it's hard to make the Olympics an exclusively U.S. event. So, it's time for us to stage our own face-off, right here in River City. The popular media, astute as ever, has realized this; however, the popular media, vapid as ever, has no sense of how to recognize genuine conflict. Hence, the best adversarial programming it's been able to cobble together is the sappy-looking "Breaking the Ice," a vapid reunion of white-trash Tonya Harding,and must-need­ cash Nancy Kerrigan. What this country really wants: a polemical grapple for the psychopathic prize, a wanton contest armed with bombs and blood.... Yes. The real question pounding in our hearts is: who will climb to the top of the sociopathic summit and go for the gold in domestic terrorism? You don't get this kind of entertainment on TV. Bob Costas: "Welcome to the 1998 Winter-of-our­ Discontent Olympics. Today's event is the Ideological Slaughter Triathalon. Commenting on the contestants performances is none other than Timothy McVeigh, winner of the 1995 gold for both the Disproportionate Vengeance Vault and Political Message Slalom. Tim also took, I believe, the silver for Militia-Movement Inspiration. Is that correct, 1im ?" Timothy McVeigh: "That's correct, Bob. I lost the gold by a hair to Saddam Hussein." Bob Costas: "A strong contender; although he might be feeling the heat from Clinton now that he's a two-termer." Timothy Mcveigh: "Good point, Bob. But enough about that. Let's take a look at this Triathalon. Boy, am I excited about this contest. The competition should be fierce. " Bob Costas: "And why is that, 1im?" Timothy McVeigh: "Well, Bob, you take a seasoned vet like the Unabomber. .. working alone, devoted to his Luddite ideology, utilizing the quasi-Federal entity of the Postal Service to deliver his homemade tools of destruction ...and you just have to stand in awe of the finesse. This, taken with his recent refusal to plead insanity.... well, you just have a very credible terrorist. This is no weekend militiaman--he put his whole life into this. " Bob Costas: "You made him sound so formidable. Does the Army of God really have any chance? Timothy McVeigh: "Hmmm ... well, never underestimate the power of anonymity, Bob. I mean--the Unabomber and the Army of God have been training for this roughly the same amount of time. Throughout it all, the Army of God has managed to retain their subversive, shadowy status. That's a major aspect of this competition. " Bob Costas: "Indeed, that's one of the parts of this Ideological Slaughter Triathalon. And the other two are?" Timothy McVeigh: "Well, Bob, those would be Technique, Continued on page 5 Staff: Music Guru .......................................................... .Justin Archangel Columnist. .............................................................. Kristin Greeley News Reporter ................................................................. Kevin Hsi Columnist. .................................................................... Randy Janis Editor in Chief ................................................................. S.A. Cole Graphics and Layout Editor........................................... Ken Grant Business Manager ........................................................... Dan Baich Managing Editor !... .................................................. Cindy Huang Managing Editor 11........................................................ Joe Huang Columnist. ........................................................... Katie McDowell Op/Ed Editor ................................................................. Russ Klein Columnist. ..................................................................... Adam Perri Photographer .............................................................. Rich Ramdin News Editor ............................................................... Sol Sandberg The Opinion, SUNY at Buffalo Amherst campus, 7 John Lord O'Brian Hall, Buffalo, New York 14260, (716) 645-2147, is published weekly throughout the Fall and Spring Semesters. The Opinion is the student newspaper of the State University of New York School of Law. Copyright 1998 by the Opinion, SBA. Any reproduction of materials herein is strictly prohibited without the express consent of the Editor-In-Chief and piece writer. Submission deadlines for all articles are every Wednesday preceding publication (if it's on disk, you can push it to layout time on Thursday ...no later that 6:00 PM, please). Submissions should be saved in IBM Wordperfect 5.1; please enclose printed copy for safety's sake. Write your box number on your disk if you want it return!!d· While the Opinion will not print libelous or anonymous material, all submissions shall be printed entirely and exactly (so proofread your materials), provided they are signed submissions from a member of the UB Law community (students, faculty, staff, alumni). The Opinion in no way endorses the viewpoints of its various columnists and contributors. Considering that the Opinion isn't actually a sentient being, it also doesn't think there's anything wrong with any viewpoint expressed in this publication. Vi Veri Veniversum Vivus Vici. "We have a First Amendment and we know how to use it." 2 �WELCOMEBACK! BAR REVIEW ' rsPLEASED TOPRESENT A FEW fHPORTANT DATES TOREHEHEER FORTHESPRfNG111gSEHE)f ER: MPRE INFORMATION FRIDA\', FEBRUARY13 FILING DEADLINE FRIDA\', MARCH 13 IS THE EXAM BAR/BRI MPRE COURSES IN BUFFALO SATURDAY,FEBRUARY28 SUNDAY,MARCH 1 BAR/BRI CPLR COURSE IN BUFFALO SATURDAY,APRIL 18 BAR/BRI TABLE DATES FOR SPRING 1998 0 ~ "~ .~ WED. THURS. 2/11 2/5 3/25 2/19 4/8 2/26 4/22 3/5 3/19 4/2 ~ �Effort Underway to Select ... Continued from page 1 someone from the Board of Directors of the Law School Alumni Organization, a faculty member from another school at VB, and an outsider drawn from senior administration. It will also include a member of the Dean's Advisory Council, a group that advises the Dean on the law school's development, financial support and interaction with the profession, a member of the law student body and someone from the law school staff. The committee will conduct interviews with candidates and submit a report which will recommend suitable candidates to the Provost. The ultimate decision on whom to choose will be made by the President of the university. SBA Discusses Opinion ... Continued from page 1 It is not clear as to how long the process will take. Provost Headrick, who has been involved in the past year in four searches for new deans of various schools at UB, explained that the time frame depended on a number of factors including the process for developing candidates, the market, the kinds of candidates sought and the attractiveness of the position. Searches for heads of other schools have taken anywhere from a few months to a few years. He said,"Under the best of circumstances, we will have someone to ready to take over when Barry steps down in the summer". additional incentives for The Opinion to start fund-raising immediately. The next major item concerned whether or not to allocate $2,000 to the Black Law Students Association (BLSA) so that several of its members could attend the 30th Annual Northeast Regional Conference of the National Black Law Students Association (NEBLSA) which BLSA will be hosting from February 5th to February 8th at the Buffalo Hilton. According to Arthur Wemegah, Buffalo's representative to NEBLSA, the high costs of the conference drained BLSA's budget and the organization would not be able to financially support any member who wished to go to the conference unless the request was approved. Wemegah's fear was that a low turnout on the part of VB law students, especially BLSA's members, would hurt both the reputation of BLSA and UB Law School since the school's chapter is the host of the conference. After much debate over the size of the request, including a counter-proposal for $1,805 by IL representative Rick Staropoli which was ultimately dropped, the $2,000 request was approved by a vote of 14 -2. The final major debate occurred over whether or not the SBA should donate $750 towards the law school and Alumni Association-sponsored reception for graduating 3Ls in May following the law school commencement. Opponents of the donation led by 3L representative Nathan Van Loon argued that the SBA should not be pressured into giving money each year to an event with which the law school administration and its supporters normally foots the bill. According to Van Loon, "they (the law school administration) try to stick this to us every year... and it's time someone should take them up on it." Following much contentious debate over whether or not the SBA should try to please the administration, the request was approved. The next SBA meeting will be on Tuesday, February 17th at 5:30 pm in O'Brian 209. If no candidate has been selected to fill the position of dean by the summer, an acting dean will be appointed for an interim basis, who according to Provost Headrick, will be R. Nils Olsen, the current Associate Vice Dean. Dean Carrel on Loan to President Greiner's Office By Sol Sandberg Starting February 9 and throughout this semester, Alan Car­ rel, the Vice Dean for Administration, will be on leave from the law school to work in President Greiner 's office in the position of deputy to the President . As deputy, Dean Carrel will be respon­ sible for coordinating the President's office and for a number of external matters. The move comes in response to a request by President Greiner to fill the vacancy in the position of deputy to the President after Molly Mckown, the former deputy ,left to take charge of govern­ mental relations for the SVNY system. As Vice Dean for Administration of UB Law School, Dean Carrel's work is concentrated primarily in non-academic areas. He oversees the alumni program, fundraising, the career development office, public relations and publications and student services. BP/LP Solicits Students ... Continued from page 1 In an interview, Dean Carrel indicated that he will be main­ taining his office at the law school and will not be replaced while away. He said that his responsibilities at the law school will be fulfilled by several people. New York City's Chinatown, boat rides, helicopter rides, web page services, and blue booking/typing services. The auction is being held on March 27th, at the Birge Mansion in downtown Buffalo, and the event is expected to break last year's attendance of 300 people. To inquire about making a donation, you can contact either Mindy Marranca (886-2140) or Kinda Serafi (886-4860) for information on how to make a donation. All submissions due Thursday by 5:00 pm in the Opinion office (in the basment). 4 �RECRUITMENT WEB SITE OF THE WEEK LEGAL BRIEFS INTERNATIONAL INSURANCE LAW Reversing a 2-1 decision from last March, the Ninth Circuit U.S. Court of Appeals recently held that "choice of forum" clauses can bind underwriters to the British Legal system. Assembled en bane to bring down a new ruling in favor of Lloyd's of London, the Court wrote that "the reach of United States securities Jaws would be unbounded," if litigants were allowed to ignore such clauses in favor of a hearing in a venue of their choice. Three judges dissented from the 8-member majority, writing that a decision for Lloyd's would unfairly burden the 600 american underwriters who contracted with Lloyd's on american soil. The suit began when the american investors experienced significant financial losses due to a series of asbestos claims coupled with the wreck of Exxon's Valdez. Met with what they felt was a clear failure on the part of Lloyd's to warn them of such potential risks, the investors attempted to sue Lloyd's for fraud under American Securities Jaws. The Securities and Exchange Commission filed an amicus brief supporting the american investors. The Ninth Circuit, applying the SecuritiesActs of 1933 and 1934--which nullify venue agreements in securities cases--heeded their recommendation. The recent reversal is bases on a U.S. Supreme Court authority that venue agreements are binding without a strong showing that fraud has been committed. HE CAN DO THAT? President Clinton recently used a holdover provision to extend the terms of New York's top federal prosecutors. The extended terms will now expire at the end of Clinton's term of office. LARGER PAYCHECKS FOR LAWYERS The National Law Journal's ninth annual "What Lawyers Earn" survey of salaries has revealed that the earning power of lawyer's has increased dramatically. Last year, the median cash compensation for chief legal officers in corporations rose from $225,000 to $260,000. Median salaries for associates jumped from $92,500 to $100,000. For seventh-year associates at firms with 51-100 lawyers, the increase turned $79,000 into $90,000. ABA DEFENDS MALIGNED JUDGES Last week, the American Bar Association called on state and local bar groups to "adopt programs enabling timely and effective responses to criticism of judges." Reacting to a perceived effort by certain critics to chastise judges merely to shake their credibility, ABA President James Shastack endorsed the policy, passed by the ABA's House of Delegates, as a positive step. The delegates also approved a resolution urging public officials to "refrain from threatening to initiate impeachment proceedings because of disagreement with isolated decisions of a federal judge." This week's choice is the multi-facetedAltheimer & Grey. whose practice runs the gamut from securities, finance, and government Jaw, to environmental, intellectual property, and employment Jaw. A&G also has a litigation division that specializes in antitrust, insurance, bankruptcy, intellectual property, labor and employment, criminal defense, and grand jury investigations. This year, A&G plans to hire approximately 15 to 20 second year Jaw student for their Summer Program. Participants choose a department in which to work; close work with partners and associates works in tandem with legal training to make sure interns don't just fetch coffee. A&G is committed to pro bono work, and is committed to principle of equal employment opportunity. There is also a special effort to hire lawyers from other countries. For further information, their website can be found at: http:// www.altheimer.com/recruit .html. Editorial Continued from page 2 and Ideology. For instance, how effective is your chosen weapon? An4 backing that up, how compelling is the doctrine you are calling attention to? The key to success in this complex and exhausting event is a coherent belief system given widespread notoriety by an act of ruthless violence perpetrated by a flashily named anti-hero. " Bob Costas: "Wow. That's quite a mouthful, Tim." Timothy McVeigh: "Well, you have a lot of time to brush up on your vocabulary in the ADX. " Bob Costas: "/' LLbet! And while you 're at it, you probably have a lot of time to speculate as to--who will win this contest! What's your bet, Tim ? " Timothy McVeigh: "Bob, if the federal government hadn't confiscated my possessions, right now I'd be betting it all on the Army of God. For all his zeal and determination, the Unabomber has embraced a philosophy that most people just don't understand. A world without advertising, tv, or R&D is just too radical on idea for right now, and this will cost him big time points in the credibility zone. Meanwhile, the Army of God embraces the type of moral surety commonly found in many of today's more fundamentalist Christian sects. While the killing of homosexuals and abortion doctors is not the sort of Sunday activity every snake-handler has on their calendar, many find the assertion that "God said they had to die" a compelling argument. Meanwhile, speculation runs high that theArmy of God is more than once person. Teamwork is always a big scorer." Bob Costas: "Incisive words from Timothy McVeigh. And now it's on to commentator Donna Rice at the Ruin A Political Career Women's Gymnastics Competition ..... " Actually, I lied. Satirical flight of fancy aside, you get this type of entertainment on tv all the time. From Watergate to Tailgate, popular media is pushing the limits of the coverer and the covered. There are more stories on "how the media is covering ..." something than there is actual hard news. Ted Kazinski maimed and killed people to call attention to his belief that mass media is strangling society. The Army of God is fighting an uphill battle, killing its "enemies" in a world where there is increasing media support for equal rights and choice. And the media, which plays such an important role that people kill to fight it, gives us Tonya Harding and Nancy Kerrigan. Who's on thin ice? 5 �A FOOL AND iliscAusE death penalty being preventative have always been suspicious to me. People come up to me, show me one set of numbers invariably called "murders" and another set of numbers called "executions." The purpose is to show that as executions go up, murders go down. Of course, these same people will never show any reason why I should think the numbers arerelated, aside from coincidence. After all, if the number of murders go up this year, I can develop charts, graphs, and correlation (just as valid, apparently) to show that every year in recent memory that the NFC has won the superbowl, murders go down, and History is packed chock full of people quite willing to kill innocents, enemies, and perceivep wrong-doers in order to achieve some mystical end that is vaguely identified, but always justified in the minds of the executioner. Some of the more bold in their goals are even willing to take the sacrifice to its logical extreme, and eliminate their own lives to get the most bang for the buck in their unholy quest. But nothing has disturbed me more of late ( and if you know me, you know I am usually disturbed about something) than the execution of Karla Faye Tucker. €.BR. \A For those avoiding contact with the outside world, the state of Texas put her to death this last Tuesday, Febru­ ary 3rd, a little after 7pm, via lethal injection -- a process that entails the state injecting chemicals into a persons arm as they are strapped to a gurney ...from first injection, it takes approximately 8 minutes for the victim to die (the state becomes a sort of twisted Jack Kevorkian). Tucker creates an interesting case for us anti­ capital punishment types. There is no question of her guilt. She admits that she did the crime she was accused. Her crime itself, was a rather grizzly murder of two people with a pick axe. There is no mistaking what she did. This was not some questionable case of "oops, my finger on the trigger slipped." Thus, anti-death penalty types such as myself are in a bit of a quagmire, because there can be no argument laid of "what about those that are innocent who cern in this case for me, since I feel that were I on death row, and I thought claiming to be a Christian would spare me, I'd find myself the biggest cross I can. People find all sorts of religion, peace, etc., when the executioners noose is about to be drawn. It almost seems like a natural reaction: I killed someone, I don't know if there is a God or not, but if there is, I'd better do something, or else I'm going to hell. Its Pascal's wager. BORN AGAIN REASONS While I do not think her born-again status should matter in cases of death penalty (even McVeigh, assuming guilt, would get me writing that he should be r_~-------~-----r------fiR_ "'/4, \ '\ '\ UH.. MI. 6 8 .,,tlND ltT \As -P'RAY ~o~ O\.l'R, SIS T€ ~, KRRLJ{, w ~OJ f\T LF\ST, c."f\P4 °Rt.ST :X:N "'PEf( CE.•. �when the AFC wins the superbowl murders go up (of course, this is based on a coincidental chart that compares NFC and AFC victories to economic prosperity and recession). The point is, until someone can show me some direct linkage, these comparisons are coincidence. Retribution and rehabilitation, on the other hand, go hand in hand. You generally support one or the other. Some people believe that heinous criminals like Tucker cannot be rehabilitated. Some people believe that no matter what, people MUST be punished in certain ways for certain crimes. There are people who would execute drug dealers, rapists, and kidnappers. On the other hand, there are people who believe in a second chance, or in rehabilitation -- the concept that through counseling, imprisonment, and any other combination of ideas, a person can conceivably be rehabilitated and maybe even re-enter society as a productive member. It may sound like liberal BS to you, but the fact is, not everyone gets to grow up in the middle class surroundings that most of us law students have had to endure. Me? I think each case is different. Some people can be rehabilitated. The thought of rehabilitating a Timothy McVeigh or a John Wayne Gacey seems a little far fetched to me. But, when I was visiting Attica as part of Prisoner Law last semester, our class met an inmate in prison for homicide, and he admitted his crime, and ·explained what he has done since entering prison (went in illiterate, now has a bachelors degree, for example). This man did not strike me as a threat. Was he rehabilitated? He sure seemed to be, but that is not for me to decide. I'm not on his parole board. A GREATER EVIL But my concern is with a different kind of annoyance that has sprung up with the Karla Faye Tucker case. We can sit here arguing the death penalty all day, but we'd never get anywhere. The issues, positions, and sides have been hashed out so many times, they almost have taken on a life of their own. What concerned and disturbed me most about this case was the reaction that some people had. Radio shows were alive with callers expressing their views that she deserved death. People were actually picketing outside the prison confines, and cheered on her death after it was announced. Can you believe this? A small part of me can understand the pain that the victims family must feel. If someone killed someone close to me, it is natural to think that I would want revenge -- I would want to kill them myself (though this does not mean I would -- I am talking about basic animal/human instinct). But what on earth would be the excuse that the rest of the people in this country have? If Karla Faye Tucker were to spend the rest of her life in prison (a fate, I assure you, that is no pleasant alternative), would she be a threat to the rest of us on the outside? Not likely. When she was executed, did it some­ how rectify the wrong that she committed? No, her victims were not brought back to life. A family member of one of Tucker's victims was on TV speaking about how Tucker got what she deserved, and that their (the victim's) family is now complete again. He spoke of bizarre ideas of Tucker meeting up with her victims in the afterlife, and then gettingTexas style revenge. One can only imagine the amount A Clean Well Crafted Case by Rick Adams (a.k.a. Katie Mc Dowell) It was hot in Buffalo that August. It was so hot the hills shimmered like heat off white elephants and the gin went bad un­ less you kept it in the freezer. The Toronto Star had me on loan to the Buffalo News to track down a story about a vanished judge. The Buffalo News had great sports writing. The kind of writing you want to do, never know how to do, but know you should do, just to work the fat off your soul. Now here's the rub: the vanished judge was the governor's daughter and the governor's daughter always gets the finest kind of attention. Especially from the press. Like Lady Lucy at Juan­ les-Pins. Ah, Lady Lucy of the Magnificent Spirit! Lovely Lady Lucy who drank anisette from a mason jar and whose voice was like a gold coin sliding over the lacquered bar at Harry's Grill. But that's a story of another country and I will not visit that country today. The governor's daughter had not been seen for three weeks. The last time anyone saw her she was in her chambers shaking her head and muttering incoherently about a purloined dagger from a celebrity murder case that she had just tried. Her clerk told the press that after the trial she kept murmuring that she had to find "a clean well crafted case." That was her grail. We all have grails. That murder case was damn bad luck. Bad luck all the way around. Bad luck in bad heat. Like a four-day blow you never get out of. The worst damn sort of luck. I tracked the judge to Saratoga and then to Lake George. It was cool and lovely at Lake George, there at the Grand Sagamore, with its cool, lovely, rich, lousy guests. I was in no mood to social­ ize. I wanted to wrap-up this story and get on to Majorca for the cock-fight season. It would be spicy in Majorca this time of year and the Campari would run warm and dry. Lousy timing for this two-bit story. And then I saw her. Lovely and fresh and cool with hair the color of blowing wheat in an Indiana rainstorm. She was in­ deed the Governor's daughter, Ainsley. Yes, Ainsley. Suddenly, Ainsley. I walked quietly toward her. She looked as inviting as a temperance meeting in Utah. I said nothing. She was laughing hys­ terically. She kept dipping her hands in and out of the sand and murmuring "The dagger! The dagger! The Horror! The Horror!" It didn't mean much to me. It didn't seem so important to me any more, either . She was in another country. I would not disturb her in that country today. Not on this fine, cool day. There would be better days for fishing that trout stream. I walked back to the dock­ side bar. "Whataya have?" "Beefeater's martini, extra dry, no olive. Make it a double. One for the lady, too." "Over there?" "Yeah. Over there. " I lingered over my Beefeater's. It was the kind of gin that swirls so clean and so clear over your tongue and down your throat and into that secret special place and makes you think about van- Continued on page 9 Continued on page 9 7 �MY SPLEEN TAMMY, IN A FEMINIST'S CLOTIUNG BY KRISTIN GREELEY, 3L I figured since this is my last semester, I might as well voice some opinions in my column. After all, this is the Opinion. So I'm going to voice what I gather to be a somewhat unpopular opin­ ion. I know this because pollsters tell us that people actually like Hillary Clinton. I don't. I have never particularly liked the First Lady or agreed with her, and the events of the past few weeks have not helped endear her to me. Let's begin at the beginning, as they say. The beginning of Hillary Clinton for me is her comment on 60 Minutes about not staying home baking cookies, and standing by her man like Tammy Wynette. Fast forward to the present -­ her husband is accused of having an affair with a 21-year-old in­ tern, and has already admitted to having an affair with Gennifer Flowers. Mrs. Clinton attributes these latest allegations to a "vast right-wing conspiracy." She's standing by her man. There's nothing wrong with standing by your man. In fact, I think if you have a man, you should stand by him. Unless you have a reason not to. If these allegations are true, Mrs. Clinton has a reason not to stand by her man -- he's been unfaithful. She, and everyone else, knows that he has been unfaithful to her in the past. It would seem logical, therefore, that these allegations are not outside the realm of possibility. Yet Mrs. Clinton acts as if they are, suggesting that some mysterious conspiracy is out to sabotage her husband. Is this the position taken by a feminist of the caliber Mrs. Clinton purports to be? I don't think so. Wives often know when their husbands have affairs, especially if they are habitually unfaithful. I think she knows whether or not these allegations are true. l f she knows that they are true, her position is not the one that a strong, educated, allegedly feminist woman would take. The position she has taken is one designed to save her husband's political career. That's what got her to where she is now. She knows enough not to bite the hand that feeds her, so to speak. But she's not at home baking cookies, standing by her man, she says. I say that's exactly what she is doing. A rriore moderate position, a wait-and-see attitude, would be more befitting a woman of her convictions as she has expressed them in the past. She's educated and successful on her own, and doesn't need to stand around waiting for whatever her husband chooses to give her. If the allegations are true, and Mr. Clinton is impeached or forced to resign, Mrs. Clinton will go down with him. And all she will have is an unfaithful husband to show for it. Well, Hillary, sometimes it's hard to be a woman. 5CA-U; @!q~Dj i11be..()e~T °SoS/\·,&-\.1 u/'\tot~+-\.-.c:0Sc-v\ls e,(oel"iuc.e~ 1 ''e.+tv-,c.. C.,\~"'"si"s": "' evp\,,.e...,.·•~M -i:,,,.- ~e...o0ko. r ti,-..Q.. Tl\ o... r.ewl. ""-"C':>0~ 5M1tl Se.<'\i.!>. T\...e..-\,Ile,,\~ :>"-t" s,\c.l\i-17 W<A\-c..L...",.Aa· Ale Fe\,Y~ IC\q~ ¥-.w\"'- F"'-ye... Tu~,,eo.~~ w\.-.~,~+1,,.ou.:."-1\}..>°'C..oMpl1,1+e.7(.)l\re..lc..reJ C>l'\Ir4,\,3•~ 1<iq? T~ic"".s~ ('A\Jr~e. eir..h,.io, C,..f\or-..y~u:, 5t-rc,../\Je,t"5 C\r..tt,~ 01\ ke.r- be.o..¼ I_ �A Clean Well Crafted Case Continued from page 7 ished beautiful women, duck hunting, and fishing for wild trout on the Plampas in the early April rain. It made me think about things that were swell and not so swell, and about when you knew them and how you had to think of them, when you knew them, or you couldn't think at all. It all mattered then. A cold wind blew. Some people have rotten luck. Plain rotten luck and lousy timing. She had both. After awhile I thought about how I'd explain this one to my boss. But that's another story in another, more distant country. 1 ... _- ?.: .. :: .. ' Successhas its price. · For law See Hemingway's classic short story "A Clean Well Lighted Place." The Anarchist Continued from page 7 students, it's just $10a year. of hate that this man was and is consumed with. But as I said, a part of me can actually understand this. Its the people who were outside, consumed with such rage, that really make you wonder. Many people who support the death penalty are Christians, who seem to view it as a tool God gave us to deal with heinous criminals (is it conversely pos­ sible that abortion was God's tool to help us deal with overpopulation?). However to hear Governor Bush of Texas invoke God in the hour that he refused to grant her a stay of execution, made me cringe. He said that he hoped God would bless her and then sent her on to her death. CONCLUSION It is a sad day when we Jive in a society that endorses its own brand of murder to deal with undesirables. The message that we send, that "some killing is OK," is just unfathomable when we have political zealots on TV decrying violence. The society that kills together, stays together?!? Boy, if that's the point that our society has come to, then I'll be sure to continue to keep myself at arms length. T en dollars. That's all ~ costs to be part of one of the best networking resources you·11ever have now and throughovt your legal career - the New York State Bar Association. jo,n now. and you can make more contacts in less time for less money than many other sources availableto you. NYSBA's membership has alwaysincluded the leadinghght>of the 'egal profession. Ten dollars to be In the ume association with some of the most powerful forces in the legal profession. In addition to joining more than 60,000 of New York state's most prestigious lawyers, judges, professors and law • students, you get all these advantages: • FREE admission to aJI Law Student Councit pro1ram1 • FREE admission to NYSBA's Annual Meetins In J;anuary In New York City The Councll ~ • FOUR publications: The sBar N-. The N-York S- N-Yortc a.- Bar J--i D • Discounts on molt of TWENTY practJce concentr&tJon leC'tions • Awards & competitions for lea-aJ wridna ildvocacy and rese.arch • Discounts on continuins lepJ educallon and pn,dlcaJ sldn, _,....,.. • Choice of lnsunnc:e plans • Discounts from BAR/BRI Bar Review • Guidance on pro bono opportunities • Profession.a.I and person.a.I money-u.vina discounts ----- Yes, I want to join I I I the New York State Bar Association. Enclosed is my check for $10. HAIL TO: Membership Department New York Sate Bar Association One Elk Street.Albany. NY 12207 E-Mail:membership@nysba.org NAHE STREET CITY STATE ZIP LAW SCHOOL GIIADUATION OATE I. DATE OF 8111TH PHONE NUMBER ----- New York State Bar Association L by Ken Grant 9 I I II a·~ 11111 iii Or, join on-line: hllp://www.nysba.org NYSBA �TIPS FOR Pl/PS AN INSIDE LOOK AT THE N.Y.U. PUBLIC INTEREST JOB FAIR AND SYMPOSIUM by Kevin Hsi Prior to coming to Buffalo for law school, I was fortunate enough to attend the annua_lPublic Interest/Public Service Job Fair and Symposium (better known as Pl/PS ("pips")) at N.Y.U. Law School last year. In addition, I have also attended the NAPIL job fair in Washington D.C. last semester during the fall break and had a similar experience. Given that the Pl/PS fair is THE major event for law students looking for public-interest jobs and internships in and around the New York City area, I feel that a little advance knowledge (call it advice if you wish) could be helpful particularly for the lLs and other students who are going for the first time. First of all, the fair itself is open to everyone (who's a law student that is - although I was able to get in last year by mentioning that I was a proud graduate of N.Y.U. 's paralegal program). This means that I will strongly encourage everyone, especially my fellow lLs, who have any interest towards the public sector (i.e. government or non-profit) to do their best to try and attend the Pl/PS fair which will be held on February 19 and 20 at N.Y.U. 's Law School. Even if you have not submitted a resume through the Career Development Office (COO) and/or you do not have any official interviews lined up for the fair, there are three major reasons why you should try and go. The first reason is that while several organizations have previously scheduled interviews for the fair, virtually every or­ ganization will have some additional representatives available to speak to everyone else at a specified table where they will have informational material available. These are known as "table­ talks." They are basically informational interviews which re­ quire no previous arrangement and they are a good way for learn­ ing more about what's out there in the public interest field. Al­ most all interviewers will accept resumes on the spot and some have even been known to schedule a formal interview right away within the next few days right after your talk (though that did not happen to me personally). From personal experience, I have found almost all the representatives to be very friendly and open to all questions. Of course, it's up to the individual to approach them first since there could be hundreds of people moving around the fair and talking at the same time. As a side note it should be noted that the representative may not be the most "representa­ tive" member of that organization, so don't Jet F.I.S. (First Im­ pression Syndrome) deter you from speaking to someone at an organization which you might be interested in. The second reason for going is that there are several career panels which are open to everyone. These panels cover a wide range of the public interest world (i.e. legal services, crimi­ nal justice, civil rights and civil liberties, labor and employment law, human rights and public international Jaw, etc.) and consist of practicing public interest attorneys from all over the country. basically the attorneys tend to discuss what they do, how they got to where they are and what you can do to try to get where they are or wherever else you want to be. Having attended all of the panels last year, I know that all the panelists strongly en- courage questions from the audience and tend to be frank yet optimistic about their life in the public interest field. The third reason is simply this: networking. The sad truth is that it's hard to get any job (at least one which is satisfy­ ing in the long-run) without networking. My impression of this is that it is especially true within the public interest law commu­ nity. There are various reasons for this, not the least of which are economic ones. Non profits by their very nature are forced to be selective in their hiring (whether for internships or full time jobs) by virtue of their limitedfunding. As such, they will like to hire people who they can rely on and the way to become one of these people is by networking ( and by demonstrating your commitment to some of their causes along the way). In addition, because we are in Buffalo, it is even harder for these groups to come up here as it is for us to go down there to New York City given their limited budgets. (Heck, even many multi-million dollar Wall Street law firms would rather have us visit them than for them to visit us although it's likely that their reasons are not solely economic ones.) Without a doubt, the Pl/ PS fair is the best place to meet the largest number of employers from the largest number of places all at once. Even though it may not be the ideal way to conduct a job search (being in a room with hundreds of lawyers and law students isn't too pleas­ ant for most people), the potential networking opportunities are tremendous especially if you remember to follow up on them. Even if you don't get any offers right away, keep in touch with your contacts as many will try to help you out so that you can maintain your commitment to causes that both of you believe in. The public interest community (sadly) isn't that large, so even one connection with one person or organization can likely go a long way. My final tips are these: first, dress up as you would for any formal job interview. While there's no official dress code that I know of, it's much safer that way. One irony is that for an area of law that tends to pride itself on its relaxed dress code and attitude (as compared to the private firms), the appearances of virtually all the interviewers and interviewees were formal yet comfortable, professional, and yes, even conservative (although the attitudes did vary from interviewer to interviewer). Second, bring more than one version of your resume and bring lots of them. Third, do some advance research on your top choices in COO and if possible on the issues which those organizations deal with. This is a good way to impress the interviewer with your knowledge and will prevent him/her from having to give you the same canned speech again (they'll probably appreciate it too). Fourth, when you get there, try not to be intimidated by the size of the crowd and the hectic pace. As long as you don't have any formal interviews scheduled, you can work the room at your own pace. Finally, as cliched as it sounds, try to relax, talk to different people whenever you can and have some fun - after all, you'll have a weekend in New York City to look forward to when you're done. 10 �Criminal Law Career Panel Hon. Sheila DiTullio Erie County Court Judge Herbert Greenman Private Sector Defense Attorney Marianne Mariano Federal Public Defender Helen Zimmerman Erie County Public Defender Come hear panelists describe their professions, give thoughts on their career choices and on the future of criminal law. All are welcome! I February 12th at 6:00 p.m. ROOM 107 �These are the People in Your Neighborhood ... Bahatti Pitt, SBA President, in chambers ... the People that You Meet Each Day Opinion columnist Kristin Greeley Translation of our latin motto: 11 And now for something completely different. 11 12 � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Opinion, 1998-02-09 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. The Opinion no. 7 09.02.1998 Date Issued Date of formal issuance (e.g., publication) of the resource. 2/9/1998 Bibliographic Citation A bibliographic reference for the resource. Recommended practice is to include sufficient bibliographic detail to identify the resource as unambiguously as possible. 38 7 Publisher An entity responsible for making the resource available University of Buffalo State University of New York at Buffalo Law School Language A language of the resource eng Type The nature or genre of the resource Newspapers Text Is Part Of A related resource in which the described resource is physically or logically included. LIB-LAW003 Rights Information about rights held in and over the resource <a href="https://rightsstatements.org/page/CNE/1.0/">COPYRIGHT NOT EVALUATED</a>. The copyright and related rights status of this Item has not been evaluated. Please refer to the organization that has made the Item available for more information. You are free to use this Item in any way that is permitted by the copyright and related rights legislation that applies to your use. This digital collection is made available for research and educational purposes. Researchers are responsible for determining copyright status, and securing permissions for use and publication of any material. Copyright for items in this collection may be held by the creators, their heirs, or assigns. Researchers are required to obtain written permission from copyright holders and the University Archives prior to reproducing or publishing materials, including images and quotations. For inquiries about reproduction requests and permissions, please contact the <a href="http://library.buffalo.edu/archives/">University Archives</a>. If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/d5d3280fe7a062f9e41c66daeea1bc32.pdf e8e89497f2521edc08052520f4dcb49a PDF Text Text ..... .,,.;""·. r~:~~t~t. .~~t ,f,, ·.~.:_., .·] ............. .i ··; >t ~ 1 .. ... :;;;,;•' ,ii;!\ . . ~,... "?.: >. • ' !;;S;;~·.., . .,_ ~~-~(~~ :·, Vol. 38, No. 6 "Vi veri veniversum vivus vici. " DEAN BOYER RESIGNS 02.02.98 POST byCindyYHuang attention to making sure their welfare was in the right hands. In an unexpected announcement last month, Dean Barry Boyer revealed that he would be resigning as dean of UB law school at the end of July of this year. His decision came after a meeting with University at Buffalo's Provost, Tom E. Headrick, which ended amicably. Dean Boyer realized that the position as dean of the law school required a full-time commitment. Without any hesitation, he admitted that he would no longer be able to completely dedicate his time to acting as dean. Apparently, Dean Boyer made his decision to resign after spending time with his family during the Thanksgiving break. He noticed that his parents were not as mobile as they used to be and needed him to be there to take care of them. As a result, Dean Boyer decided that he wanted to devote more of his time and Provost Headrick has already initiated the establishment of a search process. He is currently in the midst of consulting with both University at Buffalo's continued on page 4 Johnny Cochran Will Speak to Buffalo Law Students by Sol Sandberg State, Assistant Attorney General, In-Charge, Harlem Office; Jus­ tice Samuel L. Green, the New York State Supreme Court, Appel­ late Division, 4th Department; Robert Johnson, Bronx District At­ torney; Theodore Shaw, Associate Director, NAACP Legal Defense Fund, Inc.; Justice George Bundy Smith, New York State Court of Appeals; Tina Stanford, Assistant District Attorney, Erie County. Johnnie L. Cochran, Jr, the famed attorney for OJ Simpson, will visit Buffalo to speak with law students on February 6. Cochran's visit is part of the 30th annual regional conven­ tion of the National Black Law Students Association to be held at the Buffalo Hilton Hotel from February 5 to February 8. The theme of this year's convention is Leading the Way Today For Tomorrow: Excellence, Service, Professionalism. The cost for attending Cochran's speech is $30. The speech begins 12:30 PM on February 6. For further information contact Ken Nixon at (716) 645-2143. According to a press release put out by BLSA-The Black Law Students Association at UB, over 350 Black law students are expected to attend. Inside the Opinion: Student Lounge to be Renovated ................................................ .4 Stop the Spam ............................................................................. .8 The Anarchist Returns ............................................................... 12 IJmages in Male .......................................................................... 14 Also of Interest: Letters, Cartoons, Poetry, and Features. Among the speakers scheduled to address the convention are: the Honorable Rose H. Sconiers, the New York State Supreme Court, 8th Judicial District; Judge Cornelius Blackshear, US Bank­ ruptcy Court; Soffiyah Elijah, Attorney and Professor, City Uni­ versity of New York, School of Law; Barbara Flatts, the New York 1 �Well, sure, they don't seem to be doing too much ...but hopefully increased coverage in this publication will enhance their communication with the students, so we can see that they actually accomplish something beyond throwing a few beer bashes a year. And the Federalist Society? Well, paint me purple and call me TIida if I'm wrong, but I haven't seen hide nor hair of a Federalist on this campus in the one-and-a-half years I've been here. At one point, however, they staged debates, put out raucously conservative articles, and peeved a lot of people. In fact, from what I've gathered, the Federalist Society was to the Opinion of yesteryear as the Clinton Sex Scandal is to the New York Times of today. You know. Gross. Icky. But coated in scandal-sweet sugary goodness. The kind of stuff that generates lots of, if not actual news, stuff to print. IF ANYONE OUT THERE IS WILLING TO COME FORWARD AS A FEDERALIST, I WILL BUY YOU A BEER. One pint per un-p.c. utterance (read his column to find out why I'm just going to buy Adam Perri a bottle ofwhiskey). Okay. Barring that eventuality, the Opinion needs submissions. Specifically, from you, student-faculty-staff member of this community. Tell us your news. Give us an update on how your kids are doing in school. Tell us about that big job you just landed with Weicheetum & Howe (yes, I stole that from Car Talk). But take the time to come down to the basement (with a little plexiglass, our office could look like the denizen of Hannibal Lecter). Once there, write out a letter, an article, or a group of facts for one of our hard-working staffers to turn into some coherent news. I SWEAR,ITWILLONLYTAK.E 15 MINUTES. We know you're busy. So are we. Office hours will be posted on the door. The paper will come out weekly, and be left in your box. Submission information is within. To cut expenses, time, and save everyone from getting continued on top of page 3 Chief Executive Makes No Mention of Sex Scandal in State of the Paper Address When people feel like saying something smart (and smug, and annoying), they often pick the trite phrase, "History repeats itself." Of course, the people spouting this crap are usually the same individuals who accumulate the vast trove of their historical wealth via the dubious novels of Gore Vidal, and the hideous films of Oliver Stone. Meaning, their credibility is somewhat limited. But while they may go through life thinking that Lincoln was a fun guy and JFK was shot by aliens, they are right on the money about history. It does repeat itself. Even here. Havingjust assumed the role ofEditor-In-Chief-Supreme­ Overlord-Of-The-Universe, I decided that it would be responsible of me to read old editions of the paper, to see what sort of journalistic continuum I was functioning within. My findings? There seem to be three issues that have garnered consistent coverage over the years: 1) The facilities bite the big one; 2) The SBA is an unwieldy, useless waste of time whose by-laws must be fixed; and, 3) Boy, do we hate the Federalist Society. Of course, there were other issues, other news ...the JAG protests, the Faculty's Hate Speech Resolution, titillating reports about needlepoint progress in the "Law Wives" association (which petered out about the same time Gloria Steinam burned her bra), changes in the curriculum and the grading system ...punctuated by interesting commentary on the prominent legal issues of the day and the events being held in the law school. But those three have been present almost from day one, which leaves the Opinion at a bit of a loss. I mean, look around. The facilities? Heck, the ceiling may leak, but we aren't going anywhere anytime soon. The SBA? Editor in Chief ................................................................. S.A. Cole Staff: Music Guru .......................................................... .Justin Archangel Graphics and Layout Editor .......................................... .Ken Grant Columnist. .................................................................... Randy Janis Managing Editor !.. ...................................................Cindy Huang Managing Editor II ....................................................... .Joe Huang Cultural Attache ............................................................ Matt Lerner Op/Ed Editor ................................................................. Russ Klein Columnist. ..................................................................... Adam Perri News Editor ............................................................... Sol Sandberg Photographer .............................................................. Rich Ram din The Opinion, SUNY at Buffalo Amherst campus, 7 John Lord O'Brian Hall, Buffalo, New York 14260, (716) 645-2147, is published weekly throughout the .F~ll and Sprmg Semesters .. The Opmwn 1s the student newspaper of the Stale University of New York School of Law. Copyright 1998 by the Opmwn, SBA Any reproduct10n of materials herein is strictly prohibited without the express consent of the Editor-In-Chief and piece writer. Submission deadlines fo~ aH articles are every Wednesday preceding publication (if it's on disk, you can push it to layout time on Thursday ...no later that 6:00 ~M, please)'. Subm1ss10ns should be saved in IBM Wordperfect 5.1; please enclose printed copy for safety's sake. Write your box number on your disk if you want 11returned. Whil.e the Opinion .will not pri~t libelous or anonymous material, all submissions shall be printed entirely and exactly (so proofread your materials), provided they are signed subm1ss1ons from a member of the UB Law community (students, faculty, staff, alumni). '.TheOpinion '.n n~ way end,orses the viewpoints ~fits vari~us co_lumnists and contributors. Considering that the Opinion isn't actually a sentient being, 11also doesn I thmk theres anything wrong with any v1ewpomt expressed in this publication. Vi Veri Veniversum Vivus Vici. "We have a First Amendment and we know how to use it." 2 �ink smudges on their fingers, we have changed our format. In a move that should please radicals and conservatives both, we are departing from the 40-year tradition of publishing in newspaper form, to revert to the original, 1948 format of the llxl 7 magazine fold. Our new motto: function over form. We hope you all enjoy this semester's editions of the /Vo1re, o/aifi1ro«1 «1h-at «1e, ;..e, rlo1~. /le,1ree, t/4e, a,o;uv-a1ree, o/ tk CJ;1irto1r «1/ffIJ-aJ'-jfolfr«1ui to«1uiaif«1e, atte-lfr;t tofirrlt/4e, /ol'tf(at t/4atJut ifw't.f aif.u/40/l'~e,ee,/ate, jtJ«I" ;at1e-1ree, a1rrl «1e,/eolfre, jtJ«I" ifa,~tiM.f./ Opinion. "It is only a small paper, but there are those of us that love it." Well. Let's not get carried away. 1 --S.A. Cole LETTER TO THE EDITORS No, the shaming of the Presidency, our highest office, is not funny. After all, millions of young soldier's lives have been sacrificed for the causes of Liberty and Peace. Blood, and much it, has been spilled, literally. We should not forget this fact. President Truman gave the order that sent 450,000 innocent Japanese civilians to instant evisceration at Hiroshima. Yet today our President commands no respect (Or does he, really? His approval rating is still high, isn't it?). The President, even while he is still serving his term of office, can be accused of pulling his pants down in front of proper young ladies while he is under oath! God forbid we should even see his underpants, the fact that he even wears underpants may be enough to convict him in the national press (By the way, it's boxers, not briefs - I found out from secret tapes that I had planted on a friend who works in the White House). that goes ...Not to be outdone, however, JQA's supporters accused "Old Hickory'"s wife of being a bigamist. It seems that, while she was a young lady she married a man, Mr. Robards, whom she could not stand. Eventually, giving up on the marriage, Mrs. Robards eloped with Mr. Jackson, who was, at that time, a soldier taking room and board (And a whole lot more as it turns out) at her home in Nashville. Back then, a divorce required an act of Legislature (At least some things have drastically changed, no?). The attacks on her honor, so vicious, were said to be the eventual cause of her death shortly after Jackson was elected to the Presidency. But life went on without Mrs. Jackson and so did the Presidency. Jackson went on to be one of the most popular American Presidents in history (and JQA became famous 150 years after his death for his starring role in a Steven Speilberg film - go figure!). Sincerely, Publicus II (Ron Link, 2L) In our funny world of "Alice In Wonderland" politics ... "diplomatic immunity" can be granted for the crime of murder, and immunity is granted to persons who have already confessed their guilt as long as their lawyers think that their testimony can help submarine a person even guiltier than they are (It is, after all, the land of the good guys and the bad guys here in America, isn't it?) ...Why isn't there any immunity for the President, a man elected by a popular vote of the people to hold the highest office in the land? Isn't the President supposed to be our Chief Executive? In the future will his political adversaries even allow the President time to do his job effectively? I understand our litigious society, but this is ridiculous. If George Washington, right now as we speak, were turning over in his grave, it certainly would not be a surprise to me. P.T. Barnum, on the other hand, must be rejoicing in his grave (In other words, not only is P.T. turning over in his grave, but he is also clapping and cheering wildly). YOUR PHOTO COULD BE HERE. Who will dare to be pictured in the Opinion as the reader who identified the four famous buildings ensconsed within the jurisprudential heart of Buffalo? Drop your guesses in Box 65. Translation of our latin motto: "We came, we saw, we wrote a newspaper." Those of you who are in utter despair over the state of politics here in America, take heart. Scandal in the White House is as old as the Hills. The venerable John Quincy Adams, lately of 'Amistad' fame, was once accused of pimping for Czar Alexander I of Russia during the 1828 presidential campaign against Andrew Jackson. Mr. Adams had a pretty young nursemaid that Czar Alexander had a fondness for...and the rest, well you know how 3 �Dean Boyer Resigns Post Continued from page 1 faculty and outside applicants. However, Dean Boyer would like an internal search to first be undertaken before the appointment committee considers any outside candidates. In the interest of time consumption, he feels that looking internally would negate the amount of time someone hired externally would have to spend getting acquainted with how our curriculum operates. Despite Dean Boyer's intention to step down as dean of UB law school, he would still like to continue his position as a law professor. Provost Headrick has not voiced any objection to his decision. UB Law's Jessup Team Will Compete in Regional Rounds in Vermont by Sol Sandberg tablish an International Criminal Tribunal. Students on UB law's team will be required to write briefs and present oral argument. The Jessup International Moot Court team at UB school of law will be competing in the regional compe­ tition of the Philip Jessup International Law Moot Court Competition to be held February 6th-8th at Vermont Law School in South Royalton, Vermont. Members of the team are Nancy Saunders, Brendon Reagan, Jeanette Cortes. Jennifer Berger will coach. Other schools that will compete in the regional com­ petition include: the University of Maine, Boston Uni­ versity, the Fletcher School of Law and Diplomacy, Harvard University, Boston College and Franklin Pierce. Preliminary rounds are scheduled to be held on Satur­ day, February 7. Those teams that place in the top four of the twelve teams competing will go to the semifinals on February 8. The winner of the regional competition will compete in the international rounds held in Wash­ ington D.C. in early April. UB's team will compete against Villanova, Suffolk University, Southern New England School of Law, and Western New England School of Law. The subject matter of the competition will concern the extradition for crimes against humanity and the au­ thority of the United Nation's Security Council to es- Renovation of the Student Lounge to Begin Renovation of the student lounge located on the first floor of O'Brian Hall will begin soon, according to Dean of Alumni Relations, Ilene Fleichmann. The reno­ vation , which has long been in the planning stage, is scheduled to be completed by the beginning of next se­ mester. The plan is to transform the current lounge which has suffered from y_earsof decay and neglect into a com­ fortable and upscale area for relaxation and social inter­ action. Said Dean Fleichmann, "The lounge will be a place where students can interact with each other and build a sense of community in a professional environment... It is what you would see in a large law firm or in a private club." by Sol Sandberg The renovation will be supervised by Joan, Hillers and Associates, Inc., a well known design firm in Buf­ falo that has experience renovating other university spaces across the nation. The changes scheduled to take place are signifi­ cant. The vending machines will be removed to another area on the first floor. The room will be repainted and new carpeting will be installed. Students will have ac­ cess to cable color television so that they can keep up with legal news on Court TV or current events on CNN. They will also have available legal periodicals like the National Law Journal. The new lounge will also have a Continued on page 5 4 �sales were conducted each semester. new and large wood table with lighting fixtures. A tele­ phone with local phone service will be available. A number of paintings by the eminent artist Michael Kestler, a recipient of The Prix De Rome, will be on display on loan from the Castellani Art Museum at Niagara University. Proceeds from the sales, which amounted to more than $ 1200 annuallywent to a scholarship fund to sup­ port active LALSA members who work in low income public service jobs or jobs that service the Latino com­ munity. Access to the new lounge will be restricted to cur­ rent students at the University at Buffalo School of Law by means of a swipe card system similar to the kind that are in place in the dormitories. Last year, LALSA gave two scholarships to its members-one to Brenda Torres who worked with Buffalo's Latino community and the other to Jenny Duran who worked in Mexico. Law Student Association's Food Sales Threatened by Sol Sandberg Food sales by law student associations were threat­ ened this past semester when the FSA, the Faculty Stu­ dent Association, issued a letter to all student groups warning them that the sale of food on campus by groups other than FSA is restricted and that the FSA according to its agreement with the University at Buffalo has an exclusive right to sell food on campus. The Faculty Student Association is a not for profit corporation created by the university to provide the uni­ versity with food services. It runs all food outlets on campus except for eating establishments in the Com­ mons. Monies received from sales are used to pay the university for the right to do business on campus-for space rent, energy consumption, and rennovation in spe­ cific areas, according to Craig Herman of the FSA. Of the 12 persons on its board of directors, six are students. LALSA, the LATIN AMERICAN LAW STUDENT ASSOCIATION, which has organized about two lunch meals per semeseter to students in the past, received the letter from Dean Shields with an attached memo stat­ ing, "For your information from the food police." The letter did not name any organization that engaged in the sale of foods nor did it specify the extent to which the FSA's exclusive right to sell food. It did, however, state that "a combination of health and sanitation laws re­ strict sales of food by groups other than FSA." LALSA's sales have featured a variety of Hispanic foods such as arroz con gondules, arroz con pollo, and other vegetarian and meat dishes. The sales were fre­ quented by law students and faculty alike. About two The Buffalo Public Interest Law program, which sold Pizza, also received a letter through Dean Shields. According to Kinda Serfafi of BPILP, BPILP did not sell Pizza to raise funds and it did not make any profit. The sales were used as a vehicle to talk to students about public interest work. Asked why he decided to put this policy into effect at this time, Craig Herman, the author of the letter said, "This policy has been in force ever since we have had a contract to provide services on campus-30 years plus. We are the sole provider of food services on campus. We don't mind an occasional bake sale but any ongoing sale is problematic ... One of the law school organiza­ tion was sellling pizza every week which is on an ongo­ ing basis. A sale conducted twice a semester would prob­ ably not be a problem but if it includes rice and meat­ that is sanctioned by the catering department." He added, "Suppose somebody pulls in a coke wagon and sells hot dogs in front of Putnams-that's why we have a sole con­ tract-it would be a loss of sales. He concluded, "We would be happy to see students make money and if one sale would raise $1500, they could do that. God bless them." Allison Dunlop, the President of LALSA had this to say about the matter," It is not as if we are competing with them on a daily basis, and it's going to a worthy cause." When asked to compare the food sold in campus cafeterias to that sold by LALSA, Mathew Cleabeaux, a 3L said "I think the cafeteria food is low in nutritional ' value as compared with the food served by LALSA and I think student groups should be allowed to sell food on campus subject to regulation." 5 �PrisonerTask Force: Update and Recruitment realizing that prisoners are ready, willing, and able to learn, the students brushed up on their own research skills. While applying these research-skills to real­ world claims, they saw their students progress throughout the semester. And while gathering incomparable experience, they were given the chance to regard prisoners, often the faceless hypothetical in a criminal law class, as human. by S.A. Cole Continuing its unique and innovative service to inmates at Attica's maximum security prison, the Prisoner Task Force will convene this Thursday, Feb 5. Meeting at 4:30 in O'Brien's room 207, the PTF will begin the Spring semester with several goals in mind. The Prisoner Task Force consists of a few dedicated members. Presently, if a teacher cannot make a class, there is no one to substitute for that individual. With more members, the PTF can function more efficiently while making the commitment requirement for the program more flexible. Members with time constraints will be able to participate in the letter­ answering system at their convenience. * To recruit new members in order to expand the program and train future teachers. * To continue its eight-week class at Attica. * To implement a letter-answering system for prisoners who have legal questions outside of class. Last semester, eight to ten students, and two student/ teachers went regularly to Attica to teach the research course. Prisoners who passed the test administered at the end of the course became clerks in Attica's law library. Moreover, if you have the time, the Prisoner Task Force is a worthy endeavor. Last semester, lL A. Joe Cruz visited Attica once week. "I look at it as something which is a part of my life," says Matt Lerner, a 2L who is a major force behind the Task Force, "I go to prison once a week to help people learn, rather than go to a movie or a bar." The Prisoner Task Force is one of a few such organizations in law schools across the country. For those teaching, the rewards of participating in this ground-breaking program were numerous. While •••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••• •• • •• • • • • •• ••• • •• • •• • •• • The PrisonerTask Force meets for the first time this semester on Thursday,February5, at 4:30, in Room 207 . ••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••• 6 • • • • • • • • •• • •• • •• •• •• •• • • • �The Opinion needs News Writers. For the price of one article every two weeks, you can be a part of the Opinion. No previous experience required or expected. Enhance your writing skills and prove your ability to work on a deadline (which looks good on a resume). If interested, please stop by the Opinion office in the basement of O'Brien, call 645-2147, or leave a note in box 27. Thanks. -v;~yoJi,.,i,,,r H,..t P.>,11 cAi"h>" wc,..s noMi n,.tJ tbr o.. l'(O ~€ I-, t'~/ICfrriµ.. ~ No J f: k~" 't- - h-c.-t5,Jrpr-ise,{,<1-\e..1 7 �CAN THE SPAM by Randy Janis Cyberstats show that nine out of ten people detest spam and I'm not referring to that strange colored meat in a can. Spam e-mail are those annoying, unwanted bulk e-mailings you've been receiving in your e-mail inbox. Spam is undermining the effectiveness of a me­ dium which allows tens of millions of people to com­ municate. The cyber-community is worried that if un­ solicited bulk e-mail continues to grow, it will affect the Internet's ability to handle the traffic. Spam mail can clog the Internet's pathways, slowing down the sys­ tem, often making it hard for one to log on at all. Says Gus Venditto, editor of Internet World, "unless we get the problem under control, the danger is that e-mail will never reach its full potential." Because spammed messages often contain inac­ curate return addresses and rarely include a way to be taken off, users who do not wish to receive spam often have little recourse. And even if you are fortunate enough to be removed from the list of the spammer responsible for the unwanted e-mail, chances are the list was bought from a broker who has already sent your address to ten new marketers. If spam is detested by so many, then why would a company persist with it? Self-renounced Spam king Sanford Wallace of Cyber Promotions answers that question with two words, "It works." Spamming first made news in October 1995 when Marketry Industry Inc., a direct mail list management company, announced that it was ready to rent out a list of 250,000 e-mail addresses. This plan was quickly dropped after Marketry met stiff opposition. But other companies picked up the idea. According to Professor David Sorkin of John Marshall Law School in Chicago lists of several mil­ lion e-mail addresses can be purchased for as little as $10 to $40. Consequently, some users receive as much as 50 spammed messages a day. Advocates of e-mail spamming are mistaken when they argue that bulk e-mail is comparable to bulk postal mail. Junk postal mail is paid for by the sender. On the other hand, the spammed message is essentially being sent postage due. Spam that arrives in your inbox uninvited is paid for by the user multiple times in the delivery process and then also by the Internet Service Provider. Some argue that if we ignore spam sooner or later it will go away. But this probably still won't act as a deterrent. If it costs next to nothing to spam a message then even if 99% of the people delete or ignore the mes­ sage it will still be worthwhile for the spammer. Tech­ nological methods used to block spam have not been effective. "For every technological block we put up ... there are 10 ways around it," says Ray Everett Church, Congressional Liaison and Lobbyist at the Coa1i ti on Against Unsolicited Commercial E-mail (CAUCE). Since spammers will probably figure out a way around most of the direct, technical methods, leg­ islation may be required to stop them. Three separate spam related bills have been brought in Congress. In the House, Representative Chris Smith, R-NJ, introduced H.R. 1748, the Netizens Protection Act of 1997, which would extend The Telephone Con­ sumer Protection Act of 1991 (47 U.S.C.§ 227) to also cover unsolicited junk e-mail. Says Smith, "my legisla­ tion is aimed at protecting the Internet user from the unseemly practices of the junk e-mailer ...as increasing numbers of Americans go online and become passen­ gers on the information superhighway consumers rights must not be eroded, abridged, or mitigated along the way." Under such a ban spammers are still free to so­ licit advertisements by means of a an opt in system. This bill would allow individuals to sue violators for US $500 per violation, plus damages up to $1500." In the Senate, Senator Frank Murlowski, R-Alaska, introduced S.771, the Unsolicited Commercial Elec­ tronic Mail Choice Act of 1997, which would require that unsolicited commercial e-mail be labeled as an advertisement and that information identifying the sender be included in the message. Says Murlowski, "Internet e-mail has become a very inexpensive means of distributing endless e-mail solicitations that not only annoy but can also defraud recipients ...junk e-mail is known in the trade by the derisive term of' Spam'. Based upon the content of many of these e-mails, I'd be in­ sulted ifl were an employee of Hormel." Says Murlowski aide Joe Keeley, "Smith's bill deals with an outright ban on commercial e-mail...were not interested in having the government tell you what you can and cannot receive in your box." This bill has little support from the cyber­ community but is backed by the advocates of bulk e- Continued on page 9 8 �Continued from page 8 mail. This bill would legalize "Spam" and would force ISP's to install Spam filters. Senator Robert Torricelli, D-NJ proposed bill S.875 the Electronic Mailbox Protection Act of 1997. Says Torricelli, "individuals are find­ ing their electronic mailboxes filled to the cyber­ brim with unsolicited messages ...many of the best qualities of American life are represented and enhanced by the Internet-- the world's most democratic medium--and I do not wish to stifle speech or inhibit the freedom of commerce or expression." This bill would make it illegal to send unsolicited mail with a fake address or from a disguised source. Spammers would have to comply with the recipients opt-out requests or face penalties of up to $5,000 per violation. Nevada is the only state that has passed anti-spam legislation which requires unsolic­ ited commercial e-mail messages to identify the sender and include instructions for removing a name from the advertisers mailing list. Con­ necticut, Kentucky, Massachusetts, New York, and Rhode Island are considering similar bills, but state statutes offer little ~nforcement poten­ tial against the international spamming indus­ try. One problem that may arise from these proposed statutes is that they may suffer from a jurisdictional limitation. A spammer might be able to circumvent the law by simply moving off-shore. However, people might be less likely to deal with someone they have never heard of from overseas. Nevertheless, with the low cost of spam production only a few responses is enough incentive for the spammers to continue on. It is the idea that the law eventually passed will be the wrong law that worries some in the Internet and civil liberties communities. "Ev­ ery time Congress has gotten involved with the Internet, its gone wrong," says Paul Hoffman, director of the Internet Mail Consortium in Santa Cruz, California. Some of the largest ISP's, such as Netcom, are hesitant about the idea of politicians deciding what can be elec­ tronically sent or received. "We always fear leg­ islation, says Glee Cady, public policy manager Continued on page 15 WE.s-r o ~ 1Hf~-/B R-rI w~s, &OP, ~ OR UR~/62r ... '-~t<~ WHO --r~:rs-r s 'St:X:GoNE \J m'(rN& ,. ,ir-s! "'-:r:'-J:)J:i TO --P:r'- "" Fl !VtE{N~ ,-r: ~A~€ TO TRL.K W-srU -:r: MfA.N, WHO ·11Y fl.~£N'r· W-rl'- 13€ , H"~'°o ,1-u: S :rs t./r ~ ·nl€ -f"~~ C::,ti X N 1 K. L.ONb'" Mll~~7 '. ER, ~ l-(4Jl. YCl KNOW. 9~'R..€W R€. it 1-'!'.SIV\ : ~f.'-..L I \.v€ Sf s 11fV\l-\.tr ~ q 1 H !:( r TM :X: S 13'-U'LOrN(r Loot:: S U:K'" ~ S€'?T:Z:L 5 YS ~M . l"'\qf<;J(j M.Y Ov.rF=:r:f. .. J..li..t:'1._CJ£-f{_ L : Uf, Lf{W i r-1tu.1,qrt- L �I WHO GETS THE MONEY? By Justin Archangel Somewhere along the line most of us will put our books away and venture out and spend a few dollars to see a band or performer at a bar, club, theater, or arena. Prices of show tickets today can cost anywhere from a few dollars at a club door to a small fortune handed over to Ticketmaster. If you are like most of the concert go­ ing public, you probably heard the major concert an­ nouncement on the FM dial, pulled out a credit card out of your wallet, bought some tickets, went to the show, bobbed your head up and down a little bit, and left with­ out thinking about what you type of operation you sup­ ported. The truth is that the artist that you see plays a large part in determining whom and what your ticket dollar really pays. The concert industry is big business and its pri­ mary source of revenue is the simple ticket sale. As some of you upstart lawyers out there may remember from Property I, a ticket sale is an exchange of cash in consideration for a license to enter a venue and watch a performance. In 1997 alone, Pollstar magazine reports that North America's total gross volume of major con­ cert ticket sales was $1.3 billion. This includes several high grossing and well-attended tours by the Rolling Stones ($89.3 million), U2, ($79.9 million gross), and Fleetwood Mac ($36.3 million). However, these fig­ ures only represent ticket revenues for only a small frag­ ment of all touring musicians. I like to think of the concert industry as happen­ ing in two distinct parts. Part one is the big time con­ cert market represented by Pollstar 's statistics and by glossy major label touring artists featured on MTV and VH-1. The second part is the sub-corporate concert in­ dustry dominated by roaming self-sufficient artists un­ supported by ivory towered agencies and record labels who drive from city to city hoping that their next gig is not canceled. Both types of touring artists basically do the same essential things: travel around the country like circuses and play music for the paying public. How­ ever, the type of venue, ticket price, transportation, and professional support between both artists are vastly dif­ ferent. And what your money actually pays for and who it supports depends largely on the type of artist that you go to see. Hypothetical Artist Tour Number One: Art­ ist number one is Jewelanis Brooksette, last year's hot new MTV princess. Jewelanis recorded an album of rocking alternative favorites two years ago for the At­ lantic Group that has since gone multi-platinum. Jewelanis has been on the cover of almost every music retail magazine in addition to every radio and record trade publication in existence. Major commercial radio has picked up Jewelanis and made her a fav~rite on all FM formats. As a result, in an effort to increase expo- I sure and to "move more units," Jewelanis's management company got together with her powerful and influential agent at CAA (Creative Artists Agency) in New York and planned an American tour to hit every major U.S. market. As luck would have it, Ms. Powerful CAA agent booked a date with Mr. Big Promoter man near your city so Jewelanis could come to a big theater near you. You read and heard about the concert at the 4,822 seat Huge Theater months in advance on the radio and in local magazines. You bought your ticket with student loan money in advance through Ticketmaster for $34.50. On your way into the show you walked passed the rows of shiny new Greyhound busses and tractor trailers. You went into the show, sang along to all the MTV and radio hits, saw an amazing light show, and went home satis­ fied that Jewelanis is a star and rocked your world. Money well spent? Here, the sellout ticket gross is around $166,359 (4,822 cap. X $34.50=$166,359). Your $34.50 will be funneled into a number of compet­ ing hands. First, the agent will take a cut of her pie. The agent will have all the bargaining power over the local promoter in such a situation because Jewelanis is an established and well-supported artist. It is theagent's job in such a situation to negotiate the highest fee for Jewelanis's performance as possible by raking the pro­ moter over the coals until the promoter coughs up a big chunk of money. The agent will then usually take 7% of the gross performance fee. Thus, Jewelanis's agent can walk away with a healthy wad of money depending on how much she negotiates as the performance fee. Second, the promoter will take a bite out of the ticket revenue. A normal deal for an artist of this level will require compensation in the form of a guarantee flat fee plus a percentage of door receipts. Usually, the percentage of door receipts paid to the artist does ~ot apply until the promoter recoups concert product10n expenses and "breaks-even." The promoter's expenses usually include artist fees, venue rental, sound and light­ ing equipment rental, security, band catering (including brown M&M's), ticketing, insurance, and advertising expenses. The promoter may be able to negotiate a fee for himself which would be paid from every ticket dol­ lar received after the break-even point is reached. This percentage is usually around 25% of the Promoter's to­ tal expenses. Lastly, the largest chunk of the leftover gross ticket revenue is paid over to the artist's tour manager. It is the tour manager's responsibility to account for the money and make sure that it is all there. The tour man­ ager will see that the money is deposited in Jewelanis's touring account and used to pay the touring crew, band members, shiny bus rental fee, manager, and of course a Continued on page 11 10 �Continued from page 10 nice fee to Jewelanis herself. You see, in this scenario a $166,359 gross creates a lot of money to spread around and make ev­ eryone happy. Just remember your money is responsible for making sure that Jewelanis and her crew travel in style and sleep in comfortable hotel suites. Hypothetical Artist Tour Number Tuo: Artist number two is a new and up and coming band out of Chicago named Ska Ska and the Skanks. The Skanks are young and just starting out and don't have the money to hire a manager or a booking agent. However, being a bunch of moti­ vated youngsters, they self-financed their own recorded four song EP and sent it to various East Coast college radio stations. The Skanks have generated a moderate buzz in some areas of the northeast and decided to book their own tour of college towns. Johnny Ska, the leader, has some local club contacts in some cities who said that the Skanks could play at their venues. However, unfortunately, most of Johnny Ska's contacts said that they didn't have any money to advertise the show and couldn't find a place for the Skanks to sleep. The Skanks decided to venture out anyway in an old rusty Chevy van and found them­ selves in your favorite dive .bar on an oth­ erwise quiet Wednesday night while you were taking a much needed break from studying Civil Procedure. In this situation, the bar owners charged you $4 to enter the bar that night. Most new bands playing in bars or small clubs are probably playing for either a flat fee or money collected at the door. Often, bar owners let the bands keep the door money while the bar hopes to make a profit off of the drinking public. Luckily, you brought your hard drinking law school bud­ dies with you that night which made the door collect enough cash to enable the Skanks to eat at Taco Bell and have enough gas money to get to the next city. In addi­ tion, when you were talking to Johnny Ska, you felt sorry for him and the band because they didn't have a place to sleep. So, be­ ing the happy go lucky music fan that you are, you invited the Skanks to come and crash at your apartment in return for their promise to invite you to their wild back­ stage parties sponsored by Mr. Big Pro­ moter Man when they get famous. The point of the two examples is to help you realize what you are supporting when you go see a show. When you ven- Who will win: Jewelanis Brooksette, or Ska Ska and the Skanks? ture out to see the next Jewelanis on the big tour realize that your money is being filtered to a lot of different competing people, some of which are not very deserving. Also, I encourage you to go see the smaller bands and performers that come throughtown. These artists often will directly rely on your dollar for survival more than the big touring star. If you decide not to go see Jewelanis some­ body else will and she will still be able to afford to ride around in a $500/day Greyhound. However, if you don't see the Skanks they might have to pay for a Greyhound ticket for a long ride back to Chicago. The Education of Mr. Bobo By Ken Grant 11 �have a hard time finding it justifiable rn any An American president mired in scandal. circumstance, except defense). Iraq is acting up again. What better way to handle two problems at once? THE CURRENT CRISIS For those of us too lost in their school work So once again, the drums of war are being beaten, and very very few people are questioning the situation at (which should be all of us, right?), the current situation with Iraq is superficially rooted in Iraq's refusal to allow all. Of course, if one remembers the Gulf War, UN inspection teams which contain disproportionate beating up on Iraq was a popular event in American amounts of Americans to work in Iraq. Of course, being history. Saddam Hussein was compared to Adolf Hitler the kid on the block with the most nukes, we told them (and despite all the evil that is assigned to Hussein, such that we would not compromise on the issue, they said as murdering his own people, he is no Hitler). American they would not compromise on the issue, and then Iraq flags were flying everywhere. Yellow ribbons were tied adds wood to the fire by (of all things) trying to assert to any object one could imagine. People put signs in their national sovereignty. Now the speculation du jour their cars, front yards, and on shirts to show their support is that Iraq has armed their missiles with bio and chem of Operation Desert Storm. It was a battle of who could warheads, and can destroy Tel Aviv (we claim we can't be more patriotic, where the jocks, rednecks, geeks, and get access, yet we know these things ...interesting). So, with both sides at a deadlock, Clinton was middle America could all hold hands and say "We must destroy Iraq and kill Saddam Hussein." America was on TV saying that this is completely unacceptable, and back! It almost makes me want to eat a huge T-bone that we are going to deal with the whole situation any way necessary. The UN is even talking tough. Iraq steak and drink cheap beer right this minute! Of course, as always, your mileage might vary. responds with all the pomp and circumstance one comes Not everyone loved the Gulf War (actually, when to expect from Hussein, saying that they will resist these Roosevelt asked for a declaration of war following Pearl aggressors, everyone should arm themselves and prepare Harbor, one representative supposedly voted against). for war, etc., etc. Its almost as if both sides are working Parents of soldiers, while proud of their kids, were from the same speech book in each crisis. So the stage is set, the drums are going full blast, undoubtedly worried that their kids would die. Further, some people totally opposed the war on all fronts, and military action looms on the horizon (of course, I including the mantras of (A) no blood for oil, and (B) hope that none is ever taken -- but regardless of this why are we defending some little sheikdom that is little crisis' outcome, it is no doubt that we will see this better than Iraq, human rights-wise, and (C) that war is situation repeated again and again). WHY THIS WAR? just plain wrong. Unfortunately, I was in the corner Of course, if you ask me (and you are still with those that supported the war. I was stupid enough to think that this war was about liberating the oppressed reading this), I firmly believe that the war wasand in Kuwait (and maybe Iraq while we were at it). My continues to be about oil. Was it? Only George Bush viewpoint came full circle when I witnessed how our Continued on page 13 12 �Continued from page 14 can tell you the truth of what he was really thinking. But history shows that we have had a very consistent interest in the Persian Gulf region based on oil. We have kept a part of our Navy on station in the Gulf for as long as I can remember. We reflagged and escorted Kuwaiti oil tankers, we armed Saudi Arabia, and we have kept a watchful eye in this region in general. When Iran threatened to close the Straits of Harmuz, we made sure they knew that this was a bad idea. When Iran hit reflagged Kuwaiti oil tankers with silkworm missiles, we struck back hard. We also armed both sides covertly, to make sure that the war would continue for as long as possible and keep both sides occupied, and to tire both sides out. There is really no reason to think that this war was about anything other than oil. Kuwait was no innocent gas station in the middle of the Persian Gulf - They were not about to win any human rights awards (if I recall properly, as soon as the Emir took back the country, all Palestinian workers were expelled, just because the PLO itself supported Iraq). Worse, this war was/is not about just oil, but cheap oil. Of course, that oil will be tainted with blood of US soldiers, Iraqis who were slaughtered by the allies (using such ethical means as bulldozing sand over them while they were still alive), and the torment of those who live under the Kuwaiti regime. TO WAR OR NOT As I stated, I don't know at this time what the outcome of the conflict will be. I know that when some people turn on the television and see foreigners burning the American flag, it arouses an unusual amount of patriotism. But every so often, in the back of my mind, I get this tiny little hope that the right decision will be made. What this conflict shows is that might makes right. Iraq is attempting to assert some sort of sovereign control over their nation. Is Iraq run by an oppressive regime? Of course they are! But it certainly isn't the only country in the world run via tyranny. Heck, it isn't even the only country in the region run by a tyranny. Yes, Iraq lost the Gulf War. Does that mean that we, 7 years later, have the right to dictate everything we want with that country under the guise and color of the United Nations? Certainly not. I don't see Vietnam exercising some sort of inspection of our country for chemical weapons (remember Agent Orange?). Assuming for a second that the inspections in Iraq are part of a legal action by the UN (keeping in mind that we ignore the UN and World Court when we find it to our convenience), what sort of expectations does Iraq have? Iraq made claims that US inspectors on inspection teams have been planting evidence and spying. No one has addressed this claim. Iraq is quite likely concerned that the country that has been the main aggressor against them, the US, is not quite an objective observer. Are they right? Who knows, except if one steps back from the whole situation and forgets about patriotism for a minute, its not too hard to sere Iraq's vantage. FINALLY. .. Do I love Saddam? No, don't be silly. Do I think we are acting like a bully? You better believe I do. Do I think that patriotism is stupid? Nothing has started more wars -- you decide for yourself. Perhaps we should change our motto from "In God We Trust" to "We've Got the Bomb." The ultimate irony in this column is, that I originally wrote it in late November, for a nearly identical standoff with Iraq. 13 SUMMER IAWSTUDY in Barcelona Dublin Florence London Moscow Oxford Paris San Diego :t: ~ Universityof &n ~ FOREIGNLAW PROGRAMS SCHOOL OF LAW 5998 Alcala Park San Diego, CA 92110-2492 e-mail:cking@usdlaw.acusd.edu fax: 619/260-2230 hltp://192.215.86.8 �IMAGES IN MALE As a young and brash people, Americans have often equated change with progress. Social commentators typically observe change and claim to discern evolution. It is important to recall, however, that all change is not progressive, and oft-overlooked corollary to evolution is the possibility that a civilization may devolve, worsen, and alter in ways that are deleterious to governments, individuals, and the enduring artistic monuments of human creativity. In better days, scholars and thinkers did not fear to call such social devolution by its proper name: decadence. Before the triumph of science and the conception of the idea of social engineering, "progress," from the Latin progradi, meaning to step forward, signified simply a movement from place to place. While those undertaking such movement could arrive at an ultimately favorable destination, the term lacked the positivist connotations with which modernity has endowed it. (Cf.. The Pilgrim's Progress. See also, line 113 of Prufrockfor the deliberately antiquated usage that Eliot employed).' As depicted in art, progresses often had undesirable destinations. The Rake's Progress led the rake to dissipation and death. The Harlot's Progress did the same for the loose woman. (In those distant, better days, a loose woman couldn't redeem her respectability by claiming to be liberated). Philosophers of the nineteenth century claimed to discern a progress of civilizations. While Marx popularized the idea of a linear progress, with an ultimate, putatively desirable destination, the positive value judgement associated with the concept of progress became fixed in the minds and the language of the scholarly and political class that embraced progress as the route to utopia. The linear conception took as its model the growth and development of an infant. As a boy grows to a man, his growth is accomplished and irreversible. On a grander scale, the linear conception of progress offered the evolution of species. (Cf.. ENGELS. Role of Labor in the Transition from Ape to Man). As a species evolves into another, reversion to more primitive forms was believed not possible. The linear conception of progress, however, supplanted a sturdier conception which understood progress as a recurring cyclical pattern. Proponents of this view discerned its trajectories in the history of human states, civilizations, and institutions. The image that gave transcendent substance to this pattern was the image of the changing seasons. A people's vibrant spring and fertile summer give way to blustery fall, and by winter the scene was a sterile wastelandglad of death. The experience of the Roman Republic provided the template for this cyclical view of progress. The development of Rome from insignificant backwater to vigorous, dynamic, and triumphant state, and its subsequent decline into degeneracy, tyranny, and decadence seemed to offer a cautionary tale to the myopic modern man tempted to abandon his ancestral virtues in order to enjoy fully the diversions that recent advances in the life of his civilization made possible for seemingly the first time. So, which way are we going? Is our American society evolving, like a Cro-Magnon leaning back on his hind legs to run to a neighboring stand of breadfruit trees? Or are we part of a cyclical progress of birth, growth, decline, death, and if so at what stage to we find ourselves? To hear the great of our country, the leaders, presidents, the writers, and framers of our public consciousness, we are evolving endlessly. To the cognoscenti, i.e. writers of textbooks on our history, the leadership of one of our national political parties, and a multitude of scholars and instructors at every level of our educational system, America was the nation of Cro­ Magnon until thirty years ago, when the smoke of marijuana rising from pipes and bongs at innumerable campus sit-ins encouraged Cro-Magnon to leave behind his stone-age disposition and wafted him on his way to the next stand of trees. (History will judge whether it is significant that these same scholars, writers of textbooks, and political leaders were the very people smoking the bongs and pipes)2. Yet, to determine whether our civilization has evolved, we must determine by what accomplishments a people and a nation are judged. Living peoples ~nd civilizations are judged on their social strength, which is revealed in the lives of their most benighted populations. A nation where the poor are virtuous is a nation of great social and moral strength, and should inspire the admiration of peoples not so fortunately situated. Sadly, we cannot claim any particular virtues for our lower classes. It is an article of faith among the cognoscenti that the neighborhoods where our poorest live are among the most dangerous in the world, and provide haven for every sort of vice. The sa~e cognoscenti intone knowingly that such a state of affaus is a measure of how much further our civilization has yet to evolve. Nonetheless, the moral condition of our poorest citizens compares poorly with the moral condition of the poorest members of virtually any other society or civilization. Is this the fruit of social evolution? The life of the poor has not evolved in a way consistent with linear progress. Nonetheless, moral strength, while important for living civilizations, is much less important_ when considering dead ones. The enduring achievements of civilization lay not in the material sphere. Dead nations and peoples are judged by the art they produce. Perhaps the people of Nineveh enjoyed social justice. Perhaps they were fair. Perhaps they were amiable, their streets 14 Continued on page 15 �Continued 'from page 14 were safe, and they liked to play with their children. We don't really know, and most of us don't care, because they left no monuments to human creativity that engage our interest. In comparison, Homer, the Greek dramaturges, and the Greek philosophers so impressed the people that succeeded them that any description of the Western world view must rely on words and concepts of Hellenic provenance. Greek art appealed to the passions, engaged the intellect, and nourished the soul. The Greek heritage enjoys such high regard because subsequent peoples judge the tree by its fruit. What then will be said of our culture? What will a taste of our fruit reveal about the tree? Can we expect our art or music to win and keep admirers? Our culture as measured by the art we produce has declined far. What passes for art ignores the soul, denigrates the intellect, and coarsens the passions. What our degenerated entertainers claim as art serves only to titillate the eye. Outsiders and successors must view our art only as a monument to the decadence into which we slide. The changes our culture and nation have endured, in some cases changes foisted on us by social engineers unsatisfied with innate human nature and beguiled by the conceit that human nature is socially constructed, have led not to the evolution of our society into anything desirable, but rather to our devolution into a crude, decadent, perverse, and stupid society. The true horror is currently evident only at the high and low ends of our social order: the collapse of civil life among our poorest; and the jejune sensualism and inane, platitudinous discourse that marks the intellectual life of the cultural elite. Change of some sort is the only sign of life, but sometimes it is for the worse. Over the last several decades, change has struck at the underpinnings of our society, and threatens to render the grand and unique American experiment in democracy just another decadent fraud dumb to the aspirations of the human spirit, and conversant only with the base seductions of the untrammeled flesh. In future months, this column will explore various aspects of our cultural decline, and in some cases will suggest causes and solutions. by Adam Perri Endnotes: 1 Since this article will appear in a newspaper designed for the primary readership of Englishspeaking current and future members of an eminently literate profession, the author will undertake no pains to provide full titles or proper citation forms of masterpieces of the English literary and cultural heritage that should be familiar at least by name to members of such a profession. Unfamiliarity with such treasures is possible only among the poorly educated. Ambivalence toward them is the pose of the dullard. Hostility toward them bespeaks the mentality of the savage. 2 Consider the views of Tacitus: "[It is] a historian's foremost duty to ensure that merit is recorded, and to confront evil deeds and words with the fear of posterity's denunciation." ANNALS III 65. Can the Spam Continued from page 9 for Netcom, explaining that for an industry changing as rapidly as the Internet does, codifying and restricting things now may well impinge advancements later on". The Coalition Against Unsolicited Commercial E-mail is an example of a group of cyber-citizens that have banded together to fight Spam. CAUCE recom­ mends that without a doubt the most important thing a person can do is contact members of Congress. Ironi­ cally, the organization advises people to write by snail mail rather than e-mail since many of the offices of the Congresspersons considering such e-legislation are not entirely e-literate. Spam hunting has become popular among users desperate to unveil the identity of their spammer. The key to spam hunting is to identify the originating domain and to block it. There are ways to find out where the mail originated even if the addresses are fake. This way you can at least alert the ISP it passed through. A unix feature called traceroute will identify the route the message traveled from the source. This feature is available on the web and built into Windows 95/NT. (Go to a DOS window and type tracert, then the domain name you want to trace. Once you locate the culprit you can find out who's in charge by performing a Whois search at <http://re.internic.net/ cgi-bin/whois>. You '11find the name, address, and telephone number of the technical administrator who may be unaware that his connection is being used for bulk e-mail. Be careful about giving out private information. Don't give your real home address and telephone number unless its absolutely essential when filling in an online registration form. A majority of these com­ panies turn around and sell these lists to the spammers. (Visit the Computers and Law Homepage at <http://wings.buffalo.edu/Complaw> to browse other interesting articles related to computers and the law. ) 15 �BPILP Bar Night at the Colored Musicians' Club. December 1997. Amy Schwartz, Joane Wong, and Nelson Mar enjoying BP/LP bar night See future issues of the Opinion for news of the upcoming BPILP auction. Cheryl Nichols singing OFFEND US!!! NOW THAT WE HAVE YOUR A1TENTION, WE HERE AT THE OPINION ARE INTERESTED IN WHAT YOU HAVE TO SAY. WE INVITE ALL STUDENTS, FACULTY, AND ADMINISTRATION TO SUBMIT COLUMNS AND LETTERS TO THE EDITOR. DOES THE BIZARRE GRADING SYSTEM PISS YOU OFF? DO YOU THINK THAT FOOD SERVICE ON CAMPUS IS DISMAYINGLY SUB­ STANDARD? ARE YOU PART OF A "VAST RIGHT WING CONSPIRACY" TRYING TO BRING PRESIDENT CLINTON DOWN? ARE YOU UNSURE WHO THE DEANS OF THE LAW SCHOOL ARE AFTER 3 YEARS? DO YOU THINK THE OPINION SUCKS? WE WANT TO KNOW! Please leave any letters or columns in box 95 (Russ Klein) or in the Opinion office (end of the basement) -- a hard copy is required, and a floppy disk with the file is requested (Word Perfect 5.1, please). Your name, box number, and phone number should be on any correspondance. 16 � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Opinion, 1998-02-02 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. The Opinion no. 6 02.02.1998 Date Issued Date of formal issuance (e.g., publication) of the resource. 2/2/1998 Bibliographic Citation A bibliographic reference for the resource. Recommended practice is to include sufficient bibliographic detail to identify the resource as unambiguously as possible. 38 6 Publisher An entity responsible for making the resource available University of Buffalo State University of New York at Buffalo Law School Language A language of the resource eng Type The nature or genre of the resource Newspapers Text Is Part Of A related resource in which the described resource is physically or logically included. LIB-LAW003 Rights Information about rights held in and over the resource <a href="https://rightsstatements.org/page/CNE/1.0/">COPYRIGHT NOT EVALUATED</a>. The copyright and related rights status of this Item has not been evaluated. Please refer to the organization that has made the Item available for more information. You are free to use this Item in any way that is permitted by the copyright and related rights legislation that applies to your use. This digital collection is made available for research and educational purposes. Researchers are responsible for determining copyright status, and securing permissions for use and publication of any material. Copyright for items in this collection may be held by the creators, their heirs, or assigns. Researchers are required to obtain written permission from copyright holders and the University Archives prior to reproducing or publishing materials, including images and quotations. For inquiries about reproduction requests and permissions, please contact the <a href="http://library.buffalo.edu/archives/">University Archives</a>. If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/a8d12d10b3c7c35c4afacf87de8d2b86.pdf 782c6e38cc60723deea324b771e83fd7 PDF Text Text THE \ \ ' \ '(CP I \ / I Volume 38, No. 3 STATE UNIVERSITY OF NEW YORK AT BUFFALO SCHOOL OF LAW November 4, 1997 Del Cotto to receive Jaeckle award at UB Law convocation By Ilene Fleischman, Special to The Opinion Law students are invited as guests of the UB Law Alumni Association when Louis A. Del Cotto, professor emeritus at the University at Buffalo School of Law, receives the 1997 Edwin F. Jaeckle Award-the law school's highest honor­ during a luncheon to be held at 12:15 p.m. on Saturday, Nov. 8, in the Hyatt Regency Buffalo. · Del Cotto will receive the award fol­ lowing the law school's 22nd annual Alumni Convocation. Students should sign up in the alumni office, room 309 O'Brian Hall, by November 3rd. "It's a wonderful opportunity for stu­ dents to network with our alumni," ac­ cording to Assistent Dean Ilene Fleischmann. "I hope they take advantage of the generosity of the Alumni Associa­ tion." The award, named for .Edwin F. Jaeckle, a 1915 graduate of the law school, is given annually to an individual who has distinguished himself or herself and has Louis A. Del Cotto, AwardReceipent made significant contributions to the law school and the legal profession. Recognized as one of the nation's top tax authorities, Del Cotto graduated from UB law school in 1951 and prac- Family Violence Clinic awarded grants by Rochelle D. Jackson, Editor-in-Chief The Family Violence Clinic has money to spend thanks to the grants it was recently awarded. TheClinicreceived$50,000inmem­ ber item funds from Senator Mary Lou Rath's office and a $75,000 STOP Vio­ lence Against Women Act grant from New York State Department of Criminal Justice Service. According to Professor Sue Tomkins, who headed and was instru­ mental in the grant proposals, "I knew that when the Violence Against Women Act was passed in 1994 there would be funding available." Tomkins began work­ ing on the grant proposals and continued to do so over the next two years. The Clinic, which is in its sixth year, wac; established to provide legal assis­ tance to domestic violence victims, en­ hance the academic experience of law students and to increase the number of lawyers sensitive to the issue. "Over the past four years we have developed written protocols and assisted in developing community coordinated re­ sponse projects," Tomkins said. Under staff supervision, clinic students assist in protocol development for police depart­ ment and courts. Additionally, in the pac;t students have developed a training video for law enforcement and health profes­ sionals working with domestic violence victims. "Last spring I began to think about establishing the Family Violence Clinic as a regional resource center offering legal assistance throughout the western region of New York State," Tomkins said. It was also during the spring se­ mester that Tomkins began traveling with Matthew Murphy, a district attorney for Niagara County, in an attempt to gain local support. Tomkins said Murphy was confident that District Attorneys in other counties could benefit from the Clinic's work. Subsequently they were successful in establishing the Clinic as a resource center for the 8th Judicial dis­ trict of New York State. According to Tomkins, "Professor Mangold and Dean Olsen were also es­ sential in helping to gain support from local counties." The Clinic will provide technical assistance and materials tailored to the needs of each county. "In some of the counties it may be helping them develop a task force or setting up meetings with court personnel. It depends on the county." The grants will allow the Clinic to hire a part-time instructor who will be­ gin in the Spring semester and will fund additional computer equipment. "I was very excited when I learned the Clinic had been awarded these grants. It's a wonderful opportunity for the Univer­ sity to share resources with those com­ munities," Tomkins said. ticed for a decade with the Buffalo firm of J aeckle, Fleischmann, KeJiy, Swart & Augspurger. In 1955, he became a partner in the firm now known as Jaeckle, Fleischmann & Mugel. Several years later, Del Cotto re­ turned to academia, earning a master's degree in law from Columbia Univer­ sity. He joined the UB law faculty in 1961. He was influential in broadening and shaping the school's tax curriculum and taught thousands of students the intricacies and policy behind the tax codes. He is regarded by former students as an extremely effective teacher, role model and mentor. Nationally respected as a scholar, Del Cotto collaborated with top experts on the five-volume treatise on Federal Income Estate and Gift Taxation. From 1~81 until recently, he was tax counsel with the Buffalo firm of Kavinoky & Cook. The convocation program, to run from 8:30 a.m. to 2:30 p.m. in the Hyatt, will focus on recent developments in tax law, matrimonial procedures, supplemen­ tal needs trusts and jury selection. Law Students are also welcome to attend this program. Scheduled to speak are Ann B. Bir­ mingham, a vice president and senior trust officer, Marine Midland Bank; John F. Canale, a senior partner with the Buf­ falo firm of Bouvier, O'Connor; Peter J. Fiorella, Jr., a partner in the Buffalo firm of Fiorella & Palmer; the Hon. Barbara Howe, New York State Supreme Court justice for the Eighth Judicial District and an adjunct associate professor of sociology at UB; Kenneth Joyce, SUNY Distinguished Professor in the UB School of Law, Patrick C. O'Reilly, a senior managing partner with the Buffalo firm of Lipsitz, Green, Fahringer, Roll, Salisbury & Cambria, and the Hon. Nelson Cosgrove, New York State Su­ preme Court justice for the Eighth Judi­ cial District. Outlaw holds silent vigil by SA. Cole, News Editor On Wednesday, October 8, VB Law's Queer/Allies group, Outlaw, held a silent vigil in the North Campus Stu­ dent Union. Stationed just outside an office where military officials were con­ ducting recruitment interviews, the group sealed their lips with tape, and mutely distributed flyers detailing the reason for their vigil. The silent vigil was held to protest the military's "Don't Ask Don't Tell policy;" which has been in effect since 1992. The flyers handed out during the protest explained the taped-shut mouths of Outlaw members as an analogy to the enforced silence of homosexuals in the military. Flyers were given to both passersby and law students approaching the pro­ testers on their way to a recruitment interview. The flyers stated that, "The military has consistently violated the policy by asking and pursuing with the following result: The Department of Defense has discharged more service members under its Don't Ask Don't Tell policy in fiscal year 1995 than in each of the past four years!" "We chose to a silent vigil directed at the military while the military was on campus so they wouldn't become com­ placent in the Don't Ask, Don't Tell Policy," Kristin Long, a participant ex­ plained after the vigil. According to Long, last Fall Con­ gress enacted a provision aimed at with- holding federal funds from schools with "anti-military policies." When the mili­ tary is denied access on campus, it can direct the Department of Education to withhold federal funds. These funds may include workstudy and Perkins loan, to name a few. "This is a huge tool the military can hold over a school's head. Two of the schools which refuse to remove the ban have had some student-aid funds cut," Long said. "Outlaw was trying to bring the issue to the forefront but in a way that didn't deny applicants an opportunity to inter­ view," Long said. The protest began at 10 a.m. and continued for the duration of the interviews, until 2 p.m. Outlaw members studied and distributed flyers and the vigil went unmarred by backlash or counterprotest. HIGHLIGHTS Studentexamines competition in LawSchool......................... pg.2 BPILPfellowsshare summerexperience ................... pg.3 Comparing UB'sWebSite to otherlawschools.................. pg.4 �EDITORIAL THE OPINION 2 IHf OPI Volume 38, No. 5 ION Founded 1949 1'1 Letters to the Editor November 4, 1997 Dear Editor, Rochelle D. Jackson Editor-in-Chief Cindy Y. Huang Managing Editor •---------STAFF---------• Business Manager: News Editor: Copy Editors: Photography Editor: Editorial Editor: Joe L. Huang S. A. Cole Enrique Benitez, Michael Bordera Richard Ramdin Fidel Gomez Senior Editors: Tony Cao, David Hoffman, Kristin Greeley, The Opinwnis a non-profit, independent, student-owned and run publication funded by advertising fees. The Opinion, SUNY at Buffalo Amherst Campus, 7 John Lord O'Brian Hall, Buffalo, New York 14260, (716) 645-2147. The Opinion is published bi-monthly throughout the Fall and Spring semesters. It is the student newspaper of the State U niverstty of New York at Buffalo School of Law. Copyright 1997 by The Opinion, SBA Any reproduction of materials herein is stnclly prohibited without the express consent of the Editor-In-Chief and p1ecewri1er. Suhrrussion deadlines for letters 10 the editor and Perspectives are 5 p.m. on the Wednesday preceding puhltcatton. Advertising deadlines are6 p.m. on the Thursday preceding publication. Submissions may either he mailed to The Opinion, or dropped off outside of the Opinion office in thehasement of O'Brian Hall, Room 7. All copy must be typed, single-spaced, andsuhmilled on paper and on a computer disk (IBM-WordPerfect 5.1). Letters are best when written as a part of a dialogue and must be no more than one page. Perspectives are generally opinion articles concerning topics of interest to the law school community and must be no more than two pages single spaced. We reserve the right to edit any and all submissions as necessary. The Opinion will not publish unsigned subrruss1ons. We will return your disks to your campus mailbox or to a private mailbox if a self. addressed stamped envelope is provided. TheOpinionis dedicated to provjde a forumforthefreeexchange ofideas,therefore notanthevjewsexpressed iuthisnewspaper arenecessarily thoseoftheEditors orStaffof TheOpinion, EDITORIAL: November 4, 1997 It's time to rai e some issues for discussion on these op-ed pages, and I rarely shy from an issue, so here goes. At this point in this semester, it's difficult to say that you've not heard someone going on and on about how so-and-so didn't make Law Review, or so-and-so made the Moot Court Board, or team, or so-and-so gottwo D's(or alternately, 5Hs). Though UB strives to be non-competitive, compe­ tition abounds. Healthy competition is good, and may drive someone to stay up until 3:00 a.m. finishing a Jessup brief, or working round the clock on a client's case to impress a partner. The end product, a polished, well-conceived piece of work is the positive output of such competition (not, however, how impressed the part­ ner, or your colleagues are). The negative aspect of competition, and the reason that I believe UB discourages it, is its resultant denigration of others who choose not to do the things that you do. For example, I've recently heard talk that it meant very little for some to have received offers to join the staff of In the Public Interest, (Buffalo's Public Inter­ est Law Journal) because they concur­ rently received an offer from the Law Review. Til.isthinking is both destructive and flawed. First of all, the competition for both publications (and probably the other journals, as well), was stiff this year. There were many fine casenotes submit­ ted, and In the Public Interest took only those its Executive Board wanted to take, based on commitment, skill, and effort. Secondly, to believe otherwise is to deni­ grate your colleagues, who have done a tremendous amount of work on the jour­ nal; and to bestow on Law Review mem­ bers some kind of misplaced reverence. At UB, like most every other law school, those on the Law Review are con­ sidered the "cream of the crop," and many law firms refuse to interview anyone with­ out that designation on his or her resume. At base, "making Law Review" means that such a person had the desire, and the time, to invest a certain amount of time and effort on writing a clean, clear casenote. Likewise, "making the team" in a moot court activity, a highly prized accomplishment, signifies, at base, hav­ ing placed tremendous effort in the pur­ suit of that activity. Unfortunately, what this kind of valu­ ation does is erase from the board your colleagues who place value on a whole host of things outside O'Brian's walls: the pursuit of a dual degree, legal or activist work outside of the law school, or working to be a splendid parent. None of these activities alone, just as membership on a journal or law re­ view, or moot court board or team, will automatically translate into making you a good attorney-or more importantly, making you a good person. Inflated . pride and its accompanying upward turn of the nose, often directly results in the opposite. If this loftier goal of seeking to value people a<;rightful indi­ viduals regardless of !heir law school activities and honors doesn't strike a chord, maybe self-interest will. One thing that we all must remember, present writer included, is that your colleagues here may very well be your colleagues "out there," and if we disrespect one another here, no one will have the shield of our law school "titles" and "honors" to hide behind as new attorneys. Sincerely, Corinne A Carey 3L The Opinion Staff would like to apologize to our readers for the mistakes found in the last edition. Thank you for your continued interest. The Opinion welcomes your submissions. It matters. The Opinions you want to hear. If you have an opinion on anything published in our newspaper or on any current events topic that concerns the law school community, write to The Opinion. Letters to the editor are best when written as a part of a dialogue and must not he longer than two pages double-spaced. Perspectives are generally opinion articles concerning topics of interest to the law school community and must not he longer than four pages double-spaced. All submissions are due the Wednesday before we publish in the hotbox outside of the Opinion Office. Your submission must be typed, single-spaced, and submitted on paper and on a computer disk (IBM-WordPerfect 5.1 format). Send your submissions to The Opinion office, in the basement of O'Brian Hall, Room 7. �-· November 4, 1997 THE OPINION NEWS/FEATURES 3 For the Public Interest More stories from the BPILP Front Summer 1997 Fellowship Exp~riences For the Public Interest is a column submitted hy the Buffalo Public Interest Law Group (BP/LP). It is designed to educate the community of the many facets of Public Interest Law. This is the second installment of a two-part series describing the experi­ ences of the Buffalo Public Interest Law Program's Fellows of Summer 1997. BPI LP wishes to encourage all law stu­ dents to attend our meetings, explore public interest law opportunities, and learn from past fellows who have done some fascinating work in the field of public service with an extraor­ dinary variety of institutions. Theresa Cusimano. Theresa was one of the direc­ tors of BPILP last year. She spent her summer working for the Na­ tional Institute for Citizen Education and the Law (also known as Street Law, Inc.). She obtained this position through the NAPIL career fair. The mission of Street Law is to facilitate the education of citizens regarding the law, bringing concepts like basic human rights and principles of democracy to high school students and underprivileged popula­ tions throughout the country. Education and law being Theresa's two main inter­ ests, this job was tailor-made for her. She worked on the Supreme Court Insti­ tute, briefing 1996-97 Supreme Court decisions for use in exercises by high school history teachers. She even met Justice O'Connor and privately toured the Supreme Court. Arthur Wemegah. Arthur worked for Legal Aid Bureau of Buf­ falo, Criminal Appeals Divi­ sion. His first experience with the Bureau was through a UB externship. His main responsibilities were to research the issues for criminal appeals cases and write the appellate briefs.· He argued one cases last week before the Appellate Division in Roch­ ester. He also wrote memos for various other cases. Arthur found the real-life experiences to be very exciting and re­ warding, and the attorneys to be helpful and supportive. He highly recommends this internship. Jay Ovsiovitch. Jay had a BPILP/ Buffalo Human Rights Law Review co­ op and interned at the Human Rights and Peace Centre (HURIPEC), Faculty of Law, Makerere University, located in Kampala, Uganda. He researched the implementation of economic, social and cultural rights focusing on the rights to hous­ ing and educa­ tion. Other ac­ tivities included training HURIPEC in­ terns before they went out into the field, working on a prison project which would test constitutional norms on behalf of prisoner's ~ights and educate the public about issues involving Ugandan prisons, attending governmental meetings on be­ half of the organization, and helping to edit the East African Journal of Peace and Human Rights. Kate Verge. Kate had a BPILP/ Domestic Violence Task Force co-op. She worked at the Niagara County Do­ mestic Violence Intervention Program. She was exposed to both family and criminal courts in Niagara County. Most of her representation of clients dealt with temporary and permanent restraining or­ ders. She also did research for the Do- Jessup International Moot Court Board 1997-1998 Regional Team Kevin C. Clor Janette Cortes Elizabeth Garrigan Brendan J. Reagan Nancy B. Saunders New Associate Board Members Jack G. Barone Michael A. Bordera Vicki-Lynn Toscano-Cantaffa Janette Cortes Elizabeth R. Garrigan Fidel E. Gomez Tonya E. Guzman Antoinette Mucilli Michael B. Santa Maria Daniel E. Sarzynski mestic Vio­ lence Coali­ tion and par­ ticipated in team meetings to improve the Coalition's presence in the community. Kate also served as the liaison to the Assistant District Attorney. She conducted pre­ trial discovery for domestic violence cases, and assisted with all additional aspects of the trial process. - �4 THE OPINION NEWS/FEATURES November 4, 1997 UB Law's Web Page v. The Rest by Russ Klein, Columnist It's time to face up to the fact that we are now in the midst of the "information highway" era. One of the first and most important impressions any prospective law student gets now of a law school can very easily be from the way the law school presents itself on the world wide web. So, it would be useful to compare how some typical law school web pages stack up to each other, and compare to UB. Harvard Law School's Web Page The very name Harvard Law evokes an image in most people's minds of a school that is the cream of the crop. Harvard Law's web page (http:// www.law.harvard.edu) does its best to support this image. The first picture one sees on the web page is of the law school. The web site itself is packed with infor­ mation, and provides useful links to all things one would want to see, including their library. From the library page, for example, you can access the vast resources Harvard has to offer, and by searching the web site a little bit, you can even be taken on an on­ line tour of all the law school buildings in Harvard. All in all, the sort of class one would expect from a school with the sta­ tus of Harvard is embodied in their web page. Columbia Law School's Web Page While Harvard evokes images of top notch class, my Grandfather always spoke of Columbia as being a school of radicals. Whatever its reputation, I've always viewed it simply as a school in New York City, and this shows on its web page (http://www.columb!a.edu/cu/law). by Kristin Greeley When entering the main page, one is pre­ sented with four different images that rapidly change. Presumably, this is so you can get a lot of different views of the school and the community. But its main effect on me was just to give me a head­ ache. I was aching to find a link to check out, just to get off this main page. Once you finally got past the annoying pictures, you are presented with a selection and layout that can only be described as top notch. Boston University School of Law Now here is something different. Boston University's web page (http:// web.bu.edu/law), unlike Harvard and Co­ lumbia, does not try to convey an air of glorious history -- yet it manages to show the school in a distinctive light. On the other hand, it also does not have a great many links, although it has enough to at least get a basic sense of the school. The links to the library allow you to peruse their catalogue on-line, once you jump through a few hoops. All the information is there -- you just have to figure out where it is all hidden. All in all, a good web page with­ out all the pomp and circumstance of Harvard. University of Denver School of Law The University of Denver (http:// www.law.du.edu) web page is different, in a subtle, though peculiar manner. The page has all the right pictures, that convey an image of Colorado that many of us have in our minds -- a place of sheer natural beauty and lots of skiing. But interestingly, the background of many of the pages is grey. This alone makes the text a lot easier to read. On the other hand, it makes the pictures look very uninte­ grated, as if they had been tacked onto a ph~to album. In terms of the information pre­ sented, it contains many of the same links of the other school's web pages, and presents them in a reasonable order. The library web pages are fairly informative, and provide you links to many useful tools, except it has one critical thing miss­ ing -- access to its library catalogue. University of Utah College of Law From the very beginning, visiting the University of Utah College of Law's web site (http://www.law.utah.edu), one gets the impression that this site was designed by real professionals. While the other sites merely look good, this site looks top notch, right away. The obliga­ tory picture of the law school is there, with all the links one could ever want on the right, and a separate link to the library on the left. The library section of the page is very thorough and contains informa­ tion that the other pages did not. One thing on this web page that is not so evident on all the others that I checked out, is that this web page has its very own search engine, so you could search the web site for any information you would need, if you couldn't find it through their easy to follow lay out. One would think that more web sites would have this handy feature, but this is not the case. University at Buffalo School of Law Finally, its time to look at our very own web page. Our web page (http:// www.buffalo.edu/law) is a very different site. It is a lot plainer than the others, yet My Spleen it at least looks distinguished. The intro­ duction page is plagued with the same problem I had with Columbia's web page -- the rapidly changing photographs (though there is only one on this page, whereas Columbia had four different pictures that changed). The pictures on the front page, is focused on the diversity of students that go to school here. Many of the pages have frames, which is something many users find pretty annoying. The site itself contains most of the information one could want to know about the law school and its new curriculum. To the web site's credit, there is a search engine. However, im­ portant information regarding the com­ munity surrounding is not so easily lo­ cated on the web site. Conclusion From looking at the web pages, it is clear that some web pages are better than others at conveying their message. How­ ever, this is not to say that the others are not good. The University at Buffalo's School of Law web page is a respectable page, and a lot better than others that I lookedat(anddidn'treviewhere). How­ ever, it is still lacking in some regards, and it is not in the same league with a web page like the University of Utah Collage of Law. In this brief comparison of UB to other schools, I would have to say that Utah's web page is the hands down win' ner, with the other pages coming in not too far befiind. People looking at UB's web page will still get a good view of the school, and would not be dissuaded from apply­ ing here. However, it is not going to win any awards any time soon. Columnist 'Tis the Season Wednesday, October 1, was one of my favorite days of the year. No, I don't have any great love for the month of October and the cooler weather and fall colors it brings. No, October 1st is not my birthday. (June 29 is my birthday. Late June is the best time to have a birthday - you get presents every six months. But I digress.) October 1 was the beginning of the 1997-98 National Hockt:y League season. It was a great day for hockey, as Badger Boh would have said. Yes, I am a woman, and yes, I love hockey. I can spell "Vanbiesbrouck." I can name all of the Sutter brothers (Brent, Bryan, Darryl, Duane, Rich and Ron), although I cannot tell you what each is doing right now. But I'm not even sure their parents could, either. I know what offsides is. 1 can't define "icing," but I know it when I see it. (Sound familiar, anyone?) I'm not sure why I like hockey. It's an awfully brutal game. The players are usually missing some of their teeth and are likely to have stitches or a black eye. And most of them are a couple of goals short of a hat trick, if you know what I mean. (This doesn't mean that the thought, "Damn, he's kinda cute," never crosses my mind while watching hockey, though.) Anyway, I thought I'd take this op­ portunity to voice some of my thoughts on the new st!ason for your reading plea­ sure. 1 don't profess to be a hockey guru as Don Cherry or Stan Fischler do, so please bear with me if some of my obser­ vations seem a bit inane. Let me first start right here in our own backyard. With the Pat Lafontaine situation, of course. Do Larry Quinn, Darcy Regier, and Lindy Ruff have maca­ roni and cheese for brains? I think so. They got rid of one of their best players, allegedly because they didn't think it was safe for him to play. Who are they trying to kid? They got rid of him bt!cause ht! had a $9 million contract, for which tht! Rangers assumed full liability. Their team won't nt!ct!ssarily suffer bt!cause they're used to not having Lafontaine around anyway, but I still think it was a bad move. It certainly doesn't win them any points with the public. But why am I complaining? I'm a Rangers fan ... I won't even address the Ted Nolan situation. Tht! Sabres wert! just plain wrong. Why do they think they were so successful last season? Obviously, they think it's because of Hasek more than Nolan, and they may be right. But the phrase "prim a donna" does cross my mind. And how 'bout them Rangers, start­ ing off the sea,;on with four ties. Leave it to the Rangers to be the first ones to accomplish that feat. And Lafontaine is doing very well, thank you. I haven't rt!ally had a chance to get a good look at my Rangers yet because EVERY RANG­ ERS GAME ON THE MSG NETWORK ISBLACKEDOUTINBUFFALD. What is tht! point of paying for cable, I ask you? And no, I don't miss Messier. My take on the whole situation is that he was cranky because they didn't want to pay him as much as Gretzky. And well they shouldn't. I hope he's happy in his new shark-embla­ zoned uniform and with his fatter wallet. Now onto romper room. That can only mean one player: Eric Lindros. Lindros is undoubtedly a very talented playt!r. So why does he have to play like such a goon? He's like a cross between Mario Lemieux and Ulf Samuelsson. He takes at least one cheap shot at somebody much smaller than him each game. I don't believe this crap about him being only 6'4" and 229 lbs. He must be bigger than that. So pretty much everyone is smaller than him. Why don't they sus­ pend the big oaf'! Teach him a lesson, for once. Because he'd cry, that's why. I swear, every time 1 see him intt!rviewt!d, ht! seems like he's on the vt!rgt! of tt!ars about something. It's nice to see a man who is able to show his emotions, but he's almost pathetic. I don't care if he was voted Ont!of People's "Fifty Most Beau­ tiful People" in 1993. I almost forgot about Lemieux. He will surely be missed. I give him a lot of crndit, though. He wa,; able to walk away from the game on his own terms, and did so with class. He knt!w it was time to go, if ht! ever wanted to have a normal life after his career was over. I wonder what he would have been like if there had been no back injury and infection, no Hodgkin's disease. I truly think he could have been the better than Gretzky. He's still number two all-time in my book. (Howe's three.) He left the game when he did because ht! knew that as great a game as hockey is, there arn things that are more important. It is just a gamt!. Most hockey analysts (not that I'm really one of them) make predictions about which tt!am they think will win the Stanley Cup each year. And many of them art!just plain wrong each year. So I'm not going to do that. I can't really give my opinion because I haven't seen each team play yet, we're really not that far into the season, and things can change quickly. Tht! playoffs often bring at least a couple of surprises, too. Speaking of surprises, I've got a surprise for all of you. This column does relate to our law school experience. I commend to you for your reading plea­ sure Probert v. INS, 954 F.2d 1253 (6th Cir., 1992). This is one' of a series of cases involving Robt!rt Alan (a.k.a. "Bob") Probert and his attt!mpt to bring cocaine into the U.S. from Canada. This particular case is a good summary of the whole situation, for those of you who may have bet!n confused. So those art!my thoughts on hockey. For now, at lea'it. Oh, I almost forgot - Potvin sucks. � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Opinion, 1997-11-04 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. The Opinion no. 5 04.11.1997 Date Issued Date of formal issuance (e.g., publication) of the resource. 11/4/1997 Bibliographic Citation A bibliographic reference for the resource. Recommended practice is to include sufficient bibliographic detail to identify the resource as unambiguously as possible. 38 5 Publisher An entity responsible for making the resource available University of Buffalo State University of New York at Buffalo Law School Language A language of the resource eng Type The nature or genre of the resource Newspapers Text Is Part Of A related resource in which the described resource is physically or logically included. LIB-LAW003 Rights Information about rights held in and over the resource <a href="https://rightsstatements.org/page/CNE/1.0/">COPYRIGHT NOT EVALUATED</a>. The copyright and related rights status of this Item has not been evaluated. Please refer to the organization that has made the Item available for more information. You are free to use this Item in any way that is permitted by the copyright and related rights legislation that applies to your use. This digital collection is made available for research and educational purposes. Researchers are responsible for determining copyright status, and securing permissions for use and publication of any material. Copyright for items in this collection may be held by the creators, their heirs, or assigns. Researchers are required to obtain written permission from copyright holders and the University Archives prior to reproducing or publishing materials, including images and quotations. For inquiries about reproduction requests and permissions, please contact the <a href="http://library.buffalo.edu/archives/">University Archives</a>. If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/9901827814a08d6b46cb940fb23e3dda.pdf 7966f92166c84a9ab122da5c97204ece PDF Text Text Special Issue on Domestic Violence Bringing the Issues to Students Since t949 the THE OPINION Volume 38, No. 3 STATE UNIVERSITY OF NEW YORK AT BUFFALO SCHOOL OF LAW October 6,1997 West Bar Review closes by Sol Sandberg, News Writer Students returning from their summer vacation will have one less choice when it comes to choosing a bar review course. This summer West Publishing Group announced in a letter to its representatives and students that it will no longer offer "live session" courses. So what does this mean exactly? In a second letter to its representatives, dated September 26, the West Group, admitted that it was closing its were automatically signed up for a bar review course for less than- $1,000. If "reps" signed up seven or eight students hey were offered a complete course free of charge. In thepast academic year, a plethora of students took advantage of earning a free course by becomingrepresentatives. Some students who were able to earn a free bar course with West used their savings to pay for a review course spe- cifically tailored to the multistate por- bar review. tion of the Bar. Others merely delighted in the fact that they would not need to According to HarvardLaw Record, "The announcement follows last year's $3,425 billion purchase of West by Thompson Corp, a Canadian publisher of newspapers and legal and professional publications." loans to pay the $1800 it can cost to prepare for the Bar. This summer, West student representatives and enrollees received their first notice that the bar review course West Bar Review began offering bar exam preparation courses in 1995. West's courses gained increased popularity in thelast two years by offering bar review courses of high quality, taught by nationally renowned law professors at substantially discounted prices, amounting to hundreds of dollars less than the course offered by one of its main competitors Barßri. During the past two years, West Bar Review, in the Western New York area under the leadership of Raymond Welch, a UB law alumni, became known for the strong effort it invested in attemptingto effectively compete in the bar review market. Law students were offered, with no obligation or commitment, large numbers ofreview books for subjects commonly on taught in classrooms and the Bar. In addition, law students who became "reps" with West course individual study course would be offered to current West Bar Review enrollees, "and only during a transition ,. period. It would include written materials and audio cassette lectures for the Multistate Bar Exam and local bar exams, WestWare, interactive practice testing software, the program, and access to reference attorneys. West Bar Review representatives were offered the same package free of charge. Because alternative bar review Groups s long term technological or strategic goals." The letter further stated, "Consequently, the decision has been made to discontinue offering classroom-based course for upcoming exams." No other explanation for the abrupt change was made. courses like Barßri offer students cheaper rates ifthey sign up in theirfirst and second years, students who plan to decline West's offer because of concerns about the quality ofthe individual study course face significantly higher prices in paying for their review course than most students who took advantage of the offer in their first or second year. Students who declined to sign up with any bar review course in their first and second years on the assumption that they would take advantage of West's competitive prices in their third year also face this predicament. The letter is unclear as to whether students who did not have a previous association with West Bar Review may enroll in the individual study course. For its part, Barßri has sought to enroll students who signed up or had planned to sign with West. In the past few years, Barßri has stressed theexpe- Students who had signed up and paid a deposit for the West Bar Review course were offered the option ofreceiving a complete refund of their deposit or using their deposit towards an individual study course. According to the letter the rience and higher quality ofits organization, and is currently sharpening its marketing efforts utilizing new techniques. In an e-mail message sent to hundreds of students in the law school, Jeremy Best, the head representative of work longer hours or take out additional they had planned, budgeted, and.worked for would not be available as was originally offered. In the first undated letter, West Bar Review stated, "After careful consideration, it has been determined that the West Bar Review format of "live session" courses does not fit with West , Barßri for the third year class informed both new and returning students of Barßri's table hours on the first floor of O'Brian Hall. He stated, "The West Bar Review is officially defunct The news about West Bar Review is not a joke, call them and ask for your self, if their number is still connected." Patrina Keddell, a 3L, who had signed with West as a representative, complained at being subjected to Barßri new marketing attempts. She explained that Barßri had made a list of all the students in the law school whowere signed up with West and that they were aggressively attempting. Keddell also indicated , that given Barßri s current marketing policy and prices she would not enroll with it. She remained hopeful, however, about the future possibility oftaking a bar review course, saying that she recently received a letter from West stating that it was investigating the possibility of offering a live course for those who signed up with it. Vandalism Prompts Concern; Stricter Speach Code at UB? S.A. Cole, jNews Editor Last week, UB students were dismayed by the appearance, and delayed removal, of grafitti that used harsh language and transmitted a racial slur. The grafitti, which was on the first floor of the Knox building, was room moved four days after a detailed complaint about its content and location had been called in to Public Safety. To explain the deliteriousremoval, bothPublicSafety andthe UB Custodial staff have been queried, and both have offered reasons ranging from inability to locate the grafitti, to the need for special cleaners and paints to obliterate the offending message. Many students, however, do not find this explaination sufficient. Several articles in the UB Spec- trum have expressed ÜB's need to "be more aware" o* racial tension, and "be less tolerant" of threatening messages and mindsets. The Administration has responded by initiating discussions regarding harsher punishments for "hate speech." Others have pointed out that UB could simply tighten up its vandalism policies. Discussions regarding this subject will be taking place this month and beyond. I that subject. The Opinion would like to thank Professor Sue Mangold, Professor \ Sue Tomkins and the \ Domestic Violence \ Task Force for their \ contributions, ideas I \ and support. / / J I Ujfl �EDITORIAL THE OPTNION 2 THE OPINION Volume 38, No. 3 F Unded 1949 ° Rochelle D. Jackson Editor-in-Chief 4October 6, 1997 Cindy Y. Huang Letters to the Editor Moot Court Board invites students to clerk Managing Editor STAFF Business Manager: Joe L. Huang News Editor: S. A. Cole Copy Editors: Enrique Benitez& Stephanie Howe Photography Editor: Richard Ramdin Editorial Editor: Fidel Gomes Senior Editors: Tony Cao, David Hoffman, Kristin Greeley, Sami Manirath, Julie Meyers, The Opinionis a non-profit, independent, studeni-ownedand runpublication fundedby advertising lees. The Opinion, SUNY at Buffalo AmherstCampus, 7 JohnLord O'Brian Hall, Buffalo, New York 14260, (716) 645-2147. The Opinion is published bi-monthly throughout the Fall and Spring semesters. It is the .student newspaperoltheStateUniversityotNewYorkatßut'ialoSchoololLaw. Q>pyright 1997byThcOpinion, SBA. Anyreproduction of materials herein is strictlyprohibited without the express consent of the Editor-in-Chief and piece wnler. Submission deadlines for letters to the editor and Perspectives are 5 p.m. on the Wednesday preceding publication. Advertising deadlines are 6 p.m. on the Thursday preceding publication. Submissioas may either be mailed to The Opinion, or dropped off outside of the Opinion office in thebasement of O'Brian Hall, Room 7. Allcopy must betyped, single-spaced, and submitted onpaper and on acomputer disk(IBM-WordPerfects.l). Letters arebest when written as apart ofa dialogue and must be no more than one page. Perspectives are generally opinion articles concerning topics of interest to the law school community and must be no more than two pages single spaced. We reserve the right to edit any and all submissions as necessary. The Opinion will not publish unsigned submissions. We will return your disks to your campus mailbox or to a private mailbox if a selfaddressed stamped envelope is provided. The Opinion is dedicatedto provide a forum for the free exchange of ideas, therefore not all the views expressed in this newspaper are necessarily those of the Editors or Staff of The Opinion. I knew exactly what I was going to say and how I would write it. You see, I had it all planned out. I knew what this editorial was going to be about. Until a few days ago I'd written it completely out (not exactly on paper, but at least it was swimming around somewhere in my subconscious). And that was the end of it. I would address the perils of domestic violence. And then it happened, by accident actually, as I was leaving my apartment I came to an abrupt stop. The CNN story, about athirteen-year-oldgirl who committed suicide because her classmates harassed her about being overweight, seemed to rupture an artery somewhere. 1 think I actually became enraged, confused and sadden all at once. Apparently the night she committed suicidea group of teenagers from her junior high school threw stones at her home. Of course, a few of the teenagers involved were being held for questions, but no one had been formally charged with any crime. Violence, I thought, just another case of ill-human nature at work. I fwe accept the premise that violence is just human nature then we accept the fact that violence is inevitable. I, for one, can not accept that graciously. I think that humans are predators by nature; there is distinct The Buffalo Moot Court Board invites students to serve as a clerk for this year's Charles S. Desmond Memorial Moot Court Competition to be held later this month here at ÜB. The clerking experience isbotheducational and fun, and clerks are an essential component of the competition. The duties of a clerk include keeping time during the oral argument rounds, tabulating the competitors' score, and assuring that the oral argument rounds are round smoothly. reports of women being beaten, stalked and killed by a significant other seemed ordinary. It appears pretty apparent that perhaps humankind isn't quite as evolved as it would like to believe. Violence, whether it is violence between two people whoknow each other or whether it is between two strangers, is wrong. Yet society seems to have become almost nonchalant about it. We have become experts at categorizing our violence. Perhaps a poignant example is the Jonßenet Ramsey case. For months, the media has fiercely covered this story. Americans have wept at this girl's tragic death. Where is outrage and out pouring of emotions for the Latina, Asian, black or Native American childjust as savagely beaten or killed. Until will oppose violence of every kind on every level it will continue to be apervasive force in American society. Rochelle D. Jackson, internship now being accepted Dear Editor, Applications for lLs and 2Ls are requested for a summer internship in Warsaw, Poland, at the Women's Rights Center. Spend ten or more weeks working with one of the most interesting activist women's rights legal centers in Central Europe. Issues to be worked on include domestic violence, sexual harassment, reproductive freedom and women's employment concerns in the Perks include meeting attorneys and judges from the Buffalo legal community, which is an excellent opportunity for you to network. Moreover, this is the perfect opportunity for those interested in participating in Moot Court in general, and next year's Desmond in particular, to see first hand, how the competition works. You will be invited to the new market. A demonstrated commitment to women's rights is essential for this position. Knowledge of Polish is not required. Partialfunding is available. More funds maybe available depending on the number of Polish Theatre and Ait Posters sold at Talking Leaves Bookstores and matching funds from BPILP. Happy Hour held after the last preliminary round!!! Another opportunity to summer intern in Poland and Erin Barclay Clerks are needed for three nights of competition. Awareness is Key Applications for summer Poland Dear Editor, network!!! EDITORIAL: October 6, 1997 Monday, October 27, 1997 Tuesday, October 28, 1997 Wednesday, October 29, 1997 Rounds are scheduled at 6 p.m. and 8 p.m. on the above dates. If you are interested in being a clerk, please come to the meeting on Tuesday, October 7, 1997in Room 106 at 6 p.m. The meeting will be short. If you are unable to attend the meeting but still want to clerk, please leave a note for Jennifer Noah, mailbox # 472. with your name, box number, telephone number and a date and time of the round for which you wouldlike to clerk. Thanks, and looking forward to seeing you October 7*. Kristin Long (box #441), the 1996 (box#3o4), the 1997 intern, will give two informational presentations on their experiences at Women's Rights Center on October7at 12:00p.m. in room 106,and OctoberBats:oop.m.inroom2lo. Both Kristin and Erin can also be reached through their mail boxes. Please submit a resume and a statement explaining your interests in the position and your qualifications to Pro- fessor Isabel Marcus in 615 O'Brian Hall. Applications must be submitted by November 12. Sincerely, Kristin Long Sincerely, Desmond Moot Court Board Editor-in-Chief The Opinion welcomes your submissions. It matters. The Opinions you want to hear. difference. At least a predatory nature can be tempered. Indulge me for a moment. Domestic Violence Awareness Month. Hramn. Somehow there's something fundamentally wrong with that. Why does society need an awareness month for domestic violence? Until a few years ago (and perhaps even now) domestic violence was almost as common as picking up a newspaper. News If youhave an opinion on anything published in our newspaper or on any current that concerns the law school community, write to The Opinion. Letters to the editor are best when written as a part of a dialogue and must not be longer than two pages double-spaced. Perspectives are generally opinion articles concerning topics of interest to the law school community and must not be longer than four pages double-spaced. All submissions are due the Wednesday before we publish in the hotbox outside ofthe Opinion Office. Your submission must be typed, single-spaced, and submitted on paper and on a computer disk (IBM-WordPerfect 5.1 format). Send your submissions to The Opinion office, in the basement of O'Brian Hall, Room 7. events topic �October 6, 1997 THE OPINION NEWS/FEATURES 3 For the Public Interest BPILP Fellows excel at public interest jobs For the Public Interest is a column and filed for Appeals Council appellate submitted by the Buffalo Public Interest Law Program (BPILP). It is designed to educate the community ofthe many facets of Public Interest Law. reviews, and also filed complaints and motions. Kinda was very excited that her fellowship became so challenging andfulfilling. TheBuffalo Public Interest Law Proam, better known as BPILP, provided i fellowships to UB Law students this ist summer, which resulted in a wide ray ofrewarding public interest experiences at sites within the country and iund the world. This article is the first a two-part series describing the experiences of the Summer 1997 BPILP fellows. Marranca. Mindy is also a director of BPILP for this academic year. She worked for I Kinda Serafi. Kinda currently c of the directors of BPILP. She her spent t summer at Westchester/ PutnamLegal Services in White Plains, NY. Kinda began her fellowship in the Disability Unit, observing, researching, writing on administrative hearings, well as housing law issues. Later, she sumed a vastly greater amount of work her site, taking on all the responsibiliis of an absent supervisor, having constant contact with clients and reorganizthe Unit in preparation for the arrival a new attorney. She did all intake and review work on potential cases, wrote td t; Mindy the Unemploy- Action Center in New York City, a clinic in which 5 law schools participate. UAC represents unemployment insurance claimants at administrative law hearings. Mindy represented almost 40 claimants before various AdministrativeLaw Judges at the Department of Labor, preparing clients, ment conducting direct and cross-examinations, and making closing statements, much like a trial procedure. She also counseled 3(J other claimants by phone when limited staff rendered UAC unable to represent them. Mindy worked on appeals for claimants, as well. She speaks very highly ot her experiences with UAC, extolling the virtues of client contact and trial advo- X Susan Bjornholm. Susan is a raising director for BPILP. Her felhip was in conjunction with Students of Law for Animal Rights (SOLAR), of which she is the director this year. Susan worked withCitizensF.nvirnnmentalCoa- on focused community issues such as toxic waste sites, pollution in Monroe and Erie counties, and other parts ofthe region. CEC works with the EPA and DEC, as well as with area citizens, to influence Congress and other government organizations to clean up hazardous waste sites. Susan found her fellowship very helpful in developing her understanding of environmental law and the dynamics of environmental debate among governmental bodies, organi- zations and the public. Patrick Maher. Patrick worked for Legal Aidßureauof Buffalo, Inc. Through a practice order he obtained from the Appellate Division, he was able to truly represent low-in- come property owners for the Housing Unit of the Bureau. He interviewed clients, negotiated utilities payment plans with the City of Buffalo, researched deeds and mortgages, and counseled clients on many property matters. Patrick prepared for,trials by inves- tigating cases, researching relevant law, serving subpoenas, interviewing witnesses and preparing witness questions. Hefeels the most rewarding experiences of the job were the extensive client contact and the and writing opportunities. Lourdes Ventura. Lourdes travto South Karch Africa this summer to work with the Legal Re- sources Centre in Cape Town. Her activities included a very full schedule of researching and writing, visiting the South African library, attending hearings of Parliament and the Truth and Reconciliation Commission, visiting townships and squatter camps, speaking with Minister Special Advisors, attending lectures at the University of Cape Town and the University of Western Cape, and attending union meetings. Lourdes also absorbed some of the local culture by accompanying South African friends on excursions to see the sites, including a trip to Egypt. Beata Banas. Beata worked with Legal Services for the Elderly, Disabled r>r Disadvantaged of Western New York. This agency covers 4 counties as well as Ihe Seneca Nation. Beatas worked in the agency's Housing Unit, negotiating for See BPILP Fellows page 4 The Early Bird Catches The Worm ... And A $200 Savings! When you register for Pieper Bar Review before November 1,1997, we will automatically give you a $200 Early Bird Discount off our $1795.00 tuition. Remember, the deadline is November 1,1997. Call 1-800-635-6569 or see your Pieper Representative. �THE OPINION 4 NEWS/FEATURES October 6, 1997 The Anarchist by Russ Klein Columnist America rs number one terrorist organization A friend ofmine once told me that we should "fight organized crime abolish the IRS." I always thought that the quote had a nice ring to it -- it said so much in so little space (though I don't know the original source of the quote). The funny thing about my friend, is that he wasn't exactly what one wouldconsider an "anti-government" type of person. He just truly despised the Internal Revenue Service. On the news, Americans are finally getting a wide-scale lesson in justthe sort of tactics that everybody's favorite tax collection agency is up to. Many victims of tax zealously testified about the difficulties that they have had to go through in dealing withthis agency. Threats threats ofhaving their wages attached, theirhomes and property seized (a nice word in this case for stolen), and their lives destroyed. The victims involved ranged from an average business woman to a religious fig- - - ure. On CNN 'sTY show Burden Of Proof, a former IRS Commissioner was a guest, and he was extremely eager to point out that these were obviously isolated cases, and we couldn't make judgements based on them. But is this true? The hearings on Capitol Hill also had a number of the IRS's own agents on. They talked about wide spread corruption and a system that specifically targeted the poor andthelower middle class (that is, the workers!). Why did the IRS do this? Its obvious, they said the poor can't defendthemselvesagainst a limitless bureaucracy when it puts all of — its weight against you. Its an amazing case of abuse to the extreme. The IRS's agents knew that the poor would be filled with fear and panic and be quick to settle and make a deal to avoid audits by the IRS CUSTOMER SERVICE? While watching CNN today, the news was interrupted so that the acting commissioner of the Internal Revenue Service, and the Treasury Secretary Rubin could share with us that they have reformed themselves. In a frightening display, they kept referring to us as customers, as if they were some kindoffast food outlet ("umm, yes -1 would like one 1040, one Schedule A exemptions form, and a small coke. To go...oh...onethirdofmysalary? Ok"). If this really was a service organization, its likely they'd go out of business. Still, they want to win back our trust, and perhaps I should listen to what they are offering to customers like myself. They promise that they will now be more sensitive to our needs. They are going to stop keeping track of statistics by district for comparison purposes, and they said that quotas would be eliminated (haven't they denied the quota system all these years? Not veryhonest...). Thisallsounds good, but the root ofthe system is so much deeper than this, that these reforms (assuming they actually happen) will do noth- WHY REFORM FAILS One of the greatest problems in the IRS is its enforcement abilities. We are talking about an enforcement organization which compares unfavorably with some of the most notorious ones. The IRS has a legion of tens of thousands employees. They have the power to know private stuff about you that you quitepossibly would not have to reveal in a court of law (under fifth amendment protection it is interesting that there is no way around this with the income tax). The worst part of the IRS's legal powers, however, comes from Title 26, Chapter 64, Subchapter D. This is the section of the Internal Revenue Code called "Seizure of Property For Collection ofTaxes." The great sin in this part is that it seems to give the IRS the ability to seize your property and make forcible payments — without having to go to court to prove a thing! "If any person liable to pay any tax neglects or refuses to pay the same within 10 days after notice and demand, it shall be lawful for the Secretary to collect such tax.. .by levy upon all property..." 26 USC §6331. You want to fight the levy of your property? You have to take them to court (could you imagine if you were picked up for murder, and then thrown into prison, and it was up to you to take the police and state to court to prove your lack of guilt or the wrongfulness of the arrest?!). All this,and we haven't even gotten ing. into the problems with the income tax — This is the ultimate incarnation of bu- reaucratic money-terrorists. — -- itself something that could require an Opinion about 50 pages long. CONCLUSION With theIRSreported to have spurred a fair number of suicides (for example, Irwin Schiff, in his book The Federal Mafia documented 3 cases of suicide Jackand Wanda Biggers, who killed themselves after the IRS seized their home, and Everett Lasher who killed himself after being fined $5000 for raising 'frivolous' - arguments before the court), and the wide range of disenchantment with theagency, its time we took a good look at the IRS, and its obsolete status in a peaceful state. No agency should have the power to arbitrarily destroy peoples lives. No agency should be in the position to decide for themselves (in violation of due process) to seize people's livelihoods. And an agency with all this power definitely shouldn't have to wait decades and decades into its existence for a thorough overlook. I think my friend had a strong point when he compared the Internal Revenue Service to the mafia. Its time action be taken against thisrogue agency. I have an idea Since theRacketeer Influenced and Corrupt Organizations (RICO) act covers extortion, robbery, etc., perhaps we can apply this bad law to the IRS, and the IRS can have their property seized, and learn a lesson in what many Americaas have to go through. That would be poetic justice. - BPlLPfellows cont'dfrom page 3 clients, counseling them, and dealing with issues of eviction, rent control, and health code violations. She had close contact with clients and appeared in City Court for cases of City or County code violations. Her experience was so rewarding that she decided to volunteer at Legal Services now that her fellowship is complete. Erin Barclay. Erin used her co-op fellowship, in conjunction with Circles, to work at the Women's Rights Center in Warsaw, Poland in a program developed and arranged by UBLaw Professor Isabel Marcus. abuses. He also had extensive contact and information exchanges with other non-governmental organizations and clinics in order to aid efforts in torture rehabilitation methods and otherlegal issues. Chris also raised $800 worth ofperiodi- that would otherwisebe unavailable J / To I re This service provides legal representation to battered women unable to afford a private attorney. During a time of great change and legal developments in Poland, Erin drafted a domestic violence law, helped translate a report discussing the legal status of women under various Polish codes, updated the organization's libraryby contacting agencies and organizations in the U.S. Erin strongly recommends this experience to Brenda Torres, Kate Verge, Theresa Cusimano, Jay Ovsiovitch, Adam Small, Arthur Wemegah, Mike Newmark, and Radhika Iyer. UiPV or Ttt v«: .-J I 1 nt vx (T i ~^Hr" others. (~* Y\ r* i c W P C l> P I* Chris had a coop fellowship with the Buffalo ' —i i — Human Rights Law Review. He worked in Turkey at the Foundation for Social prudence Research (TOHAV). TOHAV houses a torture rehabilitation center, for whichChris obtained a video camera to better document violent human rights E0 # I m\ �THE OPINION October 6, 1997 My Spleen by Kristin Greeley 5 Columnist The fears of an unabused woman When Rochelle told me that this week's Opinion would be a special issue about domestic violence, I thought, "Good. Something I feel strongly about. That should make a good column." But as I thought more about it, the prospect of writing a column on this subject became more difficult. Everyone knows that domestic violence exists. At least I hope everyone in my audience does. Statistics and stories are for the news department, which I am no longer a part of, to handle. So what does that leave me with? That leaves me with some questions. My main question is "Why does it happen?" I know all about the cycle of violence, and that makes sense to me. But my question goes to the very heart of the matter. Why does the cycle begin in the first place? Why does anyone think that it's acceptable to abuse a partner? Why does anyone resign themselves to being abused? Please do not think I am in any way blaming the victim in that last sentence. Nothing could be farther from the truth. I'm asking that question in more psychological terms Why do people accept that it will happen, not why do they let it happen. What makes an abused person's self-esteem so low that they accept the abuse? A friend of mine was abused by a "boyfriend" (a real boyfriend would never abuse his girlfriend) many years before I met her. It was a long time before §he — ever told me about the abuse. When she finally did, I almost found it hard to believe that this smart, strong woman was once avictim. But then I began to put the pieces together. She hadn't had a really serious boyfriend in a long time. The men she dated were all wrongfor her. It was like she didn't believe that she was good enough to be with someone who really cared about her. Almost ten years later, the abuse was still having a profound effect on her relationships. It took a long time for her to find someone who was caring enough to break through the shell she had created for herself. Now she is happy, and will hopefully be getting engaged soon. I almost wish I had known her before the abuse started. I want to know what she was like before. Was she a wholelot differentthan the person I know now? The logical answer would seem to be yes, since it has been such a long time. I want to know why it happened to her ~ someone who doesn't seem like it would ever happen to her. Why was she a victim? I suppose I don't ask these questions for her sake. They're really for my sake. I think every woman lives with a certain amount of concern that she may one day become involved in an abusiverelationship. We've all heard the stories about how the man never laid a finger on his wife until months after they were married. We wonder if maybe this could be us someday. We try to be careful, but one never knows. What makes this concern more real isthat we allknow someone who has been a victim. And she's just like we are. She could be our friend, our neighbor, the woman who sits next to us in class, our cousin, or our mother. Our sameness makes us wonder if it could be us some- day. We all know women who are the victims of psychological abuse, too. The woman whose husband won' t let her write a check without permission, or the teen- age girl whose boyfriend gets really jealous and angry if she talks to other boys. We know these women, and we wonder if our boyfriend or husband could be like that, too. What's even more scary, we wonder if we would have the strength to get out. We know the statistics: a woman tries to leave the abusive situation something like twelve times before she actually gets out. We saythat we wouldn't take twelvetries to get out. One hit, and I'm gone, we say. But could we really? And of course, we at least know about the woman who didn't get out, if we don't know her personally. And it scares us. A lot. None of this answers my original question. Or maybe it does. There's nothing special about abuse victims. They're ordinary women, like the rest of us. Nothing in their psyches is different from any of therest of us. We know that abuse ruins self-esteem and makes it possible for more abuse to occur. Victims start out like the rest of us, and the abuse changes them. It changes them in ways we cannot even begin to fathom. There's really no "point" or "message" in this column. If you're being abused, please get help. If you know someone who is being abused, please help her. And if you are the abuser, get help. There are plenty of agencies out there specifically created to help people in these situations. Use them, before it's too late. TC's Column by Tony Caito Sothis issue ofthe Opinion is dedicated to domestic violence. What do I know about domestic violence? It's about a bad relationship. Most situations involve physical abuse. Thehusband beats his wife. Black and blue bruises. Nonstop mental and verbal abuse overalong period spanning years even decades. Sometimes the end result is death. Almost all the victims are females. Nicole Simpson was a victim. It's more common than is reported. I know a few things about domestic violence. But the operative word here is knowledge. I have never witnessed domestic violence. Nor do I know someone who has been a victim of domestic violence. It's a bad thing that I would not do to someone I cared about. But what do I really know about domestic violence. How am 1 supposed to write an article on a subject that I only know through a TV news anchor? I think I've seen the Burning Bed with Farrah Fawcett. Onething I should do is stop by the office of the domestic violence task force. There is probably someone there who has a first hand account of domestic violence. At the very least, they could probably point me in theright direction. I have realized that the TV dramas and literature that are put out on this subject no longer convey any sense of realness to me. Right now, what I know about domestic violence is just manipulated words and pictures. The only wayfor me gain any real sense of depth on this subject is to talk to someone who was on Columnist the "front-line." Why should this person even talk tome? I don't know. There's no obligation for that person to do sucha thing. But I guess that's one ofthe purposes behind this month. It's for someone like myself who really doesn't know anything about domestic violence to find out more. In other words, it'smy obligation to find this personandtotalkwiththisperson. Maybe I could writethis person's story manother issue. Or maybe I could just talk withthis person a few times. The truth is, I don't know whatI'lldo after I hear this person's words. But I think for now, hearing those woTds is the least I should do. I'm like mostpeopleout there. I live in a society where electronic stimulation and mental programming replaces real contact and interaction. III talk about things that I really know nothing about, but I think I do because I've read about it in a class Or seen it reported on the ttn o'clock news. Every now and then, I II gainconsciousness and realize that I don' t know shit This is one ofthose situations. I'm not satisfied with what I know about domestic violence. In fact, I know that what I know is just faceless images and empty words regurgitation of what I saw on a pamphlet or onaTV show. Trying to write this piece made that evident to me. So I guess I do have a few things to say about domestic violence. Ask yourself what doyou really know about domestic violence. Are you satisfiedwithwhat you know? Where did you get your information? Can you do more? - You are invited to attend a public presentation in the Baldy Center '97 Visiting Scholar Series entitled CRITICAL RACE FEMINISM with Professor Adrien Wing University of lowa College of Law Professor Wing will discuss global and domestic perspectives ofcritical race feminism from her new book Critical Race Feminism (1996) published by New York University Press. Thursday, October 16,1997 3:00 5:00 p.m. Law Faculty Lounge, 545 O'Brian Hall - The Baldy Center for Law & Social Policy, 511 O'Brian Hall. Telephone: 645-2102 �6 THE OPINTON October 6, 1997 Domestic Violence Special October is National Domestic Violence Awareness Month. This week's Opinion is designed to inform and educate our readers. Below are various articles and facts covering domestic violence issues. The Cycle ofAbuse Violence in relationships follows a fairly predictable pattern known as the Cycle of Abuse. This consists of three phases. PHASE ONE: Tension Building During this phase, batterers become frustrated and irritable due to mounting stress. In early stages of abuse, this may last over an extended period of time. As the abuse escalates, this period may become shorter before triggering an abusive act. Tension is never an excuse for battering and it must be pointed out that there are healthy outlets for tension. The abusive person, however, chooses violence as a means ofrelieving stress. During this phase, the victim may anticipate the impending abuse. If this has happened before, they may try to avoid the abuse by appearing compliant. The victim may also attempt to provoke the violence as a means of gaining some fragment of control over an "out of control" situation. PHASE TWO: Abusive Incident In this phase ofthe cycle, the batterer expresses rage and loses control. This can manifest in any of three forms of abuse: physical, emotional, or sexual. The abuse can remain in any of these categories or begin on an emotional level and escalate into either remaining category. The victim is usually helpless in this phase and the abuse can only be stopped by the batterer. Both victim and abuser usually minimize the severity of the mci Domestic Violence in the United States dent or engage in denial. PHASE THREE: Calmness and Contrite Behavior (Honeymoon) This phase is characterized by the spirit of forgiveness and both partners' belief that they can move on together. The abuser apologizes profusely for abusive behavior and often sincerely believes that abuse will not occur again. The victim wantsto believe this is true and is inclined to focus on the "good times", not realizing that this phase is part of the abuse. Because the victimcraves this loving behavior, this is a particularly dangerous part of the cycle. Victim A often cites this phase of the cycle as a contributing factor in their reluctance to leave the relationship. Eventually the good times start to diminish as the tensions of daily life begin and the cycle perpetuates. This cycle continues and escalates until something changes tobreak the cycle. The only real solution is to end the relationship before somethingtragic happens. Even when both parties separate, it is important for both to seek counseling. Counseling will help them handle the issues that helped perpetuate abuse in the relationship. There are often issues oflow self-esteem, past violence, sexual abuse, or drug or alcohol dependency that need to be addressed. If victims and batterers leave the relationship and neglect to receive counseling, there is a strong chance that they may repeat the cycle ofviolence Almost four million American women were physically abused by their husbands or boyfriends in the last year alone. A woman is physically abused every nine seconds in this country. Two-thirds of attacks on women are committed by someone the victim knows often a husband or boyfriend. Women are more often victims of domestic violence than victims of burglary, muggings, or other physical crimes combined. • More than one in three Americans have witnessed an incident of domestic violence, according to a nationwide survey released by the Family Violence Prevention Fund (FUND) last year. Nearly nine out of ten Americans say that women being beaten is a serious problem facing many families and concern cuts across race, gender and age lines. According to the same survey, 81 % ofAmericans believe somethingcan be done to reduce domestic violence in this country. • A recent poll of 500 American women conducted for the FUND found that an overwhelming majority of women (88 %) believe that policymakers should develop initiatives addressing domestic violence in order to reduce the overall level of violence in America. Ninety-two percent of women also say cops walking a neighborhood beat would help, and 89 percent support creating jobs in urban communities — but only 50 % support building more jails. 42% of murdered women are killed by their intimate male partners. ■A Philadelphia study found that 20% of women presenting with injuries at emergency rooms were victims of domestic violence. In 1992, the Senate Judiciary Committee reported that 1 in 5 of all aggravated assaults reported to the police were aggravatedassaults in the home. •There exist three times more animal shelters than battered women's shelters in the United States. ■ - ■ - — — - ■ in subsequent relationships. Some interesting statistics on teens These statistics were drawn from a survey done in the Sacramento California School District in 1982-83. 256 students participated in the study, 135 girls and 121 boys. 90% were High School Juniors and Seniors. Sociological Breakdown Whites comprised of 65% ofthose whotookthe survey whileblacks, Asians and other were 35%. Of those answering the survey 44.5% were from middle class families with incomes of $20,000 to $35,000. Ninety-four percent were average or better than average students and 64% came from two-parent homes. Experience with violence Eleven point one percent of teenaged girls surveyed admitted that they had been thevictimsofabuseand 10.7% of teenaged boys admitted to being the victims of of abuse. The survey found that 11.9% of teenaged females were perpetrators of abuse while 7.4% to 35.5% teenaged males were perpetrators of abuse at the time. The survey also found that 17.8% of teenaged females who responded that they had been both the victim and perpetrator girls compared to 11.6% for teenaged males. Sixty-four point five percent (with no gender breakdown) answered that they had no experience with abuse. lence had no effect on the relationship. 2. 33% of the victims and 26% of the perpetrators stated that violence hurt their relationships. 3. 21% ofthe victims and 17% of the perpetrators stated that violence had improved their relationships. 4. 12% of the victims and 14% of the perpetrators stated that violence ended their relationships. Effects of family violence on relationships Fifty-one percent of students who witnessed spousal violence had been involved in abusive relationships. Fortyseven percent of students who were abused as children had been in a dating relationship where violence occurred. Fifty percent of the students who had never experienced violence had known of another student who had experienced it. Use ofalcohol was associated withviolence approximately forty percent of the time. The following statistics were drawn from a survey in a midwestern senior high school in the fall of 1983. The instrument used was the Conflict Tactics Scale (Strauss 1979). Participants ranged in age from 15-20 years with the majority (84%) aged 16-19. The sample consisted of 53% female and 44% male respondents, 3% did not indicate sex. The study yielded the following Effects of violence on Relationships 1. 30% of the victims and 37% of the perpetrators responded that vio- points: 1. Females were more likely to experience violence (65%) than males (35%). 2. 71% experienced violence in only one relationship. 3. Violence was more likely to occur in relationships which were shortlived (i.e.; less than six months in duration) (35%) than those lasting over two years (6%). 4. Adolescents attributed the initiation ofthe violent incident to the dating partner (47%) than to themselves (18%). 5. The most common causes of violence were a) jealousy (47%), b) alcohol (35%), c) friends (35%), d) sexual denial (23%). c) drugs (23%). 6. Violence was interpreted as a) acts of anger(47%), b) confusion (47%), c) love (35%), d) sadness (12%), c) hate (6%). 7. Places where violence occurred were homes (71%), vehicles (59%) and school (35%). 8. Adolescents found it easy to end a violent relationship (58%) and find new dating partners (70%). / / Ifyou or someone you / know is being abused, \. \ \ seek help. Contact the New York State Domestic Violence Hotline. To speak with an operator in English, dial 1-800-942\ 6906 or to speak with an I \operator in Spanish, dial / / -800-942-6908. \ J \v / Domestic Violence Task Force welcomes new members TheDomestic Violence Task Force is a student-run organization that operates not only to assist victims of domestic violence, but to further awareness of the prevalence of domestic violence as a whole. Through the organization's Niagara County Family Court Resource Project, students have the opportunity to assist victims of domestic violence in obtaining temporary and permanent orders of protection. Members in conjunction with the Lockport YWCA, speak out against family violence in area schools. New members are encouraged to assist in the clothesline project, the needs drive, the purple-ribbon campaign, information distribution, brown bag lunch series, etc. Students interested in the organization should stop by 604O'Brian Hall and speak with a member of the Task Force. �THE OPINION October 6, 1997 Violence as learned behavior: Defining roles in relationships There is a difference between what society expects of women and what society expects of men. These differences make it more likely for men to be the ones whovictimize others. The characteristics and behaviors that society expect of women make it more likely for women to be the victims. There is a great deal of pressure on young men and women to behave in these ways. However, when people play masculine and feminineroles, they are not communicating directly as two people. They are, in fact, playing roles or parts and possibly not even acting at all like themselves. Children'sfirst experiences with sex role identities come from their own families. Some family roles may be categorized in this way: Mother: cooks, cleans, shops, takes care of children, comforts family mem- bers, works; Father: works to support family, disciplines children, makes decisions, does repair work on auto and home; Child: attends school, does household chores, obeys elders. If children grow up with these role expectations they may learn them through adulthood not realizing the unequal distribution of power inherent in these relationships. Obviously, not all families are structured in this way, but children often will identify with the roles presented to them. In western society, many children's sex role expectations are based on fairy tales told to them. If we examine the messages communicated to children through these fairy tales, we might have a greater understanding ofwhy domination and victimization seem to be acceptable traits for men and women. In most eases, good women in fairy tales are portrayed as passive victims who are rescued or saved by princes who spirit them away to live happily ever after. Men on the other hand, are active, brave warriors who own the women and become responsible for them. In other stories, men are kind and just widowers and women are stepmothers who are evil and jealous vixens who plot the abuse and deaths of their stepchildren. These role expectations support the notion that women are expected to be passive and accept abusivebehavior from men in exchange for having their basic needs (food, clothing, shelter) met. Why do women stay? Some of the reasons why a woman might stay include: FEAR.A woman attempting to leave an abusive partner is at a much greater risk for a severe beating, since this is what the abusive man most dreads. He often threatens her by telling her that if she leaves he will find her and kill or hurt her; or hurt, kill or kidnap the children. Also at risk are her other family members and friends. In the words of a victim, The only reason I stayed was fear. Even if you move into-an apartment, a man can knock a door down in two minutes. I have seen it done. Before the police arrive, a woman can be dead. That's the fear of leaving somebody." " ISOLATION. Another typical theme is isolation. It may begin as a simple criticism of a victim's friends/ relatives and escalate to the point where the assailant forbids any contact with this support network. The victim may not know where to turn for emotional, financial or legal support. In addition the system that offers these resources often re-victimizes the woman by blaming her or demonstrating insensitivity to her plight. SOCIAL SUPPORT. Social pressures to be married and rely on your mate for social support often help women to overlook the abusive nature of their partner. Still women are held responsible for holding the relationship together. For religious women there is the added burden of religious abuse. Religious beliefs and statements are sometimes misused and can force a battered woman to choose her safety or her salva- tion. ECONOMICS. Many battered women are economically dependent on their spouses. Many women face considerable economic hardship in being the sole support for their families. They may have few or outdated job skills and little relevant experience. Working career women often depend on joint family resources to maintain a decent living condition. There is still a considerable wage gap between the money earned by men and women for the same work, making supporting a family very difficult for women. A battered woman interviewed at a New York shelter summed it up well: "We stay because the only housing available to me and my kids is not a ranch in the suburbs, but a rat and roach infested ghetto apartment for $20 less than my DSS check." The real question in dealing with domestic violence should be "Why does he beat her?" and not "Why does she stay? It is important for us to try and empathize with women understanding that there are some very compelling reasons that make it difficult for women with abusive partners to leave. Never forget that domestic violence is a crime and that all women are vulnerable to batters. It does not matter whether they have low or high self-esteem. Are there any signs of an abusive man? Men who batter come from all socioeconomic backgrounds, races, religions and walks oflife. Batterers represent all different personalities, family backgrounds and professions. In sum, there is no "typical batterer." The majority of batterers are only violent with their wives or partners. Although there is no personality profile of the abuser, there are some behaviors that are common among men who batter. These include: Denying the existence or minimizing the seriousness of violence and its effects on the victim and the family. * Showing extreme jealously and 7 How to identify someone who is being abused At intake interviews mental health pracitioners routinely ask questions about domestic violence, but any of the following might indicate battering: • Repeated injuries ot injuries that are difficult to account for as accidental. Many women are beaten while they are pregnant. • Visits to health care facilities for vague complai nts or acute anxiety with no reported injuries. Instances when the victim recieves psychiatric hospitalizations for anxiety or depression. Strokes in young women, often caused by blows to the head or damage to the neck arteries due to strangulation. • Isolation of the woman no access to money, to the car or other forms of transportation to family or friends, to jobs or school. • Woman's referring frequently to her partner's "anger" or "temper." Fears of being harmed or harming partner. • Terror or reluctance on the part of the woman to speak to those in authority because of reprisals from the abuser. • Protecting the assailant from those in authority. ■ Reluctance to speak or to disagree in the presence of the abuser because of fear. Frequent fleeing from her possessiveness whichleads to isolation of the victim from other family members and friends. * Refusing to take responsibility for the abuse by blaming it on loss of control due to the effects of alcohol or drugs, frustration, stress or the victims behavior. * Holding rigid, traditional views sex of roles and parenting or negative attitudes towards women in general. Why do men batter? The most important thing to remember about battering is that it is a learned behavior. Men chose to batter their partners because the choice is there to make and because oftenthere are no consequences for that choice. Men who batter are not mentally ill. They are, in the words of a survivor, "expressing their masculinity in a way that is acceptable to many people." Battering is an expression of the belief in male dominance over women. Men use physical, sexual and emotional abuse to maintain power and control over their partners, (see attached power and control wheel) Many men learn to batter from growing up in an abusive home. Councils on family violence estimate that ■ — 60% of men who batter grew up in homes where violence was the norm, or where they witnessed their mothers being abused. Some were abused themselves as children. In this way homegrown violence passes from generation to generation in a downward cycle. Because battering is a learned behavior, it can be unlearned. Programs designed specifically for batterers and not traditional marital or couples therapy, is the preferred counseling method. These programs are of limited success however. Thebatterer must truly want to change and must learn to live with and control his violent tendencies. ■ Society as a whole must examine how the messages we feed our children about masculinity and femininity along with the glorification of violence as a means to solve problems perpetuates this abuse. As the author of the Battered Women's ■ home, Suicide attempts or homicidal assaults. • The abuser's bullying or verbally abusive public behavior. • The abuser's snatching of the children. The abuser's jealousaccusations of sexual infidelity against the woman. • The assailant's sexual or physical abuse of the children. • The abuser's attempts or threats to psychiatrically hospitalize the woman and convince you of her insanity. • Public docility and respectability and private aggression by the batterer. • Survival Guide states. MillionsofAmerican women and men are living in a war zone. We can all do better. ■ Need legal W advice regarding domestic W violence issues ■ contact Erie County District I A k Attorney's Domestic Violence Assault Bureau at (716) 849-7464. V ■ 1 I 1 M J �THE OPINION 8 October 6, 1997 Woman-to-Man and queer domestic violence; assumptions and awareness with a single swipe of his hand. I remember his rejection of my explanation, saying thathe was "strong enough" to take it. This went on for a few months; eventually, he cuffed her up the side of the head, and they both ended up before authorities, where he was the one who took the heat. I remember hearing how a female acquaintance of mine would cry when her girlfriend would hit her, curse her, and degrade her. Their fights were over intimate matter, fraught with societal taboos. In one of the fights, the aggressor forced her girlfriend to get her clitoris pierced. No one wanted to take this matter seriously, or admit what was going on. First, because they were "embarrassed" by the nature and content of the altercations. A lot of jokes about "cats fights" and such were made. But fundamentally, I think heads turned the other way because acknowledging the problem would mean that domestic abuse was far more widespread than anyone wanted to admit—not just a phe- bySA.Cole, News Editor Ask the newly-enlightened averAmerican about domestic violence, age and you will usually get an amalgam of TV-spawned propaganda that runs sorta like this: "Uh. Well, that's wrong. You shouldn't beat up on girls. It's, uh, the menstrual cycle ofviolence, right? Bad scene. Uh. Violence: don't play that game. Go Bills." Well, at least their hearts and beer cans are in the right place. We're getting somewhere. But not everywhere. Because that person will rarely swig their brew, and remark, "You know, there is no "average" victim of domestic violence. It can happen to anyone. The largest man can be a victim, while the smallest woman can be the perpetrator. We have to work carefully so that outreach efforts and intervention groups are prepared to aid and advocate for any victim-survivor, not just the stereotypical battered wife." Since leaving the nest seven years ago and starting out on my own, I have nomenon that took place within the heterosexual marriage, but a potential problem for any intimate relationship. Of course, for some people, this meant admitting there were homosexuals running around the earth, which was seen too much domestic abuse. Of course, seeing even one instance of domestic abuse would be too much, but the course of my exposure didnot stop with one; I have seen men beat on women, women beat on men, women beat on women, and men beat on men...you do struggle enough. Andfor homosexuals not completely reconciled to their sexuality, uncomfortable in a censorious world, it made goingfor help, usually to a stranger, doubly hard. Life on the receiving endof an abusive relationship the permutations if I've left anyone out. I remember explaining to a 250 lb. man that no, it was not acceptable for his 130 lb girlfriend to slash at his chest with a broken bottle, even if hecouWstop her is lonely and humiliating enough; lifeon the receiving end ofan abusive relationship that many find unnatural and amoral is all the more alienating. But this violence exists, and it ex- ists in every possible domestic environment. To stop it, our efforts much reach those environments. This calls for tolerance, thoughtfulness, and, above all, neutrality. Assumptions alienate, and alienation feeds domestic abuse. Societal issues beyond the histori- cal subjugation of women become more salient as our perspective on domestic violence widens. Issues of masculinity are challenged as men who countenance abuse in the name of machismo become caught in the cycle. The preconception ofwomen as supportive, loving partners is blasted away when their partner begins "walking into doors" and "falling down stairs." The paternalistic notion that we must "save women" from "the violence of men" disappears, making us realize that it is not women who need to be saved, but rather the building blocks of our humanity. The first man I knew to admit to having been beaten by his boyfriend summed it up for me. I was talking to him one day, a month after he had extracted himself from the relationship, and many months after he had gotten his first blowfrom his partner. "Yeah, I got rid of him," he saidruefully, rubbing his cheek. "Nobody has to take that." Nobody. YWCA Week without Violence Join the YWCA of the Tonawandas and Niagara Frontier to fight against all forms of Violence! - Sunday, October 19 Candlelight Vigil. A Day of remembrance for loved ones lost to violence. 7:00 p.m. YWCA of the Tonawandas. Tuesday, October 21- High School Essay Contest on solutions to violence in our community. - Thursday, October 23 Family Violence Forum. A free panel discussion where legal and service representatives from Erie and Niagara Counties will answer questions and provide information on the issues surrounding family violence. 7-9:00 p.m at the YWCA of the Tonawandas Sunday, October 26-An adult aerobathon will be held at BALLY Total Fitness, Amherstfrom 9-11:30 a.m. Registration begins at 9 am where pledges will be collected. Suggested registration fee is $10.00 Morning line up features Robbie Raw, RN, President ofRaw Energy Fitness. All Proceeds benefit the YWCA Domestic Violence I SONFRONT IP WinnHpSES HIS WIFE. FRIEND BUT NOT NEARLY AS HARD AS BEING HIS WIFE. IT'S So you know your friend is an abuser. Do you ignore it or bring v up? Ignoring it is easy. Bringing it up is awkward. You could lose a friend. But maybe bringing it up is the only way to really be a friend. Telling him you know, telling him it's wrong, telling him Maybe he needs someone very life _ Bit! may be in your it's a punishable cnme, couldbe doing him a big favor. Maybe he needs someone to talk to. wife's well-being, her to say, "No, it's not OK." But more important thanhis feelings, his hands. We can give you some information that may help. Call us at 1-800-ENDABUSE. Family Violence forDomeslicViolen.ee. Prevention Fund Program Any questions?Contact Tina Pilkey, Director of Family and Human Services of YWCA of the Tonawandas and Niagara Frontier 692-5580 � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Opinion, 1997-10-06 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. The Opinion no. 3 06.10.1997 Date Issued Date of formal issuance (e.g., publication) of the resource. 10/6/1997 Bibliographic Citation A bibliographic reference for the resource. Recommended practice is to include sufficient bibliographic detail to identify the resource as unambiguously as possible. 38 3 Publisher An entity responsible for making the resource available University of Buffalo State University of New York at Buffalo Law School Language A language of the resource eng Type The nature or genre of the resource Newspapers Text Is Part Of A related resource in which the described resource is physically or logically included. LIB-LAW003 Rights Information about rights held in and over the resource <a href="https://rightsstatements.org/page/CNE/1.0/">COPYRIGHT NOT EVALUATED</a>. The copyright and related rights status of this Item has not been evaluated. Please refer to the organization that has made the Item available for more information. You are free to use this Item in any way that is permitted by the copyright and related rights legislation that applies to your use. This digital collection is made available for research and educational purposes. Researchers are responsible for determining copyright status, and securing permissions for use and publication of any material. Copyright for items in this collection may be held by the creators, their heirs, or assigns. Researchers are required to obtain written permission from copyright holders and the University Archives prior to reproducing or publishing materials, including images and quotations. For inquiries about reproduction requests and permissions, please contact the <a href="http://library.buffalo.edu/archives/">University Archives</a>. If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/47e41a1eef1b1a4bb027fd258d65ef00.pdf 226a8abed28ee2ad170ba59ebdbd6429 PDF Text Text Bringing the Issues to the Students Since 1949 THE OPINION Volume 38, No. 3 STATE UNIVERSITY OF NEW YORK AT BUFFALO SCHOOL OF LAW September 23,1997 Law School to offer international law concentration by Rochelle D. Jackson, Editor-in-Chief Students interested in practicing international law, or learning extensively about the international legal system, will be given an opportunity to do just that. This academic year, ÜB's School ofLaw will add to its potpourri oflaw concentrations, a concentration in international law. Currently theLaw School offers several different concentrations some of which includes, family law, financial transactions and poverty law. According to Professor Makua Mutua virtually every law school in the United States and around the world offers a course in orrelated to international law. "Like other major law schools in the United States, UB believesthat legal education would be incomplete without an opportunity for students to be exposed to international law," Mutua stated. It is hoped that the concentration will provide students with an opportunity to further explore and understand the complexities ofinternational law. Armed conflicts between states, the international movement of persons, human rights and group rights, the environment, contractual and involuntary relationships among states, are just some of the areas the concentration is designed to cover. According to Mutua, the norms governing these relationships, often expressed in the language of the law, deeply influence both the domestic and foreign policies of states, and affects the behavior of individual and institutional actors around the globe. The totality of these norms, processes, and institutions has been reduced into one broad academic discipline: international law. "The Law School is confident that these opportunities will make UB a destination for people interested in international law and prepare students for careers iathis vital field," stated Mutua. "The practice of law nowrarely stops at the borders of one state; many legal transactions are affected by events in other states. Quite often, lawyers are required to understand and interpret events in other countries, including the different legal systems in those countries," Mutua For the Public Interest NAPIL to hold Career Fair For the Public Interest is a column submitted hy the Buffalo Public Interest Law Program (BPILP). It is designed to educate the community of the many facets of Public Interest Law. The NAPIL (National Association for Public Interest Law) Career Fair will be held Friday, October 17th, at American University s Bender Arena. The Fair will include both individual pre-scheduled interviews from 8 am.- 12 pm. and a "Table Talk" session from 130p.m. - 5 p.m. The purpose of Table Talk is to provide an opportunity for students and graduates to exchange information with employers in an informal setting. Students are encouraged to bring an ample amount of resumes. This is a great opportunity for students to find summer and career employment in the public interest fields. While first year students are not allowed to interview, all students are en- couraged to participate in the Table Talk. Organisations from a wide array of fields will be present, so all law students should examinetheNAPlLeniployer listingavailable in CDO. These groups include: The NationalLawyers Guild, Alliance for Justice,The EEOC, The AmericanTrial Lawyers of America, the ACLU, Commodity Futures Trading Commission, the Comptroller ofthe Currency, Farmworker Justice Fund, Georgetown University Law Center Clinical Education Fellowship, New York County DA, DC Corporate Counsel, U S. Dept. of State, and many others, including someSnftsttat <te?l withpuhi UB Law school is registered for the Fair, so students can forward their resumes directly to the employers by September 26,1997. Students interested in attending the NAPIL Conference on October IWh and 19tb, however, must register. Theere is a payment required. CDO will be sponsoring a van with seats available ona first come, first served basis. The van holds 15 and is filling up fast. We will also be organizing a carpool so that we can match driversand riders. Finally, there will be a party Friday night following stated. Student response to the concentration was positive. "I think it's exciting. I'm taking a class with Mutua now and international law iswhat I hope to do. So it's great that the school is providing this," said Robert Gutowski, 2L. "I think the concentration is necessary for students to get a legal view beyond the American system," said Janette Cortes, 2L, upon hearing of the international law concentration. Additionally, the Human Rights Center, which is located at theLawSchool now offers students opportunities for externships with international organizations. These externshiprange from placement in human rights law to international business law. Four classes, that examine fundamental questions in the area of international law, are required for the international law concentration. A total of 15 credits are required for the concentration. Below is a listing of the required courses for the concentration as well as listing of other acceptable courses. nar Women in Prison Comparative Racism: South Africa and United States Baldy Human Rights Short Courses International Labor Law For more information onthe international law concentation students can contact Dean Olsen's office at 645-2052. Insight into a few UB Law Organizations Law School organizations are an excellent opportunity for students to explore other areas oflaw outside the classroom. They can often provide a source of support andfriendship for students. Below a few clubs provide information about their organizations. Today and Wednesday, September 24th is Organizational Fair Day at the Law School. Stop by and explore your BUFFALO ENTERTAINMENT and SPORTS LAW SOCIETY community please contact Mindy at 886-2140/Box 111 or Kinda 886-4860/ The Buffalo Entertainment and Sports Law Society is an organization focused on complementing education for law students beyond the classroom. For the past few years our organization has provided speakers for practical advice on possible careers after law school. In 1998, theBuffalo Entertainmentand SportsLaw Society will continue to provide career education to any students seeking to learn more about the representation and advocacy of sports and media talent. Any individual seeking to participate with our constantly growing organization should attend our meetings. These meetings will be more frequent this year and supplemented with office hours and greater access to materials concerning sports and entertainment. The Executive Box 173. Board of the Buffalo Entertainment and the Fair in D.C. withalumni ofall fields attending. Students may want to have business cards printed out, in case they make a good contact and new friend. There are sign up sheets for the van and party, midthe list of employers i.savailable as well. If you have any questions, stop by CDO and speak to Shawn O'Buckley in room 612, or call 645-6261. For more information on how you can get involved with the public interest law Required Courses/Seminars International Law/International Jurisprudence Seminar International Law andHuman Rights International Business Transaction International Trade Other Courses Gender, Culture and Human Rights Human Rights Summer Externships Problems of International Human Rights Practice Immigration Law Immigration and Community Semi- Sports Law Society would like interested individual to feel free to speak with us about your ideas and answer any questions. We look forward to your participation and aiding you in your goals. The "Office" is 703O'Brian. OUTLAW Outlaw is a group for gay men, lesbians, bisexuals, law studentsandourfriends and supporters. Outlaw's purpose isthreefold: to offer a supportive haven for g/l/b/ q students, to provide information to the law school regarding issues affecting our community, and to challenge discriminaSee Law Organizations page 4 HIGHLIGHTS Advice to 1Ls pg. 3 Notable News pg. 3 Student ponders legalizing prostitution pg. 4 �- - - 4- EDITORIAL THE OPINION 2 THE ... Volume 38, No. ->3 oo XT Founded 1949 Rochelle D. Jackson Editor-in-Chief Letters to the Editor ««i*»i»*w« jfi OPINION * Life Workshops offered , September 23, 1997 o _- I(W7 Dear Editor, Cindy Y. Huang The Office of Student Life at the State University of New York at Buffalo is offering 15 different Life Workshops for the month of September. A few of the workshops being offered are Tai Chifor Beginners, Exercising with a Bad Back, Car Care 101,andBuying a Home. Most workshops are free and all are open to the public. To get a complete list ofthe workshops, or to sign up, you may contact the Office of Strudent Life at 645-6125, or stop into 150 Student Union. Managing Editor STAFF Business Manager: News Editor: Features Editor: Photography Editor: Art Director: September 23, 1997 Joe L. Huang S. A. Cole Mike Santa-Maria Richard Ramdin Sincerely Office of Student Life Senior Editors: Tony Cao, David Hoffman, Kristin Greeley,Sami Manirath, Julie Meyers, The Opinionis a non-profit, independent, student-owned and runpublication funded by advertising fees. The Opinion, SUNY at Buffalo Amherst Campus, 7 JohnLord O'Brian Hall, Buffalo, New York 14260, (716) 645-2147. The Opinion is published bi-monthly throughout the Fall and Spring semesters. It is the student newspaperoltheStateUniversityofNew YorkatßuffaloSchoolofLaw. Copyright 1997 by TheOpinion, SBA. Any reproductionofmaterials herein isstrictlyprohibited without theexpress consent of theEditor-in-Chief and piece writer. Submission deadlines for letters to the editor and Perspectives are 5 p.m. on the Wednesday preceding publication. Advertising deadlines are 6 p.m. on the Thursday preceding publication. Submissions may either be mailed lo The Opinion, or dropped off outside olthe Opinion office in thebasement ofO'Brian Hall, Room 7. All copy must be typed, single-spaced, and submitted on paper and on acomputer disk (IBM-WordPerfect 5.1). Letters are bestwhen written as apart ofa dialogue and must be nomore than onepage. Perspectives are generally opinion articles concerning topics ofinterest to the law school community and must be no more than two pages single spaced. We reserve the right to edit any and all submissions as necessary. The Opinionwill not publish unsigned submissions. We will return your disks lo your campus mailbox or to a private mailbox if a selfaddressed stamped envelope is provided. The Opinion is dedicated to provide a forum for the free exchange of ideas, therefore not all the views expressed in this newspaper are necessarily those of the Editors or Staff of / / / / The Opinion. EDITORIAL: New York State implements mandatory education for attorneys We all know that there are too many lawyers out there, and it's no secret that many oftoday's lawyers are ill-equipped and poorly trained for the rigors of real world lawyering. Well it would appear that the New York State Bar Association (N YSBA) echoes these same sentiments. In fact, it is perhaps this issue and many others (including the inability of many lawyers to effectively deal with clients) which may have led N YSBA to its decision to implement the Mandatory Continuing Legal Education Program (MCLE) for attorneys who want to practice in New York State. This mandate will affect those admitted to the New York State Bar after October Ist of this year. Some may be familiar with the old Continuing Legal Education Program (CLE) which provided attorneys with additional legal education after law school. What distinguishes MCLE from CLE, is that unlike CLE, MCLE is mandatory. With the new program attorney's have no choice, ifthey wantto practice in New York State they are required to continue their legal education after law school. The administration of the MCLE program will be funded by a Biennial fee which will not exceed $25 per attorney. The goal of the program is to promote greater cooperation between law schools and bar associations and more importantly to provide the public with better trained lawyers. Some of the MCLE pro- gram requirements include Client-relation skillstraining, and a mandatory practical skills training program for recently admitted lawyers. Many have embraced the MCLE \ \ \ program and believe that this program will help produce highly qualified and competent lawyers. These are the people who know and understand that most of what we learn in law school has little application in the real world. They point to the fact that many of today's law school graduates know very little about what attorneys do and have even less knowledge of the practical skills (i.c trial preparation, filing motions etc.) that it takes to be a successful attorney. For these people the MCLE program is a divine intervention. Others subscribe to the notion that practical real world lawyering skills aren't learned inside a class room. They feel that thereal learning takes place on the job and in the court room. These individuals feel that itis illogical to think that MCLE program will teach future attorneys what they have already failed to learn in law school. Well like it or not the MCLE program is here, and anyone interested practicing in New York State will be subjected to it. Perhaps, the MCLEprogram should accomodate both of these views by pro- The Opinion is in the process of selecting writers and support editors. If interested, leave a message in mailbox #86, or contact The Opinion office at 645-2147 or e-mail Rochelle Jackson at rdj3@acsu.buffalo.edu \ \ \ \ I I The Opinion welcomes your submissions. It matters. The opinions you want to hear. viding attorneys and law students with both practical lawyering skills that will operate in everyone's best interest. If youhave an opinion on anything punlished in our newspaper or on any current topic that concerns the law school community, write to The Opinion. Letters to the editor are best when written as a part of a dialogue and must not be longer than two pages double-spaced. Perspectives are generally opinion articles concerning topics ofinterest to the law school community and must not belonger than four pages double-spaced. All submissions are due the Wednesday before we publish in the hotbox outside of the Opinion Office. Your submission must be typed, single-spaced, and submitted on paper and on a computer disk (IBM-WordPerfect 5.1 format). Send your submissions to The Opinion office, in the basement of O'Brian Hall, Room 7. events �THE OPINION NEWS/FEATURES September 23, 1997 3 BRIEFS ...In and Out of UB Across the Nation Fourth Amendment caretaking doctrine upheld In Virginia, police entering a house to investigate a missing persons report, only to find illegal narcotics in the home, were justified under the Fourth Amendment's community caretaking doctrine, even though the search was conducted without a warrant. Entering the house to apprehend a man who was beating his wife, the police at the same time sought evidence regarding a missing teenage stepchild, the police had a reasonable basis to conduct the search, even though they found contraband they were not searching for. Upholding the trial court's admission of evidence, the court observed that the deputies search was motivated by a desire to find the stepchild, not to conduct a criminal invesitigation. Wood v. West Virginia, Va Ct.App., No. 0605-96-2. Fourth Amendment applied narrowly in Wisconsin In Wisconsin, police delivering an underage drinker home to hi s older brother had no cause to enter the house, whereupon they found the older brother engaged in sexual conduct with a minor. The court suppressed evidence obtained by way of the entry and ruled that the police only had cause to bring the underage drinker to the door of his house, and that entering the home was a violation of the Fourth Amendment. Wisconsin v. Dull, Wis.Ct.App, No. 96-1744-CR. llth Circuit holds roving drug searches okay The llth Circuit has decided that roving drug searches, where drivers are stoppedfor a motor vehicle violation,and then requested for permission to search the car for illegal narcotics, are constitutionally permissible searches. Even though thereason for the stopis pretextual, the stop is licitand the request to search is protected. U.S. v. Holloman, CAII, No. 96-2714. Connecticut finds polygraph evidence impermissible Connecticut has decided that polygraph evidence, or "lie detector" results, are impermissible, due to their potential for creating unfair prejudice. It is the jury's function to consider the veracity of evidence, not machines, and the Connecticut Supreme Court has decided that any value the polygraph might have is overwhelmed by its implications for a fair trial. Connecticut v. Porter, Conn.Sup.Ct., No. 15363. At Home UB Professor appointed to National Abortion Federation UB Law Professor Lucinda Finley has been elected to a three-year term on the board of directors of the National Abortion Federation. Finley, who specializes inreproductive-health law, product liability reform, and exposure to toxic products, presented oral arguments before the U.S. Supreme Court last year in the case Schenck v. Pro Choice Network of Western New York. Erie County Bar Association choses new president-elect Bernard B. Freedman of Amherst, senior attorney at Norton, Radin, Hoover & Freedman, was elected as vice president/president-elect of the 3,500-member Bar Association of Erie County. Freedman defeatedJames A.W. McLeod, second assistant Erie County attorney, for the toppost in the 110-year-old organization following a day ofvoting by 996 attorneys in Erie County Hall. Freedman will assume presidency in June 1998. He was chiefofthe Civil Division of the Legal Aid Society of Buffalo, a judicial hearing officer for Erie County Family Court and an instructor at Medaille College, prior to joining Norton, Radin, Hoover & Freedman. Freedman was admitted to the New York bar in 1964 and is a graduate of ÜB's School of Law where he was on the Board of Editors of theLaw Review and member ofthe Lincoln Law Club. Bar Association members also elected the following officers and directors: Michael P. Daumen, deputy treasurer;Ann B. Bermingham, David G. Jay,Linda J. Marshand Gregory P. Miller as directors for three-year terms; and Nominating Committee members Michael A. Battle, Peter J. Brevorka and Marianne E. Hanley. Interested in what UB fs Law School organizations have to offer? Then attend the Second Annual Law Student Organization Fair on Tuesday, September 23rd & Wednesday, September 24th from 11:30 a.m. to 2:30 p.m. on the firstfloor of O 'Brian Hall. My Spleen: "Lasciate ogni speranza, voi ch'entrate" by Kristin Beth Greeley, Columnist Note to Readers: This column is not about any of my internal organs. The definition ofthe word "spleen," in pertinent part, is as follows: spleen: 1. a large, vascular, lymphatic, organ in the upper left part of the abdominal cavity of vertebrates near the stomach: it has various functions in modifying the structure of the blood, and was formerly regarded as the seat of many emotions. 2. a) malice; spite; bad temper Source.Webster's New World Dictionary First, I'd like to personally welcome all of my esteemed colleagues back for another exciting year of law school. I hope your summer vacations were vacations, at least to some extent. And to the lLs, I would like to welcome you to the beginning ofthe wondrous journeythat is law school. Actually, this column is directed at you. (You probably knew that if you could translatethe title.) I didn't want to miss my chance to impart some pearls of wisdom about your first harrowing year in law school, as some others have taken the liberty of doing in the first issue of the Opinion. Oh, where to begin...Well, let's beginat the beginning - the beginning ofmy law school career. I was fresh out of college, and a year younger than everyone else in my class who was fresh out of college. I missed my friends, my family, people I hated, and the careless abandon with which I had conducted my former life as an English major at a SUNV school south ofRochester thatshallremain name- I didn't think the classwork was terribly difficult, although I did think it was boring. It was, however, very stressful, since I had nothing by which to measure my progress, and no idea what I was doing. By listening to my classmates talk about how much workthey did, I gatheredthat I wasn't doing enough. And my social life went down the toilet. There was a whole new crop of people, many ofthem quite a bit olderthan me, and too much work for fun. Allin all, I had a horriblefirst semester. Those ofyou who know meremember it, I'm sure. It was so bad that my father offered to pay off my loans for me if I really didn't wantto goback in the Spring. Yet I returned, and am still here at the beginning of my final year. By now you're saying "So what? You're a third yearlaw student. Big deal." Well, my point is that first year is really rough on everyone, and almost everyone makes it through. As a then second year friend told me when I was a first year, "They wouldn't have let you in if they thought you were going to fail." And "they" wouldn't have. They need your tuition dollars too much. The work is difficult, but once you get the hang of it, it's not so bad. You'll never really get used to the idea that in most classes, you only have one chance to prove that you learned something and to get a decent grade, but you will learn to deal with it. It's just a matter of getting used to an entirely different system of learning than most of you are familiar less. with. And yes, they are trying to brainwash you they're trying to get you to think like a lawyer. Don't worry, though. -- You will return to your normal thinking patterns around Christmas. After that, you can switch your mode of thinking as necessary. Don't lose sight of who you were before you started law school. Find time to do some ofthe things you enjoy. You probably won't have as much time for your social activities, but do fit them in somehow. (Especially if you're used to exercising on a regular basis.) Also, try to make sure you socialize with people who are not law students once in a while, too. Once you've gone through therigors of an entire semester of law school, next semester won't be half as bad. I promise. You'll notice a change in your classmates. They will be a lotless uptight. At least most ofthem will some will be as uptight on graduation day as they were on orientation day. For your sanity's sake, you should probably keep your contact with these types of people to a minimum. You'll have the confidence of knowing that you've been through itall before, and done it, hopefully successfully. Success. What a stupid word. Actually, it's not a stupid word. The definitions that some people (your classmates included) give it are often stupid. Don't worry about other people's goals and achievements. If you do, then you'll make yourself either nuts or arrogant. Do whateverinterests you and try not to spread yourself too thin. Whatever your transcript and resume end up saying after tnis year, be proud of yourself. You've made it through something that most people wouldn't even consider doing. But don't get too proud of yourself. This isn't brain surgery or cancer research, or working with the poor in. Calcutta for, the rest of. -- your life. I almost forgot a piece ofadvice for the older students who maybe haven't been students for a long time: Don't worry about how long it's been since you've been a formal student. Everyone starts at the bottom in law school. None of you have ever been law students before, so you are all at square one. Older students also have the advantage of experience going for them. Because you have been in the "real world," you are often able to put this whole experience in better perspective than some of the younger students. Many older students also have families to take care of at home. I think this helps sometimes too — they have something more important on which they need to focus their energies than law school. Well, this column turned out to be more upbeat than the title suggests. I must be content with my lot in life as a law student today. This is not always the case. Law school does get better after the first year, but it's never a walk in the park. I personally can't waituntil I graduate, bar exam aside. Like anything else, law school will have its ups and downs. It's how you deal with these changes that will determine your level of happiness. At any rate, good luck. By the way, it means: "Abandon all hope, ye who enter." It's from - Dante's Inferno. �THE OPINION 4 NEWS/FEATURES September 23, 1997 Prostitution: Not Just For Breakfast Anymore by SA. Cole, jNews Editor Back in thesalad days of my undergraduate years, I had a legal philosophy professor who liked to challenge the beliefs of his more libertarian students. A scholar and a gentleman, Hadley Arkes was one of thefew Republicans I've ever known to not only espouse a conservative ideology, but possess a thoroughly cogent, rationally-based belief system to underscore it. Besides that, he had a wry sense ofhumor and was not loathe to use it. Most conservative Republicans will "rimming" in the classroom, but in the interest ofscholarship, Professor Arkes pulled it off with aplomb. Hereis a non-verbatim(heaven help me if he ever reads this) reconstruction ofhis dismissal of legalized prostitution: 'There are several reasons why legalized prostitution is not consistent with our system of law. We must remember thefirst principles ofthe law: that human beings are rational, family-based individuals, responsible not only to themselves, but to thefellow members oftheir polis. The central building-block ofthis system is the sanctity of the family. Marriage, and thesexual relations therein, are the tangible means by which this central unit is achieved. Prostitution, and it's temporary imitation of the marriage contract, jeopardizes this bastion of the system." In tandem withthis high-seated dismissal of prostitution as a legitimate part of the working world, however, was a more pragmatic critique: "So, we legalize prostitution. The not discuss Law Organizations Tory conduct and policies both withinthe school and in the larger society. Outlaw is committed to social justice and seeks to continue building alliances with the numerous other groups on campus who are striving toward that end. Last year Outlaw hosted the first annual Outlaw Dinner and Celebration which was a celebration for all of us who work inside and outside of the justice system to make a place for us in this sometimes hostile world. The event was a susccess and this year's dinner will be held in the Spring. Among other activities, Outlaw takes part in Coming Out Day on October 11th, holds mothly potlucks and sponsors various speakers. All are welcome! For more information, call. 645-2161, or stop by Room 118. or leave a note in box 441. LABOR AND EMPLOYMENT LAW ASSOCIATION Are you interested in meeting and networking withlocal attorneys and union and government practitioners in the field of labor and employment law? Do you want to support labor and improve the conditions of workers in Western New York? The Labor and Employment Law Association (LELA) welcomes to our group all law students, faculty, administration, and others at the University with an interest in the field of labor and employment law. Since its founding in 1992LELA has provided students with contacts in the labor community for purposes of job recruitment and development. The group centralizes information about alternative careers in labor and employment—information often not readily available to stu- selling of one's sexual favors becomes a legitimate trade, the kind of future occupation you can tell your guidance counsellor when she asks what your plans for the future are. Of course, she can then recommend the appropriate undergraduate facility for you to obtain a degree for your career. You can take classes, training you to be the best prostitute you can be. Graduateand doctoral degrees will be available for those who excel in the field." I should have known there was an ideological clash in thewind when everyone else in the class laughed, while I shrugged my shoulders, saying, "Why not?" The only thing I found remotely funny about such a postulate was it's irony-in my opinion, most undergrads spend a great deal of time researching that which could prepare them for a career in prostitution. Professor Arkes' philosophy encapsulated a worldthat was filled withhappy families, working and striving for the collective good ofthe polis. In his view, the law existed not only as a barrier to what was illicit, but as a nudge toward that which was good. Therewasroom for various spiritual beliefs (although God was always around), but people were ultimately accountable for their behavior in regard to the principles involving the collective good of mankind. Like communism, this kind of system only works if everybody is willing to play by the rules. Now. Walk down Bailey Avenue in Buffalo some night, and observe just how many people aren't playing with the rest of the team. And why should they? Yes, the transformation of sex from thefulcrum of the marriage to a commodity in the capitalist system is fraught with implications for the principles our society is based on. But if those principles are so fragile, so easily jeopardized by commercial copulation, then perhaps they should not be the building blocks of our society. But that is not my argument. I believe that the basis of our society is the family—by which I mean any stable group of people who provide a caring environment wherein children are raised. This group can consist of a man and a woman, five women, or six hermaphrodites and a dog. Do the people who provide a loving environment for the care and instruction ofimpressionable youth have to bescrewing in order to provide that environment? No. In fact, a lot oftime it's the screwing that gets in the way. Families should not be predicated on sex—especially in this day and age where children can be produced in a multitude of synthetic ways. And sosex and family are two very separate entities. One is not intrinsic to the other. Which, philosophically, brings us back to the question of what goes on down on Bailey Avenue. A walk down Bailey will reveal that the current life of a prostitute is hard; walking the streets, standing out in the cold, theyare vulnerable to muggers, rapists, and killers. Being on the outside of the law, it's hard for a prostitute to enforce his/her rights-when someone rips you off, how do you explain to the police that you turned a trick and the customer skipped out on the pay? Examine the statistics and it will be revealed that thelife of a prostitute is also unhealthy. This sort of occupation is right up there withlogging, construction, and asbestos removal. With some fairly easy precautions, however, the danger is virtuallyremoved. As for the danger that is left—well, they get killed occasionally, but we still have loggers, construction crews, and guys who take out asbestos. Life is risky. At best all we can ever do is minimize the risk. In a world with legal prostitution, the law could require regular check-ups and license renewal for the workers. Prostitutes could work from a safe, established environment with regular security. They would not be threatened With imprisonment forrevealing the nature of their work. Legal izingsomething isnever countenancing it. And legalized commercial sex is always what you make of it. For instance, I write this article, I endorse this position—but if I ever caught a significant other of mine with a prostitute, they'd be out on theirbackside. I'm sure the same goes for almost everyone. That isn't the issue. I wouldn't live with a drug addict, either. But my personal morals do not set the standard for us all. Besides, nothing adds character to a neighborhood like a nice, old-fashioned brothel. We could put it on Hertel, just next to the topless bar. cont'dfrom page 1 dents-and faciliates the securing of internships and permanent positions in the field. Students with an interest in alternative dispute resolution, union organizing and investigative positions in the government, for example, benefit from LELA's resources. This semester LELA will host meetings with labor practitioners from local law firms, government agencies and union organizing departments. LELA's other primary activities include: Co-sponsorship of an annual internship scholarshipwiththe UnitedFarm Workers. Students receiving this scholarship have furthered the goals ofCalifornia agricultural workers in the context of California's ground-breaking labor law. Participation and attendance at local labor-related events. This year LELA will provide active support ofthe Graduate Student Employees Union (GSEU), the Coalition for Economic Justice as well as other labor groups in Western New York. Hosting of lectures and debates concerning current and proposed legislation dealing with labor and employment law (such as the NationalLabor Relations. Act and the New York State labor law). Topics of importance to organized and unorganized workers are discussed, such as contingent and low-wage work issues. ■ Lobbying to ensure a broad spectrum of course offerings in the field of labor and employment law at the Law - School. Screenings of documentaries and movies devoted to labor themes. For more information about membership and activities, please contact Theresa Merrill or Joane Wong. h% M ■ I DRUNK DRIVING DOESN'T JUSTKILL DRUNK DRIVERS. Brendan Moniz, killed December 9,1988 at B:lspm on Airport Rd., Warwick, RI. Next time your friend insists on driving drunk, do whatever it takes to stop him. Because if he kills innocent people, how will you live with yourself? � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Opinion, 1997-09-23 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. The Opinion no. 3 23.09.1997 Date Issued Date of formal issuance (e.g., publication) of the resource. 9/23/1997 Bibliographic Citation A bibliographic reference for the resource. Recommended practice is to include sufficient bibliographic detail to identify the resource as unambiguously as possible. 38 3 Publisher An entity responsible for making the resource available University of Buffalo State University of New York at Buffalo Law School Language A language of the resource eng Type The nature or genre of the resource Newspapers Text Is Part Of A related resource in which the described resource is physically or logically included. LIB-LAW003 Rights Information about rights held in and over the resource <a href="https://rightsstatements.org/page/CNE/1.0/">COPYRIGHT NOT EVALUATED</a>. The copyright and related rights status of this Item has not been evaluated. Please refer to the organization that has made the Item available for more information. You are free to use this Item in any way that is permitted by the copyright and related rights legislation that applies to your use. This digital collection is made available for research and educational purposes. Researchers are responsible for determining copyright status, and securing permissions for use and publication of any material. Copyright for items in this collection may be held by the creators, their heirs, or assigns. Researchers are required to obtain written permission from copyright holders and the University Archives prior to reproducing or publishing materials, including images and quotations. For inquiries about reproduction requests and permissions, please contact the <a href="http://library.buffalo.edu/archives/">University Archives</a>. If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/c3e8bfa94af08b53cab723a8935dd0b8.pdf 83e40b0d790d8952dbf9ecf84b7e5815 PDF Text Text Bringing the Issues to the Students Since 1949 THE OPINION Volume 38, No. 2 STATE UNIVERSITY OF NEW YORK AT BUFFALO SCHOOL OF LAW September 15,1997 Sister Helen Prejean assails capital punishment Author ofDead Man Walking speaks to audience by Rochelle D. Jackson, Editor-In-Chief "You know what capital punishmeans? Those without the capital get punished," said Sister Helen Prej can, an advocate for abolishing the death penalty. On September 11,1997 at 7:30 p.m., Sister Helen Prej can spoke to over 1,700 people at ÜB's Center for the ment Arts. Born in Baton Rogue, Louisiana, she has taught in catholic schools for over two decades. Her work with the poor led her to counseling inmates in Louisiana State Penitentiary and eventually to her novel Dead Man Walking. She has received an honorary law degree from St. John's University in Queens, New York as well as an honorary doctoral degree from Set on University. She was the chairperson of the National Coalition to Abolish theDeath Penalty from 1993 to 1995 and has also , helped organize Survive, a victims ad- vocacy group in New Orleans. Her book Dead Man Walking was published by Random House and nominated for a Pulitzer Prize in 1996. It spent 31 weeks on the Best Seller's list. "After I wrote the book I wasn't looking for Hollywood to do a movie especially if you know what Hollywood has done to ing, 'Helen let don't them do it.'" home to discuss making her novel into a "So I rent Thelma and Louise so I could see what she looks like," she said. I of over 1,700 Informing the Public that race plays a pivotal role in who gets For Sister Helen, education plays an itialrole in bringing the issue to the public's attention. "Every year another country abolishes the death penalty Pretoria, South Africa, Poland they knew howraceplayed arole in the deathpenalty. The U.S. is the only western industrialized country that executes its citizens. The death penalty is a very small percentage of the criminal justice system. What will it take? It takes the American public waking up." this punishment. "Eighty-five percent are there because they killed someone white. In our society we don't have a good track record for caring about the black kid who was killed as we do about ... The death penalty is about politics, Sister Helen asserted. It is one way politicians tel! constituents, that they are tough on crime. Because politicians do not have the moral courage to do whatisright, it is up to the votersto tell them, she stressed. There are approximately 3200 ins on death row. She is convinced » the suburban white housewife who is killed. Where is the outrage for the Hispanics, for the blacks, for the Native Americans or the homeless. Race plays a role in everything in this country... [It] is part of who we punish and who gets the death penalty. We will always be selective." Making the Novel a Movie "Every major Hollywood studio turned down Dead Man Walking but hey look at what we were up against. I mean there was Babe, a movie about a talking pig." Eventually, Polly Rand Films International, the same company which pro- See Sister Helen page 6. Dean Boyer welcomes students to Law School By Professor ofLaw and Dean B. Boyer, Special to the Opinion By the time you read this, you will have been welcomed and oriented beyond the limits of human endurance. Dozens of friendly "talking heads" will have givenyou moreImportant Information than you could possibly absorb. You will have been urged to participate in more worthy and interesting activities than any human could possibly carry out. You are, I hope, deeply engaged through your courses in the process of trying to figure out what being a lawyer - or, more urgently, being a law student is all about. And, at the same time, many of you will have recently found new housing, started to make new friends, and begun to get familiar with a new city and region. What could a Dean say that would even be heard, much less be useful to you, when you are goingthrough such an intense experience? Two things. First, relax and enjoythe ride. Most students who come to law school and I'd include myself a few years back — really ought to feel more secure thanthey do. You've survived a tough competition to get here, and several experienced, thoughtful people have made the judgment that you have what it takes to become a good lawyer. But unfortunately the dominant culture creates images and myths that seem designed to make us all feel insecure: The Paper Chase, Professor Kingsfield, all of those sharp-and-incontrol lawyers on TV, and ofcourse the endless lawyer jokes. Is that what we have to become in order to be good lawyers? Can I measure up among people like that? Forget it. You're going to make it, I can say with considerable statistical confidence, because the vast majority of students we enroll at UB Law make a relatively painless transition into the profession. Yes, you have to workhard your years at UB Law. We have a di- verse, nationally prominent faculty, and a large corps of experienced adjunct instructors. They teach in a curriculum that is designed to showcase different kinds of lawyers' practices. After your first year, when there are few required courses, you'll have freedom to use these resources in trying out different professional identities and career paths, perhaps finding a concentrationofcourses in our curriculum where you can develop in-depth knowledge and fun and satisfaction in the work. Lawyers, like other professionals, spend a large proportion of their lives at work. The ones who do best and get the most satisfaction from their jobs are those who have found a professional role that they really enjoy, that makes the legal profession a calling rather than just a business for them. That's what a goodlegal education is all about, and all of us on the faculty and staff of UB Law hope and expect that it will work that way for you. Good luck! skills. Don'tfallinto — the trap of taking coursesjust because "everybody takes this" or "it's on the bar." Instead, have the confidence to experiment a bit, be unconventional, and find the courses that make sense for your emerging career. - My second bit Law School Dean, Professor B. Boyer and study, but then nothing worth doing is totally easy or simple. If you hold up your end, you'll pass your courses and the bar exam. The real question is how you'll use thethree years youhave here. Law school can be a great opportunity for personal growth and development, if you use it well. You'll encounter a lot of interesting people during of free advice is: havesome fun while you're here. One part of that is regularly making time for things other than law school sports, entertainment, building relationships, or anything else that breaks the work rou- — tine. In the long term, that's the only way to keep some balance in your life: all work and no play makes Jack (or Jill) an unproductive neurotic. But equally important is finding HIGHLIGHTS Advice tolls pg. 3 Notable News pg. 4 Student remembers Justice Brennan pg. 5 For the Public Interest.... pg. 6 Student Orientation pg. 7 �EDITORIAL THE OPINION 2 1 THE Founded 1949 Rochelle D. Jackson Editor-in-Chief Letters to the Editor X 4- OPINION Volume 38, No. 2 J September 15, 1997 Coalition to rally against federal needle exchange ban September 15, 1997 Cindy Y. Huang Managing Editor STAFF Business Manager: Joe L. Huang News Editor: S. A. Cole Features Editor: Photography Editor: Richard Ramdin Art Director: Layout Editor Senior Editors: Kristin Greeley, Sami Manirath The Opinionis a non-profit, independent, student-owned and republication fundedby advertising fees. The Opinion, SUNY at Buffalo Amherst Campus, 7 John Lord O'Brian Hall, Buffalo, New York 14260, (716) 645-2147. The Opinion is published bi-monthly throughout the Fall and Spring semesters. It is the student newspaper oftheState University ofNew York at Buffalo School ofLaw. Copyright 1997by TheOpinion, SBA. Any reproductionofmaterials herein is strictly prohibited withoutthe express coasent of the Editor-in-Chief and piece writer. Submission deadlines for letters to the editor and Perspectives are 5 p.m. on the Wednesday preceding publication. Advertising deadlines are 6 p.m. on the Thursday precedingpublication. Submissions may either be mailed to The Opinion, or dropped off outside of the Opinion office in thebasement of O'Brian Hall, Room 7. All copy must belyped, single-spaced, and submitted on paperand onacomputerdisk (IBM-WordPerfect 5.1). Letters arebest when writtenas apart ofa dialogue and must be nomore than onepage. Perspectives are generally opinion articles concerning topics of interest to the law school community and must be no more than two pages single spaced. We reserve the right to edit any and all submissions as necessary. The Opinionwill not publish unsigned submissions. We will return your disks to your campus mailbox or to a private mailbox if a selfaddressed stamped envelope is provided. The Opinion is dedicated to provide a forum for the free exchangeof ideas, therefore not all the views expressed in this newspaper are necessarily those of the Editors or Staff of The Opinion. EDITORIAL: Welcome to the World of Law The sine qua non of any first newspaper of the semester is the good old "welcome back editorial," complete with solicitations for contributions, jokesabout what the staff did over the summer, and sage old advice to the lLs, saying something like, "don't worry, we all had nervous breakdowns, too." Being law students, vestedwith a sense oftradition, and banking on the notion that a stable legal system is our key to success, we at The Opinion are not about to fly in the face of tradition. Accordingly: Welcome back, folks. Contributeto the paper. We worked over the summer, a few of us got killer tans, and gosh darn it, wasn't it hot? And to the lLs...don't worry, we all had nervous breakdowns, too. Take some aspirin and watch re-runs of "L.A. Law" to remind yourself that after you get through all this, you will have the sultry good looks of Harry Hamlin, the cool legal acumen of Blair Underwood, and will live in sun-drenched sive mumbo-jumbo designed to alienate the poor, while the rich get tax deductions on liposuction they wouldn't need, ifthey weren't so rich in the first place. Some, however, perceive the opposite - that our legal system was designed to aid "those poor people" in the quest to alienate the well-to-do from their hard earned cash. On the opposite end of the spectrum, a few people will see the law as an ephemeral web humans have woven, the mere smoke and mirrors of animals de- termined to exercise theirreason, simply because some Greek guy claimed that reason was what brought us out of the trees. soul-search oneself regarding the reason you have decidedto become a lawyer. For Whether you spend your time espousing Thomas Jefferson, or deploring Aristotle, law school is the time for exploring your beliefs, testing the limits of your faith in the rule of law, and engaging your fellow students in endless Socratic debates regarding all aspects of the law. The years spent in law school afford opportunity for exploration little seen outside academia—the lawyers you will eventually work for will not have time for debates about the laws ofagrarian societies versus hunter-gatherer systems. They want to know how to win a case, not promote epistemological debates. some, it's money. For some, it's genuine love of the law. For others, it's what you do after you graduate from college with a Whatever timeyou have left at ÜB, approach it with an open mind. This may be the only time you have to challenge, degree in history and discover that being able to tell witty anecdotes about Henry VIII won't get you a raise at the local Wegman's. Regardless of one's motivations, however, the study of law creates an entirely new way of looking at society, politics, and bar room brawls. Some see the law as a slowly-evolving mass of oppres- change, or strengthen your beliefs in a safe, stable environment, with the benefit of colleagues who are equally safe. Don't beafraid to take intellectual risks, for argument and constant challenge are two mainstays of the law. There's always time to buy that California. Okay. With all the amenities over, it's time to editorialize. As our hot-n-lusty-for-law crop of first-years has no doubt had pounded into them by thatclass among classes, Introduction to Law, the beginning of the year is a good time to Porsche and look like Harry Hamlin, after you graduate. Dear Editor, Hundreds of people in Western New York will become infected with a deadly virus this coming year despite the fact that doctors, health care workers and public health administrators know how to prevent this. The virus is HIV, and the people are among Western New York's over 7,000 injection drug users. Public opposition to needle exchange is dwindling in the face of persistent studies that show (1) over 1/2 of all new HIV infections are directly linked to the sharing of contaminated needles, and that (2) needle exchange works: it has reduced the spread of HIV/AIDS by up to 50% in the cities that provide for it, and it does not increase drug use in communities. For those who argue that the answer is for people to stop using drugs: dead addicts don't recover. Andfor those who express disdain for drug users in their communities, 59% of pediatric AIDS cases are related to injection drug use. Similarly, AIDSkills moreblacks between the ages of 25 and 44 than any other cause of death, and halfof those deaths are the result of transmission via injection drug use. This due to the links of transmission associated with HIV: someone who injects drugs with a contaminated syringe can pass the virus to a sex partner, who passes the virus to her sex partner, whopasses the virus, etc. In light of these statistics, and mounting evidence from needle exchange programs across the world, resolutions in support of needle exchange havebeen passed by the American Medical Association, the American Bar Association, The American PublicHealth Association, andtheU.S. Conference of Mayors. centage of active drug users. Buffalo's program serves less than 21% of the region's injection drug users. Federal support for needle ex- change can not only provide desperately needed funding for needle exchange programs throughout the country, it can also provided the necessary sanction for this public health measure, and may decrease the incidence of police interference with needle exchange: drug users are routinely harassed and their clean syringes confiscated and destroyed by police officers in Buffalo and in other cities with locally- and state-supported needle exchange programs. In 1990, we called it a lack of courage when government refused to acknowledge and act on the studies which showed the efficacy of needle exchange. In 1997, Clinton's refusal to lift the ban is a clear expression of prejudice and deliberateindifferenceto those at the highest risk of contracting HIV. On September 17, doctors, public , health workers, needle exchange activists and people living with HIV and AIDS will gather in Washington D.C. to demand that Clinton and Health Secretary Donna Shalala lift the federal needle exchange funding ban. You can help by writing/calling/faxing/ your legislators on that day or by joining us. For more information about the ban, you can call the National Coalition to Save Lives Now! at 212-213-6582 or visit the organization's web site at http:// www.safeworks.org/savelivesnow/. Sincerely, Corinne Carey, 3L And yet Bill Clinton and the fed- eral government persist in their opposition to this crucial public health measure by maintaining a federal funding ban on the operation of syringe exchange programs. Because the federal government refuses to allow federal public health money to be used for needle exchange, programs like Buffalo's can only serve a small per- Carey is a former syringe exchange worker with Prevention Point Philadelphia, and a member of the North American Syringe Exchange Network. She can be reached via email at cacarey@acsu.buffalo.edu. Letters continued on page 3 If you have an opinion on anything published in our newspaper or on any current topic that concerns the law school community, write to The Opinion. Letters to the editor are best when written as a part of a dialogue and must not be longer than two pages double-spaced. Perspectives are generally opinion articles concerning topics ofinterest to the law school community and must not belonger than four pages double-spaced. All submissions are due the Wednesday before we publish in thehotbox outside of the Opinion Office. Your submission must be typed, single-spaced, and submitted on paper and on a computer disk (IBM-WordPerfect 5.1 format). Send your submissions to The Opinion office, in the basement of O'Brian Hall, Room 7. events �THE OPINION NEWS/FEATURES September 15, 1997 3 Top Ten Survival Tips for ILs 2L gives advice to incoming students by Tony Cao, Columnist school. It takes no superhuman effort or intelligence to succeed in law school. by David Hoffman, Colomnist The head of the new 1L is swimming withtales of outlines, study groups and reading assignments. Upper classmen pass along horror storiesabout voluminous reading andtyrannical professors with the solemnity ofa sentencing judge. Administrators warn of the psychological stress of law school and inform the incoming students of the vast array of professional services that are available if they become overwhelmed. Guest speakers alert the incoming students to the risk of falling into drug and alcohol abuse. The lLcouldbeforgivenforthinking that she/he has embarked on the most treacherous journey of her/his entire life and the prospects for survival are slim. The 22 year-old political science major from Geneseo who always knew that he wanted to be a lawyer, the 45 year oldmother ofthree who is finally able to pursue her long held ambition of going to law school and the bartender who knocked around for a few years after college are all susceptible to these early season butterflies. 10. Take a nap during the day ifyou were out drinking the night before. The students who have preceded this incoming class put their pants on one leg time, just like this year's lLs. The new lLs will pass; they will get their Qs. In fact for many in the incoming class, law school will be less challenging than their undergraduate curriculum. This year's 1L will observe a variety of approaches to law school among their classmates. There will be those who study religiously, who participate in study groups that meet every day and who brief their cases before each class, at 9. Don't believe any rumors. 8. Use the library for more than just a study place: surf the net, read the papers, socialize. 7. Attend all receptions that offer free beer. 6. Use your locker as an overnight book storage. students will surface who miss class, who go out every night and never do their readings. There will be those in 5. If you findyou're having trouble making your 9:45 a.m. class becuase you can't find parking, then come at 10:00 a.m. when the undergraduate classes are let out and parking slots become available. between. All of them will pass. The first year of law school can be interesting, fun and a heck of a good time. There will be some characters well worth meeting among thefirst year class. Perhaps most importantly, there will be opportunities for free beer. lLs 4. Sleep in ifyou've hit the snooze button on your should sit back, relax and enjoy themselves. alarm at least twice. 3. Take a few days off every now andthen. 2. Go to happy hour. The 1L should relax; Law School is no big deal And the most important survival Up for 1L5.... Students successfully negotiate the hazards of the first year of law school, year in and year out. Indeed, there are a very few academic casualties in law 1. Don t change your lifestyle justbecause you 're in } law school. Letters to the Editor page 2. The Interview Dear Editor, Since so many of usare going on interviews lately, I wanted to share my thoughts and feelings about the experience. I wrote the poem below while on my train ride home from New York City, after meeting with corporate law firms. The New York City experience has been replayed many times during the last two weeks, though less intensely, as I look for work at Buffalo and Rochester firms. The Interview Upperclassmen invited to compete in *Desmond Moot Court Competition The Desmond Moot Court Board invites all 2nd and 3rd law students to compete in the 11th Annual Desmond Moot Court Competition. The informational meeting for this year's competition is Monday, September 15,1997 at sp.m. in 109 O'Brien Hall. Due to the short semester the competition is being held earlier in the semester to give students enough time to study for finals. This meeting, which will provide interested students with the necessary information to compete and also answer and questions, is mandatory for competitors. Like race horses we paraded in front of inquisitive gazes. Not for speed of limb you searched, but for the quickness of our phrases. And a certain something else, What could it be I reflected restlessly. I was fed a fine confection, as I awaited the next inspection. What is it you search for on the wall and on the floor? It is I sitting here next to you, but you avoid me all the more. Would I be malleable, palatable, practical, and precise? Could I work from dawn to dusk, yet still look really nice. No, no, I thought proudly, I am a different animal than that. shun these questions that you ask, I but answer for a price. Sincerely, Theresa Merrill, 2L The competition will be held in October and the problem and research materials will be available in the Law School Bookstore a few days after the September 15th meeting. Each team will consist of two members; students may want to decide who they will work with before the meeting. However, special sign up sheets for "singles" willbe availabe at the meeting and students without partners will be paired with a partner. There will be national competitions throughout the year at UB and other schools across the country. Often these opportunities are limited to Moot Court Board Members. Other than the Jessup International Moot Court Board competition that is held at approximately the same time as this competition, students may not have other opportunities to participate in a Moot Court competition. For those second year students who are thinking of waiting until next year to compete, a word of advice: there is a possibility that in the future 3rd year students will not be allowed to participate. Third year competition is a relatively new development. We are not able to say if it will continue, but please be advised that the possibility exists that it will not. The competition is judged by area attorneys which facilitates great networking! ! Furthermore, participation is always looked on favorably by prospective employers. This year's competition should be exciting as the subject matter is relevant to Western New York and is current. Although participation is time consuming, it is a great experience and is definitely "doable". For additional information attend the Desmond Moot Court Competition Informational Meeting on Monday September 15, 1997 at 5:00 p.m. State University ofNew York **atThe Buffalo, School Law's Moot of Court Board is a longstanding member of the Order of the Barristers National Society. The Board wasfoundedfor the purpose of helping students develop and refine oral advocacy skills. It is a student organization which aims to recognize high levels of achievement in both breif-writing and oral argument. �THE OPINION 4 BRIEFS Around the World Foreign lobbying efforts ranked Using for the first time, congressional and Justice Department lobbying records, U.S.News&Worldßeport calculated which nations spent the most money to influence Congress and executive branch agencies in 1996. Canada placed first with $5,130,000 spent lobbying through its embassy staff. It paid$808,000 to hire a former top U.S. Commerce Department lawyer to represent it before the department. Spending $5,078,000 Mexico came in second. Its lobbying efforts were dominated by government agencies concerned withresolving NAFTAtrade disputes with the United States and maintaining U.S. support for the 1995 peso bailout. Japan, Britain, Taiwan, Israel, Haiti, Indonesia, Angola and Hong Kong ranked three to ten respectively. These rankings understate what is spent to sway policy, because they do not include lobbying by embassy staffs or general PR efforts. De Clerk resigns party post While the rest of Africa struggles to break the reigns of the one-party rule, South Africa appears to be headed in the other direction. That was the specter raised last week when former President F. W. de Klerk quit as head of the leading opposition party. The only other opposition party of consequence, the Inkatha Freedom Party, is allegedly in disarray. This clears the way for Mandela's African National Congress to control more than two thirds of Parliament after the 1999 elections. Still, with a free press, an independent judiciary, and apolitical culture of compromise, South Africa is far from becoming a dictatorship. Mother Teresa dies at 87 On Friday, September sth, Mother Teresa diedof cardiac arrest at 1:30 p.m. Thousands of mourners gathered outside her home when learning of her death. Hundreds ofpolice were called to hold back crowds that continued to grow despite the lateness of the hour. Known to many as a Goodwill Ambassador, Mother Teresa was a Nobel laureate who followed a call to serve the dying of Calcutta, India, almost 50 years ago. Her work reflected a desire to help those in need. Her work included a church-sponsored hospice for AIDS patients in New York City and the establishing of a leper colony in West Benegal, to name a few. Pope John Paul 11,who was "deeply moved and pained" by her death, planned to offer a Mass for her soul on Saturday at his private residence near Rome said a Vatican spokesperson. According to Indian authorities, Mother Teresa will be buried Wednesday in her religious order's headquarters in Calcutta. Princess Diana, 1961-1997 On August 31, 1997, Princess of Wales, Lady Diana died. This marked the death ofreputedly the world's most photographed person. The Princess had been out dining with longtime NEWS/FEATURES ... In and Out of UB companion Dodi Al Fayed when paparazzi chased her Mercedes down a tunnel in metropolitan Paris. The car, driven by Henri Paul, then crashed into a road divider. Police later said that doctors had found three times the level ofalcohol legally permitted for driving in his bloodstream. Princess Diana was rushed to a hospital where she unconscious but alive on arrival. Doctors could not revive her despite open heart massage. At Diana's funeral in London on Saturday her brother Earl Spencer blamed the press for hounding her to her death. He saidthe media had turned the Princess, Diana into "the most hunted woman on earth." Earl Spencer's remarks echoed his initial reaction to Diana's deathlast Sunday, when he said the media "had blood on their hands". Diana is remembered for her fund- raising efforts. Her funeral was reportedly watched by over one billionpeople. The world mourned. Across the Nation Law firms maintain moderate growth American law firms maintained a slow and steady growth in size, according to the 1997 of Counsel 700 annual survey of the nation's biggest firms. Firms which ranged from 46 to 1,970 lawyers increased overall by 3.9 percent last year compared to the 3.4 percent reported in last year's survey. The largest firms with 400 or more lawyers grew the most at six percent compared to four percent last year. The next group, 300 to 400 attorneys, grew by 4.7 percent, while firms of 200 to 300 attorneys increased in size by 4.4 percent, compared to 1.7 percent last year. Revenues were reportedly up despite a 34-lawyer decrease over a twoyear period at Washington's Shaw, Pittman, Potts & Trowbridge. In New York,Epstein Becker & Green is leveraged less thantwo associate per 1 partner, while the number of partners increased by 11 in 1996. Yet per-partner profits were still up around $25,000. Many similar examples suggest that fewer lawyers are generating more revenues by working more hours, by marketing themselves better and — a direct reflection on lawyer efficiency by achieving better realization (i.e., the ability to actually collect rather than writeoffor writedownwhat gets billed). — You might be guilty, but you can't be crazy An Illinois Appellate Court has struck down a statute allowing juries to arrive at a verdict of "guilty—but mentally ill." Found a violation of due process rights, the decision has taken away a palliative tool from those who wish to diminish a guilty verdict by attaching a footnote of mental illness. Of course, we all know that you really can't do that. Kicking asbestos The Occupational Safety and Health Administration's standards for asphalt roofing combined with asbestos have been dropped as too stringent. The Fifth Circuit has decided that the standards were not supported by substantial evidence of danger in the form of freefloating asbestos particles escaping from the asphalt roofing. Tobacco settlement with Florida Agreeing to pay $ 11.3billion in damages over 25 years, the tobacco industry settledits lawsuit with Florida. The settlement is still overshadowed by the possibility of a broader settlement between cigarette makers and the 40 states that have sued them. If converted into law, that agreement wouldoverride individual deals such as Florida's. September 15,1997 more information or to obtain a pledge card, please call 833-6649. Anthropologist to lecture at Baldy Dr. Carol Stack, an anthropologist and Professor of Women's Studies and Education at the University of California, Berkeley, will givean informal presentation onCall to Home: AnAmerican Struggle for Community on Thursday, September 18, 1997 from 2:00 3:30 p.m. in 218 Baldy Hall. She is the author of All Our Kin and - numerous articles on poverty and social Court says wives may sue husbands' lovers Menwho cheat on there wives may be the source of more than candy and flowers for their lovers. The Oklahoma Supreme Court recently ruled thatwives can sue paramours for the conveyance of sexually transmitted diseases from the paramour, to the husband, and then to the wife. Provided that the lover didnot inform the husband of his/her condition, such conveyance is an actionable wrong. Lockhart v. Loosen. policy, she is also past president of the Society of Urban Anthropology. She was awarded the Victor Turner Prize in Humanistic Anthropology for her recent book, Call to Home, on the reverse exodus of half a million black American living in cities of the North who began returning to rural southern home places. She hasconducted a three-year comparative study of youth working in the inner city, low wage, fast food industry in Oakland and Harlem (with Kathryn Newman), and is currently writing Great Expectations, coauthored with Ellen Stein, on the lives of urban youth. Sounds fair to us The Ninth Circuit has decided that removing a juror from deliberations, when that juroris the sole holdout barring an acquittal, and thejudge ordering the removal is aware of that fact, is permissable, as long as that juror is "an impedimentto deliberations."TheSixth Amendment's assurance of a fair trial is not violated by such an action. Perez v. Marshall. Court holds that attorneys can not compete with their clients The New York Supreme Court has ruled that KPMG Peat Marwick LLP breached fiduciary duties owed to an audit client. The client, a firm specializing in "economic value added analysis" sued when Peat Marwick began offering similarservices in a covert manner. "A fiduciary is not entitled to engage in an actual secretive competitive venture when still in the embrace of an active relationship with a principle." Limited injunctive relief and nominal damages were granted to the plaintiff. Here at Home Sleep-Out to promote awareness Visiting scholar to speak at UB Tom Farer will discuss the concept and philosophy involving armed intervention on Thursday, September 18th from 1:00p.m. to 3:00 p.m. in the Faculty Lounge, 545 O'Brien Hall Farer is Dean ofthe Graduate School ofInternational Studies atthe University ofDenver and is the former President of the Inter-American Commission on Human Rights oftheOrganizationofAmerican States and of the University of New Mexico. Within the United Sates government, he has served as special assistant to the General Counsel of the Department of Defense and the Assistant Secretary of State for Inter-American Affairs. He has taught law at Columbia University, Rutgers, Tulane, andHarvard and internationalrelations at Princeton's Woodrow Wilson School and the Johns Hopkins School for Advanced International Studies. He hasalso been a Senior Fellow of the Council on Foreign Relations and the Carnegie Endowment for International Peace. He istheauthor ofeleven books and many other publications primarily concerning issue of international and comparative law.foreign policy, humanrights and international institutions. His most recent work, Beyond Sovereignty, was recently published by TheJohnsHopkins University Press. The OfficeofStudentLife and the Newman Center at State University of New York at Buffalo are proud to announce the first annual Grate American Sleep-out. The sleep-out is an opportunity for students to spend a night outside to discuss, think, and learn about homelessness. Participants will be encouraged to seek pledges for each hour spent outside throughout the night. All donations will benefit local homeless shelters. The event is scheduled for Friday, September 19, 1997 from 7:00 p.m. to 7:00 a.m. behind Allen Hall on ÜB's South Campus. For **Sources for News Briefs include U.S. News& World Reports, The Buffalo News, and Press Releases. �THE OPINION September 15, 1997 Summer Leaves Behind a Justice by Adam Small, Special to The Opinion If nothing more than for a moment, law students should pause at the beginning of this semester to reflect upon the passing of a giant in our field. Former United States Supreme Court Associate Justice William J. Brennan Jr. died July 24th of this past summer. Undoubtedly, 2Ls and 3Ls have already read many of his opinions. Freshman will soon have the privilege, too. Nominated to the High Court in 1956, by President Dwight D. Eisenhower, Justice Brennan was the sixth-longest serving Justice in the Court's history. Justice Brennan served for 34 years, spanning eight Presidential Administrations. Justice David H.Souter, nominated by President George Bush in 1990, now occupies Justice Brennan's seat. JusticeBrennan was a firm believer that the answers to difficult constitutional questions lay in interpreting the Constitution in thelight ofmoderntimes. In 1985, Justice Brennan observed, "We current Justices read the Constitution in the only way that we can: as 20th-century Americans." Unaccepting ofthe original understanding judicial philosophy, Justice Brennan once noted that "the genius of the Constitution rests not in any static meaning it might have had in a worldthat is dead and gone, but in the adaptability of its great principles to cope with current problems and current needs." He once made an even stronger statement against original understanding by propounding that it was "little more than arrogance cloaked as humility." Onemight be wondering at this point how such a progressive, activist judicial thinker was nominated by a conservative-Republican Administration. Point of fact, the presidential election was just weeks away and it was believed by advisers that an appointment of a northeastern Catholic would expand President Eisenhower's voterbase. JusticeBrennan was an outstandingly qualified and respected judge in 1956 however, a New Jersey Supreme Court Judge, Brennan was in the forefront of pushing for the modernization of the national court system. Over his thirty-four years on the United States Supreme Court, Justice Brennan has established himself as, most notably, a defender of individual's rights to free speech, due process, privacy, and equal protection. Writing for the majority in many ofthe most important cases of the latter-half of the twentieth-century, Justice Brennan adhered to the principle that the United States Constitution must protect, in his words, "the essential dignity and worth of each individual." Justice Brennan seemingly kept this notion of individual worth in mind when writing the majority opinion in the 1970 case, Goldberg v. Kelly. The Court held that in order to protect a person's right to due process, a pre-termination hearing was required before cutting off welfare benefits. In support of protecting indigents' procedural due process rights, Justice Brennan wrote that "from its founding the Nation's basic commitment has been to foster the dignity and wellbeing of all persons within its borders." Another area where Justice Brennan's opinion have had a profound effect is the First Amendment right to free speech. In New York Times v. Sullivan, Justice Brennan established the "actual malice" standard.in defamation suits brought by public figures. Because "debate on public issues should be uninhibited, robust, and wide-open," Justice Brennan wrote in the 1964 case, a public figure should be required to prove that false statements regarding him or her were published "with knowledge that it was false or with reckless disregard of whether it was false or not." Justice Brennan tackled a highly contentious political issue in the 1989 case, Texas v. Johnson. Holding that a Texas statute, prohibiting the burning of the American flag, was unconstitutional, Brennan wrote that "if there is a bedrock principle underlying thefirst Amendment, it is that the government may not prohibit the expression of an idea simply because society finds the idea itself offensive or disagreeable..." In support of the decision, he made the keen observation, as well, thattheDrafters ofthe First Amendment, in turn, were likely "not known for their reverence of the Union Jack." Justice Brennan wrote for the majority in the 1970's cases, Frontiero v. Richardson and Craig v. Boren which confronted the issue of statutory gender classifications andtheir compatibility with the Equal Protection Clause of the 14th Amendment. Keeping with his philosophy ofprotecting the worth and dignity of all Americans, Justice Brennanadvocated a heightened standard ofscrutiny for laws based on gender. In Justice Brennan's language, this heightened standard ofscrutiny requires that a law containing a gender classification "serve important gov- ernmental objectives and must be substantially related to achievement of those objectives." Justice Brennan's unwavering opposition to the death penalty throughout his career on the Court demonstrated that compassion as well as critical legal thought were weighted in his judicial decisionmaking. He once remarked in a speech that the "calculated killing of a human being by the state involves, by its very nature, an absolute denial of the executed person's humanity. The most vilemurder does not, in my view, release the state from constitutional restraints on the destruction of human dignity." It is, indeed, "cruel and unusual." The legacy of Justice Brennan',s tenure on the United States Supreme Court is embodies in every opinion he authored. Although theabove cases are only a handful of Justice Brennan's majority opinions, there are hundreds more that we, as law students, will come across. Take a few minutes this semester, as well, toread his impassioned, but well-reasoned dissents. Justice Brennan and Justice Thurgood Marshall frequently were a minority of two during the conservative Warren era of the 1970's and early 1980's -especially in the area of criminal procedure. However, his view that the Constitution should protect the dignity of every American continues to this day in his landmark opinions, and will continue for time to come. Justice Brennan's consideration of each individual's "essential dignity and worth" should be a lesson not only for future Justices, but for all Americans. The Anarchist by Russ Klein The ,, "War on Drugs question of "why are drugs illegal?" Or, they can ask themselves "why do I favor drugprohibition/why shouldwe keep prohibition going?" Some common answers include 'they are dangerous to the user' or 'they are dangerous to nonusers' or 'they create crime' or a variety of other rea- Everywhere we go, people seem to have an impression that something is definitely wrong in America. Whether it be crime, war, drugs, taxes or whatever, many people believe that somehow things are worse than they were 50 or 100 years ago. The older folks in society yearn for a return to the good old days, the people of the 60's and 70's remember at least when people stood for what they believed in and against (and were willing to go to jail, even die for what they believed in), and finally, the so-called "Generation X" (who are always portrayed as apathetic alternative skate-boarders on MTV and CNN) claim that they have it the worst of any group to ever exist. Even more discouraging, it seems that more and more people seem to expect the government to do something about it. But people don't seem to notice that in nearly all cases, there is nothing a government can do about it, except make the situation worse. A perfect example of this is the so-called "War On Drugs." Mayor Kurt Schmoke of Baltimore said "Decriminalization would take the profit out of drugs and greatly reduce, if not eliminate, the drug-related violence that is currently plaguing our streets." In a video we watched in the Prisoner Law class, a prison warden conceded that the "War On Drugs" was an economic boom in some regards. I have always found this one to be an interesting response. It is an arrogant assumption on the part of some people that they will ban my use of(for example) marijuana, because they deem it is dangerous for me to use it, and that I will not look out for my own self-interest. Thomas Jefferson said it best when he said "Laws [should] provide against injury of others; but not from ourselves. God himselfwill not save men against their wills." Still, drugs were not made illegal because the government cared about your health. There is a lot of evidence that the drug prohibitions were passed originally out ofracist concerns (such as an amazing notion/fear thatAfrican Am ericans would drink excess amounts of Coca Cola and become super-human sex-maniacs and rape white women). This is not thework of a government looking out for your health. Still, McDonalds is dangerous to the user (probably more so than many drugs, One must ask themselvesthe crucial since Ronald McDonaldis aimed directly sons. 'They are dangerous to the user' at kids, and they try to entice consumers to eat such nutritional items as Big Macs and french fries). Yet, we don't see a push to have a prohibition passed on McDonalds and other similar fast food Columnist lions of criminals out of our natural drug using population that exists regardless. Many spaces in our overcrowded prisons are filled by nonviolent victimless drug offenders. outlets. 'They are dangerous to nonusers' 'More people will use drugs' The largest area that this covers is crimes committed by users against nonusers. What many people forget is that whilethe consumption ofthe drug would be legal, if they still commit a murder while under the influence, they are still a murderer. If they rob someone for drug money, they are a robber. No one is advocating that we excuse othercriminal activities thatleave victims. Many people do not need drugs to commit crimes, and drug use does not inherently turn one into a criminal. There is no credible evidence that this is the case. The reality is that in most areas, drugs are readily available, and easily consumed. Despite the prohibition on drugs in America, it is estimated that millions of Americans are casual users of illegal drugs. When I go back home to New York City, 1 can find drugs anywhere in the city in relatively short amounts of time. Its about as difficult as finding, say, an illegal handgun. The black market fills the gap to supply what people want. Lets not kid ourselves by thinking that we are accomplishing anything. Evidence shows that the "War On Drugs" can and has effectively stopped a measly one percent of the drug flow in this country. On the other hand, estimates suggest that it only takes one percent ofthe current drug flow in this country to satisfy the nation's drug habits. This means that an astounding 98% ofthe current drug flow in this country is surplus! There is no real chance of the drug 'They create crime' Actually, much scholarly evidence points to the prohibition itself as being what causes crime. Fact is that the prohibition drives up the price of drugs by creating artificial scarcitiesandrisks. The higher price of drugs is what causes many people to have to steal to get more. Take the mafiaand gangs out of pricing drugs, and the price comes down due to the real prevalence of drugs on the street. Plus, drug prohibition by its nature creates mil- See TheAnarchist on page 6, 5 �THE OPINION 6 September 15, 1997 For the Public Interest For thePublic Interest is a column submitted by the Buffalo Public Interest Law Program (BPILP). It is designed to educate the community of the many facets ofPublic Interest Law. UB Law has an obligation, as the only New York law school with a state tuition, to support and commit to public interest law. This commitment to helping those grossly underrepresented is demonstrated throughout thelaw school community andhas allowedUBto maintain its reputation as one of the finest public interest law schools in the nation. The administration supports public interest through its Public Interest Week held in October where it drawsrenown area public interest attorneys to discuss the highlights and obstacles of a public interest practice. Dean Olsen offers an Externship Program where students can get course creditfor public interest work. The upper division clinics also offer a multitude of opportunities m the public interest such as the Affordable Housing Clinic. The Career Development Office also demonstrates its commitment with its abundance of career opportunities and the presence of 3L Graduate Assistant, Shawn O'Buckley who is employed to assist law students in developing their resumes, job hunting, and providing information about public interest career fairs such as the NAPIL Conference held in Washington, D.C. on October 15th. Student groups at UB are also incredibly active in the public interest. Last year the Buffalo Public Interest Law Program, under the leadership of 3L's Theresa Cusimano and Kiisten Nowadley, sent nine students on $2500 Fellowships and further supplemented funds for seven Co-ops whose matched funds consist of $1,000 from BPILP, S5OO from SBA and $500from various UB law student groups. For example, 1997 BPILP Summer Fellows worked in areas of law such as labor, housing, disability, public defense, and elder. SBA Update by Brenda Torres, SBA Treasurer Special to the Opinion clinic buffer zones as established by the U.S. Supreme Court in Schenk v. ProChmcc Network fit Western NY. argued by ourvery own Professor Lucinda Finley. The Guildalso addresses timely issues such as the Campaign for the Living Wage, police brutality, and racism at theSurvival Breakfast's bi-weekly discussion series. For more information on how you can get involved with the public interest law community please contact the 1997-98 BPILP Co-Coordinators. Mindy Mairancaat 886-2140/Box 111 or Kinda Serafi at 886-486(J/Box 173. Unless the person can provide evidence that the number ofusers will go up, they can't realistically argue from this vantage point. You can, however, provide your own example. Take marijuana for starters. There has never, to the best of anyone's knowledge, been a single known overdose from marijuana use. Compare that, to say, alcohol, which produces overdose quite frequently in drinkers (aka alcohol poisoning). Yes, people overdose from other drugs, but that is not say that the number will goup, just based on legalization. What could we do with all that money Every dollar that is spent on the "War On Drugs" is a dollar that is not being spent on finding missing children, tracking down rapists and kidnappers, and drug rehabilitation. Meanwhile, money isactively spent on putting nonviolent, victimless offenders in prisons due to mandatory sentencing and 3 Strikes type laws. This costs a lot of money for you and me. In reality, drug prohibition creates many problems, and solves none, because it doesn't stop anyone from com- - informational meeting for those interested in running for class director positions. 6 positions available for each year. b) September 24 and 25 elections outside law library on 2nd floor O'Brian. and pro-bono support at the Volunteer Lawyer's Project. Further, four Fellows worked for human rights in Turkey, South Africa. Uganda, and Zimbabwe. BPILP has set goals to increase both amount and number ofthe 1998 Summer Fellowships to be offered. The National Lawyer's Guild, a progressive student group dedicated to social justice and economic equality provides law students with the opportunity ofhands on practical legal experience. The Guild's task forces include the Homeless Task Force which works with the homeless and near-homeless and public benefits issues, the Prison Task Force which teaches legal research and writing to Buffalo areapris* oners, the Farm Workers Task Force and box numbers. The 1997 Summer Co-op Fellows worked in areas that included domestic violence both in Poland and Western New York, environmental protection, Sister Helen cont'dfrom page 1. duced Four Weddings and a Funeral, the film. "Today they are really gladthey picked up Dead Man Walking." Sister Helen said. The movie, which hit theaters at the end of December 1995, was nominated for four Academy Awards. agreed to produce They will stress our medical community 1. Elections a) September 17that 4:30 pm 2. General Meetings a) Ist general meeting on Wed, Oct 1 at 4:30 pm. b) Subsequent general meetings to be held on Thursdays at 6 pm, every other week and starting on Oct. 16,1997. 3. New student welcome party on Thursday, Oct. 18 at 4:30 pm in student lounge, O'Brian. Free food and beer. 4. Barrister's Ball - tentative date Sat., March 21, 1997. 5. Other events that we have done and would like to continue: Halloween Costume Party, Welcome Back party, co-sponsored withBarßri, Blood Drives, Graduate student mixers, other fundraising events for the poor. 6. Other projects - yearbook, renovation of student lounge, Rm. 206 renovation into study/cafeteria lounge, networking events with Erie County Bar Associations. 7. We need an updated list of student organizations' office phone numbers, eboard members'phone numbers The Anarchist cont'd from page 5. supply on a national level drying up, except by kingpins and gang leaders trying to squeeze the black market for more money. The e-board met on 9/11/97 from 6 pm to 8 pm. The following topics were covered: mitting this victimless crime. We appar- ently haven't learned our lesson from prohibition when the 18th amendment was put into effect (fortunately struck out by the 21st amendment). Of course drug use creates problems. Like any other legal drug, illegal narcotics can be abused and misused. The guy who smokes pot every day will become a 'pot head', and will lose value to society, but this isn't any different from the guy who drinks every day and becomes a 'alcoholic... Legalize drugs, and enforce laws involving real crimes. After all, government's jobis to protect your natural rights. It is not its job to tell you or I what we can and cannot put into our bodies. There was a time in this country when drugs were legal and one could do their drugof choice without persecution. I've been to Holland, and I witnessed a society that was tolerant of relatively open drug use in Amsterdam. I know many people who use drugs carefully and safely, and do a great job of functioning in everyday life. I'm not advocating that people go out and do drugs. In case you haven't noticed, this is less a debate on drugs, and more a debate onthe right to control your own body. Its time we started taking that right back from those who stole it in the first place. Sister Helen speaks about her involvement "Fora long time in myreligious life I hadn'tbeeninvolved withpoorpeople." She remembers hearing a clear challenge to work with poor people. Thisled to her involvement with the St. Thomas HousingProjects in New Orleans in 1982. She was later approached by a friend who asked if she would volunteer to be a pen pal with a deathrow inmate. "I knew that when I started writing him, I wouldn't stop even if he didn't respond". She began writing to Matthew Poncelet and eventually felt a desire to visit him as well. "The sign over their house says death row which means society views them as dispeasable people. He was alone and I just kept thinking of the bible passage, ' I was inprison and you came to me.' Writing letters is one thing, [because] you're somewhat removed." She recalls the first visitas one filled with apprehension and nervousness at This visit was memorable for Sister Helen who said, "I remember looking into the eyes of a human being." This meeting sparked her interest to learn more about the death penalty. She not knowing what exactly to expect. explained that shewanted to know how it worked, who was on it, and the effectiveness of it, if any. What she learned was that the majority of death row inmates were minorities who were there for killing whites. I instinctively knew the state of Louisiana should not imitate the violence, instinctively knew I didn't believe in the death penalty." According to Sister Helen, in Louisiana an 18-year-oldfirst time felon could get life imprisonment for selling heroin. She realizes that abolishing the deathpenalty will not be easy. "Decent people feel outrage over the death of innocent people. I know people commit terrible crimes... but no one deserves to kill them. Forgiveness is never easy... each dayit must beprayed for, struggled f0r..." She encourages people to educate themselves about capital punishment if they are having difficulties picking a side and also stress the importance of public dialogue on the issue. "I would talk to the audience sometimes much smaller than this... 1 remember speaking to an audience of three people at a nursing home. Of course, two of them nodded off, but at least I had the attention of one person," she said. �September 15, 1997 THE OPINION 7 "I'll just look interested." Deep Thoughts with Joe Huang. "You!! Are you kidding me?" The new home oflLs. O'Brien Hall — Bastion ofLegal Scholarship. �THE OPINION 8 September 15,1997 Guess who hada bad day U b% A bad day at work can often lead to verbal abuse at home. Think about what you're saying. Stop using words that hurt. Start using words that help. 11I| -'MiX wM v* I pgincii ' v>//»>yvlC Tr\rl i v 9 KtiQnal "A* Iγ^ ' 4flv chica^|j^g^nnr For helpful information, Committee for Prevention oil box 2866E, 6 � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Opinion, 1997-09-15 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. The Opinion no. 2 15.09.1997 Date Issued Date of formal issuance (e.g., publication) of the resource. 9/15/1997 Bibliographic Citation A bibliographic reference for the resource. Recommended practice is to include sufficient bibliographic detail to identify the resource as unambiguously as possible. 38 2 Publisher An entity responsible for making the resource available University of Buffalo State University of New York at Buffalo Law School Language A language of the resource eng Type The nature or genre of the resource Newspapers Text Is Part Of A related resource in which the described resource is physically or logically included. LIB-LAW003 Rights Information about rights held in and over the resource <a href="https://rightsstatements.org/page/CNE/1.0/">COPYRIGHT NOT EVALUATED</a>. The copyright and related rights status of this Item has not been evaluated. Please refer to the organization that has made the Item available for more information. You are free to use this Item in any way that is permitted by the copyright and related rights legislation that applies to your use. This digital collection is made available for research and educational purposes. Researchers are responsible for determining copyright status, and securing permissions for use and publication of any material. Copyright for items in this collection may be held by the creators, their heirs, or assigns. Researchers are required to obtain written permission from copyright holders and the University Archives prior to reproducing or publishing materials, including images and quotations. For inquiries about reproduction requests and permissions, please contact the <a href="http://library.buffalo.edu/archives/">University Archives</a>. If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/55228cc90a516d68414c37dc9f423d51.pdf a7a277915553b3cee7215723275457a3 PDF Text Text J H J NEWS 2L Wins NYSBA Student Council Chair. See page 3. Bringing the Issues to the J FEATURES OP\ED Saying Goodbye to Our Graduating Seniors. See page 4. Students Since 1 May Horoscopes. See page 7. SJ49 THE OPINION Volume 37, No. 12 STATE UNIVERSITY OF NEW YORK AT BUFFALO SCHOOL OF LAW Student Groups Fight Over Funds at Final SBA Meeting by S.A. Cole, iNews Editor On Monday, April 28,1997, the StudentBar Association had its final meeting of the year. Members of the. current Executive Board, who are slated to turn over their offices on Thursday, May 1, worked with leaders from law school student groups to set the administrative and group budgets for the upcoming year. Groups with smaller budgets, such as PAD, Outlaw, and the Criminal Law Society, received their funding with relatively little bickering. The lack of a discretionary fund to meet budget requests forced groups to look elsewhere withinthe outlined budget for the money they wanted. Othersfelt that the silent majority of students who attend social functions at UB Law needed to be represented, and such events could not be totally snuffed Under fire were the Barrister's Ball, Minority Dinner, First-Year Orientation, and other social functions that are part of the SBA's Administrative Budget. Many studentleaders expressed frustration over the Barrister's Ball having a $2,000 allocation that could have been used to bolster the budget ofthe Environmental Law Society, or the Entertainment and Sports Law Society. SBA members and groups leaders alike protested and supported the attack upon theschool's relatively skimpy social budget. Many felt that any social function was secondary to the need for UB Law to have quality publications and academic out. Two Co-Operative internships, under the sponsorship ofthe MedicalLegal Society and SOLAR, were unable to be granted immediate SBA matching funds with the other seven Co-Op internships, due to discrepancies in their accounts. The Pagan Legal Society was unrepresented, and was thus deniedfunding. The meeting was not over when The Opinion went to press at 11:30p.m. events. Annual Student Dinner Recognizes Graduating Seniors, Honors Professor Meidinger by Rochelle Jackson, Editor-In I -Chief The end is near. Graduating seniors say their good-byes and forge on to r respective legal careers. They will leave their legacy of suc- to say congratulations to all ciation(BLSA), Latin American Law Student Association (LALSA), and Native American Law Student Association (NALSA). This year's keynote speaker was Siu cess and triumphs to other students here This was the theme of the Annual Minority Students Recognition Dinner held on Each yea the dinner celebrates gradu ating senior andrecognize one professo who was in Professor Meidinger with Jacob Hyman Award strumental i students' sucMei. Mci is a graduate of Harvard Law cess while at theLaw School. This year's School, Harvard Radcliffe College and a recipient of the Jacob D. Hyman Award, Skadden Fellow at the Asian American Professor Errol Meidinger, was nomiLegal Defense and Education Fund where nated by graduating seniors. sherepresents low wage immigrant workThe Dinner began ten years ago and ers and handles otherrelated labor issues. has been held annually since. It was Mci began her speech by congratulating originally called the Legal Methods Dingraduating seniors. ner but this year the named was changed "I came across several recent arto the Annual Minority Students Recogticles addressing thelegal profession. The nition Dinner. The organizing commitarticles were titled 'Politics and Patholtee was comprised of members from the ogy of Legal Education' and 'Psychiatric Asian American Law Student AssociaDistress in Law School.' So 1 would like tion(AASLA), Black Law Student Asso- Jackson Rochel by Phot graduating seniors," Mci said. "Study after study shows law students grow detached. Legal education requires you sever the personal from the professional. Not all ofthis is inherently bad. However, law is something that needs to be continually engaged in to remain vital and productive," she said. Mei's speech encouraged students to constantly challenge the legal system. "You are all the gatekeepers to the legal system. There is a scarcity of attorneys; each and every one of you is needed. You all have the potential to live greatly in thelaw. You can all make a difference," she said. Advocating the needforattorneys, Mci also emphasized the importance of pro bono work saying that it could be worked into any busy schedule. "Even fledgling attornies can engage in pro See Annual Dinner page 5 April 30, 1997 Medical Legal Society Sponsors Orgarty Tissue Donation Drive by Hochcllc Jackson, , Editor-in-Chief Did you know that at the time of death, one person could save the lives of 75 others through organ donation? That's why the UB Legal-Medical Society sponsored its first organ donation drive on Thursday, April 24, 1997. The purpose of the drive was to make more students aware of facts such as these and to implore more people to donate "1 would like to know that when I die, i could possibly save at least 75 people. There are over 40,000 people waiting on United National Organ Sharing list. At least seven people die daily waiting for organs,"said 2LDeru'seGrey, the secretary for the Society. Grey further explained that the United National Organ Sharing list is a list of people within the United States waiting for donor organs. The LegalMedical Society was founded in 1996by a group of law and medical students concerned about the number of people who die because ot the lack ot available organs. "Most of us in the Society have some medical or medical insurance background Today there are a lot of lawyers with medical training," Grey said. The Society, however, is not restricted to those with a medical background. According to Grey, many of the current members joined out of general interest and concern. Grey felt the drive necessary,. "Because it was something important to do. We're very fearful for the UB law school community for being so receptive to something like this. We also want to See Drive page 2 I*" Jackson Photbyßcel Denise Grey, Secretary of UB Legal- Medical Society �THE OPINION 2 Drive NEWS April 30, 1997 continued from page 1. thank B.C. as well as all of the students who came out and showed their support and interest, and especially BC." Student reaction to the displaytable, which was aimed at enlisting the general public to donate, was mixed. "I've always wanted to do this. I've just never figured out how," 3L Sharin Saks said. One student appeared uncomfortable when learning what thedrive was forand "We use this as a vehicle to get people to talk to their families about their decision. You need two witnesses' signatures when you sign the card. We suggest you get at least one family member to serve as a witness," she said. Grey stressed that many doctorsfear liability and will often refuse to excise organs in if the family refuses. Depending upon state law, a family member may leave, he offered a to I Jackson money donation. 1 l KocfieU plained that his reaction is not un- by Phot erallyun- comfort- Denise Grey, Society member Janet, Kimberly Shaffer, VP when discussing organ donation. She believes it is because, "People don't like to deal with death and mortality. Most people in their 20's don't like to believe they're going to die," she said. When family members learn of a loved one's death, they are usually in the grieving process and do not want to concern themselves with other outside issues. According to Grey, the card is an attempt to get donors to discuss their decision with family members. need to give consent before organs or tissues are removed even if the donor has already given his or her consent. When questioned by students whether theirdonor status on their driver's license sufficed, she responded, "Many doctors won't adhere to driver's license which is unfortunate for those people My son, Daku, was driving a motorcycle when he was hit by a car and killed. In the hospital was the most difficult time of my life. But because we had discussed organ and tissue donation, it helped me, it helped my family, it helped everyone in making the decision to donate (~\yanyi j£-»TICCI Jj? € his organs and tissues. Every day I tell people, talk it over. Don't ■ '»*■ l> WiM ■ ■*■ i■ yourdeasion. be afraid." Foryour free brochure about organ and tissue donation, WPH call 1-800-355-SHARE. CoLncS Coalition on Donation __ _ who have it on their license." Rich Mooney, President of the UB Legal-Medical Society added that they are constantly seeking new ideas and members. Photoby Gregory He\sler Attorney Shares Advice on Finding Employment by Brian J. Kelly, Esq. Special to the Opinion Mr. Kelly is executive director of the American Association ofLegal Employment Candidates (AALEC), a legal job search database company. OK, so you've done the on-campus interview thing. Now what is the most burning question you will ask yourself after you take the bar exam? The fact is that the great majority of law students will not finda full-time legal jobby the timethey graduate and take the bar exam. In fact, according to the latest figures from the National Association for Law Placement in Washington, morethan 29% of the most recent class of law students did not have a full time legal job six months after graduation. But all is not lost! There are other job search avenues available to you. Below is a run down of legal job searchtools available to youand an evaluation of the effectiveness of each. 1) LEGAL EMPLOYMENT RECRUITERS (a.k.a. Head hunters) These are people and companies paid a commission by potential employers to find a candidate to meet a law firm's specific need. Should you use them is not the question, but rather, can you use them. It is doubtful that you will be able to use them. They don't want you. Think about it, a headhunter is out to make money by delivering someone with a special qual- ity. They can't make money off of you. There are 40,000 students that are about to graduate from law schools across the country within the next two months. All of these students have taken torts, contracts, legal writing,participated in mock trials or moot court, and some have written on some type of legal publication. All of these eager graduates will gladly present their resumes to any law firm who takes out a four line ad in the classified section of any legal newspaper. So why would a law firm spend tens of thousands of dollars in commission to a headhunterfor a candidatethatthey could getforfree. Theansweris: they wouldn't. The firms using headhunters are looking for a few highly specialized or at least highlyseasoned attorneys and don't want to be inundated with thousands of resumes from people with no experience. Advice: Give them a try, but don't expect them to put a lot of effort into your job search unless you also have a Ph.D. in electrical engineering or a medical degree. And whatever you do, DON'T ever lock yourself into an exclusive contract with any one headhunter. 2) LEGAL CLASSIFIED ADS POSITIONS AVAILABLE - Try it and keep trying it. All it costs is the price of a stamp to stick your resume in the lottery withall of the others that a firm receives for its four line ad looking for attorneys. The good news is that a lotof theads actually announce that they are looking for attorneys with 0 to 3 years experience. So, youknow you are not compet- ing with the seniorpartner of a large Wall Street firm, who wants to switch locations. More good news, you as law students can freely answer the "blind ads" that appear in the classifieds. These are the ads that direct the applicant to send his or her resume to a P. O. box. Blind ads usually strike fear in the hearts of attorneys who are already working. That's because they never know who is going to receive their resumes. If the blind ad is from their firm or a firm closely associated with their firm, it could spell disaster. I most recently heard of a person terminated on the spot when his resume wound up on the desk ofthe hiring partner of his own firm; this despite his specific instructions to the newspaper not to send his resume if the blind ad was for his current firm. But since you have nothing to lose, send away to any and all blind ads. The problem with relying solely on the classified ads is that there are very few new jobs listed on a weekly basis. You will be hard pressed to find more than six new job openings in any one week. Whileit is still a good idea to check out the ads, you will quickly find that your weekly job search consists of a two minute perusal of the paper, an hour on a tailor-made cover letter to accompany your resume, and then sitting around for a week until the next issue of the paper nity that he or sheis available for immediate employment. This is also about as effective as wearing a billboard around your neck that says: "Hire Me!". Unless you have some highly specialized or unusual background that you feel should be announced to the world and you just don't know how to target the firms that would want to avail themselves of your services, this technique only comes out looking like an act of desperation (which may be the case, but you never wantto let a potential employer know that you are desperate.) It is also quite expensive to keep those ads running week after week. Not to mention the longer the ad stays in the paper,the more desperateyou look(which probably is the case, if you have to keep paying for the ad). 4) THE INTERNET If you surf the net to see if there are any legal job openings, that's great. My comments about "Positions Available" apply here. You should feel free to send your resume to as many places as you want. If, however, you want to place an ad announcing your own availability, then my comments about the "Positions Wanted" apply. The only difference is thatnow you look like a "high tech" loser. comes out. - 3) CLASSIFIED ADS POSITIONS WANTED This is the one where the would-be lawyer announces to the legal commu- See Job Search, page 7 �NEWS April 30, 1997 THE OPINION 3 BRIEFS 1L Wins NAPIL Fellowship regarding affordable housing for ex-prisoners. The program offers a stipendfor ten weeks based on the VISTA rate for this summer. Brown will attend the VISTA training session in Washington, D.C. at the end of May before going to Connecticut. "I'm very honored and excited to be 1L Melissa Brown 1LMelissa Brown will participate in President Clinton's Volunteers in Service to America (VISTA) Program this summer as a result ofwinning a fellowship the program sponsors in cooperation with the National Association of Public Interest Lawyers (NAPIL). The fellowship places about sixty students in community outreach programs around the country. About 450 applicants applied for this summer's program. Candidates were selected and interviewed by each individual agency. This summer, Brown will work with the Resettlement Program of the Connecticut State Prisons in Hartford, Connecticut. The program aims to reassimilate past offenders into society after theirprison stay. The program attempts to find affordable housing and educational programs for its participants. Brown will be workingwith the Connecticut State Legislature on legislation chosen for this program...lt's really important to me to be able to give back to society because I've been so blessed...l believeit'smyresponsibility to help someone get a second chance, " Brown said. How a Bill Becomes Law at Hoyt's Office by Anne Bevilacqua, Special to the Opinion This semester, four University at Buffalo Law students made state history through their experience as interns at Assembly Member Sam Hoyt's District Office. Bari Levant (3L), Jennifer Noah (2L), Joel Java(2L) andAnne Bevilacqua (2L) enteredNew YorkState history books by helping draft legislation that has been introduced into the New York State Assembly. The bills have recently been entered into the New YorkState Assembly. Most of the bills currently have Senate sponsorship and the office expects the same on the remaining bills. "Law school is so much theory, it is difficult to feel like you are accomplishing anything," said Levant, "However, working on this bill finally made me feel like law school enabled me to do something important." Levant helped draft the much publicized City Residency Requirement Bill for Buffalo Police and Firefighters. "Even though this bill is highly controversial, I believe that it will be a huge benefit to the City of Buffalo for years," said Levant. "All of our interns worked on bills concerning important issues that will potentially become New York State Law," said Hoyt. "It is an honor to enable these students to make such an important impact in New York State. I am very happy that all our interns have such a great opportunity to make a difference." Java, whohopes to join the FBI after graduation, helped draft two bills that would change part of the New York State Penal Code. "Someday I may open up McKinney's and see the law that I helped draft," said Java. "It would be great to go before a judge and know exactly what the legislators meant when they wrote a law because I was involved before the bill even became law." "Everything that we do at Hoyt's Office effects our lives directly. The staff allows us to work on issues that we are interested in," said Noah. Noah worked on two bills that will have significant affects within the SUNY system. The first one allows a 50% tuition waiver to children of SUNY workers and the other would eliminate sales tax on textbooks. 2L Elected Chair of NYSBA Law Student Council Bevilacqua's bill would require mandatory labeling of any video tape that has been altered for content. She said this bill is important because consumers have the right to know exactly what they are buying. Congratulations BPILP Fellows! Congratulations to the following BPILP fellowship winners: Theresa Cusimano, National Institute for CitizenEducation Law, Washing- ton, DC; *Radhika Iyer, United Nations Spe- cial Rapporteur on Violence Against Women, Sri Lanka; *Patrick Maher, Legal Aid Bureau, Inc., Housing Unit, Buffalo, NY; *Mindy Marranca, Unemployment Action Center, New York, NY; *Jay Ovsiovitch, Makerere University Human Rights and Peace Center, Uganda; *Kinda Serafi, Westchester Putnam Legal Services, White Plains, NY; * Adam Small, Legal Aid Bureau I nc., Civil Litigation Unit, Buffalo, NY; *Arthur Wemegah, Legal Aid Bureau Inc., Criminal Appeals Unit, Buffalo, NY; *Lourdes Ventura, Legal Resources Center, South Africa; and *Baeta Banas, Legal Services for the Elderly, Buffalo, NY. Enviornmental Symposium Cancelled The Environmental Law Symposium scheduled for Friday, May 9, in the Center for Tomorrow on the University at Buffalo North (Amherst) Campus by the En- vironmental Law Colloquium has been cancelled. Correction by Kristin Greeley, Senior Editor was elected chair. Recently, 2L Scott Bylewski was The Law Student Council's mission elected chairperson ofthe New York State has three parts: "promoting law student Bar Association's Law Student Council. membership, organizing and conducting As chair, Bylewski will preside educational, proCouncil and meetings over repfessional and soresent the Council to therest of cial programs; the Bar Association and outinterfostering side organizations. school commuThe purpose ofthe Counnication and colcil is to "facilitate an exchange legiality, and of information and ideas providing a foamongst Student Bar leaders rum for the exto and enhance opportunities oy pression of law for participation in N YSBA acstudent views; tivities by law student memand advocating bers." on behalf of the Bylewski developedan inmembers of the terest in the N YSBA Law Stuto deCouncil dent Council during the winter 2L Scott Bylewski fine and impleof his first year. Hoping to ment policies and priorities in the area of become involved, he spoke withKathleen education." legal Sullivan, the NYSBA Liaison to the Law According to By lewski, since itsforStudent Council. She told him that UB mation in 1994, the Council has primastate was the only law school in the that focused on the first two prongs ofits rily not did have any representatives on the mission. these lines, the NYSBA Along council. has two events here at UB: co-sponsored PresiBylewski contacted then-SB A Fall 1996 Entertainment and Sports dent George Hamßoussi about becoming the speaker Law and Symposium Kirn a school's ÜB's representative. Usually, Walton. representative is its SBA president or his/ lewski hopes that under his diher proxy. Additionally, the SBA has the the Council will focus more on power to appoint a representative. After for students, the third prong of :y to some deliberation, the SBA agreed the mission. appoint Bylewski to the Council. At the "Studentshave needs andwants that Council meeting on April sth 1997, he MSaanirmthi Phot E are not being addressed as adequately as they should be...1 want the Council to help the students," he said. To further this goal, the Council has recently amended its bylaws regarding student representation. Student Bar Association presidents are no longer automatically members of the council, but the SBAstill has the power to appoint or elect one of two representatives each school is allowed. The Council then appoints a second representative from a list of interested parties from each school. Bylewski said this change was made because fewer and fewer SBA presidents had time to be Council representatives, leaving their schools unrepresented. The new system allows for morecontinuity in representation. "Every school deserves to be represented," he said. Kathleen Sullivan, the NYSBA Li- aison to the Law School Council, said she is excited about the upcoming year. She is most encouragedby the Counci 1's newest project, their newsletter theßeporter, which will be published three times per school year. 2L Mickey Osterreicher wrote a story for the latest edition. Sullivan also hopes to implement additional educational programming and increase the Council's visibility on law school campuses. "I'm very pleased that Scott is chair...l think he'll do a great job; he's very committed to the Council," said Sullivan. In the last issue of The Opinion, the titled, Constitutional Right to Assisted Suicide Debated, was not jumped to page 4 as the end ofthe story indicated. We have included the portion of the story which was not jumped as well as the two paragraphs preceding it, story Assisted Suicide Cottt'dFrom Last Issue by Kristin Grecley, News Editor As a result of the first two parts of argument, their Hull said, the Court reca ognized right to suicide in Cruzan. Patients rejecting or removing treatment is physician-assisted suicide, he said. The Equal Protection Clause extends to terminally ill patients not on lifesupport to endtheir lives, Zeve said. The state is not allowed to treat similarly situated people differently. By making the distinction between those who want to discontinue treatment or not begin treatment and those who want to take more proactive measures to end their lives, the laws are treating similarly situated people differently, Zeve said the states use medical technology as "both a swordand a shield" when they commit this hypocrisy. This hypocrisy is also a violation of equal protection, he said. �EDITORIAL THE OPINION 4 April 30, 1997 ASFSDSDFSD THE OPINIQii l mm 37, No. n Volume 12 \/ Founded 1949 Rochelle D. Jackson Editor-in-Chief I 1 %w . .. I an IfUVT 1997 April 30, Cindy Huang Managing Editor STAFF Business Manager: News Editor: Features Editor: Photography Editor: Art Director: Layout Editor S.A.Cole Michael SantaMaria Senior Editors: Jessica Murphy, David Leone, Julie Meyer, Kristin Greeley TheOpinionisa non-profit, independent, student-owned andrun publication funded by advertising fees. The Opinion, SUNY at Buffalo AmherstCampus, 7 JohnLord O'Brian Hall,Buffalo, New York 14260, (716) 645-2147. The Opinion is published bi-monthly throughout the Fall and Spring semesters. It is the student newspaperolthe State University of NewYork at Buffalo School of Law. Copyright 1997by The Opinion, SBA. Anyreproduction ofmaterials herein is strictlyprohibited withoutthe express consentofthe Editor-in-Chief and piece writer. Submission deadlines for letters to the editor and Perspectives are 5 p.m. on the Wednesday preceding publication. Advertising deadlines are 6 p.m. on the Thursday precedingpublication. Submissions may either be mailed to The Opinion, or dropped offoutside of the Opinionoffice in thebasement of O'Brian Hall, Room 7. All copy must be typed, single-spaced, and submitted onpaperand on a computerdisk (IBM-WordPerfect 5.1). Letters arebest when written as a part of a dialogue and must be no more than onepage. Perspectives are generally opinion articles concerning topics of interest to the law school community and must be no more thantwo pages single spaced. We reserve the right to edit any and all submissions as necessary. The Opinion will not publish unsigned submissions. We will return your disks to your campus mailbox or to a private mailbox if a selfaddressed stamped envelope is provided. The Opinion is dedicated to provide a forum for the free exchange of ideas, therefore not all the views expressed in this newspaper are necessarily thoseof the Editors or Staff of The Opinion. EDITORIAL: As exams encroach upon our lives, the delicious terror of facing the real world begins. The Class of 1997 prepares to survive the bar exam and the job market—some more ferociously than others. The past three years have aged us in good and bad ways.. Just take a look at the face book! Do you remember how you felt when you arrived at school for the first time? Whether or not you slept well the night before the first day of school? Who you knew and who you discovered? While there isno doubtthat our legal education is a precious commodity, we were blessed in a second way through therarified atmosphere of legal academia-friends. Intense friendships born from everyday exposure to education, a small social environment and self-imposed pressure to succeed. Friendships filtered through our background and honed from our surroundings. Law school was sort of like high school. We even had lockers! We knew everyone's business before they did. We've spend three years focusing on one goal, and we inadvertantly blew our microcosm out of proportion some times. It's really amazing how fast the stress brought out the worst in us when it came to people we didn't know. We have a lot of neat things about our school which we do not see because we are part ofthe picture still. We complained—and still will complain—about UB Law a lot. There are things that could stand some improvement...but the difference I see at UB Law is how we band together to help each other. Remember how quickly the lone razorblader was snuffed out? How quickly we shared those outlines? We were guinea pigs. We tested out the Research and Writing program. Those professors learned from teaching us. We learned that no matter how many small If you have an opinion on anything published in ournewspaper or on any current topic that concerns the law school community, write to The Opinion. Letters to the editor are best when written as a part of a dialogue and must not be longer thantwo pages double-spaced. Perspectives are generally opinion articles concerning topics of interest to the law school community and must not be longer than four pages double-spaced. All submissions are due the Wednesday before we publish in the hotboxoutside of the Opinion Office. Your submission must be typed, single-spaced, and submitted on paper and on a computer disk (IBM-WordPerfect 5.1 format). Send your submissions to The Opinion office, in the basement of O'Brian Hall, Room 7. events assignments we did that year...the appellate brief was one of the most important and hellacious projects we completed. We were the last class to experience theLawyering with Professor Headrick—now the Provost of ÜB. We were the last class to compete in the Desmond Moot Court Competion as 3L's, the last class to experience the long semesters and the first class of lL's to deal with professors making a transition from four credit hour classes to three credit hour classes. We also had the joy of experiencing not one, but two tuition raises. We have that weird grading system, but at least this is an interesting topic to talk about when you go on a job interveiw. We have no ranking...another interesting interviewing conversation topic. Students from other law schools will recall how competitive law school was and what a small number of people could be trusted. We can look back and see a whole group ofpeople withwhom we shared trust and friendships. While we complain about the frustrations which are the law school package, we should take a second and look at the rare chance that was given to us based merely upon two numbers and a few pieces of paper-the opportunity to make our own success. Despite our noses being on perma-wiggle, despite some of the bad feelings we bear toward one another at times, despite all of the hurdles we jump as UB Law students...we are soon to be alumni. It is because of our unique experience as UB Law Students as well as students of the Class of 1997 that we have a lot ofresponsibility to our community. We shall be the leaders, the examples and the voices of reason. Our rare opportunity to make something of ourselves demands that we never forget the places from which we came...and the places where we will go. Good luck to everyone! The followmgiteptsarecurrently being held in the Library's Lost and Found Drawer. Please stop by and claim your property! 1L Property Law Book Basic Documents in International Law and World Order Book Mensch Contract's Book Decendents' Estate and Trusts Book Blue Book Law Criminal Notebook (light blue folder) Perspectives Notebook (teal Blue folder) 1 blue ski mitten various marked and unmarked computer disks LOTS of mugs The Library will hold these items until Sunday, May 11th. Then, the items will be turned over to Public Safety. �April 30, 1997 THE OPINION NEWS/FEATURES 5 Dinner continued from page 1. bono work. You don't have to bea fulltime public interest attorney to help out," she said. In explaining why pro bono was important she said it was one way to acknowledge "the debts we owe to the pioneers. Now that the doors to thelegal profession have been open to us we owe it to others [to give something back]." Pro bono can improve public perception of attorneys. A recent poll revealed that attorneys are despised almost as much as politicians. Many say the legal system is divorced from the justice system. Let's shock thepublic by helping the public." Pro bono work offers an opportunityto developlegal skills. It is autonomy forthe soul.- It liftslaw from beingmerely a job to the potential of being a noble calling. Helping someone in need feels good and it helps you put your life into perspective," Mci said. Acknowledging others along the way Following Mei's speech, Professor Meidinger was presented withthe Jacob D. Hyman Award. In accepting theaward Meidinger said, "I am deeply honored to receive this award and perhaps a little surprised. It's like getting an H I didn't expect I'll take it ...There's no groupof students I would rather receive an H from." According to Meidinger. Professor Hyman is someone who was instrumen- — tal and deeply committed to the diversity aims of the law school. Like Mci, he too encouraged studentsto challengelaw. "To plagiarize my favorite legal theorist, Wynton Marsallis who described jazz as the purest form of democracy: There's a pattern, a melody, a chord structure Sometimes a whole new tune emerges. So it is with law. In order for law to survive it has to be open to voices that can express the diversity of society. You are those voices, to give voice to the clearest melodies that you produce. Don't retreat,. Hopefully law will listen and itself respond," he said. "Law comes as much from the lawyers as from the books and the teachers. It comes from you, from your experience, your perspective, your energy, your commitments, yoursensethat somethings are weird orwrong... That sense is shared by many including your professors." Students who attended the dinner found it uplifting. "The event was well organized and the atmosphere was friendly. It's inspiring to see such a diverse population ofsucceeding students," said Marisol Benitez, from the School of Social Work. "Law school is meant to be a cooperative learning experience. People in this room are a perfect example of what law school should be about," 2L Martin Cortez and former president ofLALSA. it was heartwarming, It's good to see students recognizing students" said ... 1L Janette Cortez. _ ■-TV . v , .,i »m From yw* **"" k t left to right:Elvin Mcrcado and Martin Cortcz 4 All Together Now: Smile! left to rightAllison Dunlop, Martin Cortex, Scott Printup, Professor Jacob D, Hyman, Professor Meidinger, Keynote Speaker Siu Mci, Evelyn Pennington, Nicole Fox, and Thomas Rhcc From We're Outta Here Committee Organizers From left to right: Richard Ramdiri (BLSA), Jeanette Castagnola (LALSA). Jonathan Chui (AASA) and Peter Hearns (NALSA) From left to right: Graduating Senior Martha Ehman, Graduating Se AdinaM. Broomc, ZLJcffVanCollins, 2L Lourdes M. Ventura La Femmes Graduating Senior Sylvia Valentin with JL Janctte Cortes Ashmali McKay and Professor T. Miller �THE OPINION 6 NEWS/FEATURES April 30, 1997 3L's honored in Albany Congratulations to Valeric Curry Bradley, the Student Graduation Speaker for the Class of 1997! Dan Killelea, Michael Beckelman, Diane LaVallee, Jessica Murphy, and Anthony DiMarco Faculty Members selected to participate at the 1997 Commencement Ceremony Faculty Speaker: Professor Kenneth Joyce Faculty Award: Professor Elizabeth Mensch 3L's Michael Beckelman, Daniel Killelea, and Jessica Murphy travelled to Albany on April 12th to receive awards in front of the New York State Bar Marshal: Professor George Hezel Association House of Delegates. The Trial Technique Team won second place in the 1997 National Trial Advocacy Competition in Region 11. Region II consists of schools from New York State, New Jersey and Pennsylvania. The team members earned a plaque for the school, individual plaques for each team member and a scholarship of $3500 awarded to UB Law. The money will be used to fund the Trial Technique Team next year. Seated to the left is 2L Jennifer DeCarli. DeCarli was featured in the Briefs section of the last Opinion for earning a NAPIL Scholarship. She will spend her summer training in Washington, D. C. and then working at the Help, Emergency and Response Shelter, Inc., in Portsmouth, VA. Editor Phot Manirth, Sami Herald: Professor Janet Lindgren Hooders: Professor Charles Carr, Professor Lucinda Finley, Professor Wade Newhouse and Professor John Henry Schlegel Attention Seniors! You may pick up New York State Bar Applications at the Admissions andRecords Office. Please see page 3 for the story on UB Law's other NAPIL Scholarship winner, 1L Melissa Brown. by photo Let the wind out ofyour \ sails! Relax before These Are The Facts... /JfSRV and final papers. The Opinion's End The Central Park Grill of the Year Party You Be The Judge at Cf»G Tuesdays Gamalon Sundays Joe Head Thursdays Willie & The Reinhardts Wednesdays The Need CENTRAL PARK GRILL 512 The Maniacs (Grateful Dead) Friday. 20 CENT WINGS $1 OFF PITCHERS BAR DRINKS AND DOMESTIC BOTTLED BEER $2 WILLIE AND THE REINHARDTS FREE ADMISSION TO LAW SCHOOL STUDENTS STARTS AT 5:00 ALL NIGHT ENTRY THURSDAY, MAY Ist V jC> Saturday. 5/3 Random Acts of Kindnes JM*|J« ■* ■#■ M W» . 5110 Pine Dogs with Gretchen Schulz Saturday. Saturday. 5117 Jamie Notarthomas ENJOY BANDS. BURGERS fc KITCHEN SERVING BUFFALO FAVORITES TIL 2AM kXt% X.'M it i Fl Iw Bet Ir J 3 !31 H• 13? • i ''4 Cl- !• T* J �THE OPINION April 30, 1997 7 May Horoscopes by Judy Nocella and Kristin Allen, Features Writers The following is utter nonsense. Anyone who takes it seriously is illpTepared for law school. Aquarius 1/20-2/18 Your wisdom astounds all your fol- lowers. Fashion tip: Girls-wear inappropriately short skirts. Guys-clip your toenails. Leo 7/23-8/22 Smile, someone has a crush onyou, keep checking that mailbox. Fashion tip: wear something "trendy". Virgo 8/23-9/22 Calm down, finals aren't for another week or so[watch Road Rules and eat ice-cream) Fashion tip: pierce your navel. . . Pisces 2/19-3/20 Don't leave your worms in the cold, they deserve better than that don't they? Fashion tip: one word Bangles! Aries 3/21-4/19 Fashiontip: Girls-News flash(ding) the home perm is out! Guys-stop wearing boots with sweatpants. Put a groovey message on your an- swering machine. Fashion tip: Girls-wear platform shoes. Guys-throw out your acid washed jeans. Taurus 4/20-5/20 You're a punk, and no one likes you! Fashion tip: wear a bag over your head. Gemini 5/21-6/20 You're fabulous this month-enjoy! Fashion tip: wear sparkles everywhere. Cancer 6/21-7/22 start with your appearance. . Scorpio . li ,'q At Vnvopuiw an(^ 10/23-11/21 Expand your mind by enrolling in an interpretive dance class and "feelthe Thythm." Fashion tip: Spandex, spandex, spandex. Sagittarius <'wpae4s our 5-J-tftlen+s' 11/22-12/21 Guys, learn tojuggle-the chicks love it. Girls, paint your nails green and look out! Fashion tip: invest in a razor and SHAVE! Canricorn Time for new beginings, time to rethink your entire outlook on life. Libra 9/23-10/22 If you haven't seen any of the rereleased Star Wars movies, you should. it will change your life. Fashion tip: Toga and Hghtsaber. 12/22-1/19 / / H. Have a/o+ Appreciate those who buy you snacks. Fashion tip: wear Gregßrady shirts. Job Search continued from page 2 5) BLANKET MAILINGS This is where you send 200 - 400 resumes to all thelaw firms in a particular area. This is kind of a "shot gun" approach, you spread your resume everywhere and hope you hit something. There are even resume mailing services that will do your mailings for you. Some of these services will even offer to write your resumes and cover letters for you. Don't be discouraged if the response to your blanket mailings is a wash out. You will get a lot of "No thanks, but we'll keep your resume on file" letters. The majority of the firms won't even reply back to acknowledge that they have received your resume. Don't take it personally, it is not a reflection on you or your abilities. It is merely a matter of timing. Remember, just because you are eager to work, does not necessarily mean they are looking for anyone. This, however, leaves you in an awkward spot should you later see a classified ad for one ofthe firms that did not acknowledge receiving your resume. If this happens, my advice is to send another resume in response to the ad and don't mention that you had previously sent an unsolicited one. Twofinal points aboutblanket mailings. First, if you do decide to use a mailing service, don't let them write your resume or cover letter for you. You have just spent the last several years in law school learning how to write better than any other professional in the country, no one can write about you better than you. Second, sending out blanket resumes can be costly. You can easily spend thousandsof dollarsheralding yourself in one major city alone, only to have your message fall on deaf ears. 6) HANG OUT YOUR OWN SHINGLE This is a real slow go. But, ifyou've got enough money socked away and enough time, you may give it a try. My advice is to keep looking for placement with an established firm. The harsh real- ity is that with the glut of attorneys out there, a great many with years of experience, why would someone use you with no experience at all? Contingent fee agreements level the playing field. Since a client does not pay a fee unless or until he or she recovers money, it costs the same amount to hire the big-time heavy hitter firms as it does to hire you. Clients that pay by the hour may be willing to give you, the less expensive ticket, a try, but many feel, you get what you pay for and the small savings they wouldrealize in going with an inexperienced attorney is just not worth the great loss they could eventually suffer. The other problem is your own liability. This is the90's, the most litigious of times and the novice practitioners had best beware of those traps for the unwary. 7) DATA BASE SERVICES This is a new breed of legal placement. This is like a reverse headhunter, where the service works for you, not the hiring firm. Youpay an annual fee(around $250), send them your resume, and they compile a data profile on you. When a law firm is looking for an attorney, it gives its specifications to the service and the service matches you to the job. The beauty of this is that the firms that would not ordinarily spend thousands of dollars on headhunter's fees, can get candidates that meet their needs without any cost to them. This makes it very attractive for the law firms. Law firms also would use this service because it eliminates the deluge of unqualified resumes that besiege them once they place an ad in the paper. Since it is to a law firm's advantage to check the service first for qualified candidates, the attorneys who have signed up with the service can often get interviews before the job openings ever reach the newspaper. This is the door to the hidden job market. Some caveats, make sure that the serviceis one that does the search for the firms instead of just allowing the firm carte blanche access to the data base. This way your confidentiality is assured. (This becomes important when you have a job, but want to know what else is out there). Make sure that the service specializes in legal jobs. You do not want t * waste your money getting dumped into a general job openings market that won't attract law firms. Make sure that the service is a true data base service and not just a company that scans your resume into a computer. The scanner type services limit the search and often qualified candidates get overlooked. Mind you, there is no guarantee that you will get a job or even an interview withthe service, butwhat it will do is put you in the right position at the right time, if and when new positions become available. Also it is a good idea to stay on as a member of a service, even after you have landed a job. That way you've always got your finger on the pulse of the legal job market. If something new comes up, the service will contact you and ask if you are interested. Remember: the best time to find a great job is when you already have one. The best part is that you never have to Mr. Kelly has lectured nationwide on suchareas as New JobSearch Techniques For The 90s. The AALEC is a data base service exclusively designed for attorneys, taw students, and paralegals. AALEC members enjoy 24 hour/ day, 365 daylyear access to the hidden legal job market nationwide. The AALEC offers its membersfull confidentiality protection, free resume updates, and data base searches to insure that their qualifications are not overlooked. AALEC also offers discounts on upcoming seminars on job search techniques and interviewing skills. For more information on joining the AALEC call toll free 1-(8S8)LAWJOBS. �THE OPINION April 30, 1997 8 Congra tutations To The Ctass 1997 Steven R. Rubin, Esq. Director Robert W. Cohen, Esq. Associate Director Erica B. Fine, Esq. Associate Director BAR REVIEW "The Nation's Largest and Most Personalized Bar Review" °1997 BAR/BRI � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Opinion, 1997-04-30 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. The Opinion no. 12 30.04.1997 Date Issued Date of formal issuance (e.g., publication) of the resource. 4/30/1997 Bibliographic Citation A bibliographic reference for the resource. Recommended practice is to include sufficient bibliographic detail to identify the resource as unambiguously as possible. 37 12 Publisher An entity responsible for making the resource available University of Buffalo State University of New York at Buffalo Law School Language A language of the resource eng Type The nature or genre of the resource Newspapers Text Is Part Of A related resource in which the described resource is physically or logically included. LIB-LAW003 Rights Information about rights held in and over the resource <a href="https://rightsstatements.org/page/CNE/1.0/">COPYRIGHT NOT EVALUATED</a>. The copyright and related rights status of this Item has not been evaluated. Please refer to the organization that has made the Item available for more information. You are free to use this Item in any way that is permitted by the copyright and related rights legislation that applies to your use. This digital collection is made available for research and educational purposes. Researchers are responsible for determining copyright status, and securing permissions for use and publication of any material. Copyright for items in this collection may be held by the creators, their heirs, or assigns. Researchers are required to obtain written permission from copyright holders and the University Archives prior to reproducing or publishing materials, including images and quotations. For inquiries about reproduction requests and permissions, please contact the <a href="http://library.buffalo.edu/archives/">University Archives</a>. If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/2c5703ef18dd64d8635c0015df586f03.pdf 8fb2e860f29ca4760065124e8c790fb2 PDF Text Text J J NEWS Moot Court Update, page 6. Bringing the J FEATURES op\ed I The Course Choice Travesty, page 4. mS■ Issues to the Students Since Dear Audrey. .., page 5. 1949 THE OPINION Volume 37, No. 11 STATE UNIVERSITY OF NEW YORK AT BUFFALO SCHOOL OF LAW April 16,1997 South Africa's Minister of Justice Visits UB Honorable Abdullah Omar speaks on Truth and Reconciliation in South Africa byRochelle Jackson, Layout Editor Westville also awarded him with an honorary Doctorate ofLaw degree. In 1960 he was admitted as an attorney and as an advocate of the Supreme Court in 1982. He serves as the Minister of "Amandla!""Amandla!" Members of the audience chanted the greeting enthusiastically as theHonorable Abdullah Omar approached the podium to address those in attendance on Friday, April 11, 1997 at 2:30 p.m. in 106 O'Brian Hall. "Amandla!" he answered in response. Translated, it means "On Struggle or "Power to thePeople." Dr. Omar, who spoke on Truth and Reconciliation in South Africa: Accounting for the Past, received his Bachelor of Arts degree and Bachelor ofLaw degree from the University of Cape Town in South Africa. The University ofDurban Honorable Abdullah Omar Justice for South Africa and has represented many apartheid victims including Nelson Mandela. Dr. Omar began his talk by defining reconciliation. "Reconciliation requires transforming of our country. It is not reconciling democracy and apartherd. It is not reconciling good and evil. Because if that were to be the case, there would be no reconciliation. Reconciliation is between the people. It can only be coupled with transformation in our country and must never be seen in isolation." To transform the justice system in our country we need to re-define it," he said. According to Dr. Omar, the Truth See Reconciliation, page 2 UB Law Holds Matrimonial Law Conference by Kristin Greeley, News Editor Divorce was the topic at hand at the recent symposium "Matrimonial Law: The Realities of Practice" held at UB Law on April 6. The symposium was sponsored by the New York Chapter of the American Academy ofMatrimonial Lawyers in cooperation withUB Law in memory of Raymond F. Pauley, Esq., a noted matrimonial lawyer. Professor Paul Ivan Birzon began the day with opening remarks. He said that the day's business would be to present a matrimonial case in microcosm, from start to finish. Dean Barry Boyer gave his opening thoughts next. The purpose of events like this, he said, is to "bridge the gap between what happens in practice and what goes on in the law school." Next, Brian Barney, Esq., spoke about the late Raymond Pauley, with whom he practiced. Barney saidPauley was a "unique individual" who was especially committedto raising thelevel of practice by participating in events such as the symposium and CLEs. The first attorney to present was Patrick C. O'Reilly. O'Reilly spoke about the intricacies of the attorneyclient relationship in a matrimonial case. He said the relationship between a matrimonial lawyer and his/her client was differentfrom other attorney-clientrela- tionship, and the most regulated. This is because the client is going through one of the worst times in his/her life, O'Reilly said. The attorney may be the only clear-thinking party. Because of this, the client is often ready to seize upon any positive information. The attorney's task is to be an advisor, and an advocate, in addition to imposing some client-control. O'Reilly also spoke of theStatement ofRights andßesponsibilities which must be given to each client. He described it as a "reverseMiranda " warnings — it is the client' srights with respect to the attorney. Brian Barney, Esq., next spoke about building a complaint. First, he addressed the topic offile organization. Barney said attorneys need to develop a method for easy access to all relevant facts and the deadlines for taking various actions with respect to each case. Next, he discussed the complaint. When pleading "cruel and inhuman treatment, he said, you must be specific about dates and times of specific incidents. To do this, the client should keep a record. Barney also said pleading that your client has been a "dutiful husband or wife" is unnecessary and often dangerous. He also said in order to avoid issues of fault at trial, the parties shouldresolve this issue in the preliminary conference. Roger Davison spoke next. His topic concerned making motions for pendente lite. These orders for temporary relief are important, because they grant the parties some relief for the duration ofthe litigation. Davison said attorneys should try to settle as many issues as possible immediately. If you reject a settlement proposal, you run the risk of a judge issuing a punitive orderthat isworse than thesettlement order which was refused. This could result in an angry client who mayfire you, Davison said. The next speaker, Joyce E. Funda, Esq., spoke about negotiation strategies. Two traits of a good matrimonial lawyer, she said are the ability to settle, and the ability and reputation of going to trial when necessary. Trial work is easier, Funda said, because negotiation and settlementrequires more personal involvement, time, client control, and goodrelations with the other attorney involved. Some techniques she suggested are: know your client and their agenda, know the goals of the other spouse, educate your client and any other relevant third parties about the laws and procedures. She also said that it is not necessary to complete all discovery before negotiating. In addition, Funda said that attorneys should not be contentious when negotiating, and should know the weaknesses of your clientand case, and not use the other party's weaknesses to your advantage. Peter Fiorella, Esq., was the next to speak. He spoke about the importance of opt-out agreements. Fiorella said attorneys must be prepared at the pretrial conference to try to settle the case. When dealing with opt-out agreements, he said, attorneys must be creative, and make the agreements exhibits. He provided the attendees with examples of opt-out agreements he has fashioned over the years. After a break for lunch, James Renda spoke about child custody issues. He first gave a brief history of custody law. Today, he said, it is important to try to lead your client toward doing what is in the best interest of the children. Otherwise, the court will decide the issue, possibly in a way that is not satisfactory to anyone involved, he said. Renda also said it is important to remember that you are not the attorney for the child. You cannot speak with them, and you should settle if possible. Barbara Ellen Handschu, Esq., also spoke about custody issues. She addressed the issue of custodial parents who wish to move away from the noncustodial parent. This issue is one ofthe hardest custody issues to deal with, she said. The "best interest ofthe child" standard leaves a lot of discretion to judges, she said. Also, overturning decisions on the "abuse of discretion" standard is rare. This "leaves you a lot of work to do," Handschu said. The toughest of these cases are those where the parents are willing to work something out, and the court will not allow them. Next, Paul Vance, Esq., discussed the discovery process. Vance said most cases do not require any unusual types of discovery. In matrimonial cases, he said, discovery involves finding the money. The financial affidavit required by Domestic Relations Law §2368 achieves most of this. The most important consideration See Law Conference, page 5 �2 NEWS THE OPINION April 16, 1997 Reconciliation continued from page 1. and Reconciliation Commission was established to investigatethe human atroci- ties that occurred in South Africa during occurred and Jo make reccommendations in an attempt to avoid any future recurrences. pte ofa na- about the comment. "How do we separate white dominationfrom whitepeople How does that work out in reality?" "I am so glad I came because this event hasreminded me ofwhy I came to law school. It was uplifting and spiritual. Amandla!," said 1L Renee ... Simmons. tion Dr. Omar said his country wanted rich i n to learn from both negative and positive cul- ture with pqfc experiences in the U.S. when questioned whether there would be a national plan in South Africa to combat the adverse Lourdez Ventura, a 2L, whorecently received an internship offer in South Africa, says his talk help to crystalize her upcoming trip. "It makes it more real to me now. I loved his comment on the Bill of Rights," said Ventura. When asked what she thought of Dr. Omar's speech 2L Denise Grey remember being struck by his comment on the Bill of Rights. "It's like someone putting a mirror to your face. Sometimes you get a clearer reflection from an outsider looking in." fil- ing i n uriry for citiLett to right: Dean Barry Boyer, Dr. Omar, .Professor Mutua ship Rights Committee. In explaining why the Amnesty Committee was created he said, "South Africa had a price to pay for its future. We agreed that amnesty shall be made available in certain cases." He further explained that the commitee requires full disclosure of crimes and an application for amnesty does not mean one is immune from prosecution. The committee has established May 10, 1997 as the deadline date for those who wish to apply for amnesty. The Human Rights Committee offers a forum for victims to tell their stories. Its objective, Dr. Omar explained, is to identify human rights violations, why they rights. "We do not deny ourselves. We do not deny our diversity. We are rich in culture. We believe that we are one nation entitled to citizenship rights... We recognize the diversity of our he said. rple," Explaining thatthe old system was one controlled by a white minority, he emphasized why it was necessary to replace it. "Those responsible for enforcing the law were responsible for breaking it in the worst way." It is his hope to replace a system based on repression with one based on human rights. He also emphasized, "Our struggle is not against white people. It is against white domination." J.D. Hill, Lourdez Ventura, and JeffVanCollins were among those who came to here Dr. Omar speak effects of apartheid. "You had a Bill of Rights which you adopted in the 18th century and yet slavery lived on for nearly 100 years side by side with the Bill ofRights. You had the Bill of Rights and segregation living side by side until the 19605." 2L SusanLaGaipa was ambivalent Hey John, signed up for another bar review course my first year of law school and put $75.00 down. Now it's time for the New York Bar Exam and my friend told me I I HAVE TO TAKE PIEPER TO PREPARE FOR THE EXAM! ! ! Is it too late to switch? At Pieper it is never too late to switch I Pieper will gladly credit up to $300.00 placed on another course and all you have to do is show us proof of payment 111 PURER NEW rOBK-MUMSTATE BABBEVIEW 1-800635-6569 Dr. Omar stressed that there is still much to be done. "Ours is not a fairy tale ending that everything has ended happily ever after. There is still a long struggle ahead." When Dr. Omar ended hisspeech, it was to a loud applause and a standing ovation. �NEWS April 16, 1997 THE OPINION 3 BRIEFS 2L Wins Napil Fellowship This summer, 2L Jennifer DeCarli willparticipate in President Clinton's Volunteers in Service to America (VISTA) Program. This honor results from her winning a fellowship the program sponsors in cooperation with the National Association of Public Interest Lawyers (NAPIL) The tough-to-win fellowship places about sixty students in community outreach programs around the country. According to DeCarli, about 450 applicants applied for this summer's program. Candidates were selected and interviewed by each individual agency. DeCarli will work at the Help, Emergency, and Response Shelter, Inc., in Portsmouth, Virginia. The Shelter is the largest shelter for domestic violence victims in Virginia. Her work this summer will concentrate on the issue of teen dating violence. In addition to researching the issue, DeCarli will also work on legislation proposals and help organize a seminar about the topic. The program offers a stipendfor ten weeks based on the VISTA rate for this summer. Before heading to Virginia, DeCarli will attend a training session in Washington, D.C. for all VISTA partici- pants. "I'm really excitied about this opportunity because I have concentrated my efforts towards the issue of domestic violence. I'm glad to get more hands-on experience in the field," DeCarli said. 1996 Bar Passage Rate Ofthe 269 UB graduates who took the examination, 170passed. Of the 210 who took the examination for the first time, 156 passed. The overall pass rate for the July 1996examination was 71%, and the pass rate forall first time applicants was 78%. The pass rate for graduates of the ABA approved law schools taking the New York bar examination for the first was 81%. Erie County BarAssociation to Honor Alumni Defense attorney Herald Price Fahringer, whose clients have included Claus Yon Bulow and Hustler magazine publisher Larry Flynt, is scheduled to be the keynote speaker at theErie County Bar Association's Annual Law Day Luncheon this May 2nd. Fahringer, a University at Buffalo Law School alumnus now living in New York City, plans to discuss"Are WeAfraid to be Free?" The Law Day Luncheon also will honor winners of the Erie County Bar Association's annual awards. Winners ofthis year's Criminal Justice awards are Assistant Attorney General Diane M. LaVallee, a U.B. Law alumna, whoformerly headedErie County District Attorney's Sexual Assault Unit (The C.A.A.R Unit)and Sharon M. Simon, assistant coordinator for the district attorney's Victim Witness Program. The Erie County Bar Association's 1997 Liberty Bell Award will go to the Kids VotingProgram, which educated students on the importance of voting. The luncheon is open to the public. Tickets are $16 an may be purchased by calling the Erie County Bar Association at 852-8687 by April 25. MARINO Essay Enhancer Buddy Lists Beware! One of the most popular features on America Online isthe Buddy List, which notifies you whenever your friends are online. NowMira bills (www.mirabilis.com), hastaken thatfunctionality to the Internet with its software called I Seek You or ICQ. Once you've downloadedthesoftware from the website and installed it, ICQ will add other ICQ users to your list at your command. ICQ will notify you that they're on line and vice versa. ICQ allows you to easily initiate real time chat, exchange files or URLs and send instant messages back and forth. JOIN THE OPINION! HEY, ALL YOU 2L's and 3L's to be!!! WE NEED PEOPLE! ALL SORTS—sanity need not be a requirement. We need columnists, news writers, photographers, cartoonists, graphic artists and general, all-around go-getters! Make your resume stand-out by showing your ability to hit a consistent deadline on a tight schedule! Contact Jessica Murphy at jvmurphy(« acsu, box 755, 645-2147 or the Opinion Office, #7 in the basement. Constitutional Right to Assisted Suicide Debated hy Kristin Greeley, iNews Editor "Arelaws prohibiting physician-assisted suicide Constitutional?" This was the topic of a debate sponsored by the Departments of Phi losophy and Political Science, the Forum for Real Debate, The GraduateColl ege ofFellows, SUN V Buffalo, the Center for Clinical Ethics and Humanities in Health Care, and Group Legal Services. Participants in the debate included Stephen Wear,Ph.D., RobertKlump, J.D., RichardHull, Ph.D., and Oren Zeve, J.D. Dr. Wear was the first to state his position in the debate. He began by saying he thought the debate needed a new title. He proposed: "Do we think the Supreme Court should be judicially active in this area?" His answer to this questionwas "No." According to Wear, these laws would be unconstitutional because they are a "usur- pation of the prerogative of the people." The only honest answer to this question is that the Supreme Court should relegate the power to make these laws to the states, since the Constitution is silent on the issue. Thus, laws made by the states would not be unconstitutional. Wear said that from his own experience with terminally ill patients and the literatuie he hasread, it isclear thatpeople don't actually want to die. They merely want a better way to die and to avoid the fears associated with dying. He also expressed the concern that this is a distraction from more important issues that should be addressed by those dealing with terminally ill patients. For example, Wear said that the issue of undermedicating terminally ill patients who are in severe pain should be discussed first. Healso said that this debate may sacrifice the integrity of the medical profession. Klump was the next to speak. He approached the issue from a legal standpoint. He began by citing the case of Compassion in Dying v. Washington. In this Ninth Circuit case, the Court said that a Washington Statute forbidding physician-assisted suicide was unconstitutional. The Ninth Circuit relied heavily on Casey v. PlannedParenthood, a case that addressed Pennsylvania abortion laws, Klump said. The Court cited language in Casey about "choices central to personal dignity" being beyond the scope of a state's legislative powers. The dissent in the case, along with other commentators, criticize the court's "absurd parallel" between abortion laws and physician-assisted suicide laws. According to Klump, this criticism is misdirected. The real criticism should be directed towards the Supreme Court for its amorphous development of the concept of the "right to privacy" beginning with Griswold v. Connecticut and continuing in a string of cases which ends with Casey. The "unrestrained rhetoric" of the Supreme Court withrespect to theright to privacy gives lower courts broad discretion in applying the concept, Klump said. Klump also spoke of the recent Second Circuit case Quill v>. Vacco, in which the court, used an equal protection rationalethat therewas no distinction between allowing a patient to remove life-saving technology and taking more proactive measures. The ramifications of this case, Klump said, is that whenever a state allows a patient to discontinue or refuse life-saving measures, they must also allow them to take positive steps to end their lives. Next, Dr. Hull and Professor Zeve argued that these laws are not constitutional. The first part of their argument addressed the l*)9QCruzan case, which gave patients the right to remove or reject treat- ments that will prolong their lives. Hull saidthat most patients need some form of physician assistances endtreatment, such as removing a feeding tube or respirator. Hullcontinued by saying thatthere is no traditional lumping of stopping and not-starting life saving treatments. Hull said that the distinction drawn between "omission" of treatment and "commission" of an act masks the fact that the differencebetween the two is not morally significant. As a result of the first two parts of theiT argument, Hull said, the Court recognized a right tosuicideinCruzan. Patients rejecting or removing treatment is physician-assisted suicide, he said. The Equal Protection Clause extends to terminally ill patients not on life-support to endtheir lives, Zeve said. The state is not allowed to treat similarly situated people differently. By makingthedistincSee Assisted Suicide page 4 �EDITORIAL THE OPINION 4 OPINION ,_ ... Volume 37, No. 11 M Founded 1949 n 4> _ ~ 1X 1on A April 16, 1997 Jessica V. Murphy Julie E. Meyer Editor-in-Chief Managing Editor STAFF Business Manager: News Editor: Features Editor: Photography Editor: Art Director: Layout Editor April 16, 1997 y Scott Bylewski Kristin Greeley Michael SantaMaria Sami Manirath David Leone Rochelle Jackson I Assistant News Editor: Kirn Fanniff SeniorEditor: StevenBachmann Dietz The Opinionis a non-profit, independent, student-owned and runpublication funded by advertising fees. The Opinion, SUNY at Buffalo Amherst Campus, 7 JohnLord O 'Brian Hall, Buffalo, New York 14260, (716) 645-2147. The Opinion is published bi-monthly throughout the Fall and Spring semesters. It is the student newspaper oftheState University ofNew York atBuffalo School ofLaw. Copyrightl996 by The Opinion, SBA. Any reproduction ofmaterials herein isstrictly prohibited without the express consent oftheEditor-in-Chief and piece writer. Submission deadlines for letters to the editor and Perspectives are 5 p.m. on the Wednesday preceding publication. Advertising deadlines are 6 p.m. on the Thursday preceding publication. Submissions may either be mailed to The Opinion, or dropped off outside ofthe Opinion office in thebasement of O'Brian Hall, Room 7. All copy mustbe typed, single-spaced, andsubmitted on paper and on acomputer disk (IBM-WordPerfect 5.1). Letters are bestwhen writtenas apart ofadialogue and must be no more than onepage. Perspectives are generally opinion articles concerning topics of interest to the lawschool community and must be no more than two pages single spaced. We reserve the right to edit any and all submissions as necessary. The Opinion will not publish unsigned submissions. We will return your disks to your campus mailbox or to a private mailbox if a selfaddressed stamped envelope is provided. The Opinion is dedicated to provide a forum for the free exchange of ideas, therefore not all the views expressed in this newspaper are necessarily thoseof the Editors or Staff of Loo m I / I v ( The Opinion. LETTERS TO THE EDITOR: EDITORIAL: An Open Letter to All UB Law Students One thing you gotta admit about cult leaders these days: they're damned organized. The recent electric Kool-Aid Nike burnout our nation is so obsessed with, out there in California, was pulled off with the efficient aplomb of a Ford assemblyman foreman on amphetamines. If you can get a collection of highly diverse, flaky, cult-oriented people to don their new sneakers, sip their vodka, and slip under the purple triangle of death, all while paying their bills and having enjoyed various field trips beforehand, you know you're on the ball. Which is why we at the Opinion propose that UB Law resurrect Herff Applewhite, pump him full of Steroids, and put him in charge of creating our semesterly course catalog. The result? A maniac who committed suicide producing a well-balanced, scholarly listing of courses, instead of a bunch of well' balanced, scholarly people producing a catalog that turns us into maniacs who want to commit suicide. People come to law school, for the most part, to learn the tools of a trade that calls for vigorous research, practical knowledge, and concentrated familiarity with their chosen aspect of the law. From this perspective, the law school is a hardware store to which the student brings a three-year gift certificate. Shopping around with a cart of limited size, students need to purchase the wall studs of Corporate Tax, the caulk gun of Evidence, and, perhaps, the hacksaw ofTrial Technique. Bearing in mind that most people shop during normal working hours, it is a mandate of practicality that all these items be cat- egorically shelved and easily accessible. Stretchingthe analogy, the hardware store that is UB Law was stocked by an autisticsavant whosespecial "RainMan"esque talent is Making a Big Mess of Things. The tools—our courses—are littered all over the floor. The paint isn't anywhere near the primer. The nails are nowhere near the screws. Which, we suppose, is okay-because when you're getting screwed, the last thing you want is a nail up your butt. Aside from the botched stock job, however, where in the heck are the supplies? Just like not very many people saunter into "Jake's Shack of Shingles" andask for the latest in gold-plated roofing, who the heck really needs a seminar on "Law and Literature?" And whileit's very good training for theinevitable time whenall UB students appear on "Oprah," is "Law and Sexuality" really so important that we can use it to plug the hole created by a lack of more practical courses? With early morning meetings and late-night lectures, thescheduling for next semester's courses is uniquely tailored to drivethe out-of-town student mad. With a lack of practical courses to make all that travel worthwhile, the selection makes you glad that you have already been made crazy. With a catalog like this, it's only a matter of time before some charismatic law student steps forward, starts taking our money, and tells us what to do. Oh, wait a minute, the Administration does that already. Welcome to UBLaw, your cult of litigious choice. Now drink out of your special Bar/Bri mug,read your legal lines, and take those courses. Dear Fellow UB Law Students: the Council amended its bylaws to meet better the law students' needs. The The New York State Bar Association (NYSBA) wants to help you make Council's mission furthers the goals of NYSBAby: the contacts and obtain the information you need throughout your legal career. With a network of nearly 60,000 members composed of attorneys, judges, legal educators, and law students, you can take one vital step in your professional development. By joining NYSBA for $10 a year, less than $1 a month, you can take that vital step. Law Student Membership Benefits Through your NYSBA membership, you can receive many benefits. Some benefits include: Publications: New York StateLaw Digest (contains statutory and case law development, and is an excellent publication to use while preparing for the bar exam),New York StateBar Journal(substantive articles on timely legal topics), State Bar News (reports on NYSBA activities), andTheßeporter (NYSBA Law Student Council Newsletter). Competitions: NYSBA annually conducts awards and competitions for law students and schools. Educational Program Discounts: Law student members receive substantial discounts on CLE courses. Substantive Law Speakers: Some sections maintain formal rosters of volunteer speakers for law school events. NYSBA Law Student Council To facilitate the exchange of information and ideas among students and to enhance student participation in NYSBA activities, NYSBA formed the Law Student Council in early 1994.In April 1997, Promoting law student membership, organizing and conducting educational, professional, and social programs. Fostering inter-school communication and collegiality, and providing a forum for the expression of law student views. Advocating on behalf of the members of the Council to define and implement policies and priorities in the area of legal education. The Council consists of two representatives from eachof New YorkState's 15 law schools a total of 30 Representatives. The SBA of UB Law School can either elect or appoint a Representative. The NYSBA Law Student Council appoints the second Representative. All ex- — ecutive and administration powers and duties ofthe Council vest in the Executive Board. The Council's Executive Board consists of a chair, three vice chairs, a secretary, ahd a NYSBA Staff Liaison. Conclusion If you have any questions concerning becoming a NYSBA Representative or about NYSBA membership, please feel free to leave a note in my box (#327) or can e-mail me at: you bylewski@acsu.buffalo.edu. I look forward to hearing from you soon. Good luck on all of your papers and finals. Scott Bylewski, 2L Chair, NYSBA Law StudentCouncil �NEWS/FEATURES April 16, 1997 ... Dear Audrey THE OPINION Law Conference cont'dfrom Special to the Opinion from Audrey Koscielniak, Assistant Dean for Career Development Dear Audrey— I need help! How do I handle interview questions that are against Title IX? I really need ajob, but I'm uncomfortable with some things I've been asked. Up The Creek Dear Up the Creek: also leave you disappointed withyourself. Answer the question, but also indicate (advise, remind) to the interviewer that it is an inappropriate question. Tact is the key here. Refuse to answer the question. This Amazing as it seems, illegal and inappropriate questions continue to show up in interviews. The questions come from all sectors, public and private. Sadder still they come from lawyers AND judges. Many legal employers share your distress about these lines of questioning. They go to great lengths to train and condition their interviewers to conduct proper and effective interviews. They usually achieve their goal. However, there are a number of interviewers who fail, are oblivious to or ignore the legalities and proprieties of interviewing. They include those who: made a mistake (know they asked a wrong question and regret it); do not hire often enough to know or invest in learning current standards; -yedo not know they have a problem (they' always asked these questions; no one has complained); are terrific lawyers; therefore assume they are terrific interviewers; see their questions as "friendly conversation" inexperienced interviewers who do not know what to ask; attorneys who do not see themselves as prejudiced and believe that your response will not influence their hiring decision); believe that if you precede an illegal question with the phrase, "I know I shouldn't ask this but...," it becomes a -- legal question. In all ofthe above cases, illegal questions potentially can result in an interviewer being sued by a candidate. WHAT'S ILLEGAL? As describedby H. Anthony Medley in his book SWEATY PALMS: THE NEGLECTED ART OF INTERVIEWING (available in theLaw Library) illegal questions are those which directly or indirectly "reveal information as to race, creed, color, national origin, sex, marital status, disability, age or arrest record." Mr. Medley thenadvises readers that an unhired candidate putting in a discrimination claim must show that "[t]he question must have been asked for the or have the purpose of discriminating effect of discriminating against you." Therefore, while not every illegal question is a valid lawsuit, every illegal and inappropriate questions can have a chilling effect on the interview. ... HANDLING THE SITUATION General Strategies Some questions may not be illegal, but they can still be offensive. Both types of questions will requiring "handling" by candidates. Identifying whereyour interviewer falls in the above listed categories may help you decide which response to take. - Answer the question. Just because the question is illegal to ask does not mean it is illegal for you to answer. This may appear the easiest way out, but can AGE 1. How old are you? Suggested Response: "I wish to be evaluated on my skills, competence and experience. My age is irrelevant." 2. What is your date of birth? Suggested Response: "I feel my age is an advantage at work in terms of the broad-based experienced it has afforded me." 3. How would you feelabout working for a person younger than you? Suggested Response: "Age does not interfere with my ability to get along with others. I am adaptable and respect supervisors who are knowledgeable and competent." NATIONALORIGIN 1. Where were you born? 2. Ofwhat country are you a citizen? Suggested Responses: "Actually, I m approach can put you out of the running. However, when done in a tactful, nonconfrontational manner this can be an opportunity to shine. If you feel strongly about the question, be true to yourself and take this route. If the employerrejects you, it is not the place you want to work. Get behind the question and provide the information the employer really wants to know. For example, a question about the number and ages of your children is not so much arefusal to hire parents, as a concern about your reliability. Assure the employer that there are no obstacles that would prevent you from meeting time commitments to the firm. File a complaint withCDO. No matter which response you take, always inform CDO about the incident, at least verbally. To make it official, put it in writing. If nothing else, it keeps the details. Many law officesappreciate knowing how their interviewers perform because it reflects back on their organizations. Your feedback is vital. Specific Strategies am American to the core, and America consists of people from many national origins. Since it has been my home for so long, I feellike a native." "I am proud that My herimy background is tage helps me to deal effectively with people of various ethnic backgrounds." . HANDICAPS 1. Do you have any handicap? 2. As a handicapped person, what help are you doing to need in order to do your work? Suggested Responses: "Any disabilities I may possess would in no way interfere with my ability to perform all aspects of this position." "Actually, I don't need help doing my work because I have been adequately trained,. What I need might be minoradaptations of the work station and a supervisor who hires me for what I can do rather than for what I cannot do." RELIGION 1. What is your religion? 2. Do you have any religious beliefs that wouldprevent youfrom working certain days of the week? Suggested Responses: "My religious preference should have no relation to my job performance." "If working on evenings or weekends is actually a part ofthe jobrequirement, I would prefer to discuss that after we know whether or not I am the person you most wish to hire for the posi- The following examples of typical illegal questions and suggestedresponses ; tlOn RACE OR COLOR is taken from a handout provided at a '. of the National Association for meeting heritage/ 1. Are you of Law Placement. Copies ofthis and other race? handouts about illegal/inappropriate ques2. Do you feel that your race/color tions are available in Rtn. 610. will be a problem in your performing the job? GENDER Suggested Responses: "I do not feel 1. (Asked of women) Do you have I should be judged on the basis of race or plans to having children/family? color." "I've had extensive experience Suggested Response: "I don't know working with people with a variety of at present. I plan on a career and believe backgrounds. A person's race, whatever it will be successful with or withoutfamit may be should not interfere with the ily." work environment." 2. (Asked ofwomen) What are your GENERICANSWER marriage plans? Suggested Response: "If you are concerned with my ability to travel or my commitment to my employer, I can assure you that I am quite aware of the job's responsibilities and personal commitment. 3. (Asked of men) How would you feel about working for a women? Suggested response: "There would no be problem. I have effectively worked with men and women while in school." 5 The Career Development Officehas informed me that I am not required to answer an illegal question and questions about are illegal. Do you have a job question for Audrey. Ifyou do, please send it in to the Opinion! Either e-mailyour question to: jvmurphy@acsu. huffalo.edu, drop a mite outside the Opinion office or call the Opinion office at 645-2147. pagel for an attorney is to be efficient with discovery, he said. Attorneys must findagreat dealofinformation without spending a lot of money. Davjd Stiller, Esq., addressed the issue of using experts in the discovery process. Experts are mostly used for valuing assets, he said. The important thing is to know when an expert is necessary and when you can do without one, he said. This is because experts are costly, and the attorney must use cost-effective discovery methods. Whenever possible, the parties should stipulate to the value of the assets, he said. Also, the parties can testify to the value ofpersonal property if necessary. Mark Hirschom, Esq. spokeabout preparing for a trial. He said that preparation is the key, as is adhering to deadlines. Hirschorn said expert witnesses must be prepared so they can explain things in a way everyone can understand. The client should also be prepared by showing them the courtroom, and reviewing the procedures, he said. "Prepare and ye shall win," Hirschorn said. The last speaker was Professor Birzon, who spoke about evidentiary issues. The job of the attorney is to ■'rescue truth from the clutches of greed." Yetthe truth is only relevantas far as you can prove. Birzon said from the beginning you are looking for facts that you can get into evidence, because you never know if youare going to settle a case or if you will have to take it to trial. Tell us your opinion! If you have an opinion on anything published in our newspaper or on any current events topic that concerns the law school community, write to The Opinion. Letters to the editor are best when written as apart of a dialogue and must not be longer than two pages doublespaced. Perspectives are generallyopinion articles concerning topics of interest to the law school community and must not be longer than four pages double-spaced. All submissions are due the Wednesday before we publish in the hotbox outside of the Opinion Office. Your submission must be typed, singlespaced, and submitted on paper and on a computer disk (IBM-WordPerfect 5.1 format). Send your submissions to The Opinion office, in the basement of O'Brian Hall, Room 7. �THE OPINION 6 NEWS/FEATURES April 16, 1997 Moot Court Update by Julie Meyer, Managing Editor This semester, the Buffalo Moot Court Board had seven teams represent UB Law in National Moot Court Competitions. 3L Tom Rhee and 3L Dan Ullman traveled to Tulane Law School in New Orleans, Louisiana to compete in the 1997 Marti Gras Sports Law Competition, held from February 5-7. 34 teams from all around the country participated in the Sports Law Competition with only 16 teams advancing to the third round. The Rhee/UUman team's brief placed in fifth out of the 34 submitted. For Rhee, "[t]he most memorable moment of the competition was watching the entourage of people, coaches and cheerleaders included, coming in with each team." 3L's Julie Vande Veldeand Denise Yates participated in a Constitutional Law competition held at the William and Mary Law School on February 19-22. At Duke Law School, on March 79,3L'sColleen Farrell and Bill Santmyer competed on the topic of Legal Ethics, finishing the competition as QuarterFinalists. Also, on March 20-23, 3L's Catherine Nugent and Dave Marshall traveled to New York Law School to participate in a Labor and Employment Law competition. Two teams this past weekend went Catholic University to participate in a competition on Constitutional Law. 3L's Mike Plochocki and Jeremy Schulman comprised the first team, representing the Petitioner, and 3L's Bari Levant and Scott Philbin made up the second team, representing the Respondent. The competition centered around the case ofReeves v. Ernest & Young, with main issues being 1) whether the use of a thermal imaging deviceconstitutes a search in violation oftheFourth Amendment of the Constitution and 2) whether the defendant participated enough in the underlying offense to be implicated underRICO. Schulman and Plochocki were semifinalists. to BUFFALO MOOT COURT BOARD NEWS On Tuesday, March 25,1997, the Buffalo Moot Court Board elected its new Executive Board for the 1997-98 school year. Congratulations to all of the Associate Board Members who have been promoted to Senior Board status. Also Congratulations to the following individuals who were elected: 1997-98 elected officers: Executive Board Next weekend, 3L's Karen Richardson and Scott Lovelock will travel to Washington, D.C. to participate in the Thurgood Marshall Memorial Moot Court Competition sponsoredby the Federal Bar Association. Their issues deal with racial harassment in a school, namely whether comments made by a Caucasian teacher to an African-American teacher are actionable under the First Amendment and whether the Caucasian teacher'scomments fromamonth prior to the litigated incident can be looped into the current case under the Continuing Violations Theory. President: Angela Zwirecki Vice President James Hanlon Treasurer: Judges Chair: Jennifer Ruppel Scott Riordan Other Elected Positions National Competitions Committee: Amy DuVall Greg Mattacolla Lourdes Ventura Public Relations Chair: Kathleen Garvey SBA Meeting Minutes BySA. Cole, Staff Writer The Student Bar Association convened for the penultimate time of this TheseAre The Facts... sf]o\. semester, on Monday, April 14, at 8:30, in room 209. Quorum was met and two votes were conducted. The first vote was a conditional allocation of $250 to the Students of Color for their end of the semester dinner, to be used as necessary. The motion carried without objection. The second vote was on a motion to order pizza for the final meeting ofthe semester. The motion passed unanimously. This meeting will a the large, and: usually lengthy, Budget Meeting, wherein various SBA-funded groups gather for their semesterly allocation of funds. 2L Nathan Van Loon was elected to be the SBA representative to Sub Board for 1 the 97-98 academic year. Van Loon is currently the president of Sub Board I. The last proposal ofthe meeting was from next year's SBATreasurer,Brenda Torres, who, in the context of disscussing SBA funds,said, "We shouldn't have to worry about money, we know the administration will carry us." To which current SBA Treasurer Bari Levant responded, "What school do you go to?" The meeting adjourned at 10:37. The SBA's final meeting, for the Budget, will be on April 28. IS$S> Make your resume pretty. Join the Opinion! We're looking for features and news writers for next semester. This is a great way to get involved and make connections in the community. Drop a note in box 755, swing by the office in O'Brian 7 or e-mail The Central Park Grill You Be The Judge Sundays Joe Head Friday. 4118 Bread Gone Wry (Alternative) V ,C CCr Tuesdays Gamalon Wednesdays The Need 4126 Emery Nash The Quizmaster Saturday. Friday. 512 The Maniacs (Grateful Dead) Thursdays Willie & The Reinhardts 513 Random Acts of Kindness Saturday. ENJOY BANDS. BURGERS & y KITCHEN SERVING y. // BUFFALO FAVORITES 'TIL CAM "^ �April 16, 1997 THE OPINION 7 Jessup Moot Court Toronto Competition ATTENTION, GRADUATING SENIORS The following people were nominated as student speakers for commencement. They have accepted the nomination and submitted a proposed address topic. The student speaker will have 5 minutes to address the graduating class during the commencement ceremony. Only one person will be selected. - Valeric Curry Bradley "Looking Beyond Stereotypes" As future attorneys, we will certainly be associated with every bad lawyer that ever walked the earth. Mrs. Bradley will briefly discuss managing damaging stereotypes; especially converting the negative into positive experiences while embracing the challenge. Michael Holland "Social Justice and the Lawyer" Craig Hurley-Leslie "Atticus Finch, Meet Dilbert: Can an Individual Humanist Lawyer Find Happiness in a Cubicle?" - What have we learned during our three years of law school to prepare us for this transition from legal study to modern legal practice and where have we learned it? Mr. Hurley-Leslie's proposal is to suggest an answer to these two intertwined questions by looking back at our three years together as both friends and colleagues, and by looking forward to our years ahead practicing law in a Dilbert kind of world. David Luzon "Completing Law School: Celebrating More Than the Degree" MjW fTll wL. William McDonald "Challenges We Face in a Changing Legal Landscape" Johanna Oreskovic Our class has witnesses the transition from the old curriculum to the new, without having fully experienced either. But because we have been a class with a foot in both worlds, perhaps we are in a unique position to recognize the relationship between the practical without which we would lack the tools to articulate a vision and engagement with larger questions the law asks, without which we would lack vision itself. - - : Leslie Platt "From Socrates to Skadden Life Beyond the Law School Experience" - Ms. Platt will focus on the idea that despite our differences, we now all share a common bond developed during our three years at law school. This experience will be something that we should and will reflect upon throughout our lives and careers. Karen Richardson "Maintaining Idealism" - Ms. Richardson's speech would discuss the importance of maintaining idealism in a profession that can be emotionally draining and is often viewed by both its own members and the general public with cynicism. Idealism may be defined as the ability to maintain over time a sense of pride and purpose in our everyday work; a sense that what we are doing is making a difference in our community. Jeremy Schulman Mr. Schulman plans to reflect upon our tenure at UB Law School through a survey of some of the serious and not so serious moments of our three years. Mr. Schulman plans to highlight some of the occurrences which have shaped our experience and some of the features which define our school and show how they have grown our personal and collective characters preparing us well for any future endeavor. - - Nadia Shahram "The Role of Lawyers in Society" How can lawyers help reduce the incidence of crime and family violence and can these goals be achieved? Cast your vote in Room 306. The winner will be posted by the mail boxes on April 21. �8 THE OPINION April 16, 1997 BAR REVIEW ATTENTION ALL LAW STUDENTS Last Table of the Semester will be on Wednesday, April 23rd gp $f9 This is your last chance to lock in your discounted tuition! Trust BAK/BRl's POWER OF EXPERIENCE to work for you |V\ m£ S g iP r wm\ OA M ntVltn UOr | preSGfnS mm BAR/BRI Tuition with p NO MONEY DOWN! Complete an enrollment card NOW Pay your $75 registration fee by July 15th to maintain your locked-in tuition. Stop by the BAR/BRI table at your law school for more information! g ■P^ Apr � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Opinion, 1997-04-16 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. The Opinion no. 11 16.04.1997 Date Issued Date of formal issuance (e.g., publication) of the resource. 4/16/1997 Bibliographic Citation A bibliographic reference for the resource. Recommended practice is to include sufficient bibliographic detail to identify the resource as unambiguously as possible. 37 11 Publisher An entity responsible for making the resource available University of Buffalo State University of New York at Buffalo Law School Language A language of the resource eng Type The nature or genre of the resource Newspapers Text Is Part Of A related resource in which the described resource is physically or logically included. LIB-LAW003 Rights Information about rights held in and over the resource <a href="https://rightsstatements.org/page/CNE/1.0/">COPYRIGHT NOT EVALUATED</a>. The copyright and related rights status of this Item has not been evaluated. Please refer to the organization that has made the Item available for more information. You are free to use this Item in any way that is permitted by the copyright and related rights legislation that applies to your use. This digital collection is made available for research and educational purposes. Researchers are responsible for determining copyright status, and securing permissions for use and publication of any material. Copyright for items in this collection may be held by the creators, their heirs, or assigns. Researchers are required to obtain written permission from copyright holders and the University Archives prior to reproducing or publishing materials, including images and quotations. For inquiries about reproduction requests and permissions, please contact the <a href="http://library.buffalo.edu/archives/">University Archives</a>. If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/b2562712c8efe81325d4f55bbe73e416.pdf 2571deac80d782caa149ecf5b4a6fe4d PDF Text Text NEWS April 2, 1997 Bringing the Issues to the 1 THE OPINION Students Since 1949 THE OPINION STATE UNIVERSITY OF NEW YORK AT BUFFALO SCHOOL OF LAW Volume 37, No. 10 ESLS Holds Sports Law Symposium by Kristin Greeley, News Editor I The role of agents in the world of ball was the topic for discussion at Entertainment and Sports Law Society's recent "Spring Symposium on Sports Law in focus would be onanswering the question of "What does a good lawyer do?" with respect to the sports world,and how is this Western New York." The symposium, held on teven laws, that those in the sports d must follow. The first panelist to speak was Bowman, who previously coached at the University of Texas at El Paso. There, he was involved with top-pick players such as »ug ■ Floutie. Bowman said that one of the most difficult things a college coach must dealwith is the rch 27 at the Center for Tomorrow, featured Buffalo Bills Defensive Coordinator NCAA rules. The rules state that student athletes may not have any contact with agents until their NCAA eligibility is completed. According to Bowman, many rules violations occur simbecause they are so strict. Wade Phillips and UBFootball Assistant Coach Max Bowman. John Burton, weekend sportscaster for WKBW- Channel 7 moderated the event. Scheduled panelist Buffalo Bills running back Derrick Joe Burton, WKBW& ESLS President, Lynn Wolfgang was unable to attend. : NCAA harbors a lot of their own reflected in Western New York. Dean Barry Boyer opened the event lems," he said. Moderator Burton began by saying saying that the Entertainment and that is his favorite He also football sport. rts Law Symposiums always have the said football is both entertainment and a most interesting speakers of any law See Symposium, page 11. ernes, Eply school event. He said that this event's business. There are rules and regulations, Jessup Fasken Team Keeps Tradition of Excellence Alive by Kristin Greeley, News Editor and Julie Meyer, Managing Editor On March 21, 1997 in Toronto, the first year Jessup Moot Court Team tied for second best record with Cornell at the Fasken Campbell Godfrey Moot Court Competition. Three rf nominated for best Fasken Director states that "[m]any of the teams who were beaten by Buffalo teams in the past are now being the past two years, Jessup Regional Teams have earned a 7-1 record in regional preliminary round 5 matches. Fasken Campbell Godfrey Team for 1997: team members were oralist. While the team may have been disappointed by not placing first in the competition, 3L Bill McDonald, semifinals and this year s team placed fifth, just missing the semifinals. During Ahren Astudillo § I Kevin Clor Chris Jacobs Cheryl Jones Rebecca Monck Brendan Reagan Nancy Saunders Kinda Serafi Molly Sleiman McDonald "..enoouragtfs] everyone who made the Jessup Board this year to try out in the fall intramural for the Reon a 1 gi Team, and I would doucoached by those bly encourpeople who Buffalo age anyone beat, so the Buffalo who didn't training method is beKathrynYerge make the ing used by the other H;:*:.:,.:.:. board to try schools as well." The I out." Every Toronto team conyear, at least one person who failed to sisted of first years Ahren Astudillo, make the Jessup Board the year before has Kevin Clor, Chris Jacobs, Cheryl Jones, made the Regional Team. The Jessup Rebecca Monck, BrendanReagan, Nancy Competition is the only world-wide comSaunders, Kinda Serafi, Molly Sleiman petition, and individuals who make the and Kathryn Verge. Regional Team can have the opportunity The Jessup Board will be a strong to compete against teams from other nacontender for the Regional Championship next year. Last year's team made the 1997 Jessup International Moot Court Board Associates: Eric Almonte Ahren Astudillo Kimberly Balthaser Marc Brown Kevin Clor Debbie Colosimo Andrew Fanizzi LeonorFeliz Ralph Gaboury Ryan Harden Rochelle Jackson Chris Jacobs Cheryl Jones Jennifer Kaiser AmyMartoche Rebecca Monck Charles Moynihan Brendan Reagan Nancy Saunders Kinda Serafi Renee Simmons Molly Sleiman Kathryn Verge April 2,1997 2L Wins Prize for Paper by Kristin Greeley, News Editor 2LCorinne Carey placed third at the SecondAnnual Convocation for Law Students held at Suffolk University School ofLaw for her paper entitled "Curtailing the Civil Liberties ofDrug Users: Federal Welfare Reform as the Most Recent Chapter in the War on Drugs." The conference was held in Boston from March 3 through March 8. The theme was "Law in a Changing Society." Carey answered Suffolk's national for call papers in November. She first presented the idea for the paper at the first national Harm Reduction Conference in Oakland, California, in September. In January, Carey submitted an abstract of her paper. A Board of Suffolk's Law Review Committee selected papers from the abstracts submitted to attend the three-day conference. During the conference, participants presented their papers in groups. They were each questioned about their papers by a panel of judges for fifteen minutes. The paper receiving first place will be published in a future Suffolk Universiy Law Review. Carey's paper discusses the Federal Welfare Reform Act of 1996, specifically the provision that allows states to test welfare receipients for drugs as a condition for receiving benefits. Currently, Governor George Pataki is proposing as a part of next year's state budget mandatory drug testing for all welfare recipients and those applying for benefits for the first time. The paper discusses the Constitu- tional and policy implications of these types of drug testing. Carey argues that these laws are unconstitutional. Carey also testified at hearings held here in Buffalo about the new welfare reforms and the proposed state budget. "I thought it was a wonderful experience. It was a great opportunity to both write and speak about a topic that interested me," Carey said. For more ESLS pictures, please see page 11. �2 EDITORIAL THE OPINION THE OPINION Founded 1949 w i 1-7 XT 37, Volume No. ,n 10 #| I Tell us your opinion! I . .. _ April 2, IfW7 1997 April 2, 1997 If you have an opinion on anything published in our newspaper or on any current events topic that concerns the law school community, write to The Opinion. Letters to the editor ait best when written as a part of a dialogue and must not be longer than two pages double-spaced. Perspectives are generally opinion articles concerning topics ofinterest to the law school community and must not be longer than four pages double-spaced. "-,.',u .; .;•<:,-h Mi >i.;.h,i5,;,*i.,,-i< Ji. r./:,;. ~,;,',,•.;„..,, m.;. ofthe Opinion Office. Your submission must be typed, single-spaced, and submitted on paper and on a computer disk (IBM-WordPerfect 5.1 format). Send your submissions to The Opinion office, in the basement of O'Brian Hall. Room 7 . t, Jessica V. Murphy Julie E. Meyer Editor-in-Chief Managing Editor STAFF Business Manager: News Editor: Features Editor: Photography Editor: Art Director: Layout Editor SDFSDFSDFSD Scott Bylewski Kristin Greeley Michael SantaMaria Sami Manirath David Leone Rochelle Jackson Assistant News Editor: Kirn Fanniff Senior Editor: Steven Bachmann Dietz The Opinionisa non-profit, independent, student-owned and run publication funded by advertising fees. The Opinion, SUNY at Buffalo Amherst Campus, 7 JohnLord O'Brian Hall, Buffalo, New York 14260, (716) 645-2147. The Opinion is published bi-monthly throughout theFall and Spring semesters. It is the student newspaper ofthe State University of NewYork at Buffalo School ofLaw. Copyright 1996 by TheOpinion, SBA. Any reproduction ofmaterials herein is strictlyprohibited without theexpress consent ofthe Editor-in-Chief and piece writer. Submission deadlines for letters to the editor and Perspectives are 5 p.m. on the Wednesday preceding publication. Advertising deadlines are 6 p.m. on the Thursday preceding publication. Submissions may either be mailed to The Opinion, or dropped off outside ofthe Opinion office in thebasement ofO'Brian Hall, Room 7. All copy must be typed, single-spaced, and submitted on paper and on acomputer disk (IBM-WordPerfect 5.1). Letters are best when writtenas a part ofa dialogue and mustbe no more thanone page. Perspectives are generally opinion articles concerning topics of interest to the law school community and must be no more than two pages single spaced. We reserve the right to edit any and all submissions as necessary. The Opinion will not publish unsigned submissions. We will return your disks to your campus mailbox or to a private mailbox if a selfaddressedstamped envelope is provided. The Opinion is dedicated to provide a forum for the free exchangeof ideas, therefore not all the views expressed in this newspaper are necessarily those of the Editors or Staff of The Opinion. EDITORIAL: Just a few short weeks ago, science broke-through with a cloned sheep. She's named Dolly in honor of Dolly Parton because this ewe was cloned from mammary cells. The entire cloning process is long and very persnickety. (And you wonder what research scientists DO for fun?) With the advent of Dolly, science opened a doorthat won't shut easily or quietly. Especially since the technology to clone humans cannot be far behind the miracle of Dolly. So, what does this mean? President Clinton refuses to fund research until the ethical difficulties associated with cloning are ironed out or at least discussed. But, why do we have to start now? Science has been able to clone organisms, albeit tadpoles, since 1952. But, no one wanted to deal with the issue then. So, par usual, the previous generation foisted yet one more little technological surprise upon us. Sorta reminds you social security, huh? However, there are serious ramifications we now face thanks to the mixed blessing ofcloning. Aside from the major Godcomplex that most doctorsalready have being grossly intensified, what would the possibility of cloning REALLY mean? It could mean the creation of new vital bodily organs for people who desperately need them. It could mean growing a new leg for a person who's leg was cut off, or growing new skin for a burn victim. In a sense, cloning couldbe our entrance into the exclusive spontaneous regeneration club. Cloning could offer all ofthese medical miracles, but to what social, fiscal, physical and ethical costs? In all respects, the bill is going to be huge and the previous generations were unwilling to foot it. Should we? Would the privilege of cloned body parts go to the person with the most scoots? Would there be a black market for cloned body parts? Would there be a rise in crime? What about plastic surgery? What about tort violations? Would a person who suffers damage to a cloned body part be able to recover as much money because the part isn't original to their body? What about product liability questions? The more an original is copied, the lower the quality of the copy. Will there be recovery for someone who gets a cloned copy of their leg, and it isn't as good as the original? Or, would the principle of unrealistic expectation apply? Remember the hairy hand case from contracts class? "Umm, Doc? I wanted a foot with five t0e5...1 know that you told me the extra three would be on the house...but I'm not so sure I really want to make that bold a fashion statement right now." What about intellectual property issues? Who do you pay for what? Will separate companies develop the technology for different "parts"? Parts is parts, right? The possible problems and solutions are endless. As this technology inevitably advances, the more the questions and their lack of answers will become apparent. This could be great for law, because it will create more business. We can't eat unless someone out there is fighting about something. But, this issue-while there are interesting questions of application for lawyers—is not relegated to legal ethics. The real question truly focuses on the scientific and civil rights boundaries to be drawn as of now. If we can clone parts of something, and we know we can clone an entire sheep, then we can clone entire humans. Their legal rights would have to be settled too. In a nation where equal rights can be looked upon as more of a sardonic comedy than a reality, how are we to achieve equal rights for a clone when we can't agree on equal rights for ourselves? LETTERS TO THE EDITOR: To All Members of the Campus Community: Students typically encounter a great deal of stress (academic, living arrangement, family, work, financial) during the course of an academic year. For some, the pressures become overwhelmingand feel unmanageable. The purpose of this letter is to help you identify both the less obvious and the more dramatic signs of emotional distress and to suggest how you might be of assistance to students. Among the signs of more serious distress are: Actual self-harming (cutting; taking an overdose of a medication, drug, or toxic chemical). Attempting to harm oneself (climbing out onto a window ledge or the roof). Talking to others about killing oneself. Leaving a suicide note. Aggressiveness in dealing with the environment (slamming doors violently, using one's fist to break a window or hit walls, throwing and/or breaking of furniture). Aggressiveness toward others (screaming, threatening, insulting, actual physical attack). These signs ofserious distressshould be reported to Public Safety (ext. 2222) without delay in order to ensure the individual's safety. If the studentresides in the residence halls, his/her Hall Director or the Office of Residence Life (645-2171) also should be notified. Some less obvious behaviors that may function as signals that a student may be feeling more anxious or depressed than usual are the patterns of coping described below. Social participation (person either becomes significantly more dependent on your timeand attention or withdraws from usual participation and becomes relatively socially isolated). Appearance(a usually neat person becomes careless in terms ofhygiene and/or dress). Class attendance (person either becomes significantly inconsistent or stops attending classes). Energy (unusual fatigue or inexplicable bursts of activity which may or may not be productive). Mood(unusually irritable, restless, sad). Alcohol/substance use (occasional drinker/user engages in the activity with significantly greater frequency and/or the amount consumed per usage increases significantly). Extreme weight loss/gain. You can be of assistance by encouraging the person to contact one of the following services: Counseling Center, 120 Richmond Quadrangle, Ellicott Complex (645-2720). To schedule an appointment, phone or walk-in weekdays 8:30 AM to 5 PM. Services are free, voluntary, and confidential. Crisis Services, Inc. (834-3131) An off-campus, daily, 24-hourTelephone Hotline; if necessary and appropriate, Crisis Services' Emergency-Outreach Unitcan come to campus for evaluation of risk to self or others. The Office of Academic Advisement Academic deans and other offices provide assistance for academically related problems. Their names and numbers can be found in the University Directory. If you have any questions or concerns about someone, call the Counseling Center (645-2720) and consult with the counselor-on-duty. Remember: It is better to obtain assurance that a perceived problem is not serious than not to call at all. Yours truly, the Staff of the Counseling Center �April 2, 1997 THE OPINION NEWS/FEATURES Bradley to Participate in Environmental Law Symposium NYSBA Announces New Award for Students by Kirn Fanniff, Assistant News Editor Former New Jersey Senator William Bradley will be among the participants in an environmental law symposium to be held Friday, May 9, at the Center for Tomorrow. The event is the third in a series of events sponsored by the Environmental Law Coloquium. Topics to be addressed at the symposium include the role of public utilities in a competitive market, the future of utilities in a deregulated environment and the impact of deregulation on a utility's ability to handle facility-related environmental issues. JohnB. Scheffer 11,UB interim Vice President for Public Service and Urban Affairs, will make opening remarks during breakfast, which will begin at 8 a.m. Bradley, who served as a member of the Senate Energy and National Resources Committee, is expected to speak at 3:30 p.m. on the need for a national energy policy. A panel discussion on structuring a national energy policy and its impact on geopolitics will begin at 4:15 p.m. Among other scheduled speakers and their topics will be: John Roberts, senior analyst for the New York State Department of Public Service, federal nuclear waste program development andtherole ofnuclear power in a competitive market; Carl Peckman, supervisor ofenergy and environmental economics, New York State Department ofPublic Service, New York electricrestructuring and treatment of nuclear power; Chris Flavin, Senior Vice President andDirector of Research for Worldwatch Institute, alternative energy sources; Joseph Vasalli, program manager, environmental research, New York State Research and Development Authority, ozone transport research and fossil fuel and environmental air quality; David Wolley, executive directorand professor of law, Center for Environmental legal Studies, Pace University Law School, renewable portfolio standardsand other regulatory mechanisms to promote renewable energy resources. Registration fee is $50; the deadline is April 9. Contact Sharon Eyklund at 645-7342 for more information. The New York State Bar Association (N YSBA)has cTeated aLaw Student Bar Association Achievement Award to recognize law students who actively participate in bar association activities. "We wanted to stimulate law students to become active in the work ofthe organized bar and makea contribution to the legal profession andthe public," said Ellen Lieberman of New York, chair of the Committee on Legal Education and Admission to the Bar. "We also want to encourage them to continue bar association activities throughout their profes, sional lives. * The award will honor those students graduating from any of the participating New Yorklaw schools who have made a positive contribution through activities with the NYSBA, American Bar Association, or a local minority, ethnic, specialty, or women's bar association. __ Student activities must embrace and objectives of the legal goals the profession in addition to being of service to the public or the legal profession. The committee is looking for students who promote the principles and standards of the New York State Bar Association. Students from New York's 15 law schools are eligible to participate. The first NYSBA Law Students Bar Association Achievement Awards will be given at each school *s 1997 spring commencement, or at an official graduation-related awards ceremony. Nominations should be submitted by April 1,1997, on an application form or by letter, to the Committee on Legal Education and Admission to the Bar, New York State Bar Association, One Elk Street, Albany, NY 12207. If you have any questions or wish to receive an application form please call (518) 487-5681 or fax (518) 487-5694. "I'm not a vegetarian because I love animals, I'm a vegetarian because I hate plants." A# Whitney Brown NCVir YORK Students Pass theBarExam with PIEPER With 23 testable subjects in addition to the multistate exam, why risk your future on someone who is not an expert on the New York Bar ExamP JOHN PIEPER is theEXPERT onpreparing candidatesforthe MEW YORKandMultistateRarExams'! EXPERIENCE THEEXPERT 1-800-635-6569 3 �4 THE OPINION NEWS/FEATURES April 2, 1997 BRIEFS UBLaw School to Sponsor Matrimonial Law Conference A symposium entitled "Matrimonial Law : The Realities of Practice" will be held in O' Brian Hall on Saturday, April 6. The symposium is geared to- Buffalo. There is no fee to attend, but seating is limited and will be available on a first- come basis. Students wishing to register may be so outside of Room 514 or 614. Dillion to Speak at D.W.I. Conference wards recent graduates and current students. The program is sponsored by the New York Chapter ofthe American Academy ofMatrimonial Lawyers in cooperation withUBLaw in memory of Raymond F. Pauley, a nationally recognized matrimonial law practitioner. Registration will begin at 8:30 a.m. and the event wil conclude with a ques- tion-and-answer segment at 4:30 p.m. Opening remarks will be given by Dean Barry Boyer and Rochester attorney Brian Barney. Topics and presenters will be: * "Attorney-Client Relationship in Matrimonial Matters," Patrick C. O'Reilly, Buffalo; * "Preliminary Matters," Bran Barney,Rochester, and Roger T. Davison, Buffalo; * "Negotiating Agreements," Joyce E. Funda and Peter J. Fiorella, Jr., Buffalo; * "Custody Issues," JamesP. Renda and Barbara Ellen Handschu, Buffalo; * "Discovery and Valuationof Marital Assets," Nelson F. Zakia and David G. Stiller, Buffalo; * "Matrimonial Trial Practice," Mark G. Hirschorn and Paul IvanBirzon, State Supreme Court Judge Hon. Kevin Dillon will deliver the keynote address at a conference on the legal aspects of driving while intoxicated at UB Law School on April 12. The conference, which is sponsored by the Criminal Law Society and Group Legal Services, will be held in the Mott Courtroom from 9 a.m. to 5 p.m. Also scheduled to speak are R. Gil Kerlikowske, Buffalo Police commissioner, and Michael Taheri, seniorpartner ofthe Williamsville firm Condon& Taheri. A judicial panel including Hon. Barbara Howe, State Supreme Court, Eighth District, will also be featured. The conference is free to all law students, $25 forall others. Call Group Legal Services at 645-3036 for registration and information. SBA to conduct Fee Referendum On April 2ndand 3rd 1997, the SBA will conduct a student activity fee referendum. Every four years, the State University of New York's Board of Trustees requires that every student government conduct this referendum. The budget that SBA allocates every year lo the student organizations comes solely from these fees. Additionally, the student activity feefunds SBA's accounting contract with Sub-Board I as well as the current contract with Alumni Arena. Also, on April 2nd and 3rd, law students may vote to elect the new SBA executive board. If you have any questions regarding this referendum or would like to see a copy of the Board of Trustees' Policy for the referendum, you may contact the SBA at 645-2748. Fantasy Golf If you're a bigger fan of Tiger Wood's than of Albert Belle's, you may wonder how to find a corrective to all the fantasy baseball games on-line. TourGolf.com(www.tourgolf.com) has the answer. It has divided 100 touring pros into 10 groups; you select one player from each group for your team. You get points on a sliding scale for each of your players that place in the top 24 at a PGA event. You can also round up 20 or more fellow cubicle zombies to simultaneously enter the Corporate Challenge, ranking you against others in your company. Game day just got a little more exciting. UB Library is Zippy On February 20, the University Libraries Interlibrary Loan Department received a rush request from the Executive Office of the President of the United States. The request was for an article from a German criminal statisticsjournal held by only seven libraries in the U.S. The Executive Office of the President came to UB for fast document delivery service. Delores Salter, in charge of Interlibrary Loan requests that come to UB from other libraries and organizations, immediately located the article in the Lockwood Collections and faxed it to the White House within 20 minutes. Judith Adams, director of Lockwood Library, notes that the White House is not the only realm of the powerful that the Interlibrary Loan Department has assisted so far in 1997. In January, the department received two "rush" requests for books from Gov. Pataki's office. The governor needed to have the books in Albany on the following morning at 9 a.m. Despitereceiving one ofthe requests after 4 p.m., the Interlibrary Loan staff located the books, and arranged with overnight delivery services to get the books to the governor in time for a morning meeting the next day. Who could ask for anything more? The SUNY chancellor has also relied on the InterlibraryLoan services for articles in the past month. UB has, perhaps, a national reputation for FAST document delivery service, and collections which are the envy of the highest realms of influence. briefs include The Reporter, Various Press Releases and Newsweek Sources for University Council Position Open by Nathan Van Loon, Special to the Opinion Nathan Van Loon is the only law student running for University Council. University Council is comprised of ten people, nine selected by Governor Pataki, and one elected student. The Council has oversight over almost every aspect of the University, including ÜB's budget, enrollment, curriculum requirements and any increase in UB based fees, like the proposed $200 per year implementation of an Athletic Fee on Law students. It is very important that when issues concerning the Law School are presented in the Council that the Law students have one of their own with a seat at the table to advocate for what we want. As a second year law student, a 2L SBA representative, Chairperson of the Criminal Law Society and president of Sub-Board One Inc., Van Loon has the background and experience to represent not only the Law School, but also all students ofthe University. HODGSON RUSS ANDREWS WOODS & GOODYEARIIp ATTORNEYS AT LAW To The Class Of 1999: You are cordially invited to a reception hosted by Hodgson, Russ, Andrews, Woods & Goodyear, llp of Buffalo, New York. Date: Time: Place: /One Federal Courts Book\ /Supplement and notebook. Tnfe semester is almost over, and I really I need this material for my exam. PLEASE RETURN THEM!!!!/ Drop me a note in box 755, call me at Nj4s-2147 or e-mail me ar \ Wednesday, April 9, 1997 4:30 - 6:30 p.m. University Inn & Conference Center 2401 N. Forest Rd., Amherst Please join us for cocktails and hors d'oeuvres and meet with attorneys from a variety ofpractice areas. R.S.V.P. c/o Career Development Office room 609 by Friday, April 4. If you have any questions, please call lane McAvoy at 848-1612 BUFFALO • ROCHESTER • ALBANY • NEW YORK • BOCA RATON • TORONTO �NEWS/FEATURES April 2, 1997 5 THE OPINION . WITH BUTTER EXTRA Write for the by J<ri)vskn«4£ijpn and Scott Frycek, features Writers Opinion^ SeeWnJl Private Parts Rating Legend: 4 gavels- A Must Sec! 3 gavels- Why Not? 2 gavels-Nah! 1 gaivd-No Way! Hers All of our dedicated readers who have been keeping track ofthe ratings of our previously viewed movies (yeah both of you), may realize that, until now, neither of us have bestowed the great honor of 4 gavels on any movie. Therefore, it may seem curious to many of you why my co-reviewer, Scott, gave 4 gavels to Howard Stern's "Private Parts." He may even try to explain to you that the reason he liked the movie so much is because it truly demonstrated the "other side" of Stern. However, I contend that his high rating of the film is for one reason, and one reason 0n1y... NAKED WOMEN!! The movie essentially traces Stern's life from the age of 6 years old to the present. Among the aspects of his life that are highlighted in the film are Stern's battle with NBC, his relationship with his wife and his extremely outrageous radio act. The movie at times is interesting, even funny. I would have even accepted the complete female nudity if we were able to see more than just Howard's butt, during the film. Hey, I believe in equal protection, don't you? Further, I think that if Stern's true motivation behind the creation of "Private Parts" was to show the "other side" of himself, so much of the movie should not have focused on his radio show antics. My advice: guys, you'll love this movie, so check it out. Girls, if you don't get offended by the "light-hearted" degradation of women, give it a try. Rating: 2 1/2 gavels His Although my colleague will tell you otherwise, "Private Parts" is finally a movie worth reviewing. You see, she thinks there is excessive nudity and bad language in the film. What she fails to realize is that excessive and poor taste is what Howard Stern is all about. It is the reason why we keep listening to the shock jock. It is also why the DJ has become the selfproclaimed "King of all Media." "Private Parts" is raunchy, funny, and quite revealing. For audience members, it really shows a different side to Stern. The Howard Stern who tried to make it in radio is likable, humble and real. The film is quite successful in portraying thevarious pitfalls and shortcomings that Howard had to transcend to be who he is. Like, the man himself, the movie is not afraid to take risks and shock itsaudience. From the woman who literally got off on Stern's voice, to the naughty "fill in the blank" game, movie goers are in for an eye-opening experience. While it may frighten certain viewers, those of us who are comfortable with a little offbeat humor will appreciate the fresh quality of "Private Parts. " Finally there is a film that teaches us that its okay to push the envelope and speak our minds. In the end, some of you will be put off by "Private Parts. " And that's all right. I'm sure there are plenty of good cartoons at your local video store. For all you risk takers out there, however, go see this movie twice. Once for your own enjoyment, and another time to protest the travesty that is in the "Hers" column. Rating: 4 gavels columnists! |)hoto^ni|>lffls in the bjxwtside of 7VRrian HalKr call /64^2147. Meetings are every Monday at 1:15 p.m. • FREE admission to all Law Student Council programs • FREE admission to NYSBA'sAnnual Meeting • FOUR Publications: |The Council Reporter The State Bar News The NewYork State Bar Journal New York Law Digest • Discounts on most of TWENTY specialty interest sections • Awards & competitions for legal writing advocacy and research • Discounts on continuing legal education and practical skills seminars • Choice of insurance plans • Skill & management advice from the Law Office Economics & Management Dept. • Guidance on pro bono opportunities • Professional and personal money-saving discounts To reach success by phone call 518.487.5577 TO REACH SUCCESS BY MAIL SEND THE COUPON Ten dollars. That's all it costs to be part of one of the best networking resources you'll ever have now and throughout your legal career — the New York State Bar Association. Ten dollars to be in the same association with some of the most powerful forces in the legal profession. . Ten dollars to be in on the Law Student Council's professional and social programs, and to run with your peers who are on the fast track to becoming the stars of tomorrow. ' J oin now and y°u can make more contacts in less time for less money than many other sources available to you. NYSBA's membership has always included the leading lights of the legal profession, and 1997 is no exception. F» I * I ■ Membership Department New York State Bar Association One Elk Street, Albany, NY 12207 NAME H STREET CITY ZIP STATE LAW SCHOOL GRADUATION DATE DATE OF BIRTH PHONE NUMBER bum ■ w \brk State Bar Association nysba | �6 NEWS THE OPINION April 2, 1997 1997 Candidate Statements for SBA E-Board Elections SBA President JenniferKaiser Wouldn't it be nice if the function and mechanics of the Student Bar Association were more readily apparent to all law students, not just to those already on the SBA e-board? My goal as President is to make the SBAaccessible and constructive for everyone at UB Law. As an outsider I could provide an objective assessment ofthe SBA's strengths and shortcomings. The SBA is a powerful communications tool for students in addressing many school issues. As I see it, it is the responsibility of the President to identify the aspects of our law school experience that need attention and ensure, with the assistance of the SBA e-board, that these problems are resolved and vigilantlymoni- tored. As a liaison to administration and faculty it is crucial for the President to be mature and have excellent communication skills. I have demonstrated my verbal skillsby gainingmembership onthe Jessup Moot Court Board. And, at twenty-nine years old, I feel that I possess the maturity and reliability after having spent several years working as a Marketing Consultant and as an advocate for persons with disabilities for the Human Services Department of the City of Cambridge (MA). Furthermore, my job security as a Disabilities Advocate hinged on my ability to successfully write and present arguments on behalf of clients. Additionally, my appointment as student representative of UB Law's Special Needs Committee has given me a valuable introduction to serving as a liaison in the law school. I have enjoyed the challenge of defending issues and proposing new ideas to the administration. My work and extracurricular experiences have instilled in me a strong sense of fairness for all, especially those who need it most. Many law students aren't aware that the ABA sponsors its ownnational scholarships, fellowships, moot court competitions and writingcompetitions. It is up to the SBA, as an ABA representative, to inform you ofthe activities and deadlines. I would like to gather and supply this information on an on-going basis as an opportunity for you to enhance the quality of your legal education and of your job prospects. In conclusion I hope that I have convinced you of my qualifications for Presi- dent ofSBA. The SBA is afine and useful organization and it exists for you. I urge you to vote for thecandidate you will feel most comfortable approaching and who you believe will best serve your needs. Thank you for your consideration. Bahaati Pitt My name isBahaati Pittand I would like to be your Student Bar Association President. Some may know me from my efforts to bring a yearbook to our law school, although I think I am best remembered for "teaching" our first year Civil Procedure class with former classmate Shantelle Huges in the abscence of our teacher. This fall I will be returning as a third year student. I have been a Second Year Class Director this past year and have positively enjoyed it. Being part of thesystem makes Joseph Reynolds you appreciate the hardwork, dedication and perseverance that goes into theSBA. I do believe that I am an individual that personifies these characteristics and would like to work for you. The SBA is a vital part of our school. We represent the voice ofthe students. It is only through our collective voice that our concerns are heard. However, in past years our voice has not been there to be heard. The SBA was a only a figurehead. In this past year Prudence Fung and her staffhave helped give theSBA life. They have worked very hard to establish an amicable relationship with the administration. I would like to furhter this process and receive more input from the students. Although SBA meetings are open to all, few or none show up. I want to restore student faith and participation in the SBA so we can stand unified and truly be the voice of the school. Vice President Nicole Graci Hello. My name is Nicole Graci and I would like very much to serve the student body as Vice President of the Student Bar Association. I feel that I am qualified for one very important reason, 1 am not afraid to speak up. A firm believer in several old adages, such as there are no stupid questions, it never hurts to ask, you never know until you try, and the worst they can say is no, I think that the law students need someone like me to represent their interests. As a 1Lrepresentative during my first year, I voiced the interests of the first year class in various matters from the price of Barrister's Ball tickets to the cleanliness of the computer lab. Furthermore, as a member of the Facilities Committee, I helped to begin the process of obtaining a suitable student lounge for all law students, a project I hope to continue as Vice President. With a year of experience in SBA under my belt, I feel that I am qualified to take on the larger responsibility of representing the entire student body. If elected Vice President of SBA, my main goal is to continue and expand upon thework begun by thepresent SBA Executive Board in fostering a more open relationship between law schoolstudents and faculty. I believe that if UBLaw is to achieve the nationally recognized status that is so important to the students' futures, communication of students' wants and opinions to the faculty and administration is integral. A continuation ofStudent-Faculty Happy Hours is one forum in which to promote communication. In addition, I would like to see studentfaculty panels regarding relevant issues as well as a more active role of studentfaculty committees. As a member of the SBA Executive Board, 1 will be in a position to work fervently towards these goals as well as others. I feel that my experience as a 1L representative, willingness to speak up as a voice of the student body, and commitment to improving UBLaw School make me a qualified candidate for Vice President of the Student Bar Association. I hope that on the April election days you agree. For those ofyou who do not know me yet, my name is Joe Reynolds and I am running for the office ofVice-President of her of the Executive Committee and an active and contributing voice in the Student Bar Association for another term. the Student Bar Association. I am cur- rently a Second-Year Director in the SBA so I feel that I have a strong grasp on what the SBA does and for whatthe person who is Vice-President is responsible. I know that many people believe that ourlaw school needs a lot ofworkand I am always open to any and all suggestions on what can be done to improve the school. What I would like to see in the upcoming year is a continuation of many of the things that SBA started to do thisyear. In particular, I would like to see more Faculty-Student Happy Hours similar to the one we had at the beginning ofthis semester. Not only do events like these give us the opportunity to meet each other away from the books and class, but these events also allow us to interact with the faculty people, not just as professors. I know that other law schools have events such as these, and they really do work to improve the whole "law school" experience by building a sense of community among all the people at Law School, not just the students. I would also like to continue the good relations that the SBA has fostered with the administration. Having someone with prior SBA experience can only serve to keep this high level of interaction a definite possibility so that we can work together right from the start to make our experience at UB no more painful that it has to be. Please remember to come out and vote on April 2nd and 3rd for all the elections going on (not just for the SBA elections). Thanks and goodluck withthe rest of the year (it's almost over). Parliamentarian Tonya Guzman This past year I've been fortunate to be a member of the Studentßar Association in the capacity of 1LClass Representative. Many of my fellow classmates have expressed various concernsregarding student life and each issue brought to my attention, hasbeen addressed within the SBA forum. As a member of the Barristers Ball committee and Co-Chair of Community Service for the Student Bar Association, I had the opportunity to take charge and contribute to our community. As a result of this involvement, the community service committee raised moneys that go toward our Adopt A School Program. Being an active member of SBA I was able to observe and become familiarwith parliamentary procedure, decorum and minute notation required by the Parliamentarian. I would like to continue the admirable job done in the past by those in this position, my only change would be to type all my notes on personal computer. The position of Parliamentarian requires an even-tempered and organized individual with a strong presence and voice to keep abreast of all issuesbrought fourth and to keep the meetings on track. I am qualified and eagerly await the opportunity to tackle the Parliamentarian position and lookforwardto being a mem- Tracy Weir My name is Tracy Weir and I am a first-year law student. I recently graduatedfrom Williams College in Massachusetts, with a bachelor of arts degree in psychology. I have spent most of my life in Pleasant Valley, a small town outside of the city of Poughkeepsie, New York. Presently, I am running for Parliamentarian of the Student Bar Association. Although I am not presently on the SBA board, I do have experience in positions such as that of Parliamentarian, whose main duty is to take notes at each meeting. The majority of my employment experience has been of a clerical nature; I have been a receptionist, a secretary, and a record clerk. People have told me that I am easy to get along with and I am a hard worker who follows instructions well. I pay attention to details, have excellent organizational skills, and can handle many jobs at once. I am also extremely reliable and responsible, and enjoy helping people. As an undergraduate student, I was involved in many different groups and organizations. I held the position of Secretary of the Gospel Choir in college. I was also the Sports Editor of the college's yearbook. The duties of these two positions were very similar to those of Parliamentarian. Therefore, I know what is expected of me and how hard I will have to work. I am ready to dedicate a lot of time and energy to the Student Bar Association. During my first year here, I have been a member of the Black Student Law Association. I will continue to beactive in that group next year, but I will be able to appropriate a large part of my time to the position of Parliamentarian of the Student Bar Association. I am running for Parliamentarianfor a number of reasons. Primarily, I want to beable to assist in making the law school better for everyone. I want to help in making changes here. By being on the SBA board, I will make sure that any sort of suggestions or ideas that I or any other student might have will be seriously considered. I hope to be involved in the everyday functionof theStudent Bar As- sociation. I have enjoyed my first year here at thelaw school. Now I wantto be an active participant in the things that go on at the law school. The position ofParliamentarian should be a good introduction for me to the SBA board. Then, there would be the increased possibility of me running for a higher position next year. Also, in this position, I will be able to do something that I really enjoy. 1 like being part of the backbone of groups and organizations. This position is one that is definitely necessary in order for the Student Bar Association to function smoothly and effectively. I believe that this is the type of position that I can fill well, because I am a very dependable person. If given the chance, I will show the law students here how good a jobI can do. I am committed to this school, its stu- dents, and the Student Bar Association. Thank you for considering me for the position of Parliamentarian. | �7 THE OPINION FEATURES April 2, 1997 Attention, Class of 1997 Graduates-to-be! Senior Week ffciiviiies Tickets are sale! Tickets may be purchased individually for each event, or a package may be purchased. Events: Wedresday, ffiay 14th: Bisons Baseball game and picnic Thursday, Slay 15th: Dinner and Dancing at the Calumet Cafe Friday, ffiay 16th: Senior Picnic at Dean Boyers Ijouse Reception at the Delaware Casino (limit of 400 people) Friends and Family are welcome! Tickets are on sale until until ffpril 11th! Cash and Checks are the accepted forms of payment. Please endorse checks _ to QLB. Foundation. -^ Box: Name: A full ticket package costs $40 for students and $45 for non-students. A separate package for children under 12 costs $10. Sign me up for a full package! #°f non-student tickets; #of student tickets* #of child tickets Sign me up for the following events! Bison's Game & Picnic: $12 per adult & $7 for children under 12. # of adults # of children *°f adults Calumet Cafe Dinner and Dancing; $20 per person Picnic at Dean Boyers' House; $ 7 per adult and $5 per child under 12 # of adults Delaware Casino Reception; # of children $14 per adult #of adult tickets To order tickets through this ad, please mark off the numbers of packages/ tickets you wish to purchase, drop off the order form along with your payment in Room 306. Tickets will be dropped off at your box by 4/25/97. �8 NEWS THE OPINION April 2, 1997 First Open House In A Series of 2 held by Kirn Fanniff,. Assistant News Editor Open House offers a chance for prospective students to check out what UB has to offer as a law school. The first of the Open Houses this semester was on Saturday March 29. The second will be on April 26. Marie of the Admissions office said there are currently 45 students registered for the first open house. The office expects approximately 60 students and their guests to attend. Four different panels will present information to theapplicants. Dean Boyer will be speaking on the new curriculum, highlighted in pamphlets describing the changes in detail. The Administration Panel consisting of Scan Shannon, Karen Waltz, and Marcia Zubrow will be covering a w:de variety of information. Shannon will speak about public practice and the Career Development Office. Waltz will inform students ofthe duties of the Office ofRecords and Registration. Zubrow will speak about the library. The faculty panel, consisting of Elizabeth Mensch and Cheryl Nichols, will give applicants an idea of what to expect in their first year ofcourses. They willalso outlinethe research and writing program. A new panel that has been added this year is the alumni panel. AmyHabib ('95) and Erin Peradotto ('B4) will be speaking to students about the preparation UB provided them with and how they got to where they are in theircareers now. The student panel traditionally fields the most question from the guests. 3L Prudence Fung, 3L Jeffrey Stravino, 2L Jeff VanCollins and 4L Elizabeth Wright will provide students with a picture of what it actually means to attend law school. They will also discuss the opportunities available to the students once they begin their studies. 1 I Sure air bags work great in frontend collisions, but only a safety belt can protect you from side and rear-end collisions. So buckle up. And you'll cover all the angles. YOU COULD LEARN A LOTFROM A DUMMY BUCKLE YOUR SAFETYHotline: BELT. For more information, callthe Airbag & Child 800-424-9393 US Department Al Safety Lμ ■■■■_■■ jm jm »k_bk_bw _ _ _—m Jmm jmm mm mm A Public Service of J This Publication taV'l ■—• jm mm ■>■ ■> ■§ mm mat \^^ mhi aai Get Out And VOTE SBA Elections are 4/2 &4a v of Transportation j t <0r mTVoting will be held outside L j • • • • • -J SENIORS!!!!!!!!!! Get your graduation tickets in from Marie McLeod. Ceremony tickets are just $1 a piece for the first 6 tickets, then $5 a piece for more. Graduates don't need tickets for the actual ceremony. Extra ticket sales will be announced soon! Watch your boxes and the Opinion for news! j • • • • • �NEWS April 2, 1997 9 THE OPINION Symposium, continued from page 3. Phillips said that the Bills have finot want to wait to talk to an agent be- saying, "I have an agent." cause they believe they will lose out on a good opportunity if they wait too long, Bowman They also often do real- not Wade Phillips, Lynn Wolfgang, & Max Bowman ize that they are violating NCAArules, sincewhat on his own. they are doing is not illegal. Another NCAArule thatoften causes problems is the rule that scholarship athletes are not allowed to hold jobs. There agents also is sometimes the temptation to get money assist players with perupfront from agents. Again, this is not sonal finanillegal, but the NCAA forbids it. As of August, Bowman said, scholarship athletes will be allowed to hold outside employment within certain guideBowman said that the NCAA rules often create a double standard. Players are tempted by the prospects of large salaries, but aren't allowed to have any part of it until after they have exhausted their NCAA eligibility. "I don't think we're rightfully representing theathlete's and the agent's interßowman said, he second panelist, Bills Defenbordinator Wade Phillips, talked t Phillips said in the early days of agents, the agent often wanted to make his money up front, and then have nothing to do with the player. He also said that agents are somewhat overrated, since a player can find out information about other play- cial matters. This is often necessary because some players nancial seminars and other services to help the players with always the same, he said. The first question asked of the panel was whether agents are really like they are por- personal matters. trayed in the movie Jerry Maguirc. said that the Phillips movie was surprisingly realistic in that it depicted the various types of agents there are. In response to another question, Phillips saidthat the salary cap is very important in contract negotiations. Agents who tell players that they are better than they actually are often present a problem, said Phillips. When the player does not get the contract the agent says he deserved, he often harbors resenttoward the team. Vith respect to the NCAA, Phillips said that players have time UB Law School Dean, Barry Boyer Teams are tending to between January and April oftheir senior year to get an agent, prefer long-term contracts with large signwhich around iiic cdp, nt S3io. lnti oonusts to should be When asked about the coaches' role in dealing with student athletes and agents, Coach Bowman said that seniors need to be counselled about the NCAA rules, and that is appropriate for a coach to do this. After the symposium, ESLS President 3LLynn Wolfgang saidshewas very pleased with the symposium. "I was very impressed with both coaches' comments. I felt thay were interesting and informative, and addressed the issues succinctly...l also thought John Burton did an excellent job as modera- • mishandle tor. their money, Phillips said. "I thought attendance was fantastic. This was probably our best attended event...There were also many members of the local legal community present. I'm really pleased about that because that was my goal from the beginning, to bridge the gap between the legal community and the law students," she said. Players are paid weekly during the Max Bowman, Wade Phillips, & JoeBurton season only, and must plan appropriately for the off some bad. "But before the game, it's f jiPHBN V BIhIR H . ,— M<Ptl i I fl ' 'lilt B_fl |^d| DRUNK DRIVING DOESN'T JUSTKILL DRUNK DRIVERS. Brendan Moniz, killed December 9,1988 at B:lspm on Airport Rd., Warwick, RI. Next time your friend insists on driving drunk, do whatever it takes to stop him. Because if he kills innocent people, how will you live with yourself? Cowed US. Department of Transportation Ad] bIH ffi. "*? t^j �10 I I I I I I I I I I THE OPINION ADVERTISEMENT April 2, 1997 Did you know that... more than 225 BUFFALO LAW GRADUATES BAR/BRI to prepare them for the February & July 1996 New York Bar Exams Speak to Buffalo Law alumni and find out why the overwhelming majority of students choose BAR/BRI for their bar exam preparation. Buffalo Law's #1 Choice for Bar Review I I I I I I I I I I I BAR REVIEW I Trust die POWER Or EXPERIENCE™ to Work for You I � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Opinion, 1997-04-02 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. Opinion Vol. 37 No. 10 Date Issued Date of formal issuance (e.g., publication) of the resource. 4/2/1997 Bibliographic Citation A bibliographic reference for the resource. Recommended practice is to include sufficient bibliographic detail to identify the resource as unambiguously as possible. 37 10 Publisher An entity responsible for making the resource available University of Buffalo State University of New York at Buffalo Law School Language A language of the resource eng Type The nature or genre of the resource Newspapers Text Is Part Of A related resource in which the described resource is physically or logically included. LIB-LAW003 Rights Information about rights held in and over the resource <a href="https://rightsstatements.org/page/CNE/1.0/">COPYRIGHT NOT EVALUATED</a>. The copyright and related rights status of this Item has not been evaluated. Please refer to the organization that has made the Item available for more information. You are free to use this Item in any way that is permitted by the copyright and related rights legislation that applies to your use. This digital collection is made available for research and educational purposes. Researchers are responsible for determining copyright status, and securing permissions for use and publication of any material. Copyright for items in this collection may be held by the creators, their heirs, or assigns. Researchers are required to obtain written permission from copyright holders and the University Archives prior to reproducing or publishing materials, including images and quotations. For inquiries about reproduction requests and permissions, please contact the <a href="http://library.buffalo.edu/archives/">University Archives</a>. If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/992b3d786ce64611666b3af83e6cc64d.pdf b34e2bf1ef73ba4ddb6aab456328bdf6 PDF Text Text J J NEWS ■' * in'tNothi Special That .-. Huddy Said, page ?. FEATURES I Pataki and Boone, I gether at Last page L To- y Bringing tears to the student's eyes since Cardozo was in diapers THE ONION Millenium, No. 00 STATE UNIVERSITY OF NEW YORK AT BUFFALO SCHOOL OF LAW , "Right To Die' Surprisingly Popular with Judges by STEVEN WATCHEM DIE Senior Citizens Editor Ever since two Circuit Courts upheld the right to die, there has been a flood of litigation regarding the scope of this new right. One of the most fundamental questions to beanswered is whopossesses this right. District courtjudges around thecountry have been surprisingly eager to step into this judicial breach. The first ruling came from the Southern District of New York, where a district court judge, in the all have the right to die! And I'll be happy This gavel is solid oak and I know how to use it!" Despite being carried out in a straightjacket and being unaminously reversed by the Second Circuit, this judge apparently touched a chord withFederal judgesaround the country. A legal firestorm soon swept the nation. A judge from the Southern District of California ruled that everyone connected with the motionpicture Striptease had the right to die. "While we're at it, let's throw in The Scarlet Letter as well. Demi Moore deserves to die twice for her so-called acting," he said. A judge from the Western District of You know what I think? I thinkyou all have the right to die. And I'll be happy to grant it to the next person who tries to tell me what the intentwas... " District Court - Judge middle of the 40th day of testimony in a particularly acrimonious breach of con- tract trial suddenly brought the proceedings to a halt by blurting out "You know what I think? I think you to grant it to the next person who tries to tell me what the intent of the parties was! See Slow and Painful, page 2 Apocalypse NOW! by Tola Lee Disgusted, Bureaucratic Correspondent Boyer. ready to install the technology required," said the president, explaining that the electro-shock invisible fencing she had looked into, which would react to chips implanted in the heads of undergrade, was just "too expensive" at the present time. "However," Prudent One concluded, "we might consider having a bake sale, to show the Administration we're In conjunction with a sighting of the Four Horseman of the Apocalypse, the Student Bar Association convened with quorum this past Monday night, simultaneously assuring that financial matters could be voted upon, and that the Apocalypse was finally on its way. "I don't know how Newsweek will handle this situation with the horses," said 2L representative Vanderloon, "but I do know that, with this school having initiated Armageddon, I'm a little worried about our standing in the next U.S. News and World Report law school rankings." Other representatives declined to comment on having opened a dimensional door to War, Pestilence, Famine / / report. "Well, first off, 1 wanted you all to know I spoke with President Clinton this week, and he seems really enthusiastic about my idearegarding hiring work-study undergrade to help law students with typing, proofreading, and housecleaning," said the SBA President, The Prudent One. Next, the president reported that another pet project, designed to discourage undergrade from congregating in the Law School, has gotten the kabosh from Dean V\ student. I have a lot on my mind. I don t pay tuition here so I can hob-nob with a bunch of English majors and Engineering students—" It was obvious the representative would have continued, but the president cut her off, saying, "Yes, I'm sure we all agree. The matter bears looking into. Moving 0n...." The president concluded her report by saying she had coordinated a blood drive where kids could vote about whether or not to change the UB Law grading system while a DJ provided music and she gave a speech "You know, that X. decrying tuition raises, mandatory might be a positive move athletic fees for law students, and for us. If executive board Apartheid. The meeting then moved vice president's report. members had ■ to theThe veep began as usual, saybarcaloungers, more ing, "Well, I really have nothing to report. But I do have something to people would run for say. Ifthe president wasn't so @@#$ those offices, and there efficient that it gave me a complex, would be more interest in maybe I'd do something around here. That's it. Have #$%% nice day." the SBA in general. Next came the financial report /? and Death. Despite the scent ofhorse scat wafting up through the vents, the meeting began promptly at 6:47 PM (the "scheduled" time of 6:30 seen on posters is actually an encrypted code that can be cracked only with a special Bar/Briring). First on the agenda was the president's "The Administration just isn't \ \ i / n^ y / serious about this." At this point, a 1L rep interrupted, saying, "Why can't we just have armed guards around the main entrances? I'm sure people would be willing to volunteer. This is our school after all. It's not like I ever go to the student union, the bookstore, the computer center, the athletic facilities, other bathrooms on campus, or the parking lots. And since I don't do any of that, I don't want any of those pesky undergrads in my building. I'm a law from the treasurer, who mentioned that whilethe SBAwas at least $2,000 in the red, she thought the budget could be stretched to buy "Magic Fingers" barcaloungers for members of the executive board. When a 2L rep asked the treasurer whatcabalistic calculations made this possible, the treasurer smiled sweetly See Barcalounger Cowboys, page 2. April 1, 1997 Pataki Grants Full Aid Restoration to SUNY System by Chipoff Theold Blocke, Political Snitch I n a recent, exclusive interview with Governor George Pataki at the Lionheart Tavern on Lark Street in downtown Albany, he confided to The Onion that he has had a great change ofheart since his recent car accident. "When my good friend Pat Boone came to see me in the hospital, I said to myself, 'Hell! If he can have a change of heart, then so can I! I think that my administration would find that young people really know what's going on out there, if I could only get them to take the time to listen!'" The Governor and the highly acclaimed 1950's Ladies' Man/ Crooner reportedly slipped out of the hospital together arm-in-arm to catch the alternative bands Marilyn Manson and Tool in that night's show on the SUNY Albany campus. "What an uplifting, positive group of people! It'sbeen a long time sinceI've heard such heart-felt, spiritual music!" the Governor told us. "I really like that black leather and makeup look that Marilyn's got going on. If only I could pull it off in front of my campaign contributors... What do you think? Would it make me look fat?" "Y'know, I think SUNY's been cut too deeply overthepast few years.There's really no way that they can meet their mission of teaching the lower classes good Democratic values unlessl put back some ofthe fundsthat my people have cut in the past few budgets. We can never have too many social workers," George confided midway through the sixth double gin and tonic. George then proceeded to drop us a bullet sheet listing his major initiatives for SUNY for the next few years. His Number One Priority before the end of the decade was a cohesive Task Force on Environmental Concerns between ÜB's Law and Medical Schools. By linking the effects of residential and industrial expansion into the state's virgin lands, and its damage upon children and wildlife, George hopes to make his legacy to the state through successful litigation against "wanton industrialist swine." "Screw my contributors at GE! See Leather 'n' Lace, page 2 �THE OPINION 2 Barcalounger Cowboys, Continued from page 1. and responded, "Oh, please don't make me do math—l'm just a girl." Responding to the barcalounger suggestion, the same 1Lrep who wanted to stuff itinerant undergrads with hot lead leapt into the discussion again, this time to laud the treasurer's idea. "You know, that might be a positive move for us. If executive board members had barcaloungers, more people would run for those offices, and there would be more interest in the SBA in general. I mean, we do all this stuff, most of which I can't recall at the moment, and we don't get any credit or perks for it, except the ability to put our membership down on a resume and access to an office with an outside line, a copier, and a computer. Oh, by the way, could you all sign my candidate sheet for-" It was obvious that the representative would have continued, but the treasurer cut her off, saying, "Yes, well, thanks for the support. That's about it for my report." The parliamentarian Peter PeO'Brian was next. "Okay, since we have enough people, we have a serious backlog of issues that we need to vote on tonight. First and foremost: who thinks we should have pizza at the next meeting?" The president then conducted the voting: "All in favor of discussingthis issue, 'aye." say The SBA masses then proceeded to make life difficult for her: "Wait a minute, do we really need to vote on this? I mean, who doesn't like pizza?" "Yeah, but whereare we going to get it from? There are ethical considerations to talk about." "Hey. I hate pizza. Let's get Chi- nese." "If the Apocalypse is really coming, I say we get fugu. I mean, what the hell?" "What's fugu?" "Your mother." "Are we voting?" And so on. This continued for quite some time, until the decision was made to order pizza for the next meeting, with a side order of nachos and wings, in order to placate an SBA faction who had threatened to filibuster until their needs were met. The president then tried to close the meeting, but the SBA-cheerleader 1L rep interrupted her. "You know, I think it's a good thing that we're getting pizza. We work hard at this job, and we deserve it. But I was thinking, maybe we should just go out to dinner, instead. I know this place-" It was obvious the representative would have continued, but everyone cut her off. The meeting concluded at 10:59 the next morning, and not much of any- FEATURES April 2, 1997 Slow and Painful, cont'd from page 1. Washington held that all the members of the rock bands Bush, Stone Temple Pilots and Silverchair all had the right to die. "I used to be proud to say that I come from Seattle, the home of grunge," he said. "I used to be able to brag to my colleagues about how I turned down a clerkship with a prominent Seattle finn so 1 could be a roadie for Soundgarten. Now withall theseNirvana and Pearl Jam knockoffs cluttering the airwaves, the; only thing Seattle has to boast of is a national chain of pretentious, overpriced coffeehouses." The 10th Circuit modified the decision, adding Marilyn Manson to the list. Although the Florida shock rocker's music does not imitate the early 90's grunge sound, the panel, sitting en bane found his music "just plain annoying. We're only doing to him what he did to the Eurythmic's 'Sweet Dreams'." A |udge from the District Court of Mississippi soon after held that the cast, crew, writers and "everyone who has a remote connection with the showBarney has the right to die. Did you ever watch it? It's cvii!" the judge said. A judge from the Northern District of California held that "the next lawyer who walks into my courtroom in Birkenstocks definitely has the right to die." A judge from the Southern District of Wisconson ruled that "whoever came up with the Macarcna has the right to die. The chicken dance was humiliating enough." A spokesperson for the American CivilLiberties Union, asked to comment on these rulings said, "While we have consistently opposed capital punishment, it is our position that the decision concerning what manner in which ones own life ends inheres in theright to privacy. If theright to privacy is to be protected, we must be willing to support those decisions. For example, should Chief Justice Rehnquist and Justices Scalia and Thomas decide to end their lives in a suicide pact, we would certainly support their right to do so." A judge from theWestern District of New York just yesterday held that memibers ofthe law review who cannot even manage to gettheir associate articles published, yet use the law school newspaper to pontificate on the law and hold themselves out as legal experts have the oops -- gotta go. HELP!!!!!!!!!!! / need 150 tickets for graduation. Anyone who is willing to scalp them to me for an absurd amount, please let me know. Nary A. Klue, Box 990 or NAKLU@acsu thing got done at all. Leather fn' Lace, cont'dfrom page 1. To hell with Niagara Mohawk and the of the utilities! When's the last time THEY came to see me in the hospital?! What we need is a clean environment, and more room for the deer! The IDA's have got to go, especially those moneyhungry bastards in Amherst! Don't they rest realize that we're running out of farmland?! Don't they care that the cities in the state are falling apart because they're bleeding them dry with tax breaks for the rich?! Don't they realize there's deer out there starving?!" When he saw the puzzled looks on our faces, he quicklyadded, "Think about it. I can get the Bar Association to support these efforts this year. Those pigs owe me! One good settlementagainst General Electric, UB Law gets a third, and BPLIP gets funding for the next thirty years. No more damned auctions! You kids should be concentrating on your studies, not wondering where's the money!" George's secondinitiative dealtwith the new federal welfare regulations. He hopes to find positions for many of the current recipients who will be cut off over the next few months in SUNY administrative and grounds support positions. "Think about the effect this would have on the campuses. We could improve financial aid possibilities for the students fivefold! Put thesepeople to workfinding new resources from the federal government to cover everybody's tuition, so nobody has to make an appointment two months in advance to see their financial aid counselors. That'll show Newt and the rest of those bastards! Take money from my state in one place, will they?! Well, I'll take it right back in another place! "And think about new flower beds in the parking lots. The view from the top floor ofCapen for [UB President] Greiner would be glorious, when all those flowers are in bloom during exam time. And the students would finally have a place where they could get to for quiet contemplation, like monks in a countryside garden. Now THAT'S what school is supposed to be about! What good is having a state if the state's ugly in thefirst place! Do we really wantto livelike we 'rein New Jersey? And those bastards want the Statue of Liberty back! We just sank all that cash into it to get it clean again... [Governor] Christine [Whitman] just wants to be able to take photo ops in front ofit! If she wantedthat perk, she should have run against Mario like I did!" George will be coming through Buffalo on his way back from the Southern states, where rumors have it that he's testing the waters for a Presidential run in 2000. "If you can find a forum, I'd love to give you more details about my plans in May. Does the law school have a commencement speaker yet?" PARTY ON!!!!!!!!!!!!! Karen Waltz is hosting a "party 'til you puke" fest at her humble abode. Proper attire not required. In fact, clothing is optional. ALL THE BEER YOU CAN SNARF. The Onion wants you... NOW! Seeking students for plagarism and libel law forum. I We are ah equal opportunity agent and do notaiscriminateon the basis oybwirdness. � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Onion, 1997-04-02 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. Onion Vol. 37 No. 10 Date Issued Date of formal issuance (e.g., publication) of the resource. 4/2/1997 Bibliographic Citation A bibliographic reference for the resource. Recommended practice is to include sufficient bibliographic detail to identify the resource as unambiguously as possible. 37 10 Publisher An entity responsible for making the resource available University of Buffalo State University of New York at Buffalo Law School Language A language of the resource eng Type The nature or genre of the resource Newspapers Text Is Part Of A related resource in which the described resource is physically or logically included. LIB-LAW003 Rights Information about rights held in and over the resource <a href="https://rightsstatements.org/page/CNE/1.0/">COPYRIGHT NOT EVALUATED</a>. The copyright and related rights status of this Item has not been evaluated. Please refer to the organization that has made the Item available for more information. You are free to use this Item in any way that is permitted by the copyright and related rights legislation that applies to your use. This digital collection is made available for research and educational purposes. Researchers are responsible for determining copyright status, and securing permissions for use and publication of any material. Copyright for items in this collection may be held by the creators, their heirs, or assigns. Researchers are required to obtain written permission from copyright holders and the University Archives prior to reproducing or publishing materials, including images and quotations. For inquiries about reproduction requests and permissions, please contact the <a href="http://library.buffalo.edu/archives/">University Archives</a>. If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/cc12bbebd143eb5ba28afb6fb279b3ca.pdf 726e7d857dfc36c607000f12bf608499 PDF Text Text NEWS Mock Date Rape Trial finds the defendant not guilty, see page 6. FEATURES OP\ED Don't rush in for Fools Rush In, see With Extra Butler on page 7. Grades are late...again, see page 4. Bringing the issues to the students since 1949 THE OPINION Volume 37, No. 9 STATE UNIVERSITY OF NEW YORK AT BUFFALO SCHOOL OF LAW SBA Verifies Latest Law School Ranking by SA. Cole, News Writer The Student Bar Association convened Room 706 at 5:30 pm on MonO'Brian in day,March 10,to revel in the success ofthis past weekend's Barrister's Ball, and to discuss plans for the future. With only ten members present for the majority of the meeting, there was no quorum, and hence no voting was conducted. SBA President Prudence Fung began the meeting with her report. Starting by bringing up Governor Pataki's proposed tuition hike, Fung described in brief her presence at a meeting with Assemblyman Report has elevated UB Law to the second tier. This ranking is a tierabove the school's placement in last year's table, and was not affected by an editing error that caused therecall of the issue last week. Fung then stated that the deadlines for election petitions have been moved to March 26. Any law student interested in running for an SBA executive office has until March 26 to turn in the signatures of 10% of their class. Fung's report closed with a discussion of a proposed fax machine, to be placed in theLaw Review Office, and be accessible to SBA student groups. Dean Boyer's office has offered to purchase the machine, on the condition that installation and billing to be maintained by the SBA. This offer is problematic, however, in that the Law Review is not funded by the SBA. Further discussions will be at the next meeting, on March 31. Treasurer Bari Levant brought up two items of interest regarding finances. The first related the problems organizations are having getting their checks through the Office of Student Life. This problem will hopefully be addressed at the next University Counsel meeting. The second item dealt with illicit phone calls being made from the line of an SBA-fundedorganization. Apparently, See SBA, page 8. Outlaw Dinner Discussion Delves into Single Sex Marriage by Kirn Fanniff, Assistant News Editor E theme of celebration was echlghout the first annual Outlaw "he festivities were held March 1 at the University Inn. Kristin Long, president of Outlaw, opened the evening by remarking that the idea for the dinner began last semester when she and others realized that members of the gay community usually only come together in times of crisis. she spoke ofsame sex marriage she meant legal marriage as determinedby the state. Robson gave background on the issue of same sex marriage. Some scholars believe that one of the reasons the ERA did not pass is because of a fear it would spark same sex marriages. In the seventies, court cases for same sex marriages were brought under the premise of sexual discrimination. Those cases stated the clerk who failed to issue a marriage license to a same sex couple was wanted this dinner to be a recognition ofhow far we have come. We have a long way to gostillbut it is good to recognize our accomplishments," "The issue for the other 49 states then becomes whether or not to recognize marriages legally entered into in Hawaii," Robson said. Normally, if a couple gets married in one state andmoves to another they do not have to get remarried. The states did not have to worry recognizing the marriages because federal government stepped in and passed the Defense of Marriage Act (DOMA). DOMA does notrequire any state to recognize same sex marriages enin Hawaii. DOMA, Con"In a is appropriating gress rights. mantle of states Congress is invading state power; domestic relations have always been considered part of state law," Robson Kit fedinto Long said. *In Lewin 74 Haw. 530. his openremarks, Barry Robsonbelieves the Boyer praised the availability oflegal same Dean Boyer, Martha Ehman& Kristin Long. sex marriages would violating the Equal Protectionclause. The three problems: to make sure relacourts said this was not discrimination hips do not suffer,to allow gay cornbecause both men and women were being ties to be responsive to problems Dean work Outlaw has done. He said, "Year in and year out Outlaw's functions have been indicative of creativity and good grace. Outlaw protests have a strength of character, getting their message heard in a non-threatening way that makes people think." The keynote speaker CUNY Law professor Ruthann Robson spoke on "Gay andLesbian Marriage: Progress Toward Equity?". Robson began by stating when denied licenses. Some progress has been made in the courts since that time. In 1993, a trial court in Hawaii ruled unless a compelling state interest can be shown it is a denial of equal protection to fail to issue a marriage license to same sex couples. Baehr v. Ei See Outlaw, page 5. March 12, 1997 1Ls Testify Before NYS Assembly Committees by Kristin Grcclcy, News Editor Two weeks ago, two first year students had tin- opportunity to testify hetore NVS Assembly committees about the hotly contested issue of welfare reform. The story begins with Professor Frank Munger's Welfare Reform Bridge Course for first years. There were 25-30 students in the class, which addressed the history of the welfare system from its inception to the recent Personal Responsibility and Work Opportunity Act of Wiy'l was inspired and pleased\ W to be a part of a group of I students so committed to the \ I public interest and to have \ our academic research I \ applied to something so I \important." Kinda Sefari/ — 19%. These latest welfare reforms break down the oldAid to Families withDependent Children (AFDC) system, and gives block grants to states in order to revamp their welfare systems within certain Con- See Testimony, page 6. What is graffiti coming to? mm cjse HOSE I �FEATURES THE OPINION 2 March 12, 1997 BUFFALCHIPOS by Terrence McNamara Columnist Cardinal Joseph Bernadin of the Catholic Church died recently of a long, drawn-out fight with cancer. Before his death he was praised by many of his brethren for his courage, strength and humanity in dealing with his impending death. In an interview with him before he died he said something that struck me as odd. He said that, for all of his years of religious experience, through all of the meditation and prayer, he was still afraid to die. I thought this was odd because, of anyone in our society who should be equipped to face death, it should be someone who has spent their entire life contemplating God's mysteries, and the wonders and horrors of life itself. And then I could not make this mesh with my Church's "official" position on the ending of a human life. How could the other bishops and cardinals praise Cardinal Bernadin for his strength and courage, knowing that he wouldface a painful ending, and yet teach that an ordinary person, not nearly as psychologically well-equipped to deal with a pain-wracked ending, has no right to choose the method by which to end their own time on this Earth? Whether onebelieves that Christ was the literal Son of God, or simply understands the Biblical stories as one of the archetypes in theWestern Canon does not matter for what I say below. If we understand the story ofhis death, we see that he hi mselfhad a choice to face such a painful death, or to let it pass over him. That is what it means to believe in Free Will. He could be the savior of all of humanity only if he freely chose to die through the pain of crucifixion. And he could willingly face such pain only through his faith in his God. But what purpose is served by taking this lesson in the ultimate faith in God, and requiring that every person in our society must show such strength? This is, in es- I" sence, General require of ordinary human beings in his case to "He is asking that the law require people to face death, not on their own terms, but according to a standard offaith that is the penultimate archetype of self-sacrifice, and not the norm for human capabilities." ' before the Supreme Court. He is asking that the law require people to face death, not on their own terms, but according to a standard of faith that is the penultimate archetype of self-sacrifice, and not the norm for human capabilities. average person has not spent PlTie their own choosing. What Vacco is seeking is an unfair and unwarranted exertion of one's power over his fellow citizens. This nation was founded upon an idea ofnegative liberty, that which the state may not compel a citizen to do. I cannot see how the state has a compelling interest in requiring people to die painfully when it has become apparent that their endis near, when medicine can do nothing else but make that ending less degrading. It bor- contemplating death. The average person also does not have the financial resources of a 2,000 year-old institution to die in dignity and privacy in a place of ders on cruelty to force someone to watch their own dignity stripped away as they face theirfinal days in pain, only because those with the knowledge to take that pain away, the doctors and nurses, cannot legally help them in their time of greatest need. The state may indeed have a compelling interest in preventing a premature decision to take one's own life.But I think that the possibility of abuse is not great enough to prohibit a doctor's assistance in every case. The position that we are currently in is also unacceptable. If the polls are to be believed, a good deal of doctors and nurses in America have helped a patient die, regardless of the possible WHYHHESOMHHY STUDENTS SWITCHING TOPIEPERP Ask Them.. PIEPER THENEW YORKSTATEBAREXAM SPECIALIST! 1-800-635-6569 legal consequences, at least once over their career. They currently do so by prescribing a lethal amount of painkillers, and then turning a supposedly blind eye to the consequences of their actions. But they should be able to be present to attend to the needs ofthe dying during that actual process. They should not have to feign ignorance to what is assuredly coming. This dirty little secret of American medicine is wrong. Death is as natural a part of the human experience as is birth itself. If we are to progress as a society, we must not hide itbehind a closed door, but face it as adults, and come to terms with it. Whether it is legal or not, doctors and nurses will still seek to relieve the pain of the patients entrusted to their judgment, even when that means making available to the patients theability to end their own lives. That is their job; that is why they are the doctors and the nurses. We should make sure that legality is not a concern for them or for the dying when faced with such a decision. I V We want to hear what you have to say. Send a Letter to the Editor. We're located in Rm 7, basement 1 A A �NEWS/FEATURES March 12, 1997 THE OPINION 3 BRIEFS Across the US Scientists Produce Clones American arrested abroad hed Scientists in Oregon have produced monkeys from cloned embryos, the first time a species closely related to humans has been cloned, researchers said in inter- Each year more than 2,000 American citizens are arrested abroad-many ofthem for violating local laws regarding the use ofalcohol in public and the behavior asso- views Saturday. ciated with it. As the time approaches for spring/ summer breaks, many college students are getting ready for that long-planned trip abroad. For some, the trip will become a nightmare and they will end up in a foreign jail. The scientists useda technique similar to the one that Scottish researchers announced last week hadenabledthem to clone a sheep. Experts said the cloning success in Oregon, which has not yet been announced, adds to a growing body of evidence that there are no insurmountable barriers to creating multiple copies of human being. The two monkeys, born in August, were cloned from cells taken from embryos, not from an adult. This is a crucial difference between them and Dolly, the sheep cloned by the Scottish researchers. The cloned primates are not genetically identical to any adult monkey, an aspect of the sheep experiment thatraised a host of thorny ethical issues. "This is really an effort to see if we can create genetically identical monkeys for research, said Don Wolf, lead researcher at the Oregon Regional Primate Research Center. Far fewer of these " carbon-copy research animals will be needed in drugexperiments, for example, because their sameness would eliminate much of the genetic variability of such experiments," Wolf said. "Itwould allow you to ask questions with feweranimals." The same technique already hasbeen used to clone embryos in other species less closely related to humans. Scottish researcher lan Wilmut and his colleagues also used the technique to clone sheep embryos last year, an intermediate step to their successful cloning ofDolly from an adult. Aspects of the technique eventually could help infertile women, Wolf said. Shut Up, You're Driving! According to a study published recently in the New England Journal of Medicine, talking on a car phone quadruples the likelihood of getting into an accident. The study says that talking on a car phone is as dangerous as driving with the lowest legal limit of alcohol in your system. Stressful calls make accidents even more likely. Thirty-nine percent of those polled said that they used their car phone to call police after they had been in accidents. The study also showed that smoking or eatingwhile driving is only half as dangerous as talking on the phone. Curve That Hat If you're tired of looking like a dork because the bill of your baseball cap is flat, Boston entrepreneur Gregg Myles Levin has developed a product that is just for you. It's called the "Perfect Curve," and is a plastic mold that will shape your cap overnight. Just strap your cap into the mold and leave it overnight, and you, too, can have the ever-popular frat boy look. Levin is not just out to make a few bucks, mind you. He's really out to save theworldfrom nerdy flat bills. Says Levin, "Whether or not you buy a Perfect Curve, for God's sake put a curve in your cap." PerfectCurveretails at sporting goods stores and hat stores for just $9.95. - Many students will go to popular resort areas and overindulge in alcohol, assuming that because the atmosphere appears more "more laid-back than the States," such conduct will be overlooked by the local authorities. A number of students also assume that they are immune from prosecution in foreign lands because they are American citizens. The truth is that Americans are expected to obey all laws, and those who break foreign laws face severe penalties while abroad (remember Michael Fay?). In the past, American college students have been arrested for being intoxicated in public areas and for drunk driving, as well as various other violations. Once an American leaves U.S. soil, U.S. laws and constitutional rights no longer apply. U.S. consular officers can visit jailed Americans to see that they are being fairly and humanely treated, but cannot get them out of jail or intervene in a foreign country's legal system on their behalf. Princess Di Donates Wardrobe to Auction LaVallee joined the district attorney's office after graduating from the University at Buffalo in 1983. In announcing her appointment, Vacco praised Ms. LaVallee as "a respected, no-nonsense veteran prosecutor whose instincts and talents will help guide our efforts to achieve justice in capital cases." Lunch with Dean Boyer Rated Successful The brown bag lunch with Dean Boyer was a great success, according to 3L Jeff Stravino, who coordinated the event. About fifteen students attended the lunch, with each class almost equally represented. The lunch presented an open forum in which the students could voice their concerns, and Dean Boyer could update them on plans for the future and the state of the law school. Among the topics discussed were the fact that A&R is closed from 12-2 every day, transcript availability, the future of public interest law, updating the computer lab and scheduling offirst year classes. Dean Boyer discussed the budget cuts andthe phasing in of the new curriculum, as well as methods of fundraising. According to Stravino, the Dean was very positive and receptive to student ideas. The things that were discussed were little things, but when put together, equal unhappy students. "It's nice to feel like we're being heard," Stravino said. He added that he wouldlike to have anotherLunch withthe Dean, possibly later this spring. Law School Rankings re-done U.S. News and WorldReport pulled its March 10, 1997 book of graduate school rankings off of the newsstands because of a calculation error in its law school section. The pulled books are being replaced with revised copies. The miscalculation in the law school rankings occurred when two field descriptions were transposed in the database used to calculate the employment rates for 1995 law school graduates as of February 15, 1996. The numbers were reversed in the equations used, and the result was incorrect employment rates which led to law school misrankings. UB Law remained ranked in the second tier in the revised rankings. University of Maryland and the University of New Mexico fell from first tier to second tier ranking. Villanova and University of Cincinnati rose from the second tier to the first tier. University of Montana, University of Oklahoma, University of Pittsburgh, Syracuse University and University of Wyoming dropped from the second tier to the third tier while Chicago-Kent School ofLaw, University ofSouth Carolina and Wayne State University jumped into the second tier from the third tier. People who already purchased the old books are encouraged to call 1-800-836-6397, ext. 105, to receive the correct rankings. Copies of the revised tables can be obtainedthrough Fax-On-Demand at 1-800-685-4573, Access Code 123, Document #185. If you didn't snare one of Jackie's bibelots at auction, you've got another chance to rub vicarious shoulders with big time glamour. Last week in New York, Christie's gave specifics ofthe 80 cocktail and evening dresses Princess Diana has donatedfor a June 25 sale. Interest in these frocks, like the inkblue silk velvet number Diana wore while dancing with John Travolta at a 1985 White House dinner, is already intense. But be warned: you can't try on the dresses, andbecausethe princess's weight fluctuated over the years, they're of different sizes. The bidding will start at $5,000 with proceeds going to AIDS and cancer research. Even the catalogues are pricey, ranging from $60 to $2,000 for a purple leatherbound edition signed by her exHighness. Brown Baggin' It with Dean Boyeri - At Home Local News LaVallee to Head Vacco's Statewide Team Diane M. LaVallee, head of the Dis- trict Attorney's Sex Crimes Unit for the past five years, has been named by state Attorney General Dennis C. Vacco to head his statewide team that assists local prosecution in death penalty cases. Ms. LaVallee succeeds another Buffalo area prosecutor, George B. Quinlan, in the post. Quinlan was named earlier this year to headthe stateattorney general's Organized Crime Task Force. A longtime resident of Buffalo, Ms. (leftto right) 3L's JeffStravino, Jeremy Shulman, Michael Kotin, and David Pfalzgraph joinDeanßoyer (seated in the center) for lunch. Information for News Briefs came from various sources, including the Buffalo News and Newsweek. * �EDITORIAL THE OPINION 4 opinion ~ . __ es Founded 1949 „ XT Volume 37, No. 9 Jessica V. Murphy Tell us your opinion! _ Julie E. Meyer Managing Editor Editor-in-Chief If you have an opinion on anything published in our newspaper oron any current topic that concerns the law school community, write to The Opinion. Letters <o the editor are best when written as a part of a dialogue and must not be longer than two pages double-spaced. Perspectives are generally opinion articles concerning topics of interest to the law school community and must not be longer than events , w 12, Irtn March 1997 ~ March 12, 1997 STAFF . Ali submissions are due the Wednesday before we publish in the hotbox outside ofthe Opinion Office. Your submission must be typed, single-spaced, and submitted on paper and on a computer disk (IBM-WordPerfect 5.1 format). Send your submissions to The Opinion office, in the basement ot O'Brian Hall. Room 7 Business Manager: Scott Bylewski News Editor: Kristin Greeley Features Editor: Michael SantaMaria Photography Editor: Sami Manirath Art Director: David Leone Layout Editor Rochelle Jackson SDFSDFSDF Assistant News Editor: Kirn Fanniff Senior Editor: Steven BachmannDietz The Opinionisa non-profit, independent, student-owned and run publication funded by advertising fees. The Opinion, SUNV at Buffalo Amherst Campus,7 JohnLord O'Brian Hall, Buffalo, New York 14260, (716) 645-2147. The Opinion is published bi-monthly throughout the Fall and Spring semesters. It is the student newspaper ofthe State University ofNew Yorkat Buffalo School ofLaw. Copyright 19%by The Opinion, SBX Any reproduction ofmaterials herein is strictlyprohibited withoutthe express consentoftheEditor-in-Chief and piece writer. Submission deadlines for letters to the editor and Perspectives are 5 p.m. on the Wednesday preceding publication. Advertising deadlines are 6 p.m. on the Thursday preceding publication. Submissions mayeither be mailed to The Opinion, or dropped offoutside of the Opinion office in thebasement of O'Brian Hall, Room 7. All copy must belyped, single-spaced, and submitted on paperand on a computer disk (IBM-WordPerfect5.1). Letters are best whenwritten as a part of a dialogue and must be no more than onepage. Perspectives are generally opinion articles concerning topics ofinterest to the lawschool community and must be no more thantwo pages single spaced. We reserve the right to edit any and all submissions as necessary. The Opinion will not publish unsigned submissions. We will return your disks to your campus mailbox or to a private mailbox if a selfaddressed stamped envelope isprovided. The Opinion is dedicated to provide a forum for the free exchange of ideas, therefore not all the views expressed in this newspaper are necessarily thoseof the Editors or Staff of The Opinion. LETTERS Expect Incompetance andPlan Accordingly EDITORIAL: The Annual Grading Gripe Pull up a chair. Let's chat about some late grades. Procrastination can be a good thing. Consider warfare: If the Framers of the Constitution hadn't pussy-footed around the issue of slavery when drafting the document, we wouldn't have had the Civil War, which means Gone With the Wind wouldnever havebeen written and a fine Selznick film would have never seen the light of the silver screen. If the United States hadn't waited solong to get into World War I, there would be a lot more French people running around. If we hadn't waited so long to pull out of Vietnam, there would be a lot less social dystopia for college students to get righteous about. In other words, thereare many times when a person can pragmatically sit back, quote the ever-annoying Pangloss from Candide, and say that it's "all for the best," even when "the best" has caused tremendous amounts of heartbreak, despair and Maloxx consumption. There is one time, however, when even those most adept at bass-ackwards rationalization are hard pressed to come up with a syllogism that justifies what's going on. Who are these adept people? Law students, of course. When do they quail at the notion of manufacturing some specious chain of events to explain away procrastination? When their damn grades are late. These days, it takes fifty seconds to heat up some coffee, two minutes for you to figure out ifyou're pregnant, and half an hour for CNN to give you the world. With a backdrop of all this time-crunching, you'd think affixing some weighted TO THE EDITOR: letters onto a blue-book over the course of a month wouldn'tbe that difficult a task. It might be just difficult—but not that difficult. If it is that difficult, we should re-arrange the deadlines for grades, so that students are not left waiting at the end of the semester, sitting on the metaphysical toilet of suspense without a magazine to read. Living, as we do, in a society where having to wait for something is grounds for a lawsuit (we could refocus the culpability here if the grades werebeing sent to BIRD via America Online), late grades for law students are simply unacceptable. Aside from the stress a late grade foists onto a student, there is an entire chain of occurrences triggered by a late grade that jeopardizes the student, his fellow students, and the reputation of the entire school. Grades are instrumental in acquiring jobs. Jobs are instrumental in acquiring prestige for the school. Pres- tige for the school keeps it alive, which means-there are jobs for professors who get grades in on time. Sloth isn't one of the seven deadlies without reason; killing time waiting kills more than time. It kills careers, it kills internships...it kills those cute little squirrels that try to cross the road under the wheels of seething, angst-ridden law students. Yes, it's a busy world, and good lord, looking at a towering stack of scrawled-upon blue books has got to be daunting. But the road to the fourth tier in the U.S. News law school ranking chart is paved with excuses. Procrastination is a blessing in assassination or nuclear war, but it's hell on the only other thingjust as littered with casualties: law school. It was nice to see the smiling happy faces doing the Murphy Macarena in the last edition of The Opinion. Unfortunately, those faces reminded me of an ugly lesson I learn over and over again — Expect Incompetence and plan accordingly. The happy faces inThe Opinion were celebrating their performance at a trial advocacy competition in New York City. The faces belonged to the students who were chosen to be there under an incom- petent system. As explained inThe Opinion article accompanying the picture, to qualify for membership on the advocacy team, the students had to receive an H in trial technique class and then try-out for a spot on the team. As it did just two years ago, the law school forgot students take trial technique in the Spring. The school neglected to inform such students who received the obligatory H in trial technique that they qualified to try-out. I say the "school" because I have not been able to determine exactly who is responsible. The Opinion article reported Ann Adams as the headof the trial technique program. I have left multiple messages for Ms. Adams, which she does not return, though her secretary informed me that Ms. Adams is still run- ning the trial technique program. Two years ago, UB graduate, Dave Adams, found out after the try-outs that he had been left out as a student whotook trial technique in the Spring. Torectify the situation, Marni Bogart, already chosen for the team, had to compete in a run-off against Dave to see which one should be on the team. Dave won and was able to compete. Marni was not happy with the run-off but at least all qualified students were considered for the team. This year, due to the later start of the semester, the competition was over before the school's incompetence was discovered. Qualified students were denied the opportunity to compete. When I took trial technique last Spring, I specifically had the trial advocacy competition in mind as motivation to earnan H. I expected that the person(s) in charge of the program would inform me when the try-outs would be. They never did. Let this be a warning to all second year students whoreceive an H this semester in trial technique. Remain vigilant next Fall and towards the end of the semester, start hounding anyone you know affiliated with the trial technique program (Ann Adams may be goneby then.). Do not rely on anyone to keep you informed. Expect incompetence and plan ac- cordingly. Catherine Nugent, 3L Corrections: to In the last issue of the Opinion... The corrections are printed below. We would lik' apologize to our Teaders for this incovenience. -- The SBA article was which titled SBA Meets for the First Time This Semester should have read SBA Has Second Officicial Meeting of the Semester. Student groupelections must be heldafter SBA E-board elections and before the budget hearings. 1L Brenda Torres has been working towards the installation of an on-campus phone in O'Brian Hall. There was no vote about givingremaining funds to BPILP. 2L Jennifer Berger was the BPILP member who contributed the BPILP fellowship experiences for the Opinion. �by THE OPINION NEWS/FEATURES March 12, 1997 5 COURT WATCH Steven Bachmann Dietz Columnist Suit Seeking Monetary Damages for Constitutional Violation Permitted On September 4,1992, a 77 year-old woman complained to police she was attacked at knifepoint in a houseoutside the SUNY College of Oneonta. The description the woman gave the police was not very specific. She said she was attacked by a black male. She further said that her attacker may have cut one of his hands during the attack. The college provided a list of every African American male student to state police and campus security. Every student on that list was interrogated and had their hands and arms inspected. When that failed to produce a suspect, state and local police conducted a five day "street sweep," in which every African American male that could be found in and around Oneonta was stopped, interrogated and inspected. Many of the subjects of this sweep were understandably upset that they were treated as suspects simply because they were black. They felt that the sweep was an unreasonable search and seizure and deprived them of the equal protection of the laws. They instituted a suit against the State ofNew York alleging that the sweep was racially motivated and violated their rights under the State and Federal Constitution. There was one problem. They instituted their suit in the Court of Claims and sought monetary damages. A claim of State of New York. New York sought to dismissthe claim on the grounds that it did not state a cause ofaction. The CourtofClaims agreed and granted thedismissal. TheCourt ofClaims held that constitutional torts were not cognizable in the Court of Claims, that claims ofviolationsof constitutionalrights were not cognizable in any state court absent a link to a traditional common law tort. It also held that the claim for negligent training andsupervision was not cog- nizable because the underlying harm did not constitute a cognizable claim and that the states could not be sued in state court for violations of the federal civil rights statute (42 USC 1981). On November 19,1996,the Court of Appeals modified the order, holding for thefirst time in its history thatthe Court of Claims had jurisdiction over claims alleging violations of the state Constitution. Judge Simons wrote the majority opinion (Brown v. State of New York 1996 WL 667933). Simons statedthat the Supreme Court has long permitted actions for damages for state actions that violate the rights guaranteed under the United States Constitution. Similar actions are onlypossible if the state waives its common law immunity from suit (sovereign immunity). Simons held that the state waived its sovereign immunity when it passed a law ... Dear Audrey Paphic this sort had never been successful in the area. There are indexeswhich rou calculate whether a lowerpaying i one city gives you more cash in than a higher paying job in another, has a copy of such an index in Room When employers ask you to submit "salary requirements" along with your resume, what exactly dothey want? Also, LAW PRACTICE: Salary; Ecowhat impact do prior salaries have on nomics). this? And, do I have to I* y°u decide on a specify these salaries? ISSIi" m M m^m- -tfmm I certain salary level, state ■^J^k.iJm^mMfg^' Signed, betterbe in linewithwhat First give me the employer had in the job, then we'll talk mind. Too high--you are out of the running. Too low-the employer may have second thoughts about your abilities. Dear First Give, Rather than list a number specific You must be apply($30,000), give a range ing for a non-legal job. ($25,000 -$45,000). "Salary requirements are When you know more not usually requested by about the job responsibilities and other legal employers" is a phrase more typical benefits, you can be more definite. To get in business and industry. the high end of your range, be prepared to When you come upon this phrase, quantify your value(e.g., previous experiyou need to do some homework. Find out ence, specialized skill, billables, rainmakwhat the usual salaries are for this type of ing potential). position and for the geographic location. Finally, if you are uncomfortable Start with trade newspapers, magazines about providing specific numbers, simply and professional organizations related to state that you would expect a competitive your prospective employment field. For salary for the type of position and level of example, The National Law Journal anresponsibility. nually publishes "What Lawyers Earn." The insert summarizes salaries for a full range of public and private legal career Doyou have a job question farAudrey.' options. Ifyou know someone whoknows If you do, please send if in to the someone in this line of work, get in touch Either e-mail your question to: with that individual and get a sense of the jvmurpby:@3csu. buffalo edu, drop a note outside the Opinion office or call theOpinmarket. : ion office al 645-2147. Keep in mind the cost of living for a ries •: amending the Court of Claims Act to mon law antecedents warranted a tort permit monetary damage claims for personal injury torts. Simons upheld thedismissal of the causes of action based upon violations of federal constitutional rights, because New York was not a "person" remedy for invasions of the rights they recognized, according to Simons. Imply- under § 1981. The waiver ofsovereign immunity is not, in itself, enough to authorize a cause of action against the state not based in common law. Since there was no en- abling statute (like 42 USC 1983 which authorizes suits for violations of § 1981) the authorization would have to be implied from the State Constitution. Simons found the following bases for finding that the State Constitution implied such authorization: authorization was appropriate in the furtheranceof the purpose ofthe Constitution's Equal Protection clause and ban on unreasonable searches and seizures. Simons also decidedthat courts have a duty to enforce constitutional provisions because they are worthwhile of protection on their own terms and that the authorization may be found by looking to common law antecedents ofthe Constitutional provisions. Simons held that both equal protection and the ban on unreasonable search and seizures found in the State Constitution were rooted in principles that were well established in the common law prior to the American Revolution. These com- ing a damage remedy also is consistent with the purposes underlying the duties imposed by the equal protectionand search and seizure provisions, he stated. Finally, Simons held that the other available remedies to constitutional violations, injunctive and declaratory relief, were not sufficient deterrents. Therefore, authorization for damage suits for violations ofthe State Constitution could be implied within it. "No government can sustain itself, much less flourish, unless its affirms and reinforces the fundamental values that define it by placing the moral and coercive powers of the State to define those values," Simons stated. "When the law immunizes official violations ofsubstantive rules because the cost or bother of doing otherwise is too great...the integrity of the rules and their underlying public values are called into question." Judge Bellacosa dissented. He argued that the State Constitution grants the legislature the responsibility to define the subject matter of the Court of Claims. Authorization for an expansion of the subject matter jurisdiction of that court See Courtwatch, page 8. OuilaWy cont'd from page L among themselves and to have more equality, For the issue ofrelationship suffering, Robson used the poignant example of th« story of Sharon Kowalsky and Karen Thompson. After Kowalsky was badly injured in a car accident, her parents were named guardians iastead of Thompson, who the court claimed had no legal relationship to Kowalsky. Kowalsky's parents denied Thompson any visits with her partner. Eventually, afteralawsuit andyears of suffering, Thompson was named guardian. However, this was not a true victory. The court claimed the only reason itnamed Thompson gwardian was because no one else wanted the job. If Kowalsky and Thompson's relationship had been legally recognizable from the beginning there would have been much less turmoil. Recognition of same sex marriages SDFSDFDS wouldalso allow homosexual couples to avail themselves of the same benefits heterosexual couples have. Currently same sex couples cannot get tax breaks, sue fox wrongful death [of a partner], or share in each other's insurance benefits. Homosexuals would also like rights as against each other. "Not all gay relationships last forever, just like heterosexual relationships. We want theright to sue for custody and property. Because the legal system has rules for exclusion, gay couples are suffering by comparison to heterosexuals," Robson declared. Robson suggested the abolition of legal marriage would accomplish these goals as well, and would "prevent the state from using marriage as a conduit to its own ends." Robson closedby saying, "Same sex marriage is an opportunity to challenge the status of state imposition on the intimate relations of the governed." �THE OPINION 6 NEWS/FEATURES March 12, 1997 Law Students work with student groups to educate community about date rape by Kristin Greeley, NewsEditor The Student Union Theater was nearly full of students who wanted to witness the case of People v. Tom Smith last Monday night. Smith was "charged" with first degree rape. This mock date rape trial was sponsored by the Anti-Rape Task Force, the Health and Human Services Department, Group Legal Services and the Linda Yalem Memorial Run. It was intended as an educational means ofshowing what may happen in a case of sexual assault. Erie County Court Judge Hon. Sheila DiTullio presided over the trial. A jury was randomly selected from the audience. Anti-Rape Task force president Danielle Licitra told the audience that the procedure of the trial wouldcloselyresemble that of a real trial, and that the outcome had not been predetermined. Participants in the "case" included Nathan VanLoon as the defense attor2L Wilfred ney, 3L Anigekwu as an assistant defense attorney and 3L Tom Schleif as prosecutor. Also participating in the trial were undergraduates Jessica Walters, Stacy and Chris Spicer. Walters is a counselor withthe Rape Crisis Center. Stewart, Spicer, and Frank the night of January 16. During the course of the night, she met Smith (Flansberg), and talked and danced with him most ofthe evening. When her friends decided to go home, she wanted to stay with Smith. Smith agreed to take her home later. Instead oftaking her home, however, the two went to Smith's house. Fhere, they had something to eat, then went to bedroom, Smith's rhings turned physical, md Green testified that she said "no" to Smith several times, but that he did not listen. Smith al2L Nathan Van Loon addresses the student jury. leged that she originally intern at the Sex Education Center. said "no," but later consented to sex. To complicate matters, it was disFlansberg is an ARTF Coordinator. Lt. David Mann of the Sex Offense Squad of covered that Green's roommate, Chasthe Buffalo Police played the role of the tity Stewart (Stewart), had dated Smith for three months about a year ago. investigating officer. The facts of the case were similar to Stewart was at the bar with Green that a typical situation that might result in a date rape. The victim, Kelly Green Smith and his roommate, Chris (Frank), was at a bar with some friends on Spicer (Spicer), testified that Stewart has harassed Smith since he broke off the relationship last December. Stewart allegedly called Smith repeatedly, waited for him outside his house, and left notes on his front door. Frank gave very emotional testimony as the victim. Folllowing the charge by JudgeDiTullio, thejury deliberatedfor about fifteen minutes. They returned a verdict of not guilty. Licitra said she got the idea for a mock trialby calling similarorganizations at other colleges and universities for ideas. Perm State University has a similar program each year. Her supervisor liked the idea, and she began planning it in October. After the "trial," Judge DiTullio said thatshe thought it was "fairly realistic. "She also noted that until the early 1980s, a victim had to show "earnest resistance," meaning physical resistance, in order to prevail. A special unit in the Erie County DistrictAttorney's officeprovides victims with emotional counseling and ensures that only one prosecutor works on any one case from start to finish, DiTullio said. According to her, the conviction rate for sex crimes in Erie County is 92%. Frank. Chastity Stewart. David Flansbere "Outside of the killings, Washington has one of the lowest crime rates in the country. " Marion Barry, former mayor of Washington, D.C. Prof. Robson Speaks on Class and Sexuality by Kristin Greeley, News Editor In anticipation of her appearance at "A Work in Progress: Justice for Lesbians and Gay Men," Professor Ruthann Robson spoke before a groupof students last Friday on the topic of Class and Sexuality. Professor Robson is a professor of Law at CUNY Law School. She is the author of eight books, and is one of the foremost scholars on lesbians and the law. Her lecture was based on a chapter from her baokSappho goestoLaw School. Professor Robson began by saying that the issue of class often gets marginalized in the lesbianand gay community. Her definition of "class" includes both economic status as a social marker and economic relations and participation in a market economy. Using an example of someone being passed over for a job because of the clothes they wore to an interview, Professor Robson posited that class discriminationis often not considered real discrimination. In these situations, the response typically consists of advice to the target of discrimination, not outrage or recognition of the discrimination itself. Robson suggested that there should be a cause ofaction for class discrimination, as well as already recognized forms of discrimination. Otherwise, she said, class discrimination becomes accepted. According to Robson, this relates to the lesbian community in that lesbians are often concerned with being the "right kind" of lesbian. The "right kind" of lesbian is that which has been deemed appropriate by the mass media. Thus, in this "commodification" oflesbianism, lesbianism becomes something that can be bought or sold. The purchase of certain products becomes political progress. The problems that arise from commodification include the failure to address the policies of the "new right" and the compromising of new legal reforms. According to Robson, it is not simply enough to have sex-orientation discrimination policies, "We must also not perceive justiceas only for those who can purchase it." "We should be thinking about what it is we really want to do rather than thinking that buying things is enough," said Robson. Looking for a wayto i express yourself?] Join The Opinion! W ? 're open to all forms of \ expressions.. . / Testimony, cont'dfrom page 1 grcsMonal guidelines. At the end of the course, the students hadto write a 10-15pagepaper on any provision ofthe newlaw and how it would affect a certain group of people. They were also requi red to writea mock legislative memo about the law. 1LKinda Serafi describesthe class as "very intense, passionate and closeknit...the policy views in the class were veTy diverse, but we were supportive of all of them." About a weekafter the class ended, Serafi found out that the Chairs of the New York State Assembly's Ways and Means Committee (Herman D. Farrell, Jr.), Standing Committe on Children and Families (Roger L. Green) and Assemblyman Sam Hoyt, D-Buffalo, would be in townto hear open testimony about how the law would affect citizens. Serafi decided to organize a group of students to testify. Originally, about 15-20 students were scheduled to attend, but the day before the testimony, Serafi was notified that they would orrly be given a total ofeight minutes for ora} testimony. Ultimately, 12 students attended. Ten submitted writen testi- V J I tnony and two gave oral testimony. The twelve students who attended Stephanie Minei, James Ross, Kinda Serafi, Mindy Maranca, Mike Chmiei, Toni Frain, Wilfredo Tellado, Joanne Wong, Denis Uminski, Corrinne Carey and Micheie Sterlace-Accorsi. Stephanie Miner gave oral tesimony on the issue ofchild care allocations and the workrequirement. James Ross gave testimony about the barriers to higher education because of the work requirement and the effects ofthe law on legal immiweie: grants. The UB students w,re among the first to testify as members of the local legal community. Their testimony followed that of James M. Morrisey, Esq., Director of the Western New York Law Center. Morrisey had lectured during their class and helped organize their testimony. "I was inspired and pleased to be a part of a group ofstudents socommitted to the public interest and to have our academic research applied to something so important," Serafi said. The Opinion staff wishes you a safe and relaxing 1 J �NEWS/FEATURES March 12, 1997 THE OPINION Financial Aid Woes not Due to Late Grades . WITH BUTTER EXTRA hy KriX&tw, &&&,? and Sctrtt Frycek, Features Writers by Julie Meyer, Managing Editor Fools Rush In Rating Legend 4 gavels A must See 3 gavels Why Not? 2 gavels Nan! 1 gavel-No Way! -- Hers This long distance dedication goes Friends star Matthew Perry... "so no one told you life was gonna be this way, your job's a joke, your broke, your MOVIE CAREER'S DOA!" It takes a great actor to make the leap from TV to feature films, guess what?Matthew Perry isn't one ofthem. His recent attempt at movie stardom, Fools Rush In, is as sad as Ross and Rachel's break-up. The plot ofthis movie is, for lack of a better word, dumb. Alex, played by MatthewPerry, is awealthy work-a-holic that meets the love of his life while waiting in line to use a uni-sex bathroom. Isabella, played by some random chick, is a spicy Las Vegas photographer with a stereotypical protective mexican family. Quite predictably, one night of lust turns into the romance of the century for Alex giggle everytime she was on the screen (unfortunately this wasn't often). Other than that, the sound track was cool and I really enjoyed the previews. Heed my advice, you're better off watching two straight hours of Friends then suffering through Fools Rush In. Rating: 1 1/2 Gavels outto and Isabella when they find out more than just love was made that night. Okay, there were some good points this movie. For example, the actress that played Isabella's sarcastic andbitter to friend Lanie, was a riot. She made me His If there truly are signs everywhere, where were they before I decided to see this movie. Signs like "Caution: this film has been done before", "Warning: these people cannot act", or "Stop and save your money" would have been extremely helpful. Simply put, "Fools Rush In" is a generic, fluffy, lame-ass attempt at a romantic movie. The title more accurately describes its audience members rather than its characters. The biggest problem with "Fools" is that the main premise of the movie had been done to death. The idea of two people from different cultures brought together by fate is tired and pathetic. If that wasn't bad enough, the actors por- 7 traying these characters lack any semblance of chemistry between the two of them. At the very least, the producers could have provided us with actors who can really heat up the big screen. To make matters even worse, these "thespians" cannot even act. Although Selma Hayek is hotter than hell, she has a real problem delivering her lines with the type of emotional intensity required for the role. Matthew Perry either comes off as either uncomfortable or really bored. If he has plans of one day being rescued from the cast of"Friends", he' d better be a little more selective in the roles he selects. In the end,"Fools Rush In" is a weird hybrid of "I Love Lucy" and "While You Were Sleeping". Any humor that is derived from the various cultural nuances among the characters is buried by the combination of a predictable plot and really bad acting. If this review hasn't convinced you already, I think itwould be extremely "foolish" to waste your money on this one. Rating: 1/2 Gavel Rumors have been circulating throughout the school regarding possible financial aid problems due to professors turning in grades late. TAPandSUSTA grants are based on students completing at least twelve credits each semester. Since some professors have yetto turn in their grades from the Fall semester, students feared that UB could withhold transcripts or prevent them from registering for future semesters if late grades prevented them from completing the required twelve credit hours. However, Karen Waltz, Assistant Dean for Student Services and Registrar, states that only those students who received extensions to complete any class work or who registered for less thantwelve hours last semester will have problems with their TAP and SUSTA gTants. All other such grants have been restored despite any late grades and this fact should have appeared on the last bill. If students owe any money other than TAP or SUSTA, their accounts are checkstopped and they will not be able to receive transcripts or register for this current semester. Such accounts do not arise from late grades unless the grades result from work not being completed in a previous semester. Students will not be penalized forprofessors turning i n grades late. However, they must plan ahead for any incomplete grades that cause their tolal number ofcompleted credits to drop below the required twelve hours. • FREE admission to all Law Student Council programs • FREE admission to NYSBA'sAnnual Meeting • FOUR publications: The Council Reporter | The State Bar News The NewYork State Bar Journal New York Law Digest • Discounts on most of TWENTY specialty interest sections • Awards & competitions for legal writing advocacy and research • Discounts on continuing legal education and practical skills seminars • Choice of insurance plans • Skill & management advice from the Law Office Economics & Management Dept. • • Guidance on pro bono opportunities Professional and personal money-saving discounts To reach success by phone call 518.487.5577 TO REACH SUCCESS BY MAIL SEND THE COUPON Ten dollars. That's all it costs to be part of one of the best networking resources you'll ever have now and throughout your legal career — the New York State Bar Association. , Ten dollars to be in the same association with some of the most powerful forces in the legal profession. _ Ten dollars . to be in on the Law Student Council's professional and social programs, and to run with your peers who are on the fast track to becoming the stars of tomorrow. ' Join now and You can make more contacts in less time for less money than many other sources available to you. NYSBA's membership has always included the leading lights of the legal profession, and 1997 is no exception. Tirt* Membership Department New York State Bar Association One Elk Street, Albany, NY 12207 I NAME STREET I ■ CITY ""ZIP STATE LAW SCHOOL GRADUATION DATE DATE OF BIRTH PHONE NUMBER ~~ bum, vv Ybrk State Bar Association nvsha | �THE OPINION 8 NEWS/FEATURES March 12, 1997 BPILP Auction Brings In $7000 SBA, continuedfrom p. 8. Over 200 show support for the student group name and group were unspecified, made by Jessica Murphy, Editor-in-Chief The Buffalo Public Interest Law Program (BPILP) annual auction raised over $9000 between ticket sales and donations this past Saturday night. BPILP hosted over 200 guests at the Calumet Arts Cafe to raise money for its Fellowship Program. The BPILP FellowshipProgram provides fundsfor a number of UB Law students, enabling them to work in traditionally volunteer public interest summer jobs. Last summer, BPILP provided thirteen students with $2000 each. 2LTheresa Cusimano and2L Kristen Nowaldy planned the entire auction with help from BPILP members. Cusimano suggested last year that BPILP have an auction in the first place. Last year's auction raised $3500. 2L Scan O'Buckley acted as Auctioneer throughout the evening, making jokesand making money for the group. Both Cusimano and Nowaldy were excited by the "fantastic turn-out on such a bittercold Buffalo evening. Our second annual auction doubled in size, tripled in items available for bid and doubled in terms of profit." The goal of the auction was not only to raise funds for its fellowship program butalso to start a campus tradition ".. .where students, faculty, staff, alumni and members of the legal community could come together under the UB School of Law umbrella," said Cusimano and Nowaldy. O' Buckley said, "I was honored to be invited to be a part of such a spectacular event. All of the BPILP members, especially Kristen Nowaldy and Theresa Cusimano, should be commended for working so hard to make the Auction a success. BPILP is an example for every student organization." Student, faculty and staffreaction to this event was more than positive. 3L Jim Gerlach said, "The turn-out was impressive. It was especially encouraging to see the large number of faculty who donated goods and services for the auction as well as the number who showed up to bid on items." 2L Brigid Lyons said, "Supporting a great cause has never been so much fun! The entire event was elegant-great music, great food and wonderful things to bid on. I can't wait to go back for more next year." Professor Oren Zeve, "It was a great social event. I had an opportunity to talk to students I don't see very often." Dean Alan Carrel, "The Law School owes a debt ofthanks to Theresa Cusimano, Kristen Nowaldy and everyone else who did such a spectacular job organizing the auction. Countless hours were obviously spent planning, coordinating and implementing every detail to create such a successful evening. It was wonderful to see a member of a student group, whose faculty, students, alumni and friends of the law school enjoying each other's company for such a worthwhile purpose." BPILP has undergone radical changes in the last two years. Before 3L Leslie Platt took over the organization last year, BPILP hadbeen funded by the Law School and run by graduate student assistants. Last year marked BPILP's first year as a totally student run organization. The auction was begun last year to raise funds. Top bids forthe auctionwent to the West Bar Review Courses, which garnered $500 each. Soyata Computers donated a 486sx harddrive and monitor, which earned BPILP another $410. 2L Eileen Duggan paid $125 for Professor LucindaFinley'sSc/jenciv. Pro-Choice Network Supreme Court briefand handmade feather quill pen. 2L Leila Hilal and friends paid $230 for a winetasting hosted by Professor Lucinda Finley. In total, BPLIP cleared $7000 from donationsalone, and ticketsales brought in $2100 which covered the cost of the Calumet Cafe bill. BPILPs Interest on Lawyer's Account Grant raised over $9000 dollars this year, and BPILP's phone-a-thon raised $4000. BPILP Fellowship Applications are presently available in the CDO through March 26th. Completed applications may be dropped off in the CDO and are several phone calls, resulting in charges of$23 to last month' s bill. Those charges were subsequently paid off by the student. This month, however, $17of additional charges wereaccrued by thatsame individual. Sanctions, if any, are undetermined at the present time. The Facilities Committee then gave a detailed report on the development of the new O'Brian studentlounge, planned to be open to law students only in at the beginning ofthe next Fall semester. An anonymous alumnus has offered to underwrite the refurbishing of the firstfloorlounge; the snack machines will be moved out, and an interior decorator will be hired to give the room a "classy, traditional" look; The Facilities Committee has also gotten approval for six signs to bear the name of the law school at various parts of the interior of the building. Plans for an exterior sign are waiting for the review of the University at large. IL, Brenda Torres then made several suggestions for the role of the SBA in the future. Her first thought was that the SBA should take an active role in helpingprospective students tour SUN V Law and decide to attend the school; She then suggested that theSBA adopt a large, traditional endeavorwithwhich to bolster itsreputation at the law school,a scholarship or donation. The meeting adjourned at 6:55 pm. due on March 26th. The UB Law Review hosted the Cyber-Law Conference this past weekend. It was a smashing success. Look to next issue for the details. Barrister's Ball 1997 —More to come next issue! Courtwatch, continued from page 5. must be expressed,not implied, hestated. In Bellacosa's view, the state has never surrendered its sovereign immunity against constitutional tort claims except where they have a traditional tort law equivalent (such as assault, false arrest or malicious prosecution). Beliacosa contended that the majority opinion failed to recognize the profound differences between constitutional torts and common law torts. He denied that constitutional torts were equivalent to, or derived their essential nature from any common law tort, precluding the Court from using conventional tort theory to resolve the subject matter jurisdiction and sovereign immunity issues without legislative authorization. Beliacosa also stated that the majority wrongly permitted the State to be sued vicariously for the actions of its employees in violation of MoneH v Department of Social Services of the Qtyo(NewYpfk436 U.S. 658. Simons responded in his majority opinion that - such violations are already authorized by statute and that Monell was inapposite, because that case involved interpretation ofthefederal statute enabling civilrights suits (§ 1983). Beliacosa also statedthatthere were adequate remedies in the stateCivilRights laws and that there would be little deterrent value in holding the state, rather than the officers themselves, liable. Even if the need of a private damages remedy was established, this "does not warrant the conferral of subject matter jurisdiction over such a claim in a court of limited, special powers," Bellacosa stated. The Court of Appeals in its holding the Brown case, granted citizens anin other weapon to enforce their rights under the state Constitution. More importantly, it is yet another step away from repudiated view that the "state can do no wrong" that is the theoretical underpinning of the sovereign immunity theory. Two 3L 's strike a pose. 2L's enjoying friends and fun. Editor's Note: Due to a film exposure accident, most of our pictures ofthe Barrister's Ball were never a reality. However, ifyou have a GREATpicture you'd like to submit for a photo spread in the next issue, please drop off a NEGATIVE (color is fine) by 3/24/97 in the basement ofO'Brian Hall, Room 7. We'll return the negative to you. Please also include your name and your box number, as well as which picture you'd like for us to print. THANKS' �March 12, 1997 FEATURES THE OPINION BPILP AUCTION ACTION! 9 �THE OPINION PUBLIC SERVICE ANNOUNCEMENT pi* ' BKfc:-:-:':: :-:':-i5qBHK '"^BHBfifljgßoij"*" HHIUiIG »■*■-■- '■ : HHR:::-:-,:y,: ::3g8«T-, "My ' :-^»afll driving a motorcycle when he was hit by and killed. In the hospital was the most difficult time son, a car -'' ' "■...-; Daku, , of my life. But because we had discussed organ and tissue donation, it helped me, it helped my family, it helped everyone in making the decision to donate C\yfjslVl his organs and tissues. Every day I tell people, talk it over. Don't "■^^■^^^■^L™^^,^^, be afraid." For your free brochure Share your Share your dedsion about organ and tissue donation, (Sine! call 1-800-355-SHARE. Coalition on Donation \^l&*^ ' " f!Wi - 10 Photo by Gregory Heisler March 12, 1997 �March 12, 1997 PUBLIC SERVICE ANNOUNCEMENT THE OPINION 1 I I I Wβ- I I wmm 9 Bel - OG|Rv! .'X h ■■ ',■•:";-.:/: W ■ - %ss&& .. li' -'yvv β^be I ■ I Nw&iffi!&u< V , B '' ■■ -_-.'.' .■.■ *-. ■ . ■ ■ ■ '.'.-.'-'.'.'.'.'.'.'.'.■ ■.■ . n .■ ,■ , p^pft. ■!■'■!'»;-!-1 ,-. 9BE I;:;:.-: : :.V:;:>;:::: : . . -;..-x " IB ■' Talking with a friend who's being beaten up by her husband will never be easy. We understand that you want to say just the right thing, in just the right way. If you need help finding the right words, call 1-800-END ABUSE and we'll send you useful information and suggestions. Whatever you do, however, don't wait too long to offer her your help. At least one out of every three murdered women is killed by her husband or boyfriend. So your friend might not have the luxury of time. RHfiß < , T" for Domestic Violence. (Sincfl 4 ... * 1 ... 1 Prevention Fund �12 I I I ADVERTISEMENT THE OPINION March 12, 1997 Did you know that... more than 225 BUFFALO LAW GRADUATES BAR/BRI I I I I February & July 1996 New York Bar Exams I I I I I I Speak to Buffalo Law alumni and find out why the overwhelming majority of students choose BAR/BRI for their bar exam preparation. I I I I Buffalo Law's #1 Choice for Bar Review I I I I I I to prepare them for the (bwdbri BAR REVIEW Trust die POWER OF EXPERIENCE™ to Work for You I I � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Opinion, 1997-03-12 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. The Opinion no. 9 12.03.1997 Date Issued Date of formal issuance (e.g., publication) of the resource. 3/12/1997 Bibliographic Citation A bibliographic reference for the resource. Recommended practice is to include sufficient bibliographic detail to identify the resource as unambiguously as possible. 37 9 Publisher An entity responsible for making the resource available University of Buffalo State University of New York at Buffalo Law School Language A language of the resource eng Type The nature or genre of the resource Newspapers Text Is Part Of A related resource in which the described resource is physically or logically included. LIB-LAW003 Rights Information about rights held in and over the resource <a href="https://rightsstatements.org/page/CNE/1.0/">COPYRIGHT NOT EVALUATED</a>. The copyright and related rights status of this Item has not been evaluated. Please refer to the organization that has made the Item available for more information. You are free to use this Item in any way that is permitted by the copyright and related rights legislation that applies to your use. This digital collection is made available for research and educational purposes. Researchers are responsible for determining copyright status, and securing permissions for use and publication of any material. Copyright for items in this collection may be held by the creators, their heirs, or assigns. Researchers are required to obtain written permission from copyright holders and the University Archives prior to reproducing or publishing materials, including images and quotations. For inquiries about reproduction requests and permissions, please contact the <a href="http://library.buffalo.edu/archives/">University Archives</a>. If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/22bdd5be9debd1f15ccc5750dbc9d607.pdf 56cc6328cc9ef6171e026187c97d930f PDF Text Text J NEWSChief NYSAG ami Justice of State Supreme Court speak at Annual A lumni L uncheon. See pageS. J OP\ED I Middle of the road not the best place for the Supreme Court to be. See page 4. JI FEATURES I BPLIP Summer 1996 Fellow- ship Recipients Recount Experiences. See page 6- 7. I Bringing the issues to the students since 1949 THE OPINION Volume 37, No. 8 STATE UNIVERSITY OF NEW YORK AT BUFFALO SCHOOL OF LAW Supreme Court upholds buffer zones around clinics & strikes down bubble zones by Kristin Greeley, News Editor Last Wednesday, the nation's high court handed down its decision in the case olSchenckv. Pro-ChoiceNetwork, No. 95-1065. UBLaw ProfessorLucinda M. Finley argued the case before the Supreme Court on October 16 of last year. The opinion, written by Chief Justice William H. Rehnquist, upheld both the fifteen-foot buffer zone around abortion clinics and their entrances and driveways, and the cease-and-desist orderthatthe original injunction placed on sidewalk counselors. The Court struck down the provision mandating a fifteen-foot "floating bubble zone" around each person entering the clinics. The "bubble zone" was overturned by a vote of 8-1, with Justice Stephen G. Breyer as the lone dissenter. The other two provisions were upheldby a vote of63. Both Justice Breyer and JusticeAntonin Scalia wrote separate opinions, concurring in part and dissenting in part. Justices Anthony Kennedy and Clarence Thomas joined Scalia's opinion. In striking down the floating buffer zone, the Court said, "they burden more speech than is necessary to serve the rel- Opportunities for human rights work rewarding for UB students by Kristin Greeley, News Editor In an attempt to increase student awareness and interest in international human rights, the Human Rights Center sponsored a panel to discuss internships in this area of law. The panel consisted of threelaw students who worked with international human rights organizations over the past year. 3L Scott Johnson spoke about his work for the International Criminal Tribunal for the former Yugoslavia in The Hague, Netherlands. Whilethere, Johnson worked in the Office ofthe Prosecutor, in theLegal Advisory Group. The Advisory Group's purpose is to answer any questions about International trials for trial attorneys fromall over the world. Johnson said that he did a lot of substantive legal work focusing on treaties, international human rights conventions and comparative law. Since the criminal tribunal is new, Johnson was given a lot of freedom and little supervision. He said that many of the people he worked with Were very advanced in their educatioas, careers, and experience with international law and human rights. Working in such an environment gave him "a lotof confidence" in his abilities arid education. Johnson's advice to students was to leave their international law internship until their second summer, because they will have had an opportunity to take some courses in the subject. Also, he said students who are interested in this area shouldmake contacts withprofessoTs who have similar interests. The second panelist, 2L Kristin Long, spent this past summer working at the Women's Human Rights Center in Warsaw, Poland. Her interest inwomen's rights and international law led her to this internship, which was established by Professor Isabel Marcus. One of the major projects on which Long worked was a conference entitled "Gender Equality in the Labor Market.' This conference brought together over 50 representatives from more than 20 European countries to discuss the rapid social changes in Central and Eastern Europe and their effects on women. Long's internship was unfunded, which is often a major consideration for students with few resources. Long says there arc ways to find funding. She ultimately got funding from BPILP. "If there's an interest area, you can find...someplace to go, and probably get funding," she said. Heradvice to students was to start searching for an interaship and funding early. 2LJay Osjovitch stayed closer to home, spending last summer at the Minnesota Advocates for Human Rights in Minneapolis. Osiovitch worked on a project involving the implementation of economic, cultural and social rights regarding infant and chile mortality. Most ofhis workcentered on legal anc theoretical research, but he was also able to experience all aspects of the organization, from boatd meetings to greeting foreign visitors. He alsotold students not to be discouraged if they didnot get an internship with a large organization. A small organization can help to get experience and make connections. evant governmental interests. The floating buffer zonesprevent defendants...from communicating a message from a normal conversational distance...This is a broad prohibition, both because of the type of speech that is restricted and the nature of thelocation...because this broad prohibition on speech 'floats,' it cannot be sustained on this record." Schenck v. ProChoice Network, 1997 U.S. Lexis 1270, 34. The Court said that the fifteen-foot fixed buffer zones around doorways, driveways, and driveway entrances "are necessary to ensure that people and yeSee Finley, page 5. Cyberlaw Symposium to be Held March Bth by Terrence McNamara, Columnist The Buffalo Law Review and theLaw School will be jointly hosting "Cyberlaw: Legal Doctrine & Practice in the Age of Cyberspace" next Saturday, March 8, in O'Brian Hall. Registration for law students is now free. UB Law alumnus Daniel Weitzner, Deputy Director for the Center for Democracy and Technology, will be returning to the school to deliver the opening remarks that morning. Mike Godwin, Staff Counsel for the Electronic Frontier Foundation (EFF), will be delivering the Keynote Address at 5:15 p.m. EFF has been involved in the battles over cyberliberties in two recent, very public cases. This March 19th EFF will be one of the lead plaintiffs in front of the Supreme Court inACLUv. Reno, abattle over the federal Communications Decency Act. The case deals with the struggles in applying a local, "community standards" test to activities conducted over the Internet. Two separate programs have been made available for the day allowing for attendees to focus on particular concerns. Session A addresses the academic and theoretical concerns of cyberlaw, while Session B is more closely related to practitioners' needs. Many of the activities will become available as real audio, posted to the Symposium's website in the days following. For more information on the event, you can visit the Cyberlaw Symposium Web Page at http://wings.buffalo.edu/law/ blr/cyberlaw. The registration deadline is March 3. Contact the Law Review, 605 O'Brian, at 645-2059 to register. February 26,1997 1L's Compete for International Moot Court Spots by Kirn Fanniff, Asst. News Editor First years have enthusiastically welcomed the chance to participate in this year's Fasken Moot Court Competition. The Faslcen competition offers the only chance for lL's to show their oral advocacy skills. According to tournament director, 3L Bill McDonald, 95 students have submitted letters of intent. This year, as in the past, the problem for the students is a watered down version of the brief the team writes for the Jessup International Moot Court Competition. The competition begins with a practiceround for students to get feedback on their presentation. "The practice rounds are invaluable as a learning experience, really thewhole competition is," said McDonald. After the practice rounds usually 70 studentschoose to compete in the firstround. The numbers are halved for the semifinals and again for the finals. Ten students (8 team members and 2 alternates) from the finals will be chosen to represent the school at the Fasken competition in Toronto. The practice and first rounds are judged by members of the Jessup board. Alumni and team members judge the semi-finals and finals. "In order to keep things as fair as possible we tTy to have alumni judgethefinals,'rsaid McDonald. Also in the interest of fairness the scores of all competitors are normalized. The standard of deviation for the judges is computed and then scores are adjusted accordingly. The top 20 to 25 competitors are chosen for the JessupBoard. As a board member, the students will help run the Fasken competition the following year. The team for the Niagara competition is also chosen from the board. If students do not make the board in the springthey still have a chance in the fall. The Board has a smaller intramural competition for students who wish to try to make the Regional Team. "I can't remember a year when we haven't had some students in the fall competition completely dazzle us and makethe team. All the first years should not be discouraged ifthey don't make the Board in the spring," McDonald said. �THE OPINION 2 FEATURES February 26, 1997 BUFFALCHIPOS Ten Years at UB by Terrence McNamara I started school here at UB seven years ago as an undergrad. I've spent serious time on the campus since seventh grade. I've seen a lot of things come and go. Good, bad, indifferent... This place has institutional memory. Since 1986, I've seen the following: The fight for Division One sports. The fight over Division One scholarships. The construction of the new Student Union, the Math Sciences building, the Performing Arts Center, the new medical building, and the new stadiums, two of them. The move from the IBM mainframe to the VAX to the UNIX to the Internet. Creation of the computer labs. Institution of the transportation fees. Institution of the technology fee. The no vaccination card/no bus ride fiasco. Graduate student unionization. Tuition hike rallies in Founders' Plaza. Buses of students going to Albany. I saw a woman my brother dated beaten to within an inch ofher life, and the struggle to catch and prosecute the man. I saw the aftermath ofLinda Yalem's death, and the fear that stillremains over the bike path. A student jumped from the Main Street dorms. My fraternity brothers were beaten senseless at the Marine Midland on Main Street for their cash. One still sees with doublevision. Sigma Alpha Mv lost brothers when their house burnt down. Members ofthe women's rugby team had their house burn. The city got serious with the . slumlordsfor a while. Studentsrallied on the Boulevard for their brethren in Tianenman Square. A prolife group sued the University for not protecting their little cemetery on the front lawn. Student government leaders were busted for embezzlement. A professor suedthe University. He was from theLaw School if I remember correctly. The University Bookstore was stung by the student government for price gouging and nothing happened. Coke was given a monopoly over the campus. The Commons was built,and Food Service whined about competition. But there's also very good things that go on annually instead of just once. The Greeks raise tens of thousands for Children's Hospital. ARTF gets women home safely. Baird Point. Walkathons for Multiple Sclerosis. Red Cross Blood Drives. Food Drives. Speakers at Alumni Arena or Slee Hall, including Andrew Young, Leonard Brezhynski and Carl Sagan. Buffalo Philharmonic concerts. The Zodiaque. Kathryn Cornell Theater. The Pfeiffer. My point is that each one of us has a limited time on this campus. But the good or bad that we do, individually and collectively, lasts much longer than our short time herewouldreason. We owea duty to the entire university community to do what we can for future classes, whether in the Law School or in any other department on the grounds. Columnist I'm worried about the University right now. Anyone whoreads the undergTaduate publications knows that the younger people on campus are ripping each other apart, in every public meeting, in every published issue. What they do now may welloutlast their beliefs in what they have done and said. I believe that much of what is happening most publicly in the undergraduate community is in excess of what prudence, decorum and humanity dictate. But the damage they do now, to campus unity, and to student-administration relations, will go 0n... Long after they have gone. I am sure that there is much to be proud of happening in the undergraduate community as well. This has always been the way. If only it shouted so loud and so long that we could hear the other voice, the voice of peace, and of true embracing of differences of thought and opinion. I ask every one ofus to think, long and hard, about what we holddear to our hearts. When any of us wake in the morning, do we step out of bed with the hope that we can offend another's sense of decorum? Do we really need to embrace an in-your-face view on life, against those with whom we do not agree, or with whom we may be in competition for finite resources? Must our fights be with those that PIEPER BAR REVIEW mm FREE ETHICS MPRE REVIEW Announcing our locations for the M.P.R.E, Review for the March 14, 1997 Exam. LIVE LECTURE Sunday, February 16,1997 Fashion Institute of Technology Amphitheater Main Floor - �Enter at 7th Aye and 27th Street VIDEOTAPE LECTURES Saturday, February 22,1997 Albany Law School Buffalo law School George Washington Law School Hofstra Law School Law School O'Brian Hall Lerner Hall Law School VIDEOTAPE LECTURE Sunday, March 2, 1997 NYU Law School Vanderbilt Hall Room 110 VIDEOTAPE LECTURE Saturday, March 8, 1997 Fashion Institute of Technology Amphitheater Main Floor -- Room E-7/8 Room 109 Room L-201 Room 238 - - ***NOTE: All classes will run from 9:00 a.m. to 5:30 p.m. Walk-ins are welcome or call 1-800-635-6569 to reserve a seat. Each student that atlends will also receive a free 240 page MPRE. Review Book containing text and 150 MPRE questions _ Test Date: Friday, March 14, 1997 Regular Application Deadline: Late Application Deadline: February 14, 1997 ($45 00) March 5, 1997 ($90.00) THE PIEPER BAR REVIEW 1 -800-635-6569 _ we live with every day, if not literally then as a community? I don't think we do. I implore all of us to shun the path of hatred that is being espoused in certain areas of this University's community, and to leave a better place for everyone. We do this through our actions, whether public or private. In two years, I want to be proud of my school and what I have left behind for others. In another ten years I want to return and know that those behind me care more for theirlittle patch of grass than I did, because it has only increased in itsability to cultivate and inspireanother's soul than when I last tended to it. I think most of us do. W I i I k L Join The Opinion! It makes your resume pretty! For ■ more information come see us. We're located in Room 7, M basement of O'Brian Hall. M M �NEWS/FEATURES February 26, 1997 News Briefs THE OPINION ... In and Out of the University Across the US Drew Barry more to play lead in Cinderella Memories linked to sound If you hear someone complain that a Texas accent sounds like a foreign language, politely suggest that perhaps Who better to play Cinderella than a chain smoking ex-drug abuser like Drew Barrymore? Barrymore, who shed some of her vices and a difficult youth as a child star to become a darling of Hollywood, has won the lead role in a "Cinderella" remake, the Daily News reported Friday. The script was written by Susannah Grant, who wrote "Pocahontas" for Disney. But this fairy tale won't be a cartoon. With areported $3 million salary for the role, Barrymore, who will turn 22 Saturday, will be able to buy her own carriage and gown for the ball. t heirauditory cortex didn't develop quite right. Scientists believe that early in life, people's brains develop memories of sounds that enable them to recognize a given language. In the latest issue ofthe journal Nature, scientists from Estonia and Finland report that the memories seem to form in an area of the brain called the auditory cortex. Researchers from Helsinki and Turku, Finland and Tartu, Estonia, did brain scans of both native Finnish and Estonia speakers. Finnish and Estonian are similar languages, but only Estonians have a particular pronunciation of the vowel o. First the scientists played a vowel sound that was common to the subjects' native languages and monitoredthe subjects' brain activity. When a different vowel was played, the Finns' brains seemed to pick up on the change only if the new vowel was also from their native Partner Forced to Resign A partner in New York City's premiere law firm ofWilkie, Farr & Gallagher was forced to resign last month after being faced with evidence that he never submitted an application for admission to the bar. Jonathan D. Bassett, 41, graduated with honors from a top law school and passed the bar exam, but was never actually admitted to the bar. Bassett has been language. But if the new vowel was the Esto- nian o, the Finn's brains didn't respond as much. Conversely, the Estonian subjects' brains did pick up the on the Estonian o. Charles Darwin might never have revolutionized biology with his theory of evolution had he not suffered from a chronic mental illness that turned him into a scholarly recluse, a provocative new study concludes. Before he was out of his twenties, Darwin succumbed to a mysterious, debilitating condition that various authorities attributed over the years to bad nerves, tropical disease, arsenic poisoning, intellectual exhaustion dyspepsia, "suppressed gout" or other complaints. The condition, two physicians argue in a recent issueof the Journal of the American Medical Association, was most likely a form of panic disorder aggravated by agoraphobia. The combination kept the celebrated naturalist removed from society, and probably forced him to focus on the epochal concept of natural selection, according to Thomas J. Barloon and Russell Noyes Jr. of the University of lowa Collegeof Medicine. "Had it not been for the illness," they write, "his theory ofevolution might not have become theall-consuming passion that produced 'On The Origin of Species'". In a journal, Darwin described his malady as a "sensation of fear... accompanied by troubled beating of the heart, sweat, trembling of muscles." It was exacerbated by unfamiliar locations or the absence of a companion. James C. Ballenger, chairman of the Department of Psychiatry at the Medical University of South Carolina and a leading expert on panic disorder, said the new study is "entirely credible and convincing." sion. L Have something interesting Rm 7 O'Brian Hall. plausible" to "very likely" to "almost inevitable". Studies have shown that the Martian climate used to be warm and wet, like Earth's, and probably still contains vast quantities of water below the surface. Furthermore, Mars used to have many active volcanoes, which brought up heat and a rich stew ofchemicals from the planet's interior. This is exactly the combination volcanoes and hot water - that scientists now believe was the cradle of terrestrial life. Even today, vast numbers of simple microbes flourish near volcanic vents beneath the oceans. "All of the most primitive life forms on Earth live in this kind of environment, " said Michael Carr, a researcher with the U.S. Geological Survey, "Such environments must have been common on early Mars." of In honor of President's Day, albeit belated, here are some facts about our past Commander-in-Chief: The Buffalo City Council adopted a resolution regarding the location of UB Law School at their January 20th meeting. The resolution states that since the City is planning to build a new courthouse downtown, the Law School should be moved back downtown and combined with the new courthouse. The reasons the Council gave for this resolution were that the City is interested inredeveloping downtown, and that combining the new courthouse with the law school would be beneficial to both the school and the city. W f Even skeptics who contend the case for Martianlife is not proven agreed that a primitive form of biology is possible, even probable on theRed Planet but also many other heavenly bodies as well. They simply don't believe the 3.6 billionyear oldmeteorite that was greeted with enormous excitement last summer clinches the argument. Their opinions on the existence of President's Day School Resolution 1 I J A traveled to Panama. Roosevelt was also the first to ride in an automobile (1902); submerge in a submarine (1905); and receive the Nobel Peace Prize (1906). (Wilson was so honored in 1919). * Seven presidents were born in a log cabin: A. Jackson, Z. Taylor, M. Fillmore, F. Pierce, J. Buchanan, A. Lincoln and J. Garfield. * George Washington's formal education would be equivalent to about the fifth grade today. The formal schooling of Abraham Lincoln was barely a year. News at Home a mistake to declare Mars dead. Some Facts in Honor City Council Adopts Law you want to share ? Raging mad about the tuition increase ? Sick of parking ? Submit a letter to the editor. We want to hear what you have to say. We're located in For three days, astronomers, biologists, chemists and geologists debated the Mars question - one of the most momentous in the history ofscience - at a meeting of the American Association for the Advancement of Science. Scientists who six months ago reported potential evidence for ancient microbes in a Martian meteorite admitted in Seattle this week that they still don't have a definite answer. But they said it's extraterrestrial life ranged from "very practicing law since 1986, after graduating cum laude from New York University Law School in 1984. '"His response was,' I filled out all of the papers and I guess I just never completed it,'" saidJack H. Nussbaum, Chairman of Wilkie Farr. Law school classmates and colleagues described Bassett as unassuming but intelligent and were shocked that he had made the error. Practicing law without a license is a misdemeanor in New York and can be grounds for expulsion from the profes- Darwin's mental illness seen as an asset Is there now or was there ever life on Mars? * James Madison was the shortest Chief Executive at 5 feet 4 inches; Abraham Lincoln was the tallest at 6 feet 4 inches. William Howard Taft, who weighed 300-340 pounds, was the largest; the slightest was Madison who weighed less than a hundred pounds. * It has been reckoned that a private citizen would need an annual gross income of $350,000 in order to live as the President does and to receive the goods, services, and benefits whichaccrue to the Chief Executive. * Victoria Claflin Woodhull of the Equal Rights Parly was the first woman candidate (1K72). The first woman proposed as a candidate by a major political party was Margaret Chase Smithof Maine, whose name was put forth at the Republican National Convention in 1964. * William H. Tart was the first president to play golfregularly. * First to leave the UnitedStates was Theodore Roosevelt in 1906 when he SBA limits time Bar Review Courses can recruit A new policy has been implemented by the Student Bar Association. Starting this semester, bar review courses will be limited to one day of tabling per week. This policy came about as aresult of a discussion which took place last year. Bar Bri Vice President, Erica Fine approached SBA President George Hamßoussi andasked why University at BuffaloLaw School did not have a policy on tabling. She said that most law schools had a policy and Bar Bri wouldbe willing to go along with any decisions made by SBA. Since there were not many complaints and it was not a pressing issue at the time, nothing was done as a follow-up to the conversation. The subject was again opened for discussion when the SBA received many complaints from lLs this year. Many lLs felt that the tabling was annoying and harrassing. They did not like having their mailboxes stuffed week after week with the promotional materials from each of the bar review courses. Many students felt that it was getting out of hand. lLs also thought that since they did have to deal with the bar for three years, it was too early to choose a bar review course. They consideredthe lockin price to be a tremendous pressure for them to sign up. There were differences in the bar review courses and 1Ls wanted to know the details before they committed to any particular one. These criticisms finally led the SBA to discuss and implement the present policy. Members of the SBA felt that it was a good idea because it was fair and gave each of the bar review courses the same opportunity to recruit students. Student representatives of the bar review companies do not agree with the policy, since they must fulfill a certain amount oftabling hours, and a reduction in tabling hours would greatly affect their ability to meet sales requirements. Furthermore, since all of the representatives from any one company would be scheduled to table for the same day, it may be difficult to determine who should get credit for a particular sale. not ** This story was compiled by Cindy Huang, News Writer at the Opinion. Information for News Briefs came from various sources, including the Buffalo News, Newsweek and U.S. News and World Report. 3 �EDITORIAL THE OPINION 4 February 26, 1997 Tell us your opinion! If you have an opinion on anything published in ournewspaper or on any current topic that concerns the law school community, write to The Opinion. Letters to the editor arc best when written as a part of a dialogue and must not be longer than two pages double-spaced. Perspectives are generally opinion articles concerning topics ofinterest to the law school community and must not be longer than four pages double-spaced. All submissions are due the Wednesday before we publish in box 755. Your submission must be typed, single-spaced, and submitted on p:iper and on a computer disk (IBM-WordPerfect 5.1 formal*. Send your submissions to The Opinion office events i i-7 vi 37, No. Volume 8o \/ Founded 1949 _, , ~ IftfV7 1997 February 26, Jessica V. Murphy Julie E. Meyer Editor-in-Chief Managing Editor STAFF Business Manager: Scott Bylewski News Editor: Kristin Greeley Features Editor: Michael SantaMaria Photography Editor: Sami Manirath Art Director: David Leone Layout Editor Rochelle Jackson LETTERS TO THE EDITOR Assistant News Editors: S.A. Cole, Kirn Fanniff Senior Editor: StevenBachmann Dietz The Opinionis. a non-profit, independent, student-owned and runpublication funded by advertising fees. The Opinion, SUN V at Buffalo Amhersl Campus, 7 John Lord O'Brian Hall, Buffalo, New York 14260 (716) 645-2147. The Opinion is published bi-monthly throughout the Fall and Spring semesters. It is the student newspaper of theState University of NewYork at Buffalo School ofLaw. Copyright 1996 by The Opinion, SBA. Any reproduction ofmaterials herein is strictlyprohibited withoutthe express consent ofthe Editor-in-Chief and piece writer. Submission deadlines for letters to the editor and Perspectives are 5 p.m. on the Wednesday preceding publication. Advertising deadlines are 6 p.m. on the Friday preceding publication. Submissions may eitherbemailed toTheOpinion, dropped offunderr/ieO/wiionofficedoor (7 O'Brian Hall), or placed in Box #755. All copy must be typed, single-spaced, andsubmitted on paper and onacomputer disk (IBM-WordPerfect 5.1). Letters are bestwhen written as a part of a dialogue and must be no more than one page. Perspectives are generally opinion articles concerning topics of interest to the law school community and must be no more than two pages singlespaced. We reserve the right to edit any and all submissions as necessary. The Opinion will not publish unsigned submissions. We will return your disks to your campus mailbox or to a private mailbox ifa self-addressed stamped envelope is provided. The Opinion is dedicated to provide a forum for the free exchange of ideas, therefore not all theviews expressed in this newspaper are necessarily thoseof theEditors or StaffofThe Opinion. Protect Yourself, Those Around You from Sexual Assault To All Members of the U.B. Community: Sexual assault, sexual abuse, sexual harassment, stranger rape and date or acquaintance rape are monumental problems for our society. Unfortunately, college campuses are not insulated from EDITORIAL: FASDFDSF these harsh realities. It is highly likely that as a member of a college campus community, you will know someone who is or will be a survivor ofrape, assault, abuse or harassment. As we face this problem, there are important we can take to assist someone who has been victimized. If someone who has been raped or assaulted chooses to come to you, as a friend, for support andassistance there is much you can do for help: Note: Both men and women get raped and assaulted. The suggestions below are framed in terms ofthe woman, since more women report these incidents than men. However, these suggestions are for ALL rape and assault victims. Well, you can take the protester out of the buffer zone, but you can't take the buffer zone for a walk with the protester's prey. So our Supreme Court decided this week in Schenck v. ProChoiceNetwork ofWestern New York, the case that has contributed so much to Buffalo Law's fifteen minutes of fame, as our own Professor Finley argued her way into a partial victory for the petitioners. With a majority opinion by William Rhenquist, the case has what some would call "a careful balancing of the various concerns at hand"--and what almost anyone else wouldcall a judicial wuss-out. Having tried to please all of the people some of the time, the Court has merely ended up fooling no one. ing a civil liberties speech issue they stereotypically write the ACLU about, and a bunch of confused Americans in between. As often happens, the Courtmissed a chance to articulate a clear principle, or primary issue, for the case to turn upon. Considerations of peaceful protest were ignored in the face of prior restraint of future violence-an anticipatory move that our law generally tends to avoid. Considerations of access and harrassment-free entry were palliated in the face of—sorta—wanting to let people get their two cents in. Faced with their own matter of Spanning the issues of abortion rights and questions of free speech, this choice, the court choked, and most people are about as comfortable with this opinion as they are with the idea of partialbirth abortion. Of course, there is no clear prin- case has law afficianadoes disagreeing at every turn. ,The permutations of opinion regardingSchenck are designed to make doctrinaire politicians wild: you have pro-lifers on theside of a First Amendment they stereotypically don't give a Flynt about, pro-choicers ignor- ciple to be culled from this whole issue. It can not be emphasized enough: abortionis the most difficult, telling issue we deal with in present-day America. The abortion question could very well be the turning point of the next civil war. Some call it a buffer zone, and Encoura£e Her to Seek Help: Call Crisis Services hotline for pro- fessional guidance (834-3131). Go with her for a medical examination immediately—contact Center for Stu- dent Health (829-3316). To preserve evidence, discourage her from changing her clothes or taking a shower. Help her get counseling to work through the trauma (even if the rape occurred some time ago but she still has not worked though it). Let her make her own decision! You can help her work through her thoughts and feelings, but it is important that she has control over her life and her recovery; support her in whatever she decides to do or not do, even if you disagree. Call Sexual Assault Information Line (645-3411) for options in reporting and the resources available. Provide Ongoing Support: Listen: Allow her to express her feelings without interruption. Be patient with silences as she may be slow in talking. If she needs help continuing, try repeating back what she has said. Be Reassuring: Believe her! Survivors fear that they will not be believed. Reinforce that the incident was not her fault, no matter what the circumstances. Comfort her as much as possible verbally. Beware of physical contact as she may not want to be touched, but you can always ask if you can hug her (don't treat her as if she is contagious). Provide things that make her feel warm and safe—a blanket, stuffed animal, hot tea. Make sure she has a safe place to Be available throughout the next weeks and months—recovery takes much time. Learn about rape trauma syndrome (from the Crisis Services Hotline or the CounselingCenter) so that you know what to expect and can understand her reactions better. Respect her rights to privacy and do not tell others of the rape without her consent. For Yourself: Seek support to work through this; it is natural to feel great stress when supporting a rape survivor—talk to someone "safe" (counselor, friend at another school, parent)about your thoughts feelings and needs. Rape, abuse and harassment are community problems that can only be diminished if our community stands together to support those who have been victimized. sleep that night. Do not talk about revenge; focus Yours truly, your energy on her and her feelings. The Staff ofthe Counseling Center �THE OPINION OP-ED February 26, 1997 5 Follies & Fumbles Greg Mattacola A cynic is not merely one who reads biter lessons from the past; he is one who isprematurely disappointed in thefuture. Sydney J. Harris - The best portion life; of a good man's His little, nameless, unremembered acts Of kindness and of love. - William Wordsworth The other day, someone told me that I was the most cynical person he knew. I thought that was a pretty bold statement considering the available candidates and dismissed the remark with my usual sort of sharp tongued comment. Yet, obviously, it made me think. A lot. 1 even looked up the definitionof a cynic. Mr. Webster tells me that it is someone who disbelieves in the goodness of human motives. So I asked myself if this was true. Do I really doubt the goodness behind people's actions? Do I really believe there is an alternative motive for every deed that seems good on its face? After much soul searching, the answer is no. Yet, unfortunately, people often have hidden motives and sometimes aren't what they represent themselves to be. This usually causes me great anger. So much anger that my brother once describedme as being surly. This is actually a topic I've discussed at length with my wife. Why do I get so madwhen Columnist For Your Own Good a politician does a dishonest thing or when an athlete is arrested for drugs or when a friend fails to live up to his word? I think it is because I expect too much. I expect too much of myself and am rarely satisfied. In turn, I expect too much of others and end up disillusionedand angTy. What doesthis have to dowith being a cynic? I think that because few things or people have ever livedup to my expectations that I now look for the fault before it even occurs. This isbad. Call it what you will an insecurity, a defense mechanism whoknows? I justknow thatit isn't good. And since I can't afford an expensive shrink or evena cheap one for that matter and since I don't live in Los Angeles where having one is a prerequisite for residency - my amateur opinion will have - - to do for now. So where does this leave me and all the people like my poor friend who have to come in contact with my cynical self? Well, for me, I have to accept people as is and leave it at that. Expecting the impossible will only drive you crazy. Easier said thandone but I'll give it a try. For the rest of you, I'm going to try something different with this column. I'm going to try a little celebration. You see, it's a boring time ofthe year right now. No playoffs in anything and we're still a few days from March Madness so the sports world doesn't really need any commentary. As for politics, I think I'll myself into this non-cynic thing. If I talked politics, I'd revert back to my old self faster than I broke my New Year's Resolution (no swearing - lasted about ten minutes). So I'm going to do a little celebrating in this column. That's right, I'm goingtocelebrate some ofthe through and through good that I see on a daily basis. I have to admit, an avalanche of possibilities didn't come tumbling forward upon first thought. Yet, I'm new to this so it will hopefully get easier. MARIE -I don'tknow her last name, I never asked. Yet, I'm sure all of you know her as the lovely woman who sells you your caffeine and muffins at thelittle cart on the second floor. Is this not one of the best people you have ever encountered? It does not matter what kind of surliness has befallen me, talking to this women never fails to bring a smile. She has always got a kind word - even for the person holding up a line ten deep while trying to find a penny in an attempt to achieve the holy grail of exact change. I do not know of many people that I see on an everyday basis that I enjoy saying hello to more than Marie. My hat is eternally off to her. KAREN SPENCER Who among us has not been helped in the library by Karen? 1, myself, should have put her name on every assignment I handed in for Research and Writing. Come to think of it, maybe that would have gotten me a - better grade. Regardless, I once saw this womenanswer two different phones while looking up something on Lexis and at the same time sprinted up the stairs to the sixth floor to retrieve a book for a student while never putting down the receivers or taking her fingers off the keyboard and smiled the whole time. I swear. You cynics out there may say - yeah, but that's her job. I don't care. We all have jobsand very few of us can be pulled in several different directions at once by demanding law students while seemingly never losing our patience and not copping a 'tude. I worked at a library in college where a sign at the reference desk said "Improper Planning On Your Part Does Not Constitute An Emergency On Our Part." Luckily for us, Karen does not adhere to that school ofthought. Ifshe did, this might be a five year program for me. DOMESTIC VIOLENCE TASK FORCE Let me start offby saying that I am in full awareness of thefact that there are many organizations at this school which do a plethora of good deeds. You all deserve your due and I'll be glad to provide it - in time. Yet, for this column's purposes, this group came to the forefront of my mind. Perhaps it is because I workedon an acquaintance rape task force - See Mattacola, page 8 leave that alone for now so I can ease Finley cont'dfrom page 1 hides trying to enter or exit the clinic property or clinic parking lots can do so...Although one might quibble about whether 15 feet is too great or too small a distance if the goal is to ensure access, we defer to the District Court's reasonable assessment of the number of feet necessary to keepthe entrances clear "Schenck at 39-40. As for the cease and desist order, the Court held that "sidewalk counselors" could be allowed within the buffer zone, but must leave if requested to do so. "These counselors remain free to espouse their message outside the 15-foot buffer zone, and the condition on their freedom to espouse it within the buffer zone is the result of their own previous harassment and intimidation ofpatients." Schenclcat 46. Justice Scalia, in hisdissenting opinion, said that he would vote to overturn the Court of Appeals' decision in its entirety. "I do not grasp the relevance of the Court's assertions that admitting the two counselors into the buffer zone was 'an effort to enhance petitioners' speech rights,' 'an effort to bend over backwards to accomodate defendants' speech rights,' and that "the 'cease and desist' limitation must be assessed in that light.'" If our First Amendment jurisprudence has stood for anything, it is that courts have an obligation 'to enhance speech fights,' and a duty 'to bend over backwards to accomodate speech rights,'" he said. Justice Breyer, in his dissenting opinwas most troubled by the Court's ion, treatment of the "floating bubble" zones. Breyer believed that the Court need not decidethis issue because itisunclear how this provision would actually work. "A floating bubble that follows a patient whois walkingalong the sidewalk just in front of a clinic, but outside the 15-foot fixed zone, could raise a constitutional problem. But the constitutional value of that kind of bubble should depend on the particular clinic and circumstances to which the District Court would point in justification. The CourtofAppeals wisely recognized that these matters should be left in the first instance to the consideration of the District Court." he said. This decision means that Federal District Court Judge Richard J. Arcara will be called upon to decide whether to expand the buffer zone. According to Glenn E. Murray, an attorney for the ProChoice Network, "the elimination of the floating buffer zone will help us to justify a fixed buffer zone of 36 feet." The Court allowed such a buffer zone outside of a Florida clinic in the case of Madsen v. Women's Health Center, 512 U.S. 753 (1994). The Court relied heavily on Madsen in deciding the Schenck case. Also, U.S. District Court Judge John T. Elfvin will sentence Eva Boldt, 68, of Cheektowaga, and Phyllis Walker, 48, of Colden, who were convicted last July of violating the floating buffer zones the Supreme Court struck down. The convictions cannot be overturned. WEST BAR REVIEW \ / /MPRE Preparation Lectures \ f are open to all IB Law students / Sunday, March 2, 1997 1:00PM -S:OOPM , Room 210 O Brian Hall lillill Wednesday, March 5, 1997 6:ISPM-10:00PM Room 209 O'Brian Hall I 1 \ \ 111 \ I (replay of lecture given MaiTh 2) Wednesday, March 12, 1997 4:ISPM-6:ISPM illlll Room 214 25 |||||ll||| Oiicsti<»n Simulated Kxam & A nalysis ( lllilC:: I Illlll:!! 1 11l (j> Bar Review /ill / < The decision will also impact lawmaking in SanDiego, San Jose, and Phoenix, who have laws creating"bubble zones around visitors to clinics. Jj �THE OPINION 6 FEATURES February 26, 1997 BPILP 1996 Summer Fellowship Recipients Relay Experiences Compiled by Theresa Cusimano, Special to the Opinion The following represents a sampling of some of the work that students performed last summer with fellowships provided by the Buffalo Public InterestLaw Program (BPILP). BPILP is an organization open to all law students, that fundraises annually to ensure opportunities for UB Law students to work in public practice. BPILP's major fundraiser this year is a silent auction to be held March 6, 1997 at the Calumet Arts Cafe. All students, faculty, and staff are invited. Tickets are currently available in the first , floor of O Brian Hall from 10-1 pm Monday-Friday. Jennifer Berger (2L), Legal Aid Society of Rochester, New York My BPILP fellowship gave me the opportunity to intern at the Legal Aid Society of Rochester's Immigration Program. The Immigration Program assists residents ofnineWestern New York counties with deportation, exclusion, asylum, residency and work permit issues. The also public program addresses benefits, law, em- labor ploycrimia n d rights As a disnation inent civil matters, legal inwith the gration tern Immi- Program, I interviewed clients, prepared affi- davits, completed immigration paperwork and translated Spanish within attorneyclient interviews. Additionally, I researched country conditions and prepared memoranda of immigration law to assist the attorney with asylum and deportation cases. To meet the needs of the influx of farmworkers during the summer, I helped operate evening satellite offices located near the farm camps. The internship was both educationaland rewarding, as I helped individuals from a variety ofcultures preserve their sense of dignity and freedom. Corinne Carey (2L), Housing Works, Inc. of New York, New York Housing Works, Inc. is the largest provider of services to homeless individuals living with HIV or AIDS. Housing Works provides assistance in obtaining housing, substance abuse counseling, social service assistance and advocacy, job training and other support services. Housing Works also organizes direct action initia- cl i - sues th c AIDS com- As tern at was tives with ents to re- spond to isaf fecting HIV and homeless munity. a legal inHousing Works, I involved with a number ot "impact litigation"cases, mainly in the form of Article 78 petitions dealing with such diverse issues as child custody and welfare to enforcement of sunshine/open meetings laws. I was also involved with helping to plan direct action campaigns in response to federal welfare reform, changes in New York City's welfare policies, andsystematicnon-enforce- ment of Department of Social Services regulations. Assisting clients in accessing social services constituted the majority of my day-to-day work. Because the office was small (two full-time attorneys and one paralegal) I was responsible for analyzing potential litigation strategies, interviewing potential clients, and taking affidavits, writing petitions,assembling legal documents,and filinglawsuits. I initially thought that this wasn't "real legal work," but soon realized that because I worked in a legal office, I was able to obtain better results for my clients than they could on their own. I realized the effect engendered by the title"attorney"—credibility and power not available to the homeless. Jennifer DeCarli (2L), Niagara County Family Court Resource Project, Lockport, New York I worked at the Family Court Resource Project of the Niagara County Domestic Violence Intervention Program, as a co-op between BPILP and the Domestic Violence Task Force. My duties consisted of helping domestic violence victims obtain Orders of Protection through Family Court. I would fill out the paperwork with the victims, explain the whole process, provide legal informationand go to court with them as their advocate. I would then have follow-up communications with the victim. I also assisted the Assistant District Attorney, whohandleddomestic violence misdemeanor cases in court. I contact terview criminal would and inthe vie- t i m s over the phone, and give apresentation to victims about domestic vio-1 c n c c services and the court process on the day they were subpoenaed to court. My co-op was a great experience since it enabled me to have hands-on contact and training with domestic violence victims. I learned a lot about the family and criminal court processes. At times it could be very draining, but the best reward was when a victim would let you know how they wouldn't have been able to go through any of this without your assistance. David Hutt (2L), Frank H. Hiscock Legal Aid Society, Syracuse, New York I researched a variety of issues for the Frank H. Hiscock Legal Aid Society, which serves individuals residing in Syracuse, New York. Issues ranged from seeking enforcement of support payments from a divorce stipulation agreement, to the rights of a criminal detainee to be free from unreasonable searches and seizures, to on what grounds unemployment insurance may be denied. I obtained other hands-on experience of the legal process, including service of process and court filings. Kristin Long (2L), Women's Rights Center (Centrum Pray Kobiet), Warsaw, Poland TheWomen's Rights Center in Warsaw, Poland, is one of the first and most exciting organizations advocating women's rights in Central and Eastern Europe. While working at the Center, I had extensive involvement with organizing and implementingan international conf c re ____________e n c c e n titled - Gen- d c r Equalt he M ar stituGuar- ity in Labour ket: Intional and In- antees terna- tional Standards. In addition, I researched, collected, and summarized domestic violence training materials for judges, police officers, and physicians. Maria Pilaroscia (3L), Legal Services for the Elderly, Disadvantaged, and Disabled of Western New York (LSED), Buffalo, New York Legal Services for the Elderly in downtown Buffalo provides legal counsel to qualified senior citizens on issues pertaining to Medicare, Medicaid, housing and protective services. My BPILP fellowship was with theProtective Services division of LSED. This department acts as guardianfor persons who can no longer make their own deci- sions. A guardian property makes de- for the only cisions pertaining to a person's propcrt y , whereas a GuardLi t em ian ad makes decisions for the person based on what the person would decide if he or she could make his or her own decisions. As you can imagine, the problems that present themselves are as varied as the people who have guardians, so this aspect of the law can provide considerable diversity. JenniferRuppel (2L), Erie County District Attorney, Domestic Violence Bureau The experience I had at the District Attorney's office was great. Along with legal related work such as research and writing, I was able to sit in on all aspects of cases as they progressed through the court system, and I had a great deal of contact with the victims. Similarly, I was learn a about sue of mestic 1 ence th c . able to 1 o t the isd o vi o and way it -- is dealt by our with area's court t c m sy s - Lastly, I was able to sit in on court proceedings that involved other areas of the law, including intake, which often proved to he very interesting! Kristen Nowadly (2L) Women's Legal Center of San Diego, Inc., San Diego, California Founded in 1976, the Women's Legal Center is one of theoldest legal centers in the country primarily devoted to helping low-income women and their families. At the legal center, I assisted seven attorneys with a variety of legal matters, including family law, child custody and visi- tation, bankruptcy and credit matters, and legal guardianship. While it was exciting to be assisting in this legal work, I also observed the critical need for more family law services in general. Becausethe Women's Legal Center must charge nominal fees, our office was forced to send most of the indigent clients who called for help to the no-cost Volunteer Lawyers Project (VLP) in San Diego. Since we were sending so many referrals to VLP, I asked my supervisor if I could volunteer there as well. At VLP I assisted domestic violence victims, and helped clients obtain the necessary papers to represent themselves pro se in court. Spending time in Family Court was both fulfilling and heart-wrenching, as I observed endless examples offamily violence and a court system that desperately needs procedural changes to adequately meet the needs of a diverse San Diego population. One of the most exciting things that I did as an intern in San Diego was work with the National Lawyers Guild as a legal observer for the Republican National Convention. As a legal observer, I closely monitored police and demonstration activities at a large women's health clinic. I also was asked to observe at the "free speech zone" outside the Convention Center. Lastly, I volunteered one evening every week at the AIDS Foundation of San Diego, assisting clients who needed to set up durable powers of attorney. In short, my BPILP fellowship allowed me to spend an exciting summer experiencing a wide range of public interest practice, helping out people who lack access to our legal system. Brian Eckman (2L) DNA People's Legal Services, Navajo Nation, Chinle, Arizona Even as a first year summer clerk, DNA gave me a lot of responsibilities. On weekly intake interviews with potential clients, I was allowed to conduct interviews and then report the case to the attorneys who would determine what action to take. Often I wrote the complaints and orders with the supervision of the attorneys, and was even allowed to negotiate on behalf of the clients. One of the unique aspects of working with the Navajo Nation is that summer clerks allowed practice mmm^—m^^————Bm are to i n Navajo courts with ter a let- of permissi on from the law school dean and with the supervision of local attorneys. I was given cases where I represented clients in motions for order to show cause, as well as other court proceedings. Also, I represented clients in administrative cases with the Social Security Administration. The internship was a good experience for a first year law student, but it was also interesting to be immersed in See BPILP, page 7 �FEATURES February 26, 1997 by THE OPINION 7 COURT WATCH COLUMNIST Steven Bachmann Dietz Mark this date in the calendar because I am about to do something absolutely out of character for me. I am going to praise an opinion authored by Chief Justice William Rehnquist. HisopinioninSchenckv.Pro-Choice Network 1997 WL 65718, No. 95-1065 (1997) strikes the proper balance between the right to free speech of the pro-life protestors and the right ofpeople seeking clinicaccess and medical treatment. Just as important is what the decision did not do. It did not base its opinion on the highly problematic "right to be left alone" relied upon in the District and Circuit Court opinions. As you are probably aware, the case stems from a campaign by pro-life factions associated with Operation Rescue to shut down several reproductive health clinics in Buffaloand Rochester. Women seeking access to the clinic were forced to run a gauntlet of protestors, including "sidewalk counselors" who would try to convince the prospective clients not to have an abortion. When persuasion failed, some of the "sidewalk counselors" became abusive, screaming, spitting at, grabbing and shoving the women. Judge Richard Arcara ofthe Federal District Court, Western District of New York, issued a Temporary Restraining Order ("TRO") with various provisions designed to permit access to the clinic. When violations of the order occurred, the order was modified and it became a Permanent Injunction. The protestors appealed the order, challenging three provisions of the injunction as violations of the First Amendment rights of the protestors. The first provisionwasa 15 foot buffer zone around the entrances of the clinic and driveways. Such a provision was already upheld in Madsen v. Women's Health Center. Inc., 512 U.S. 753 (1994). The second provision was a 15 foot buffer zone around people and vehicles seeking access to the clinics. The third provision permitted up to two "sidewalk counselors" inside the buffer zone, but required them to cease and desistcounseling and step outside the zone ifrequested to do so by people seeking access. The Circuit Court reversed the District Court on the challenged provisions, but the full circuit, sitting en bane, affirmed theDistrict Court's full order. The Supreme Court granted certiorari. Stevens, O'Connor, Souter, Ginsberg, Scalia, Thomas and Kennedy joined Rehnquist in striking down the buffer zones around the persons and vehicles seeking access to the clinic. They recognized that this was a broad prohibition, since it barred the protestors (except for two counselors while tolerated by the targeted individual) from engaging in First Amendment activitites in a traditional public forum (namely the sidewalk). They characterized these buffers as "floating" buffer zones, that travelled with the person targeted by the protestors. Citing problems that protestors would have determining whether they were in compliance when more than one person was entering and exiting the clinic, the court held that the "floating buffer zone" burdened more speech than necessary. Stevens, O'Connor, Souter,Ginsberg and Breyer joined in upholding the fixed buffer zones. They rejected contentions that other provisions of the injunctions, such as bans on blocking access and trespassing, were sufficient to deter future violations. The same justices upheld the "cease and desist"provisions,rejecting arguments that the provision was content based and tha less speech restrictive provision was not tried first. In doing so, however, the Court stated that the District Court's reliance on the "right to be leftalone" did not accurately reflect First Amendment jurisprudence. The provision was justified, in the Court's view, by the past conduct that was the subject of the TRO and the Preliminary Injunction. Justices Scalia, Kennedy and Thomas, in their dissenting opinion, protested that the majority should not have substituted its own rationale for the District Court's in upholding the fixed buffer zone and the cease and desist provisions. In their view, if there was no "right to be left alone" there was no basis for the injunction. They also disagreed with the rejection ofpetitioner's claim that there was no cause of action properly found to support the injunction (the majority cited violations of the New York State Civil Rights law as the grounds). They also contended that the opinion eroded First Amendment law by basing the validity of an injunction against speech on the basis of what the court might reasonably have found to be necessity, rather than that was actually found. , Breyer criticized the court sassumption that the buffer zone around the vehicles and people were "floating zones," since the District Court judge stated at one hearing his opinion to the contrary. Since there was no evidence that the "floating zones" were ever actually enforced, there was no grounds for striking them down, and should have left the interpretation ofthat provision to theDistrict Court judge. The decision in Schenck was ultimately a victory for all sides. The provisions that remain are clearly sufficient to insure access to the clinics. The abortion protestors' First Amendment rights were also considered, and given a degree of protection. Most importantly, the Court declined to use this case to undermine the protections afforded by the First Amendment. In effect, they limited the application of the "cease and desist" provisions to situations where protesters choose to ignore or flout a court injunction, rather than recognize a generalized "right to be left alone." To grant anyone a "right to be left alone" gives a person a state-enforced right to act as a censor to unpopular See Courtwatch, p. 8. BPILP cont'd from page 6 WITH BUTTER EXTRA by Kristin and Scott Frycek, Features Writers »>•«.».Amn Erf i^mr The Empire Strikes Back Ratings Legend 4 gavels A Must See! 3 gavels - Why Not? 2 gavels - Nah! 1 gavel No Way! - - Hers "Patience and control", spouts Yoda, the wise old muppet. Patience with the force and control of his fear are the two things we watch young Luke Skywalker struggle with in the continuation of the Star Wars Trilogy, The Empire Strikes Back. As I sat in the movie theatre, watching that incredibly intelligent muppet be so darned insightful, I thought to myself I'd like to have a Yoda in my life, heck everyone should. 1know it sounds crazy, but Yoda's teachings had a great impact on me. I have since done some soul searching. Seriously, think about it. The force that Luke feels, we all have have the power to feel, we Earthlings justcall it by a different name. We call it confidence or strength. Once we have confidence in ourselves, we can become as sucessful as a Jedi Knight. Really though, doesn't Buffalo remind you ofthe ice planet Hoth? I just hope we all don't all end up defrosting in some dunking booth wearing nothing but a diaper by the end of this winter. Anyway enough of my philosphical babble, as predicted, Empire was enter- taining, funny, and action-packed. I didn't notice anyreal difference from the itsfirst release. However, the only difference I wouldcatch would be a change as drastic as an incestual kiss between Luke and Leia. Hey wait, that didn'tchange. Okay, maybe something as drastic as Luke discovering that he is Darth Vader's son. Nope, no change there. In my opinion, if you've seen it once, you've seen it all. Rating: 2 gavels His Apparently George Lucas didn't make enough money on the Star Wars Trilogy the first timearound. Apparently we felt that justreviewing Star Wars was insufficient. Either way, anytime one gets a chance to re-live his childhood and see movie-goers with light sabers, that is a good thing. Going into "The Empire Strikes Back," I believed thatthis episode was the weakest ofthe three. I also reflected upon how cool I looked in my Boba Fett costume that Halloween. While I still main- tain that the bounty hunter look is a good one for me, the movie itself has taken on greater prominence upon further review. "Empire" is by far the most pivotal segment ofthe commercially driventrio. Not only are audience members surprised to find out that Darth Vader is Luke Skywalker's father, but also that Luke and Princess Leia are siblings (although most brothers do not make out with their sisters). In addition, "Empire" introduces us to that lovable, master of all Jedis, Yoda. Yoda succeeds not only in imparting knowledge of the force to Luke, but also in delivering one sexual euphemism after another (i.e. "It is not size that matters"). Other than adding a few more TIE fighters and a scarier, wilder beast on Hoth, the current version of "The Empire Strikes Back" is no different from the one we have been watching for years. If you are one of those people who has suddenly come out of the closet with your love for the Star Wars trilogy, I am sure you will watch it. If you have never seen "Empire," there is something really wrong with youand 1 recommend that you go see it now. For everyone else, make it a Blockbuster night and be thankful that you are truly normal. Rating: 3 gavels also interesting to be immersed in Navajo culture. The Navajo legal system differs the practice oflaw. Most importantly, you can be part of an organization that servesa vital purpose to Navaj o who are often discriminated against by people on and off the reservation. Scott Johnson (3L) Public Defender Service for the District of Columbia (PDS), Washington, D.C. ■■ PDS is the model public defender service in this country. Its programs and training are used by law offices across the country. I spent the summer clerking for a trial attorney in felony one cases (including homicides, sex crimes, etc.). I watched the attorney in court on ah almost daily basis during a three codefendant homicide trial. Additionally, I i n - was wfcd i n vari- o us gal and -1 c - resexh in -- i gation efforts for the other cases he had(which were in various stages in the legal process). This opportunity,funded byBPILP, enabled me to learn from a top trial attorney and mentor, at a well-regarded legal organization, how to effectively represent indigents in criminal law proceedings. Wherever I end up this fall, my time at PDS will be an essential part of my approach to my workas a practicingattorney! ves- t �NEWS THE OPINION February 26, 1997 8 A New York State of Mind Chief Justice, Attorney General speak to Annual Alumni luncheon by Ilene R. Fleischmann, Assistant Dean for Alumni, Public Relations and Special to the Opinion I'ommunications, Two voices from vastly different ofthe criminal justice system played counterpoint to each other on Jan. 24 at the 1997Annual New York AlumniLun- Held in the Union League Club on East 37th Street at Park Avenue, the luncheon brought together many of the dozens of UB Law School graduates from across the state who were attending the quoted at length a Rochester woman, Diana Wood, whom the judge met at a ceremony marking the one-year anniversary of Wood's 'graduation" from Drug Court-imposed treatment. "The idea behind the drug treatment court," Judge Kaye said, "is this: We know that traditional criminal sanctions don't change thebasic behavior of many drug-abusing offenders. Weknow that they do their time, they go back on the street, and the cycle begins again. By offering strictly supervised treatment to selected non-violent offenders, New York State Bar Association annual meeting, as well as those living and work- ing in New York City. It was an occasion for renewing old friendships and making new acquaintances, as well as catching up on the state of UB Law as articulatedby Dean Barry B. Boyer. An enthusiastic crowd of attendees heard state Attorney General Dennis C. acco '78, fresh from successful appear- nce before the U.S. upreme Court, recount his adventures before the most famous jurists in the and. (See a story on Page XX of this sue of UB Law Forum.) Vacco's was one voice from the xxlium that chilly Friday afternoon.The her was that ofthe Hon. JudithS. Kaye, liefjudge of theNew YorkState Court Appeals - and through her, a voice om the streets, the voice of a former drugaddict whoselife was turnedaround by her experience with one of the state's Drug Courts. Judge Kaye, the first woman ever led to serve on New York's highest court, was appointed to the Court of Appeals in 1983 and rose to become chiefjudgeinl993. Among the advances and reforms she has instituted, : Eovative she has overhauled the state's jury system to makeit much more "userfriendly"; taken major steps to lift higher the ethical standards for New York's attorneys; defended judicial independence against political encroachment; im- Justices Delores Denman and Judith Kaye. drug treatment courts seem to break, not merely interrupt, this cycle." And in the words of Diana Wood: "On Aug. 27,1995,1 got highfor thelast time. I now have over 16months clean.... I was using and drinking from time to time, but I figured 1 had control over my use. By the time I figured out that the drugs were controlling me, I was at the bottom of an abyss. Drugs had gradually changed me from a lawabiding, productive member of society into a desperate and devious criminal. I was homeless, penniless, malnourished and dirty. M y possessions fit ina side shopping bag. I spent every day stealingthe money to buy my drugs, and every free minute getting high. I alternative to incarceration, because it fosters human motivation andthe will to change, and provides a framework within which that change can take place." Judge Kaye continued, "As lawyers and as judges, we all have an extraordinary opportunity to change the lives of the individuals and the character ofsociety at large. Through cases such as Quill vs. Vacco (the physicianassisted suicide case argued by the attorney general), we shape the fundamental principles thatmark and determine the civil order. "But even in the most ordinary cases there still is the potential foringenuity andintervention that will forever change thelives of the particular people involved. This extraordinary opportunity in turn imposes an extraordinary responsibility on each ofus to use the best of our abilities as lawyers for the service of our clients and the service of justice." New approaches to dealing with lawbreakers, Kaye argues, are crucial to the job of being more effective jurists and more responsive to the community. "Changing times place changing demands on our judicial system," said Judge Kaye, who spent 21 years as a private litigator before being appointed to the Court of Appeals. "So whether your practice takes you to the awesome corridors of the Supreme Court of the UnitedStates or to the distinctly ltss prestigious hallways of, say, civil court or city court, you play the most vitalrole in this society and the lives of these people. "In these days oftremendous cynicism about courts and the legal profession, I wish the public could more often hear messages such as we heard today from the attorney generalandfrom Diana numerous times, but still I couldn't stop. I had no support system and no incentive to stop. by Julie Meyer, iManaging Editor This past weekend, February 20-22, the Buffalo Moot Court Board held the 26th Annual Albert R. MugeJ Tax Competition. Eleven law schools from around the nation competed, including University ofBaltimore, Brooklyn, University of Dayton, Detroit College of Law at Michigan State University, University ofDetroit Mercy, John Marshall, Quinnipiac College, St. John's University, Salmon P. Chase College of Law, Northern Kentucky University, Southern Methodist University and University of Toledo. The case being argued took place in the United States Supreme Court and was named John Bychance v. Commissioner ofInternal Revenue. Competitors submitted briefs supporting either the Petitioner's or the Respondent's arguments, then traveled to the Erie County Courthouse in downtownBuffalo, where they argued both sides of the case. The winner of this year's Mugel competition is Northern Kentucky University, Brooklyn finished as the Finalist, and University of Toledo and University of Detroit Mercy as Semifinalists, The judges for the semifinal rounds were: Jerome D. Adner, William C. Altreuter, Paul Battaglia, GaryBluestein, Gary D. Boreki Lawrence C. Btown, Ralph L. Halpetn, David Hayes, Raymond N. McCabe, Deborah J. Muhlbauer and John White. The final round consisted of a panel ofsix judges: Hon. Leslie G. Foschio, Prof. Sharon Stern Gerstman, Prof. Kenneth Joyce, Sherman Levy, Prof. Albert R. Mugel and John D. Steele. The Buffalo Moot Court Board wouldlike to thank the judges and attorneys who devotedtheir tLme and effort to the Mugel Competition. Italso wishes to extend sincere thanks to Prof. Albert R. Mugel, Prof. Kenneth Joyce, Nicholas Baich, Barbara Premielewski and the Erie County Courthouse. The University el Buffalo School of Law & The Present BuffaloLaw Review Wood," said Judge Kaye, "so that they would better know how proud they should be ofthe legal system ofthis state £\ got caught posed reforms on matrimonial practice; and called for [Drug a wider use of arbiCourt fiNew York State Attorney General Dennis Vacco tration and alternanally protive dispute resoluvided me tion. with both." It was the human success stories "If it were not for this program, I that come out of the state's four Drug am certain I would not be alive today. Courts, though, that Judge Kaye spoke I 'm certain my 15-month-old twin boys of at the luncheon. Specifically, she sober mom who's always there for them. Today I feel better than I've ever felt in my life. As long as I stay drugfree, I will never again stand in any courtroom charged with a crime. I want to say that I think Drug Court is the best Moot Court Board Holds Annual Tax Competition Courtwatch, Con't from p. 6 views. It conditions the right of free speech upon the willingness of another citizen to tolerate it. This is what has been called a "heckler's veto", and once granted, it could render theFirst Amendment a dead letter. Many ofthe ideas wecherish today, such as Civil Rights and the equality of the sexes, were highly offensive to the majority of Americans not solong ago. I wonder whatkind of America we would be living in today if these offended citizens had, and was able to enforce, a "right to be left alone." Snal Doctrine and In the Age March 8. I 997 srlwui or Low Registration $15 University at Buffalo Sludenls $25 Non-Univetslfy 8! Buffalo S5O GeneralPublic Sludenls Reglslrallon Deadline March 3. 1997 Keynote Speaker Mike Godwin Staff Counsel, Electronic Frontier Foundation (EFF) For complete symposium Information, Including a full list ofspeakers, symposium schedule, and a registration form, visit ourWeb Site: http://wlngs.buffalo.edu/law/blrfcyberlaw/ or call the Buffalo Law Review at 645-2059 �THE OPINION FEATURES February 26, 1997 9 Mattacola, Con't from p. 5. VTHinEeGrape by C.S.Nickson, Features Writer recognition value. If you're anything like me, going to a restaurant for a fine dinner, accompanied by a bottle of wine, is a special occasion. I believe it to be rare to find law students who are independently wealthy and can afford that perfect bottle of LafiteRothschild from 1945 to accompany the Surf-and-Turf Special. However, when I go out to dinner I do like to have wine, and generally the selections of wine by the glass are either abhorrently expensive, given the amount offered, or of such low quality thatordering such offering is not recommended. The key, therefore, is finding a bottle of wine of sufficient quality,that will hold up well with the food you are ordering, and does not force your bill into the stratosphere. Finding suchwines, unfortunately, is often a distinct challenge. Here are a few hints: (1) Understand that most restaurants mark up the wines they serve between 50-150%. This is especially true of wines like Sutter Home White Zinfandel, with high name recognition, which I have seen on restaurant wines lists for aridiculous $15 a bottle. Likewise, wines from California carry a form of automatic markup, as do Chardonnays and to a lesser extent joying them in your own home. Additionally, the magnitude of the diversity is staggering to me, and I am often lost among individual vineyards in France. (5) Choose wines that will complement your dish and that of your guest. (2) Wines from more unusual geographic locations generally come in undervalued. For example, the wines of Washingtonand Oregon states, the wines ofChile, Argentina, and South Africa, all tend to have less of that name recognition and are therefore more reasonably priced. Be brave; if you see wines from unusual places, they tend not to have madethe wine list if they are completely awful. In fact, they probably wouldn't have made it into the country were they bad wines. (3) Don't be overwhelmedby a large wine list. Some very fine restaurants like Warren's and Oliver's, have expansive cellars, resulting in wine lists that appear the size of a short novel. Break down the lists into their parts, usually organized by country then varietal. It will be much easier if you can simply put it into perspective. (4) Stay away from French wines. I wish this were not the case, and I am sure that French wine drinkers will give me guffonthis point, but the wines ofFrance are most susceptible to huge markups by the restaurants. If you want to enjoy wines ofFrance, I honestly believe you are better off en- Cabernets, because of that same name This is often difficult when the dishes are unique to one another, like fish and steak, etc. Lately, my top pick for wine has been Pinot Noir because, as a lighter red, it cuts across many dishes to work well. In addition, Pinot has less name recognition, and therefor demands less in price. I like Pinot with any grilled fish dish (grilled swordfish, for example) and most chicken dishes in heavier sauces. This represents only a few hints and suggestions for restaurant dining. Locally, I have enjoyed many fine meals. For those looking for a good meal for a special occasion, I like Fanny's on Sheridan. The owner, Michael Delmont, in conjunction with his sommelier John Beatty, have recently lowered the prices on the wine list. Great food. Additionally, I recently enjoyed a fine meal at a great price at the Fieldstone on Transit in Lockport. Bon Appetit! that April 11th is the last day you can resolve any exam schedule conflictsTz before and have personally witnessed the damagethat domestic violence inflicts on a person. Perhaps it is because I have an inflate dislike for control freaks and those who abuse their spouses or partners are the absolute worst kind It is for these reasons andmore thatthis groupi mpresses me. The Task Force operates three family court resource projects in Niagara County which assist battered women in getting orders of protection against their abuser. The group educates area high school kids on the very real dangers of daterape and domestic violence. The group organizes drives which supply necessities to those women living in the Haven House and the YWCA as they attempt to make their transition from a lives of abuse to lives free of violence. In short, the Task Force is pretty amazing and an attribute to this school but much more importantly, it is a knowledgeable helping handto those who are victims of domestic violence. V m sure there are those that were a little set back from the tone and content of this column. It is definitely not my norm. This is not to say that I won't be back with my usual poor attempt at humorous sarcasm pointed at professional sponsor politics or life. I know that I will. Yet, maybe we all need to do a little celebrating on a regular basis. It's important to think about all the good that's out there especially whenall that we see in the news is the bad. Thus, from here on in, this column will attempt to celebrate one example of goodness that we can all be cheered by. I can't promise that Til always find one, but I will try. Why such a change? I don'tknow. Maybe it will do us all some good. It definitely can't hurt. These Are The Facts ZJhe Student &sar^Xfssociation ... 4 ZJhe University at Wsu.ffa.ljo School of<JLaw I -I--IJ-I 111 Mill |"V ~■'... 'j reauests the pleasure of your company, celebrating. tike £arrider\ Bait the eiahth of on Ir larch The Central Park Grill ilineteen hundred and ninety-ieven , You Be The Judge at Steven o clock in the evening. a Lypen I/Jjar CT aUown HL StatL EalLom KffaL, 7U y rl, O ZJicneti-$25.00 per person may be purchased at the KJwice Joe Head Tuesdays Gamalon Friday, Feb. 28 Bread Gone Wry (Alternative) Friday, Mar. 7 The Maniacs (GratefulDead) Sundays of the Student v^ar^Association. —U/n£ id. iiinninq Wednesdays The Need Thursdays Willie&the Reinhardts out to Iniu (LJfries £oaau £o huienaie tidsis/ ip v. v * -4* V" J? -jne Wβ Saturday, Mar. 8 The Morvells Schultz Saturday, Mar. 15 Painted Pony (Blues) ENJOY BANDS. BURGERS & WINGS KITCHEN SERVING BUFFALO FAVORITES TIL 2AM \, AyV/ Jr. ' �FEATURES THE OPINION 10 February 26,1997 Trial Technique Team Takes Manhattan by Julie Meyer, Managing Editor UB Law's Trial Technique Team made history for the second year in arow at the National Trial Advocacy Competition for Region 2. For the first time ever, UBLaw Trial Teams earned quarter-final competition spots, and one team made it to semi-finals. Two teams of three students each argued both sides of a criminal law problem focusing on conspiracy to obtain a controlled substance by fraud. Third year law students Caroline Hooper, Kristina Karle, David Pfalzgraph, Michael Beckelman, DanKillelea, JessicaMurphy, and Michael Plochocki split their talents into two teams with one student as alternate. The "A" team consisted of David Pfalzgraph, Caroline Hooper and Kristie Karle. They were knocked out of competition in the quarter final round by a mere two points, losing to team which eventually won the entire tournament. The "B" team consisted of Michael Beckelman, Dan Killelea, and Jessica Murphy. They lost in semi-finals by one point, narrowly missing a chance to competein Houston, TX. The "B"team placed second overall in the competition, and will be honoredlater this semester by the New York State Bar Association. Robert Murphy, Diane LaVallee and Joseph Marusak devoted countless hours to prepare the students for the competition. Local attorneys volunteered their time to help judge during practice rounds for the students. The students trekked to New York City for five days of intense competition in early February. For the four weeks leading up to the competition, each student devoted four hours each weeknight and eight hours on the weekends during their winter break to practicing. In order to make the team, each student had to achieve an "H" in their trial technique class, and then try-out for a spot on the team. Both UB Law teams included one lead attorney, one defense specialist and one prosecution specialist. Each lead attorney argued both sides ofthe problem throughout the competition, while each specialist concentrated on either defense or prosecution. Through the efforts of Bob Murphy and several team members, and the generosity of local attorneys, several thousand dollars were raised which allowed the team to compete in New York City. Twenty-fiveteamshailingfrom New York State, New Jersey and Connecticut represented thirteen law schools. Syracuse University, the school which UB Law beat last year in their first place finish, won the tournament. St. John's University Law School hostedthe tournament. Anthony DiMarco chaired the tournament and Anthony DeFazio directed the tournament. Joseph Marusak, an Erie County Assistant District Attorney and the Chief of the Homicide Bureau as well as one ofthe team's coaches, said, "The Law School should be proud ofthe effort and commitment put forth by all ofthe students on the team. The studentsrepresented the school admirably by their professional and dedicated performance throughout the competition." Robert Murphy, one of the team's coaches and a semi-retired defense attorney practicing privately in Buffalo, said, "It was one of the finest teams I've ever coached." Diane LaVallee, the team's head coach and a former Erie County Assistant District Attorney, said, "Once again, the Buffalo Law School teams distinguished themselves. The students were incredible, not onlyfor their trial advocacy skills but also for their dedication to the program and their school." Michael Beckelman, lead attorney for the "B" team, said, "It was one of the most educationalexperiences I' ye ever had in law school. It prepared me more than anything elseI've done forthereal world." Kristina Karle, a defense specialist for the "A" team, said, "I knew it was all worthwhile when one of the evaluators told our team that we renewed his faith in the legal profession...l would have never made it to New York without the dedication of my mentor Bob Murphy, he is an amazing teacher and coach." Caroline Hooper, the prosecution specialist for the "A" team, said, "It's an experience that will last a lifetimeand will lay a foundation for a successful trial work in the future. The entire team got to display everything that we leaned and made new friendships. The combined knowledge of Diane LaVallee, Bob Murphy and Joe Marusak was phenomenal. It allowed us to be one of the most prepared teams at the competition." Dan Killelea, prosecution specialist for the "B" team, said, "It was a powerful learning experience. Kinda like boot camp, except we didn'thave to shave our heads." David Pfalzgraph, lead attorney for the "A" team, said, "We fought hard and had absolutely no regrets about the way we competed. We competed with pride and honoragainst the best. I became close friends with six classmates and I was taught by three of Buffalo's greatest trial attorneys. There is no question in my mind that our trip was a success for ten people who experienced a week we will never forget." Jessica Murphy, defense specialist for the "B" team, said, "To be on the team was a hard thing to do. Night after night, we learned only what we were doing wrong. But, when we reached New York, nothing faz+ed us and we knew our stuff cold. It's almost an eerie experience to know how much fun a cross-examination can be. The insights and wisdom of the coacheswasremarkable. Thegoodmemories and experiences outweigh the not-so good things by so much, that I already look back on this fondly." Michael Plochocki, the team's allaround specialist, said, "The trial technique team was one of the most educational experiences in law school. I learned more than I did in any class." UB Law plans to continue its tradition of winning teams for the future. Additional Reporting by Jessica Murphy, Editor-in-Chief Jessup International Moot Court Team Finishes Fifth by Jessica Murphy, Editor-in-Chief * 'JSP* ■ DRUNK DRIVING DOESN'T JUST KILL DRUNK DRIVERS. Hannah and Sarah Fogleman, killed Dec. 12,1988 at 2:22pm on 1-95 South, Brunswick, GA. Next time your friend insists on driving drunk, do whatever it takes to stop him. Because if he kills innocent people, how will you live with yourself? Sine* U-S Department of Transportation Six University of Buffalo Law Students finished fifth in the Jessup International Law Moot Court Competition for the Atlantic Region. Bill McDonald(3L), Max Raterman (3L), Leanne Gramlich (2L), Jennifer Berger(2L), Joe O'Brien (2L) and their coach, Katie Lee (3L), represented UB Law at Columbia Law School on February 9th, 10th and 11th. The competitors argued both sides of an international law case which dealt withinternationalchildadoption, enforcement of domestic court decision in foreign countries and general agreements on tariffs dealing withpayment ofmoney for an embargo on cigarettes. Twelve schools including Buffalo competed for the regional title. The schools hailed from a six state region which included New York State, New Jersey, Connecticut, Vermont, Pennsylvania and Massachusetts. The team placed fifth overall and also won fifth best brief of the competition. MaxRaterman won fifthbest oralist. Buffalo won three preliminary rounds and lost one round to Brooklyn Law by a slim margin. The team beat the defending champions, Columbia Law School, in preliminaries, and missed a semi-final berth by inches. The winner of the competition was Cornell University Law School. Bill McDonald said, "We enjoyed the level of competition at the event and our team members are looking forward to applying thelessons learned to help coach the Jessup First Year team that will compete in Toronto." GOOD LUCK TO ALL OF THE JANUARY SENIORS WHO WILL BE TAKING THE BAR EXAM THIS WEEK! �THE OPINION February 26, 1997 11 NATIOLTDRVCY EAM TTRIRIUB AND SHCOOL LAW 1997 UMPALSH'S: Bob Murphy is a good coach and an even better friend... The head of the Trial Technique Program,Anne Adams helps Kristie Karle, Diane LaVallee and Caroline Hooper celebrate victory and friendships. 77u Joe Marusak and Diane LaVallee realize their reign of terror is over... members (i-r): Mike Beckelman, Dan Killelea, Caroline Hooper, Kristie Karle, Davitl Pflazgraph and Jessica Murphy (Mike Plochocki was tripping the lights fantastic elsewhere in New York...) team Head games?!! SDFSDF Dan Killelea chats with "The Governor", Mike Plochocki �FEATURES THE OPINION 12 February 26, 1997 From a Different Perspective... by Carlisle Toppin and Martin Raikes, Features Writers Affirmative Action Speaks Louder Than Words Consider this anecdote written by Brian Lewis. An official judges two athletesrunning a hundred yard dash. Before the official shoots off the starting pistol, one runner kicks the other in the shin, stomps on his toes and then rushes ahead fifty yards. Because our official is observant, he sees the foul play and immediately stops the race. He walks over to the runner who is fifty yards ahead and tells him what he did was wrong and he is Yet, those who benefit bear a mark of "not being the best pick, but only the best from a limited group," even when its purpose. There is overwhelming evidence that instances of discrimination and exclusion are widespread. Minori- selected from the complete applicant pool. Affirmative action does not give preferences to less qualifiedpersons for jobs and for admission to college and professional schools. The problem is that those who are hired or admitted to universities are perceived as being less forbidden from doing it again. He goes back to the runner at the starting line who stereotypes of women and minorities and as such, we must reevaluate how we assess qualified persons and how we measure merit. One traditional measure on which we base our perceptions of merit, intelligence and ability is standardized tests. However, many proponents of affirmative action believethat standardized tests only perpetuate social oligarchy. The results correlate well with socio-economic status and are not necessarily good indicators of scholastic ability. It is ties and women remain economically disadvantaged. The black unemployment rate remains over twice the white unemployment rate; 97 percent of senior managers in Fortune 1000 corporations are white males; only 0.4 percent of senior management positions in Fortune 1000 industrial and Fortune 500 service industries are Hispanic; in 1992, 33.3 percent of blacks and 29.3 percent of Hispanics lived in poverty, compared to 11.6 percent of whites. In comparing the earnings of whites and minorities, studies typically found that women and minorities are paid less than their white male counterparts.. For example, the average income for Hispanic women with college degrees is less than the average for white men with high school degrees. Perhaps the most convincing evidence of blatant discrimination in the labor market demonstrating a need for affirmative action, comes from the recent cases against Texaco, Avis and Circuit City. Additional evidence of labor discrimination is shown in the "audit" studies conducted by the Urban Institute's Employment and Housing Discrimination Agency, in which white and minority, or male and female, job seekers were given similar resumes and sent to the same set of firms to apply for a job. These studies often found that employers were less likely to interview or offer a job to minority or female applicants. Affirmativeactioncannot seriously be consideredreverse racism and inherently unfair to white males. Whereas racism seeks to exclude, affirmative action seeks to include. It will cause the white male no greater harm than an increase in the size and quality of the pool ofapplicants he must compete with. Affirmative action should be viewed as a fair compromise. White males sacrifice the benefits ofless competitionwhile women and minorities sacrifice an immediate reform for a gradual social change. Besides, white males are already is a little bruised up and he tells him "Don't worry I saw everything that hap- pened and told the other runner that what he did was wrong and he shouldn't have done it." Then the official strolls back to his position and fires the starting pistol to begin the race where the runners left off. There is definitely something wrong withthis picture. In order to make it a fair race, we must allow the injured runner time to heal and then advance him fifty yards to be even with his competition. Similarly, affirmative action is designed to correct some oftheinequities in American society and to provide equal opportunity for all citizens. Toward that end, there are two general justifications: the remediation of discrimination and the promotion of inclusion. Both justifications are consistent with traditional American values of opportunity, merit and fairness. The gains from these programs benefit society as a whole by bringing together diverse skills, knowledge, talent and experience. Nevertheless, there is a general sentiment that affirmative action affords people of color unfair advantages, promotes the hiring of less qualified people, incites racial tension, continues even after its purposes have been achieved, creates reverse discrimination and is unfair to white males. The debate over this volatile issue has been more emotional than intellectual and has led to these false conclusions. Affirmative action does provide women and minoritieswith opportunities they would not have had otherwise. After all, that is what the program was designed to do. qualified. This perception is based on socio-economic status, not gender or race, which provides certain advantages thatlead todisproportionateperformance on these tests. This is obviously a poor indicator ofintelligence and isborne out by the fact that students who enter college with varying scores and degrees of preparation usually perform at the same level. Affirmative action brings about a challenge to traditional qualifications by forcing us to be critical of the way we assess the notion of merit. The argument is often made that affirmative action does little to promote harmony' in the workplace and institutions ofhigher learning because its beneficiaries are viewed with scorn by their counterparts. This argument lacks any basis in American history. Racial and gender biases are institutionalized in America and were not created by affirmative action. To the extent that these programs are able to dispel stereotypes byallowing people to interact and work together on the same intellectual level, they shouldbe encouraged. While it is fair to say that there has been undeniable progress in many areas, affirmative action has not yet achieved Wl.cn: 1 nursclai,, Marcli 6, 1997 from 7-10 prn Where: Caluniel Arls Cafe, 54 W.Clnppcwa Si. Wlnj: unction, open bar, qourinel HOI'S a oeuvres, live music, aancina, to raise scnolai"sliip tunas lor summer lellowsnips in areas of public interest law Oilpnl $15 In a<Jvancp/$2O ol llie Joor To * lit,! '" , Ikkel* t«nd cliccl parotic lo U.B. r<>iindcilion (81- !! l^) c/o K. MowaJl,, 374 WooJwarJ Ay«. Buffalo. NY M214 for more Informalion coll (716) 831-1658 ti mili- In,in Klcilii liiilil I|.|M rvtiiiJin) in llir |jn | ||oor linllwuil. rptfrve in the U.S. Due to initiatives like California's Proposition 209 which attack affirmative action on the state level and a push by Republicans Bob Dole, Newt Gingrich and ClintBolick for a bill to end it on the federal level, thereis a sentiment that the program will soon be eliminated. As it now stands, affirmative action is unlikely to be ended on the private, federal or state level. It continues to be strongly enforced as evidenced by the $176.1 million settlement by Texaco in a race discrimination suit. Furthermore, many House Republicans backed away from the bill partly out of election-year fears that it would alienate minority and female voters. Even if passed on the state level, as in California, it is doubtful that private and state institutions, which depend on federal funds, wouldcomply. In order for organizations to qualify for federal subsidies, they must develop and maintain affirmative action programs as part ofthe criteria. Failure to comply wouldlead to a termination ofthe funds. For instance, UCLA would stand to lose $212 million in federal funds if it complied with Proposition 209. If it did so, the State of California would probably not be willing to compensate UCLA for the lost revenue. The drive to eliminateaffirmative action is just one aspect of a political strategy to gain support by creating divisions within the society. The arguments against it have been refuted by the record because affirmative action has had significant success in terms of providing women and minorities with an avenue for upward social mobility. While there is a definite need for reform, dismantling the program in its entirety would reverse most of the gains ofthe past 30 years. America is not yet at the stage where we can rely on neutral societal principles to make a fair assessment of historically disadvantaged minority groups. Duilalo Public Interest Law Program Annual Deneiit Auction W luil: intertwined with a host of other policies of preferences: Tax breaks for corporations, subsidies for middle class home buyers, mass transit subsidies for white suburbs, million dollar price supports for corporate farms andof course, the $500 billion federal bailout ofthe savings and loan industry, the largest financial set-aside program in U.S. history. Minority programs are only a small part of the spectrum of preferential polices "ToiiO The -T-.mely, Probing, Cootro>/€rs toil , aocl (■Somefifnes) Pftinft)!. o , s / IvIoRIC, V FooLiJ —^ �THE OPINION February 26, 1997 SBA Meets for the First Time This Semester Barrister's Ball, Student Lounge and Athletic Fee are major topics by Jessica Murphy, Editor-In-Chief The first SBA meeting of the semester convened at 8:35 pm last night. Quorum was met. SBA President Prudence Fung presented the first report of the night. Fung announced that a date for executive board elections needed to be set for sometime between March 1 and April 12,an official 3L class director vacancy must be filled within 28 days and Fung also proffered suggestions for fundraisers. Fung announced a meeting of the Student Committee on Tuition Actions and requested that students volunteered to attend. 2L's Nathan Van Loon and Bahaati Pitt offered to go. The position currently held by 3L Scan Shannon at the Career Development Office will be eliminated next year because of funding problems. It was decided that SBA members will schedule a meeting with Audrey Koscielniak, the Director of the CDO. The grade distribution requirement as set by Karen Waltz still has yet to be met for some Fall 1996 grades, and many Spring 1997 grades. Vice President, George Hamßoussi had no report to give. Treasurer Bari Levant reported that the budget process must begin soon. Levant also reported that postage and miscellaneous expenses will be eliminated from student group budget lines next year. Parlimentarian Peter Thompson had proved. Student groups must hold their electionsafter the SBA electionsand SBA budget hearings. Letters will go out to student groups with further details. Thompson recommended that the Asian American Law Student Law Student Association's constitution should be approved. Student Committees werethe next to give reports. The Barrister's Ball Committee reported that less than 150 tickets have been sold so far, and that they must guarantee 175 people to attend the Ball. Last year, 285 people attended the Ball. So far, no hotel room rate has been obtained and that there most likely will be van service to whatever hotel is chosen. Bar Bri Bar Review donated $500.00 to help off-set costs of the Ball. 1Lclass director Kevin Clor said, "I was tellingpeople that Wednesday was the last day [to buy tickets], and people were shocked." The Community Service Committee reported that they were planning a bake sale for either next week or the following week. Plans were in the works for to donate books to city schools and for a blood drive in the first week of April. The Course Evaluation Committee had no report to give. The Facilities Committee reported that there was a meeting scheduled with theDeans for March 4 to discuss plans for the student lounge. Possibilities for the lounge include moving the vending ma- chines and placing locks on the doors. The Finance Committeereported that group money roll-over hearing will be held. Also, there will be a meeting to deal with the BPILP/SBA Coop and whether or not non-participating students groups could donate funds to contribute to the Coop. The Coop issue will be decided before the budget hearings take place. The Social Committee has no report to give. The 3LClass Directors reported that were trying to meet with Dean Olsen they regarding the announcement of Honors Graduates at graduation. The 2L Class Director Bahaati Pitt requested help with the yearbook. 2LJoe Reynolds stated thatthe Commencement Committee for 2L's will be organized soon. 2L Nathan Van Loon reported that the Undergraduate Student Association decided that they would give givemoney to the Athletics Program, and to do so they will impose a $100 per student fee each semester to support Division I undergraduate athletes at ÜB. Thompson said, "$140,000.00 to watch a bad basketball team?" Van Loon said, "You'd be paying $200.00 a year for something you can't participate in." Fung stated that she would contact the Graduate Program Governments to see if anything can be done. the minutes from the last meeting ap- WM MWHf £& i ffi M g. Ss %HI mm ( i H pi. ii 11 *w iiruiPi 'im-<. - 4 : 1 O®1b&« > lip , # «l Sure air bags work great in front-end collisions, but only a safety belt can protect you from side and rear-end collisions. So buckle up. And youll cover all the angles. YOU COULD LEARN A LOTFROM A DUMMY BUCKLE YOUR SAFETY BELT. The 1L Class Directors directed the discussion towards the installation of an on-campus telephone in O'Brian Hall and improved security measures. The SBA voted that if a group does not choose to use all of its alloted budget during the year, the remaining funds may not be given to BPLIP. The AALSA constitution was accepted unanimously. An on-campus phone may be placed in the student lounge, and pends upon a positive decision from the Deans. It was decided that Michael Stuermer's Class Director position is now vacant because he resigned. An election to fill his seat must be held in 28 days, and until the new officer is elected, the current officer remains in position. Elections will be held on April 2nd and 3rd to fill next year's executive board, University Counsel and two 3L Class Director positions. Petititionsfor those people interested in running can be started on March 7th and are due by March 14th. New officers will take positions on May Ist. SBA group elections must be completed by April 11th. A Midnight Basketball Tournament was voted as the fundraiser of choice and the details will be forthcoming. The meeting officiallyended at 10:09 pm. Additional Reporting by Kristin Greeley, News Editor 13 �PUBLIC SERVICE ANNOUNCEMENT THE OPINION 14 I February 26,1997 B B I ■ I ■ BPHS HHik B B -11 X B ,, •y£j§v?*y ' -~'M'' '*fSf*jif~''- BBfio'"'' . i R™n-.'.v.v. .■. -■ .■.'.■ XIKI Talking with a ■ LL ;■' i' .- i-/ L. friend who's being beaten up by her husband will never be easy. We understand that you want to say just the right thing, in just the right way. If you need help finding the right words, call 1-800-END ABUSE and we'll send you useful information and suggestions. Whatever you do, however, don't wait too long to offer her your help. At least one out of every three murdered women is killed by her husband or boyfriend. So your friend might not have the luxury oftime. - I TiT~iß|^|fjf»i^lf_^'W J SSc! *flij\ for Domestic Violence. I'dmiJy violence Prevention Fund �February 26, 1997 PUBLIC SERVICE ANNOUNCEMENT , fl^^HMPi ■ J ■ ,• "!ffj» .'ft-ft- HHE ft *» / , *t^^ff m V." 9 /»'-■" - * W't'ttf' THE OPINION ' ' rtßvW'' 15 -.''/W#p ABILITY TO STOP CHILD ABUSE IS FINALLY AT OUR FINGERTIPS. Now there's a way you truly can help stop child abuse. By simply lending your support to a new kind of prevention program. A program that teaches new parents how to deal with the stresses that lead to abuse. One that interrupts the cycle of abuse before it can begin. We're already achieving unprecedented results, but we need your help where you live. Call 1-800-C HILDREN. And learn how close at hand the solution to child abuse really is. THE MORE YOU HELP THE LESS THEY HURT. IKIHBDDBDDDDQQBDHI y— (JOUKI National Committee to Prevent Child Abuse *a* lltt �THE OPINION 16 8.-.R I1 jFMil* 4i!m| «« / L ygL 'MJJ REVIEW CONGRATULATES ALL WINNERS OF THE MOST SIGNIFICANT LEGAL EVENT OF THE PAST 25 YEARS ESSAY CONTEST I f February 26, 1997 3t j0h n ' s University School of Law [■MM^iPiHiWI No gunshots were fired, no church bells rang out signaling chaos. Yet the most powerful man, in the most powerful office in the world, ejected himself from the apex of power — the Presidency of the United States of America. And the greatest legal document ever drafted, the Constitution, held the fabric of our nation together during this tumultuous time. m^ question the conduct of their sovereign leader. mjJ And so, with much trepidation in the summer of 1974, the House of Representatives — following the Constitution — drew three Articles of Impeachment accusing the 37th President of extremely serious crimes. The accusation of obstruction of justice stood foremost among the charges as an impropriety with grave implications upon the person charged with "faithfully executing the laws" of the United States. mm €For fto all the dismay and outrage exhibited at the time, no riots erupted, no fight for power ensued, no military coup took ; place and no revolution broke out. In like circumstances, such frightening incidents have occurred in every corner of the globe. With peaceful, determined order, the Constitution handed over the mightiest of its responsibilities the presidency. We have it to thank for our nation's continuing stability and prosperity. - € zumeZrUP HOOO % A iSOO 3fiß/m JGHOMKHfP Heather Barr M g Columbia Law School % m%wp®2£i Mi// Steven Grant fQuinnipiac €* € Wk ////// While it is the most significant legal event in the last twenty-five years, few would recognize it as such, because we too often neglect and take for granted the sacred charter. Few would remark that it was the 207 year-old dusty parchment that provided for an orderly and fair judicial process by which citizens, through their chosen representatives, called into The Judiciary Committee voted to impeach; now the question would go to the House floor for a full vole on whether to mm subject the President to a trial by the 100-member Senate, mandated by the Constitution. Such a trial would rock the nation to the very core of its existence. It did not occur: the President resigned from office. Again the Constitution was there Wl Following its detailed instruction, the Vice-President became the 38lh President. % mL { f€ Law School & Anne Marie Troiano St. John's University School of Law scwimwp uvm Cheryl Hammel (Seton Hall) $2so Brent Adams (NYU) Alison Butler (Columbia) Marinn Carlson (Yale) Eric Chalif (New York Law) Kenneth DeStefano (NYU) Douglas Ebeling (Vermont) Daniel Eisenberg (Syracuse) Kevin Heffeman (CUNY) Ellen Keng (Rutgers) Jeremy Lechtzin ((NYU) Jonathan Lefkowitz (Rutgers) Thomas Martin (Seton Hall) Tami Parker (Columbia) ' mm <mji W^ ////// IJJm mm $# m yjL f J m m S Amy Powell (Pace) (M Alyssa Preston (CUNY) Melissa Rothstein (Columbia) Janet Runcie (Touro) Jason Sterling (Mass. Sch. Law) ym Susan Teschner (NYU) m/// Jeffrey Harris Ward (CUNY) /J/m l^ � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Opinion, 1997-02-26 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. The Opinion no. 8 26.02.1997 Date Issued Date of formal issuance (e.g., publication) of the resource. 2/26/1997 Bibliographic Citation A bibliographic reference for the resource. Recommended practice is to include sufficient bibliographic detail to identify the resource as unambiguously as possible. 37 8 Publisher An entity responsible for making the resource available University of Buffalo State University of New York at Buffalo Law School Language A language of the resource eng Type The nature or genre of the resource Newspapers Text Is Part Of A related resource in which the described resource is physically or logically included. LIB-LAW003 Rights Information about rights held in and over the resource <a href="https://rightsstatements.org/page/CNE/1.0/">COPYRIGHT NOT EVALUATED</a>. The copyright and related rights status of this Item has not been evaluated. Please refer to the organization that has made the Item available for more information. You are free to use this Item in any way that is permitted by the copyright and related rights legislation that applies to your use. This digital collection is made available for research and educational purposes. Researchers are responsible for determining copyright status, and securing permissions for use and publication of any material. Copyright for items in this collection may be held by the creators, their heirs, or assigns. Researchers are required to obtain written permission from copyright holders and the University Archives prior to reproducing or publishing materials, including images and quotations. For inquiries about reproduction requests and permissions, please contact the <a href="http://library.buffalo.edu/archives/">University Archives</a>. If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/cb0502d04797c7e7678388b5e4566b79.pdf 05fa1e7f933a53651c9018ad24681857 PDF Text Text J NEWS UB loses Environmental Law Clinic, page? / A 6 J I [ J FEATURES OP\ED A Return to Normalcy, page 4. I H Tradition, Iconoclasm and Acceptance, page 2. Bringing the issues to the students since 1949 THE OPINION Volume 37, No. 7 UB battles back from tuition hike byLeonard Heyman, Staff Writer deadline, and everybody who applied by the extended deadline also got $625 toWhether such financial According to law school officials, the $625 per semester tuition hike which was put into effect this semester should not have prevented any students from attending law school. Dean Alan Carrel said that everybody who had SUSTA got the tuition paid for, and that the school set aside some money for other students who needed it. Carrel said, "Everybody who applied by the deadline received a grant for the full amount ofthe addi- aid remains available in the face of Governor Pataki's proposed SUN V budget cuts remains to be seen. The Times Union in Albany re- ported on January 30 that "[tjucked into Pataki's proposed 1997-98 budget is a plan to eliminate the state's [$2.3 million] Tuition Assistance Program for all graduate students." Dean Carrel said it was too early to tell how pressure tional tuition. We then extendedthe See Tuition, pg 6 wards their tuition. So, anybody who Commencement Committee Plans Ceremony, Festivities by Kristin Greeley, News Editor This year's commencement committee is hard at work planning the commencement ceremony and activities for Senior Week. The committee was formed last Spring. Most ofthe members volunteered for the committee to Marie McLeod. The original group of twelve met once over the summer. The SBA believed that the committee should solicit members from the senior class at large, so it advertised. Four letters of intent were received; all applicants were added to the committee. Dean Boyer is the faculty member/advisor. Student committeemembers include: 3Ls Stacey Davis, Leslie Piatt, Jessica Murphy, Georgette Hasiotis, Michael Kotin, Molly Kocialski, Melissa Hancock, Steve Berman, Scott Lovelock, Kirn Schwinge, Lynn Wolfgang and Joanna Silver. The main concern of the committee has been to find a speaker for commencement. Originally, the committee had planned to have graduating seniors vote for the speaker. February 12, 1997 STATE UNIVERSITY OF NEW YORK AT BUFFALO SCHOOL OF LAW However, when the commitee solicited suggestions from the class, they received few responses. Their first choice was Supreme Court JusticeRuth Bader-Ginsberg. This choice met with opposition from the University. The University invited Ginsberg to speak at their Susquecentennial celebration. The law school was unable to host Ginsberg because the University had already conferred an honorary degree on her, and would not allow the Law school to give her another. The Committee's second choice, Chief Justice ofthe New York State Court ofAppeals JudithKaye, declinedthe invitation. According to Dean Barry Boyer, Justice Kaye said that early summer is a busy time for the Court and speaking at commencements at that time can be overwhelming. The committee now has a verbal committment from Herald Price Fahringer, Esq. Fahringer is a partner in the New York City firm ofLipsitz, Green, Fahringer, Roll, Salisbury & Cambria. He specializes in First Amendment litigation and has argued fourteen cases in front of the U.S. Supreme Court. Fahringer, a 1956 UB Law alumnus, serves on the Dean's Advisory Counalso cil. Currently, Mr. Fahringer is involved with the litigation regarding the "zoning- out" of the adult entertainment industry in New York City. "He's a very noted, celebrated attorney, and a UB grad. That's something to be proud of," said committee member Lynn Wolfgang. "We looked for someone who had the reputation and ties to the University," said committee member Molly Kocialski. "I think he will be a very good speaker...He's a very interesting and engaging person. It should be interesting," said Dean Boyer. In addition toprocuring a commencement speaker, the committee is also responsible for collecting nominations for student speaker and the faculty awards. The committee is also planning a Senior Week of social activities this year. The committee has not finalizedany plans for Senior Week activities as of yet, but will in the next few weeks. They are also looking for ways to fund these activi- ties. "We got an early start... We're going to be doing a lot of things for SeniorWeek. We justneed to nail things down and look at the financial situation," Kocialski said. She added that if anyone has any ideas for fundraising or Senior Week activities, they should contact one ofthe committee members or Marie McLeod in Room 3068. "I hope lots of people will come to the activities. The idea of having some fun after all ofthe work of law school is a good one," Dean Boyer said. UB Trial Technique Makes History Again The University at Buffalo Law School is more than just a force to be reckoned with whenit comes to trial technique. They were the team to beat! Each team of three competitors placed within the top eight teams out of a field of thirty two squads competiting from schools whichhailedfrom New York State, New Jersey and Connecticut. The competitors which represented UB were 3L's David Pfalsgraf, Caroline Hooper, Kristina Karle, David Plochocki, Daniel Killelea, Jessica Murphy and Michael Beckelman. Theteam blossomed under the tutelage ofthree area attorneys, Diane LaVallee, Jaseph Marusak and Robert Murphy, who gavecountlesshorns of coaching and support. v See the next issue ofthe Opinion for details and pictures! y Environmental Clinic Era Ends by Leonard Heyman, Staff Writer Dean R. Nils Olsen's much loved Environmental Law Clinic is in its final semester. The slated cancellation has motivated some students to circulate a petition in hopes ofswaying the administration to reconsider. They will be meeting with Dean Boyer on Friday, February 14, dodiscussthe clinic's fate. "I very much regret it," Olsensaid, "I've enjoyed it enormously. Its been a wonderful experience. I've worked with a lot ofvery fine students... and we've provided a public service to a degree." Olsen says he simply doesn't have enough time to do the clinic anymore. lt just isn't fair to me or the students or the clients to continue something when I ye got all these otherresponsibilities," he said, referring to his administrative and teaching duties. When asked of the possibility of hiring staff to carry on the clinic or even to provide another environmental law clinic sometime in the future, Olsen responded, "We are not hiring people. We don't have a lot of money. This is a very sophisticated and difficult practice. I would have to hire an experienced lawyer, and they don't come cheap." In response to rumors that the environmental law clinic has succumbed to political pressures, Olsen responded, "it isn't anything political at all. If it was, I wouldchange what I was doing, I suppose. There is a lot ofdifferentkinds of environmental law." "Clinical courses provide an understanding ofthe essential relationship between thinking about legal problems and dealing with client problems," says the 1996-97 Law School Catalog. Ron Link, a 1L who took an environmentally-related bridge course last month, said that the clinic representeda significant asset to the school. "Two alumni spoke in my bridge course and they raved about it. Some of the students probably a dozen or so were getting excited about it," Link said. He added that when he heard itwas to be cancelled, he was disappointed. The students decided to show their support for the course by starting a petition to keep the course. v - — See Clinic, pg 6 - �2 FEATURES THE OPINION February 12, 1997 BUFFALO CHIPS Columnist Terry McNamara Clinton Inauguration A Mix of Tradition, Iconoclasm and Acceptance President Clinton took the oath of office for his second term Monday January 20, Martin Luther King Day, amid a weekend celebration of both the traditional and not-so-traditional touchstones ofAmerican culture. Amassive fireworks display, with nine separate locations around the District, was coordinated with a radio simulcast of patriotic tunes, allowing families from everyneighborhood to enjoy the display without having to travel far from their homes. This turned out to be very good planning given the bitter cold that swept the entire nation that weekend. Police cars took up position on the shoulders of all the expressways circling the city, leaving their flashers on to protect the rows of car pulled over to watch the spectacle. Saturday and Sunday saw the Mall between the Capitol and the Washington Monument filled with hundreds ofthousands of spectators. Large heated tents served as auditoriums, with the crowds exceeding by far any seating capacity inside the tents. Complete strangers from all walks oflife stoodtogether in huddled groups to protect themselves from the cold, listening to loudspeakers relaying the events inside the tents. The choice of performers purposefully emphasized "a little something for everyone," as every conceivable niche in American culture was presented at least once somewhere over the two days ofactivities. Performers included everyonefrom Elmo and the Sesame Street Gang to the Washington Gay Men's Choir to a recreation of the Will Rogers stage show of years past, from American Indian dancing troupes around the country to African-American storytellers, to Celtic performers to Bob Weir of the Grateful Dead. Sixties iconoclasm showeditselfalive and well outside the Weir and Friends show on Sunday, as theunmistakable smell of marijuana wafted through the crowd, and college students dressed like Andean goat herders danced the afternoon away in the crisp, blazingsunshine as uniformed and plainclothes officers everywhere nonchalantly stood by taking in theactivities. The Inauguration began Monday morning withasingalong ofpatriotictunes led by the United States Marine Band with choirs from local universities, and an invocation delivered by the Reverend Billy Graham. The Vice Presidential Oath was administered to Gore by Ruth BaderGinsberg before William Rehnquist administered the Presidential Oath to Clinton, with a musical interlude performed by Jessye Norman. Horror came to my face as people in their twenties around me, obviously enrolled in college from their previous conversations, asked each other who was this Jessye Norman! My generation disappointed me twice during the ceremony,first by not knowing such an American icon as Ms. Norman, and secondly by the young men in the crowd failing to remove their baseball caps during the Pledge of Allegiance and the National Anthem. To fail to remove them was only a combination of vanity and ignorance of decorum. For a crowd so politically mobilized as to have acquired tickets to the Inauguration to begin with, such ignorance was overwhelming! Security around the Inauguration was a combination of alertness and unobtrusiveness. Snipers were posted on the rooftops ofall surrounding buildings; uniformed and plainclothes officers were everywhere. Food vendors were banned from the area for fears of a sabotaged exploding propane tank decimating the nearby crowd. Yet 250,000 people entered the cordoned-off area of the Mall without having their purses or backpacks searched at all. Any explosive or firearm could have been brought into the Mall without the slightest worry of discovery until such a weapon was drawn. People sat on the ground along every wall throughout the Court and the upper floors, eating their first meal since boarding their trains that morning. The Station looked like a refugee camp as people, famished from having walked miles in the cold over the course of the day, scarfed down anything from whatever kiosk they were lucky enough to find still stocked with food! The Inauguration and the following Parade were family events through and through. Marching bands from around the country abounded, with the Chiefs of American Indian Nations across the continent holding the honor of leading the Parade. Children sat on parents' shoulders, or up high on platforms along the route, or in otherwise off-limits park grounds with their mothers holding their hands, wherever they could see the event easier. There was an almost complete lack of protesters anywhere on Monday, with only two exceptions that I saw along the parade route. The first was a single fourfoot-by-seven-foot captioned photo of a supposedly aborted fetus, in full technicolor. The second was a group of protesters holding anti-gay signs with such intelligent captions as "Save The Gerbils" accompanied by a lewd cartoon drawing, "Hillary Clinton: Fag Lover (Lev. 18:22)"and "Bill Clinton's America Is The Fag Capital Of The World." A single man came up to this crowd and began chanting "put the signs down!" as the Presidential motorcade approached. The entire crowd backed up this lone soul in humiliating these people for their meanspirited attempt at ruining the day for others. The ignorami held on just long enough to make the appropriate brouhaha as the flatbed carrying the Press Corps drove by, before beating a hasty retreat taking their hate signs with them. When presented with the choice of protecting the spirit ofthe day for everyone and their families and friends, or allowing a small group ofhatemongers to ruin the day, the crowd chose acceptance over hate. That made me proud to be American. ETHICS EXAM THE PIEPER MPIIE REVIEW * 7 1/2 Hours of Lecture * 240 Page MPRE Review Book * IJO Practice Questions and Answers * A Complete set of Mnemonics to aid in the recall of the rules to To introduce you the Pieper program, John Pieper is offering the MPlti: Review 100% FREE to any and all students taking the exam, whether you are registered or not. Please call 4or locations and to reserve a seat. Live Lertmrts Feb. IS. Tmme Leetmremi Feb. S3. Mar. 2 A Mmr. 9. mmmetmmpnm I I 1-800-635-6569 �NEWS/FEATURES February 12, 1997 News Briefs Chow Down with Dean Boyer Do you dream about having the Dean's attention for just five minutes in order to voice a concern or find out what he's thinking about a certain issue? Well, dream no more. You can have lunch withDean Boyer onWednesday, February 26, at noon in theFaculty lounge. Lunch with the Deans is the brainchild of 3L Jeff Stravino. Stravino got the ideafrom similar lunches held in the Management School. He approached Dean Boyer with the idea, who was quite receptive to it. Stravino says that the reason for the lunches is to open up a dialogue among the students and administrators. Students can voice concerns and their experiences with the law school. "It also gives the Dean the opportunity to discuss what he's doing, for example, with respect to the new curriculum and budget cuts, and to get feedback on the Bridge Courses, " Stravino said. According to Stravino, Boyer is especially interested in getting studentfeedback on theBridge Courses. The meal will be a brown bag lunch limited to about 15-18 students. Interested students should leave a note in Stravino's Box, number 818. Attendance is on a first-come, first-served basis. Stravino hopes that students from each class will attend. Stravino said that ifthislunch with Dean Boyer is successful, there will be more in the future featuring other Deans. ■r HF ■r ' THE OPINION 3 ... In and Out of the University UB Law Professor Elected President of Law Association David M. Engel, professor oflaw and director of the Baldy Center for Law and Social Policy at the University at Buffalo, has been elected president of the 1,400 member Law and Society Association (LSA). Engel will be installed as president at the group's annual meeting in St. Louis in June. Membersofthe LSA, founded in 1965, include U.S. andinternational scholarsfrom the fields of law, sociology, political science, psychology, anthropology, economics and history. Concerned with the role of law in social, political, economicand cultural life, a major aim of LSA is to encourage input from a variety of disciplines into the study of sociolegal topics. A UB faculty member since 1985, Engel teaches courses in law, culture and society, andlaw and social science. A book he co-authored, Law and Community in Three American Towns won LSA's book award in 1996. He is the associate editor of Law & Society Review, the LSA journal. Before joining the UB faculty, he served as a research attorney and project director for the American Bar Foundation and as a Peace Corps volunteer, teacher and educational supervisor working in Songkhla, Thailand. Karen Richardson who gave birth to Matthew Joseph also on February 2nd. Techno-peasants take notice According to Technology Support, about 50 law students do not have e-mail accounts through the Unix system at ÜB. Tech Support Staffer Helene Borden says that itwould make life easier for professors who wanted to communicate with their students via e-mail if Tech. Support could give the professor a complete list of e-mail addresses for an entire class. This would save professors the trouble ofhaving to use class time to find out students' e-mail addresses that they have through other services. To activate an account (we all have them, some people simply have not activatedthem yet), students onlyneed to go to the Computing Center and get their passsword. Lawyers Group Hosts Luncheon It's a Boy!!! Congratulations to Kimberly DeWaal who delivered a health baby boy, eight pounds and five ounces on Sunday, February 2nd. Congratulations also to 3L iPil\U Mr 4 B mBk --.mX *ai M Western New YorkLawyers forLife will present the ninth Thomas K. Twist Luncheon Lecture, at King's Court Restaurant, 189 Delaware Avenue in Buffalo, on Thursday, February 20, at 12:00 noon. Those attending will view a 25 minute video documentary, After the Choice, in which women relate their personal experiences before, during and after undergoing elective abortions. All interested members of the public are welcome. The luncheon price is $ 10.00($6.00 for students). Please call Holly Hite(631 5661) or Amy Zuba (634-6750) to make reservations. B^^BBLUkjiWi^ijUn '^B y B* '■^f^P^^aM^^^aaal CHILD ABUSE PREVENTION CAMPAIGN MAGAZINE AD NO.CA-2768-90-4 5/s" x5" [110 Screen] Volunteer Agency: Lintas: New York, Campaign Director: Beth M. Pritchard, S. C. Johnson & Son, Inc SUMMER LAW STUDY in Barcelona Dublin Florence London Oxford Paris Russia San Diego T JIT) University of San Diego FOREIGN LAW PROGRAMS SCHOOLOF LAW 5998 Alcala Park San Diego. CA 92110-2492 e-mail: cking@usdlaw.acusd.edu fax: 619/260-2230 URL: http://192.215.86.80r http://www.acusd.edu/OnCampus �EDITORIAL THE OPINION 4 OPINION Founded 1949 Volume 37, No. 7 && Fe bruary 12, 1997 February 12,1997 Tell us your opinion! rrent ff you hsve a that concerns the law school community, write to The Opinion. Letters to the editor are best when written as a part of a dialogue and must not be longer than two pages double-spaced. Perspectives are generally opinion articles concerning topics of interest to the law school community and must not be longer than events topic A!i s«l*BfesKH»are4Be(be Wednesday before wepublish in the hotJwc outside Jessica V. Murphy Editor-in-Chief Julie E. Meyer Managing Editor STAFF Business Manager: Scott Bylewski News Editor: Kristin Greeley Features Editor: Jill Ann Baer Photography Editor: Sami Manirath Art Director: David Leone Layout Editor Rochelle Jackson Assistant News Editor: SA. Cole Senior Editor: StevenBachmann Dietz The Opinions a non-profit, independent, student-owned and run publication funded by advertising fees. The Opinion, SUNY at Buffalo Amherst Campus, 7 JohnLord O Brian Hall, Buffalo, New York 14260 (716) 645-2147. The Opinion is published bi-monthly throughout the Fall and Spring semesters. It is the student newspaper ofthe State University ofNewYork atBuffalo School ofLaw. Copyright 1996by The Opinion, SBA. Any reproduction olmaterials hereinis strictlyprohibited without theexpress consentoftheEditor-in-Chief and piece writer. Submission deadlines for letters to the editor and Perspectives are 5 p.m. on the Wednesday preceding publication. Advertising deadlines are 6 p.m. on theThursday preceding publication. Submissions may either be mailed to The Opinion, or dropped offoutside of the Opinion office in th ebasement of O'Brian Hall, Room 7. All copy mustbe typed, single-spaced, andsubmitted on paper and on acomputer disk (IBM-WordPerfect 5.1). Letters are bestwhen writtenas apart ofa dialogue and must be no more than onepage. Perspectives are generally opinion articles concerning topics of interest to the law school community and must be no more thantwo pages single spaced. We reserve the right to edit any andall submissions as necessary. The Opinion will not publish unsigned submissions. We will return your disks to your campus mailbox or to a private mailbox if a selfaddressed stamped envelope is provided. The Opinion is dedicated to provide a forum for the free exchange of ideas, therefore not all theviews expressed in this newspaper are necessarily those of the Editors or Staff of ReEDtIuTOrN nALh:o ormalcy Getting slashed to death is a rough But watching culture get slashed while you stand powerless to stop the action is a rough way to live. Nicole Brown Simpson and Ronald Goldman weren't the only victims in that media way to go. feeding-frenzy known as the "OJ cases." The American people, the American justice system, and theAmerican media went right down with them. Now that the cases are over, Nicole Brown Simpson and Ronald Goldman aren't coming back. But the people, the system, and the media have to persevere. What will happen, as we poke our heads out of the bomb shelter to re-invent the scorched earth around us? The American people will recover. We always do. It's no accident that Jonßenet Ramsey, with her bleachedblond tresses, has already pre-empted Nicole's shining locks on the cover of the finer tabloids. It's no accident that Ennis Cosby, although a personage slightly too wholesome to really do his venue justice, took up the slack when it was obvious the Ramsey case wasn't going anywhere. If this sounds more like a problem withthemediathan withthe people, harken back to your Adam Smith and the law of supply and demand. The people dictate the pablum they consume. They want dirt. They want Lizzie Bordens, crashedplanes, and sightings oftheFour Horsemen in Dcs Moines. So that's what they get. We as a nation will always find victims to espouse and villains to eschew. Regarding the system...the OJ cases did something odd to the American public—turned them into backseat lawyers, and bad. Good, because anything that demystifies the system, bringing it closer to thelanguage of "the people," is a positive thing. Bad, because like that first-year law student, "the people" might labor under the illusion that the ability to speak multisyllabically means you know what you're talking about. Any research and writing instructor will snicker derisively while telling you this is not the case. And as for the media...well, they've learned to slant the facts they render us with a precision that no longer requires any facts. Like the wolf brings food to her cubs, the mainstream media are serving us pre-masticated, broken-down foodstuff that's easy to swallow and even easier to digest. They won't hand you the nice meaty sirloin that represents thebare facts of the case. No, rather, they will charge you extra on the cover price so they can do your thinking for you. Newsweek is a prime example of this. Scan the pages to see howoften they use the phrase "what this means i5...," "it is understood that....""consider this analysis...." The problem being, this type of fact manipulation is being presented as news. Not as commentary, not as editorializing, but as bald fact. Chew enough of this stuff and, to get referential about it, "you can't handle the truth." The OJ cases brought this interpretational tendency to the forefront of the media. From demystifying evidence to analyzing the structures of arguments, the media has worked hard to give the puritan portrayal in "The Crucible." Now, people what they want, and to do it in such a way that they can never go home again. OJ Simpson is finally free to go, to get back to the society he has helped warp armed withslick legalese from the competent lips of Greta Van Sustern and her posse on "Burden of Proof," most couch potatoes can throw around some latin and some dicta with the wit and aplomb of a into the end of the twentieth century. But we will never be free of the influences his cases helped create and shape. Doesn't it just make you want to go watch "The Naked Gun" and remember the good of first-yearlaw student. Which is both good days. shotgun judges and sideline jurors. Before, we were a mob, fit only for symbolic of tiie Opinion Office. Yout submission must be typed, single-spaced, and submitted on paper and An a computer d»k (IBM-WordPerfect 5.1 format). Send your 1■ LETTERS TO THE EDITOR Drug legalization a governmental game Dear Editor: In IheOpinion's feature on druglaws, Stephanie Cole and Tony White debate the pros and cons oflegalization. They set up a conflict between individual sovereignty and public welfare. Cole argues that anti-drug laws not only violate selfdetermination, but also inflict damage, pain and deathon those whochoose not to do drugs. White, on theother hand, advocates the protection of society against the evils of legalized drug use and feels that this protection is worth the sacrifice of some personal freedom. Both writers, however, miss the point about drug legalization. It has nothing to do withfreedom of choice or public health and has everything to do with money. How long will it take people to realize that this is not a government for the people and by the people? Coleand White are still under the impression that this government is the kind described in the Constitution, so they base their arguments on ideals that may sound good, but carry no real meaning. When this government makes decisions, it focuses on only one ideal the bottom line. This is a government of corporations. The laws that get passed servethepurposeofmakingmoney for corporations. Drug laws fulfillthis purpose in the most effective way possible because every corporation in America benefits in one way or another from the current drug laws. Tobacco and alcohol corporations profit a ton of cash, but they also hidethe other corporations that benefit from antidrug laws. Is this too much governmental paranoia? Let's examine one effect of the current drug laws that neither Cole or White looked into. With the present drug laws, there is overpopulation in the prisons. Every major facility is operating above capacity and don't forget the prisoners who should still be there but were - let out early because of overcrowding. The demand for prison space has resulted in a boom in the prison construction industry. Imagine what goes into building a prison. First, plans need to be drawn up, estimates are given and sites selected. All ofthis makes money for someone. Next, consider the actual construction of the structure, the plumbing, the electrical wiring, basically all of the things that go into the building of a house, except that this one costs somewhere in the range of a hundredmillion dollars. Again, thismakes money for someone. Now, there is the maintenance, the surveillance, the staffing, the food supply and everything else that it takes to keep a town or city running because this is what a prison is. How much money is made here and how many corporations are involved? Several billion and a lot. Drug laws make sure that prisons remain thriving cities. And they also guarantee that tobacco, alcohol and other legal drug manufacturers get their piece of the cash pie. Why would the government want to change this system? Legalization will generate dollars, but can it do what the drug laws now do - create whole new cities? Would the government legalize just for the sake of self-determination? I don't think so. And as for Mr. White, if the government was concerned about public welfare, then alcohol and tobacco should be the illegal drugs because every year they kill more people than all other illegal drugs combined by aratio of 20- to -1. Money is at the root ofthe drug laws andright now the system is working perfectly. The issue of drug legalization is a game the government plays on the public, much like its game ofvoting and making a difference with a single vote. The purpose is to get people involved and believing the government and to keep people from thinking and investigating issues for themselves. Drug laws have always been there to make money. Everything the government doesis about money. If marijuana or heroin is ever legalized, then it will be for the single reason that legalization will create a more profitable system than the one in place now. Tony Cao, 1L Barrister's Bah BASH! Dear Editor: Attention Law students, break out your fancy duds because it is once again time for theannual Barrister's Ball Satur- day, March 8. is the day to see everyone decked out in their finest. This year the ball is being held at the Statler Ballroom. There will be a cocktail hour with open bar and a sit-down dinner followed by dancing. Attendees will have their choice of a steak or chicken entree. Tickets go on sale at the SBA office on February 17th. There are 250 subsidizedtickets available. Forty of those will be designated for non-law students. The prices of the tickets still need final approval from the SBA, but are tentatively set at $25 for subsidized and $33 for unsubsidized. Last year 285 people attended the Ball. There is no limit on the amount of tickets sold,but the SBA has a deadlineby which they must submit a final count. Sincethe StatlerBallroom is notpart ofa hotel, the SBAPlanning Committee is also looking into having a shuttle to a downtown hotel for those who wish to stay overnight. Student Bar Association �OP-ED February 12, 1997 THE OPINION 5 Follies and Fumbles Greg Mattacola Columnist Who Rocked and Who Sucked in 1996! Welcome to yet another semester of thrillsand spills with Follies and Fumbles and welcome to the second annual yearin-review column. Of course, in most newspapers, this would have ran on December 31 st or New Year's Day, but who said this was most newspapers? For those ofyou who don'tnormally tune in - "rocks" is the highest Follies and Fumbles compliment attainable. For example, Springsteen? He rocks! And in tribute to the God of Sports Radio, Jim Rome, "sucks" is now the worst you can be called here. For example, Oliver North? He sucks! Get the picture? Without further ado, let us go forth andpay our respect, or lack thereof, to those who have distinguishedthemselves in the past year. Why? Simple. It is impossible to successfully go forward until you have completely faced the past. Besides the philosophical garbage, it's a lot of fun. Oh, one last thing - some people may appear on both lists. In today's world, it is growingincreasingly difficult to findsomeone who truly rocks in every aspect and facet. If that was the standard, there would be a thousand "sucks" and no "rocks". Thus, a person may rock for one action andsuck for another. Gotit? Good. YOU ROCKED! Team Back Fat Who? Say what you want but you have to give it up for the local boys before you turn global. Team Back Fat was an intramural basketball team comprised mostly ofour fellow classmates that stunned all opponents and won - the UB Intramural Championship in the Fall semester. The team was comprised of Tim "I have no problem shooting a lot" Benedict, Steve "Chocolate E" Clar, Dave "Strawberry E" Clar, Pete "I live in the Triple Gym" Thompson, Frank "Never late to talk but always" Early, Craig'TJon't ask me" Howe, and Dave "Nothing goes with my name" Fitch. The title game was highlighted by the very entertaining and sometimes on-target passing ofDave Clar, all out hustle from Steve Clar, and jumpers stuck from everywhere and anywhere courtesy ofTim Benedict. Greatjob fellas, you did us all proud. Sports Broadcasters Bob Costas, Mike Tirico, Joe Buck & Andrea Kremer Costas may be the king of melodrama but the guy is on top of his game and rules the pack. He handled the Olympics beautifully. Tirico is on his way to being a great one and no-name Buck did a very solid job with the World Series. Kremer is the most underrated broadcaster in sports and she should definitely get better slots in years to come. That's right, no mentionofChris Berman. When was thelast timehereally wowed you? He seems to be just maintaining status quo and that does not a "rock" make. Beck He's a flaky little dude but his album Odelay is the finest in a while. In an age where alternative has become mainstream, Beck is a refreshing twist and what many have called the future of mu- only reason I went was because I made a deal with my wife. I went to this in exchange for her seeing the magic of Star Wars. Yet, I'll give credit where it's due. Madonna rocked. I barely dozed off and it was almost two-and-a-half hours long. Solid performance. Michael Johnson He is cocky and the golden shoes have got to go, yet he backs up his smack with some serious jets. The first to win gold in both the 200 and 400 meters, Johnson was amazing and deserved everything he got. Evander Holyfield Probably my - - most bitter entry on the list as I am a true Madonna in Evita It is true thatthe fan ofpugilism and I missed this making of history to attend an in-laws birthday party! My pent-up hostility aside, the socalled has-been shocked the world by bringing down Tyson with authority. I don't know where that fight came from but he administered a true a*? beating! Corey Fuller's Hit on Antonio Freeman I don't know who else was watching the meaningless final game of the regular season between the Packers and the Vikings but Minnesota d-back Cory Fuller erupted like Mt. Saint Helen on Green Bay receiver Antonio Freeman. It was to football what Swan Lake is to ballet. A thing of beauty. Even more impressive, Freeman got right up! Kerri Strug -1 know that we've all seen it a thousand timesand I do try to shy away from the mainstream but this column rewards those who suck it up and get the jobdone. Strug is one of those people. The Best Source: People and the 5-Foot Rule meeting with alumni, you can either ask them for ajob or ask them for information. Where to start? Startby talking with people: friends, relatives, classmates, schoolmates, even strangers. One of our career panel speakers suggested using the "5 foot rule"... be sure that anyone who comes within 5 feet of you knows you are a law student and you are looking for a job. People oftenlike to help people, and they may give you a suggestion. Graduating 3L's will be leaving their law clerking jobs to study for the bar. Often their employer may ask the outgoing 3L to find his/her own replacement. interview." Get a sense of the job market, practice area, the legal community of the geographic area and, most important, the name(s) ofpeople to whom you can apply for ajob. Check the "Informational Inter- - - sic. - - ... Dear Audrey by AudreyKocsielniak, Assistant Dean for Career Development Dear Audrey: I know there are jobs to be found at the Career Development Office, but I'm curious about jobs with employers who do not submit listings to CDO. Are there potential employers out there who do not use CDO? Where do I find these people? How do I contact them? Do you have any suggestions? Sincerely, Lost Dear Lost: There is no such thing as the "Directory of Unidentified Employers" (alas). Although a number of employers will go through the formality of posting a job at CDO, most hire in an informal, unstructured and erratic manner. The reasons vary: e.g., they don't know about our services; candidates have always come to them, so they have never had to solicit applications; they don't think they need to hire; they are too busy to get around to posting. Therefore, creativity, initiative and perserverence become the keys to employment success. In addition to looking at listings in the Job Books, narrow your jobsearching focus to areas of interest, geographiclocation and type ofemployer. Then research that targeted segment and apply to any organization that meets your criteria and is of interest to you. Go for the latter and do an "informational Casual conversations can also lead to jobs. For example, a recent UB graduate started talking to a woman sitting next to him on an airline flight. It turned out the woman's brother had a small law firm (in the graduate's geographic area of interest, no less). That fellow passenger provided the introduction, and our graduate got a job! Alumni can be veryhelpful, particularly if you are interested in a specific geographiclocation or practice field. Start with theBAMP binders (Buffalo Alumni Mentor Program) in Room 610. These are alumni who have volunteered to be a guidance resource. General law alumni lists for geographic areas are also available (check with Gale Strausds in CDO). Don't forget your undergraduate school alumni network. Many colleges maintain very strong alumni networks, and these people can be an excellent starting point for information. When view" binder (Job Hunt binders) in Room 610. Other Sources: — Telephone book Lawyers can advertise now inthe yellow pages, and a high percentage of firms (particularly smaller firms [the most likely employer for a IL]) will list their specialties. Employment Bulletin Exchange — looking for a job in another city? Check the employment bulletin of the law school(s) of your targeted community. Theads are usually for experienced attorneys, but maybe the office could use a clerk. You will find the name of the contact attorney, address and description of the firm. Exchange binders are in Room 610. Summer Job Surveys — follow in the footsteps of other successful UB students. See where UB students have worked before and apply to those employers. Also, if the student who completed the form is still in law school, drop a note in his/her mailbox and ask to talk with them about other suggestions. Newspapers, magazines read about an interesting case, an attorney? Write to the attorney involved. Cite the article that — She was in pain and still stuck her landing for the team. Gotta pay homage to that. Jerry Maguire For all of us who be will enteringthelegal profession where the sale of at least a part of our soul is a prerequisite, this movie is a must see. An outstanding message about sports and life. Bill Clinton Do you have the feel- - - ing that Bill is sitting in the White House laughing his ass off and saying "Can you believe those idiots elected me again?" Yet, look at our alternative. Regardless, the guy won and deserves a small amount of credit for that. Here it is. YOU SUCKED! Marty Schottenheimer Ofall the coaches that lost their jobs this year, this guy should have been the first. Record aside, with all the talent he's had over the past few years, the Chiefs choke every year. It was the same way when he was with Cleveland. He can't win big games and needs to go. He even tried to pawn it off on Steve Bono by benching him in favor of Gannon. Yeah, bench a guy who had gone 13-3 and 8-4 as a starter. Did you wonder why that didn't do the trick Coach? It wasn't Bono, it was you. You suck. Madonna as a Mother It's not that I don't think Madonna should be a mom and I could care less about the unwed thing. Yet, why has she carried on like she's the first person ever to have done it? Justbecause your child is dressedin Dolce - - See Mattacola, pg 6 sparked your interest in contacting him/ her. The National Law Journal can have some veryinteresting articles. Their Corporate section recently profiled the Corporate Counsel of Kodak Company in Rochester. CDO Bibliography outlines various resources to use as your starting point for mailings. Dawn Skopinski (Room 612) can assist you in identifying the sources applicable to your targeted market. Take a Walk — not all attorneys practice downtown. Check around your own neighborhood. There are some very successful law practices in suburban communties. Youcould walk(even roller blade) to work. Small towns are also off the beaten track and some attorneys will be flattered that you even found them. Check with CDO staff Scan Shannon (CDO's Graduate Assistant, Room — — 612) and I are both available to meet with students on a one-to-one basis not only to review the application details (resume andcover letter), but also to help students work out an individualized strategy. All told, there is no one source but a lot of routes. Do you have ajob question for Audrey? If you do, please send it in to the Opinion! Either e-mail your question to: jvmurphy@acsu. buffalo.edu, drop a note outside the Opinion office or call the Opinion office at 645-2147. �FEATURES THE OPINION 6 Mattacola, cont'd from page 6 Gabana does not make you any more special. All moms are pretty amazing so get in line Material Girl. Alanis Morissette How do you go from Canadian disco queen to Ms. Tree Hugger Pseudo Funky Chick and claim that you're not a complete put-on? It's pretty sad that with all the amazing female singers out there (Tofi Amos, Melissa Etheridge, Delores O'Riordan, Tracy Chapman) that this is what's a best seller. Her very questionable transformation aside, her music sucks! Some Idiot -This one goes out to the jagoff who was talking on his cellular phone as I was cutting down a Christmas tree a half mile out in the woods. Way to really capture the holiday spirit buddy. Bill Clinton Yeah, he may have won but has any president since Nixon dragged the position through more mud and the American people with it? Where there's smoke, there's fire. In every rumor is a kernel of truth. Hence, something ain't honest about this guy. Roberto Alomar & Ump John Hirschbeck Spitting on an ump is an asinine thing to do. Spouting a nasty comment to a player after he complains about a call is an asinine thing to do. Ever hear ofbeing professional? Imagine if you got to spit on a judge after he pissed you off and only got suspended from work for five days? Imagine a judge uttering an obscenity (out loud) at a lawyer when his decision was questioned? Way to maintain a relationship with the fans guys. You both suck. Sports Broadcasters John Madden, Pat Summerall, Stuart Scott + Al, Frank & Dan Madden and Summerall have not said a fresh thing in five years. - - - - How long does talking about spit and mud stay funny? Not long. Stuart Scott has only been on ESPN for a short while and he says the same things over and over! "That guy's cooler than the other side of the pillow!" Get new material. Can there be any less electricity in the Monday Night Football booth? Al Michaels, by himself, is a great broadcaster but this team needs to say goodbye. The only thing worse would be if Fox gets Monday Night like they've been wanting and Pat and John are up there. Oh, the horror. Jets Management and Neil O'Donnell First of all, could you tell by the way O'Donnell played catch with the Dallas d-backs in last year's Super Bowl that he may not have been worth thirty million dollars? So how many million was that to watch your bonus boy get hurt in warm-ups? You guys suck so bad it hurts. Courtney Love How does a former stripper and heroine addict get thought of as an Oscarnomination for playing a stripper and heroine addict? That's like me getting an Oscar nomination forplaying an obnoxious Italian guy. Someone at U.B. For a change, I'm not harping on the law school. Are you aware that more than a few thousand dollars are beirig spent to install a beach volleyball court outside of one of the dorms? Let's take this slow. This is B-U-F-F-A-L-0. Youknow, Blizzard of'77? Ringabell? So let's spend thousands of dollars on something that will be used maybe two months out ofthe fall and spring semesters when there is a weight room smaller thana tuna fish can which is supposed to accommodate over twenty thousand students. Which graduate program taught you those keen administrative skills? - - - February 12,1997 Tuition, continuedfrom page 1 from Governor Pataki to reduce funding foT tuition assistance might affect law students. Carrel did say that the school does not expect there to be an increase in tuition for the law school for the coming year. The tuition increase of $400 per year proposed by the Governor is for undergraduate students. cently released a study showing that tu-j ition and fees at SUNY and CUNY increased 154% between 1989 and 1995, is opposedto further cuts in education spending. According to N YPlßG,this increase is.higher in New York than in any other state, making New York public schools the 11th most expensive in the country. According to sources quoted by the Times-Union, although TAP has survived previous attacks, the average TAP award to graduate students who received TAP awards has been cut nearly in half since 1994-95 school year from $862 to $410 per student, Rumors that the $625 hike in law school tuition (which was intended to be set aside foT use solely by thelaw school) was appropriated by SUNY for itsown purposes were dispelled by Dt. Marlene Cook, Associate Deian for Resources of the Law School. Cook denied anyknowledge that SUNY has taken the money;; explaining that, since continuation of the new curriculum depends on these funds, it would be devastating to thelaw school if it were true. Pataki's proposal to eliminate TAP nioney to graduate students faces oppositionfromkey Democratic lawmakers such as the State Assembly's Higher Education Committee chair, Edward Sullivan, D-Manhattan. In addition, NYPIRG re- Clinic, continued from front page However hopeful lLs may be in returning the clinic to the curriculum, the decisionappears final. "We've had a long and very successful run, but it can't be continued. It just isn't feasible for me to implement the curriculum, directthe clinics, teach to the first year, and teach to a clinic. When you state it, it becomes obvious why not." The University at Buffalo School of Law & The Buffalo Law Review Present Olsen said that theLaw School continues to offer a wide array of clinical experience for students ranging from af- fordable housing development to special education law. In addition, the new externship course will offer students interested in environmental law experience with an increasing opportunity to work with involved agencies and not-for-profit groups. I \*-;'■. Legal Doctrine and «yX'"Practice In the Age °f Cyberspace \. March 8. 1 997 | University at BuffalcN. schoal of Law Registration $15 University at Buffalo Students $25 Non-University at Buffalo Students $50 General Public Registration Deadline: March 3, 1997 I Keynote Speaker Mike Godwin Staff Counsel, Electronic Frontier Foundation (EFF) For complete symposium information, including a full list of speakers, symposium schedule, and a registration form, visit our Web Site: | I I I y http://wings.buffalo.edu/law/blr/cyberlaw/ or call the Buffalo Law Review at 645-2059 » 1 �February 12, 1997 FEATURES THE OPINION 7 WITH BUTTER EXTRA Star Wars by Kristin Allen and Michael Hamner (guest reviewer for Scott Frycek), Features Writers Hers Picture this: it's 9:45am, Saturday morning at our own GalleriaMall, the day AFTER the re-release of the 70's classic Star Wars. I step on to a line of about 15 people awaiting the opening of the box office at 11:00am. As the time ticksaway, the line becomes longer and longer, the end too far for the human eye to see. Needless to say, Star Wars is hot! Was it worth the wait, or should I have just crowded theatre atmosphere doesn't charge your lightsaber, rent it. Rating: 3 Gavels purchased the trilogy or made my way to the local video store? Okay, it was impressive. I would, however, like to point out a few things I did not truly appreciate until this viewing. First, what is up with Princess Leia and all that lip gloss? If her hair wasn't bad enough. Second, since when is Luke Skywalker so whiney? Compared to most, hehas a pretty exciting life. Third, is R2-D2 single, 'cuz I think I'm in love? All inall, watching Star Wars was a regressive experience my inner child truly enjoyed. I wasn't completely blown away by the new high-tech additions (honestly, most ofthem looked awkward), but it was worth the wait. However, if the movie, big screen, as I did when my Mom was dressing me in brown and orange plaid pants. The ultimate battle between good and evil that transformed pintos into X- wings and TIE fighters, passersbys into Stormtroopers, Tusken Raiders, and Jawas (depending on height), and the neighborhood kids into Jedis, smugglers, and Wookies in the 70's and 80's, is immortal. .. Now when I wear my Chewbacca mask on the streets, little kids will roar back at me in Wookie speak. So go see His "Chewbacca, da da da da, ahh what a Wookie!" Now that I can grow "pork chop" side burns like the Imperial Commanders on the Death Star, (or Brandon Walsh from 90210, but who wants to be like him?) I still love Star Wars as much Star Wars because you don't want to upset a Wookie. Rating: 4 Gavels The GraveVine Sparkling Wines and Champagnes by C.S. Nickson, Special to the Opinion When do you drink champagne? Well, most of us think ofchampagne as something to be consumed as part of a celebration, perhaps at New Years' Eve parties or engagements or both. It is unfortunate that champagne, and sparkling wine, has been relegated to a position of rare enjoyment at but a few celebrations. Not only would I suggest to you today that champagne and sparkling wine should be an everyday beverage because of its quality, but also because of its affordability. To find a good quality Chardonnay or Cabernet Sauvignon these days, it is not unusual to pay between $15-$2O, especially for anything with California on the label. However, such sparkling wines like Korbel, which represent the higher end of the middle bracket of sparklers, can offer Without getting into a lengthy discussion about how the sparkling wines are made the same kind of quality as still wines several dollars more expensive. It is perhaps best, at this point, to give you some basic facts about champagnes and sparkling wines. First, as many of you know, champagne represents wines that haveundergone an additional process by which carbonation becomes a crucial element of the product. Simple enough. Second, some of you know that true "champagne" is indigenous only to France. In fact, only the sparkling wines from that region of France known as Champagne, which in French is pronounced with three syllables (sham-pan-ya). Sparkling wines from all other areas are not truly champagne, but many countries borrow from the products' geographic origins. And finally, and perhaps least well known, champagne and sparkling wines can be further distinguished from one another by the method by which they are produced. differently,the two processes break down as follows. The first method, known as method champenoise, requires two fermentations to take place. Like still Wines, the juice of the grapes begins fermentation, but that process is arrested before completion. Instead, the partially fermented juice is bottled, and the secondary fermentation begins. When reading a label from such sparkling wines, often the words "fermented in this bottle" will appear,suggesting the methodchampenoise. The other method of creating sparkling wines, known as thebulk transfer m ethod, causes the secondary fermentation prior to bottling. Other distinctions can be made by the type of grape that goes in the process. Such words like "hlanc de Wane," or "white of white," are made exclusively with Chardonnay grapes. Other grapes used in sparkling wines include Pi not Jhe -Student vSar^AtSioc'ialion 4 ZJne Mniveriitu at vSuffalo School of oLaw % requests the pleasure of uour company celeoratina DL &arrUUr's<Ba(t the eiahtn on I lineteen \Jpen fcSar larch if hundred ana. ninetu-ieven o clock in at of the evening <U-)own Splatter USallroom EuffaL, flea, IJoM JJicneti-$25.00 per perion mail {-/fl-ice of the student dSar be purchased at the Noir and Pinot Meunier. Rose or pink varieties come in both sweet and dry choices, so be mindful of the label. As far as goodchoices, thelist could go on forever. The assumption, by most, is that Dom Perignon is the best, but I have found it to be of good quality but generally overpriced. From the same company that makes Dom, Moet and Chandon, is a product known as White Star, which I find far more worth the money (White Star, $29.99, Dom Perignon, $88,00). I love the entire Korbel line {mainly around $12.99-$14.99), and have begun experimenting with some of the new sparklers from Chateau Frank. Don't forget about Asti Spumante, another topic unto itself. Suffice is to say that anything that says Asti or Spumante or both will be much sweeter, and both Martini & Rossi and Cinzano- offer quality products. But remember, anytime is a good time to enjoy sparkling wines and champagnes! �ADVERTISEMENT THE OPINION 8 February 12, 1997 bmbn BAR REVIEW NEW YORK SUMMER 1997 LOCATION INFORMATION (ALL LOCATIONS BEGIN 5/29 & ARE VIDEO UNLESS OTHERWISE INDICATED) ALBANY ANN ARBOR, MI ATLANTA, GA BERKELEY, CA BOSTON, MA BRISTOL, RI BROOKLYN BUFFALO CAMBRIDGE, MA CAMDEN, NJ CHARLOTTESVILLE, VA CHICAGO, IL 1) HYDE PARK 2) GOLD COAST CONCORD, NH DANBURY, CT DURHAM, NC HAMDEN, CT HARTFORD, CT HEMPSTEAD ITHACA LOS ANGELES, CA MANHATTAN 1) DOWNTOWN 2) MIDTOWN MIAMI, FL - I:3OPM 9AM/I:3OPM/6PM Brooklyn Law School SUNY at Buffalo School of Law Harvard Law School (Begins 5/28) TENTATIVE DEFINITE location to be announced 9AM/L3OPM/6PM 9AM/I:3OPM/6PM 9AM/I:3OPM - TENTATIVE - - 9AM Univ. of Chicago Law School Northwestern Law School Franklin Pierce Law Center 9AM 9AM 9AM TENTATIVE Duke University School of Law Quinnipiac College School of Law Univ. of Hartford Hofstra Univ. School of Law (Begins 5/28) Cornell Law School BAR/BRI Office 3280 Motor Avenue 9AM 9AM 9AM/6PM - - 9AM/I:3OPM/6PM 9AM/I:3OPM I:3OPM NYU Law School A Eastside Loews New York Hotel 569 Lexington (at 51st St.) B Westside (1) Town Hall 43rd St. (bet. 6th Aye. & B'way) (Begins 5/21) (2) BAR/BRI Lecture Hall 1500 B'way (at 43rd St.) Columbia Law School Marriott Financial Center 85 West Street -- - - - - - TENTATIVE Holiday Inn 700 Hope Road Tinton Falls McGill Univ. Old Chancellor Day Hall Seton Hall Law School (Begins 5/28) Colony Inn 1157Chapel Street Tulane Law School Boston College Law School (Begins 5/28) Stanford Law School International House 3701 Chestnut St. Vassar College -- MONMOUTH CTY, NJ MONTREAL, CAN. NEWARK, NJ NEW HAVEN, CT NEW ORLEANS, LA NEWTON, MA PALO ALTO, CA PHILADELPHIA, PA POUGHKEEPSIE QUEENS COUNTY 1) FLUSHING SPRINGFIELD, MA STATEN ISLAND SUFFOLK COUNTY 1) HAMPTONS/RTVERHEAD AREA 2) HUNTINGTON SYRACUSE TORONTO, CAN. WASHINGTON, DC WHITE PLAINS TENTATIVE 9AM/I:3OPM/6PM 9AM UC Berkeley Boalt Hall School of Law Boston Univ. School of Law (Begins 5/28) -- 3) UPTOWN 4) WALL STREET AREA 2) JAMAICA ROCHESTER ROCKLAND COUNTY SO. ROYALTON, VT - Albany Law School (Begins 5/28) Univ. of Michigan Law School - - 9AM I:3OPM 9AM 9AM 9AM 9AM/L3OPM/6PM 9AM 9AM I:3OPM 9AM 9AM - DEFINITE location to be announced (Begins 5/28) Touro College of Law (Begins 5/28) Syracuse Univ. College of Law Ontario Driving Training Center 20 Eglinton Aye. East American Univ. Law School TENTATIVE (Begins 5/28) GW Law School (Begins 5/28) Georgetown Law Center (Begins 5/28) Pace Univ. - - 6PM 9AM 9AM WNEC School of Law Wagner College - - 9AM I:3OPM CUNY Law School - (Begins 5/28) St. John's Univ. Law School - (Begins 5/28) Radisson Hotel - 175 Jefferson Rd. Nanuet Inn - 260 West Route 59 Vermont Law School - 9:3OAM (LIVE) 9/ VI :30PM/6PM 9AM 9AM/I:3OPM/6PM - - 9AM/I:3OPM 6PM - PLEASE NOTE: BAR/BRI RESERVES THE RIGHT TO ALTER LOCATION STARTING DATES AND TIMES BASED UPON LOCATION AVAILABILITY. 9AM 9AM/I:3OPM/6PM 9AM/I:3OPM/6PM 9AM I:3OPM 9AM/6PM I:3OPM 9AM/I:3OPM/6PM � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Opinion, 1997-02-12 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. The Opinion no. 7 12.02.1997 Date Issued Date of formal issuance (e.g., publication) of the resource. 2/12/1997 Bibliographic Citation A bibliographic reference for the resource. Recommended practice is to include sufficient bibliographic detail to identify the resource as unambiguously as possible. 37 7 Publisher An entity responsible for making the resource available University of Buffalo State University of New York at Buffalo Law School Language A language of the resource eng Type The nature or genre of the resource Newspapers Text Is Part Of A related resource in which the described resource is physically or logically included. LIB-LAW003 Rights Information about rights held in and over the resource <a href="https://rightsstatements.org/page/CNE/1.0/">COPYRIGHT NOT EVALUATED</a>. The copyright and related rights status of this Item has not been evaluated. Please refer to the organization that has made the Item available for more information. You are free to use this Item in any way that is permitted by the copyright and related rights legislation that applies to your use. This digital collection is made available for research and educational purposes. Researchers are responsible for determining copyright status, and securing permissions for use and publication of any material. Copyright for items in this collection may be held by the creators, their heirs, or assigns. Researchers are required to obtain written permission from copyright holders and the University Archives prior to reproducing or publishing materials, including images and quotations. For inquiries about reproduction requests and permissions, please contact the <a href="http://library.buffalo.edu/archives/">University Archives</a>. If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/702921092004c85c5e3924dc5a2a2380.pdf 8cf9e85e629ccd00a02fb3e35f3877f0 PDF Text Text J I J NEWS Student Reaction to tuition hike, see page 8. I J FEATURES OP\ED Interview with Family Court Judge Michael Battle, See page 10. SUA Constitution ScruU uzed See page 4. Briiifiina the issues to the students since 1949 THE OPINION Volume 37, No. 6 STATE UNIVERSITY OF NEW YORK AT BUFFALO SCHOOL OF LAW Hoyt internship exceeds student expectations by Kristin Greeley, ipen's Editor This is the true story of six law students, picked to work in an office, to gain the legislative experience of a lifetime. Deep in the heart of downtown Buffalo, six ofU.B.Law's finest, ColleenMullaney (3L), Kristin Allen (2L), BariLevant (3L), Brigid Lyons (2L), Rebecca Ciarrocca (2L), and Bob Williams (3L), are being educated outside of the classroom while workingfor Democratic Assemblymember Sam Hoyt, courtesy of the legislative internship program. The program began in the spring semester of 1996 and has proven to be a tremendous success. This year it has been incorporated into the new public service externship program. Hoyt and past par- ticipating law students have found the experience rewarding. According to Hoyt, "The law student interns are the heart and soul of this office. Their hard work has been an immeasurable contribution to my success." The law students had equally positive remarks about the office. "This internship allowed me to take the knowledge Ireceived in the classroom and apply it to real life in a way that makes a difference to thepeople in Buffalo," 2LRebecca Ciarrocca said. 3L Bari Levant was impressed with the variety of tasks she was able to complete. "It has been a great opportunity to seethereare things to dowith a law degree besides work in a law firm. I worked on everything from press releases, to legisla- UB hosts tion, to solving constituent problems." 2L Kristin Allen agreed: "This is truly a "non-traditional" legal internship that has increased my knowledge in many different areas of the law and politics." 3LBob Williams' interest in politics lead him to seek out this legislative internship. "The reason why I came to this office was to see behind the scenes of politics. These experiences are ones that you can't get out of a book or in a class." Contact withreal people is what 2L Brigid Lyons found impressive. "We are contacted by people who need help, and we do everything in our power to assist them, by making phone calls, writing letters, begging and pleading all over the state. Sometimes our hard work pays off, See Internships, page 5 SBA's third meeting sets tone for next semester bySA. Cole, Assistant News Editor At 6:38 p.m. on November 11, a fifteenth member ofthe SBA sidled into the group's third meeting and created quorum, thus allowing things to procede with numeric sanction. Aftertheminutes from last month's stunted, pre-break meeting were read, SBA President Prudence Fung gave the first report. Both the Blood Drive and the Kids Voting efforts were deemed a success. Fung then related her meeting with Dean Carrel, regarding plans to limit the tabling time of Bar Review organizations. Fung said Carrel was "receptive to have some sort of policy...as long as it was a cooperative effort" among the organizations. Theseplans.whichtheSßA anticipates will be implemented by next Fall semester or sooner, have been met with "no objection from the Bar Review companies," Fung said. 1LBrenda Torres saidthat an effort should be made to find out the position of the student body regarding Bar Review solicitors, to ensure proper representation regarding the issue. Fung then confirmed the date and location of this spring's Barristers' Ball, which be on March 8 at the Statler Hotel. The 3L report began with Julie Rosenberg, who announced that a new studentlounge, the location ofwhich has yet to be determined, will be funded by a significant amount of money from Bar/ Bri. The money, offered as a block advance on future room and conference fees by Bar/Bri, will be used to create a social spacefor law students. A key card access system is under consideration. The 2L report wasfielded by Nathan Van Loon, bringing back financial tidings from his seat on Sub-Board I. Reviewing the awards for publication and programming grants, VanLoon said "We came in third inthe' money sweepstakes,' ifyou wantto call it that.. .we did well for a school with only seven hundred students." Grants were awarded to the Entertainment and Sports Law Society, the Criminal Law Society, Outlaw, Trial Lawyers Association, Circles, BLSA, PAD, and the Domestic Violence Task Force. Brenda Torres started the 1L report, outlining her preliminary effort to stage a 1L book-swap on December 20, "To exchange our books and eliminate the middleman." 1L Representative Tonya Guzman began her report by announcing that the microwave in the student lounge is indeed operable. She then moved on to another concern regarding lack ofaccess to feminine products in the building, pointing out that very few of thelavatories are equipped for that type of accomodation. A cry of outrage ensued. "Why should you have to hunt for that sort of thing?" demanded 2LNathan VanLoon. Another member commented that such products were available in the first-floor bathrooms. Treasurer Bari Levant put an end to the furor by saying "We'll go check on itafter the meeting." 1L Representative Amy Martoche next commentedon lights that are burned out on pathways and parking lots around the campus. She was advised by VP George HamBoussi to alertPublic Safety. 1L Representative Nicole Graci mentioned the unsanitary state of the computer lab, complaining that security measures keep Physical Plant staff from cleaning the facility. It was agreed that the cleaning schedule would be scrutinized to see if both security and hygeine could be accomodated at the lab in the future. President Fung then mentioned aner topic she forgot to include in her report: a company contacted her regarding the production of a law school yearbook. Fung asked the members if they thought a yearbook would be well-received. Most thought it wasa goodidea, mentioning future contacts, networking, and esprit d'corps as factors in their thinking. It was agreed that the matter warranted further exploration. The group moved the old business, put together this year's range ofSBA committees. The committees, and the chairs in charge ofthem, run as follows: Social Committee (Mike Benkelman); Barristers' Ball (Pmdence Fung, Bari Levant); Community Service (Tonya Guzman, AmyDuVall); Finance (Bari Levant); Facilities (Julie Rosenberg); Constitution and By-Laws (Pete Thompson, Brenda Torres); Course Evaluations (Nathan Van Loon). The new Jewish Law Students Association was next on the agenda, represented by the group's organizer, 1L Randolph Janis. The group, which based its » ■ See SBA page 5 December 6,1996 international criminal law conference by Michael Stmta*Matia, Staff Writer Lawyers fromaround the worldcame to O'Brian Hall on Saturday to "Rethink Federal Criminal Law."The event marked the first annual symposium for the law school's new Criminal Law Center. The Buffalo CriminalLaw Review will deyote an entire issue to the proceedings ofthis and future annual criminal law conferences. As the registrants arrived at K(K) a.m. Saturday morning, they were greeted with a continental breakfast and a complete schedule of events for the day Law School Dean Bany Boyer provided some opening remarks and quickly passed the gavel to the driving forcebehindthe entire event. Associate Professor ofLaw Markus Dubber. With obvious pleasure, Dubber commented on the day he had worked so hard for and the new center that he is excited. As if this was not enough, Dubber stepped up to fill in for the last minute cancellation ot Gerald E Lynch of Columbia University School of Law. ÜB. Professor of Law George Kannar introduced the first panelist, Professor Dan M. KahanofThe University of Chicago Law School Although the orthodox view is that Congress is the primary source of federal criminal law, this is a "patent fiction" according to Kahan "Judge-made doctrine" is the truth of the matter, as courts continue to explain vague statutes, thereby making new law. Fraud, for example, is not a rule but a means for making law in the courts The result of judge-made law in this case being mail fraud. See Criminal Law, page ? Dean Boyefy <fc jfrojs. Kumar, Kahan & Dubber �2 THE OPINION December 6, 1996 1L's complain, Perspectives is a proverbial pain by Leonard Heyman, News Writer The inaugural semester of Perspectives ended last Thursday with widely varying views among students as to its successes and/or failures. Perspectives on the Lawyering Process and the Legal Profession, is a two credit-hour, pass/fail, one-year course being taught for the first time to lLs at UB Law. The course is intended to "provide... amore expansive view of [the] first year of legal study" according to a hand-out received by lLs at the beginning of the semester. The first semester was divided into three Units, respectively entitled, Law, Lawyers, and Responses to Social Problems; Legal Regimes and the Context of Legal Change; and Interest, Identity, and Ideology in the Legal Process. In Unit I, each section of the class was split into six groups ofapproximately 20 people per group. Each group was presented withthe same hypothetical situation in which they were to take on the role of a steering committee of the "Concerned Citizens of Sandville," a "large and diversecommunity group." The town was presented with the problem ofindustrial pollution by a major employer in the area. The "steering committee" was charged with developing a plan of action to solve the problem, in the form of a spage paper and an oral presentation to the whole section. In Unit 11, each section was split into 5 groups, each of which took on therole of a law firm employed by an interested party in the development of new regulations or state laws for dealing with the problem ofsilicosis, an old,but enduring occupational hazard. Each law firm was given the task of presenting a series of recommendations to an ad-hoc committee of representatives (composed of faculty members) from the State Senate and House ofRepresentatives which were developing new laws and regulations for solving or reducing the problem of silicosis. Unit 111 was broken intotwo parts. In Part A, the sections were broken into 6 groups, and each of those groups were broken into 4 reading groups. All of the students were required to read six Supreme Court decisions which centered on the interpretation ofthe Commerce Clause in the Constitution. The reading groups were also given separate readings which included essays on the process ofjudging from four different perspectives. In thefirst class, students were asked to confer with oneanother in theirrespective reading groups. In the next class, each group was split into two subgroups of about nine students each and one person from each subgroup was designated "Chief Justice" by lottery. The subgroups were then to take on the role of Supreme Court Justices, and were given two hypothetical court cases dealing with regulation of silica manufacturers and shippers by Congress via the Commerce Clause. Part B of Unit 111 was a single class. Additional reading was required for this class, comprising oflegal articles discussing the ethical considerations surrounding mass tort litigation. Each section met as a whole and discussed these considerations. After discussing Perspectives with 10 or 15 students, it became obvious that opinions of the course are quite similar. Some students complain about other students' lack of participation. One female student said, "I do think Perspectives has a lot ofpotential. And I think whatpeople are doing isthey're getting so stressed out, they're like' whatever—it's notfor a grade.' I think that's a bad attitude. I think we should all try a little harder and be here to learn and not just to worry about our grades." Other students complained about the large volume ofreading that was required in the week before open memorandums were due in students' Research and Writing class. One student saidbluntly, "Part of being in law school is learning how to effectively manageyour time," whenasked why he didn't do all of his readings for Perspectives. Most students agreed with that assessment, suggesting that the readings in Unit 111 were inappropriate for students in Section B, who won't be taking Constitutional Law until next semester. Some students suggested combining or coordinating Research andWriting with Perspectives. Another student commented about the political slant of the materials presented, saying, "I feel thattheykeep showing you one perspective ~ their perspective." And pointed out that the class is largely an exercise in exploring classically liberal (as opposed to conservative) issues. The one student added, "look what they're showing films about, I mean we know which direction they're going-just HEW YORK Students Pass theBarExam with PIEPER With 23 testable subjects in addition to the multistate exam, why risk your future on someone who is not an expert on the Mew York Bar ExamP JOHN PIEPER is theEXPERT onpreparing candidates for the NEW YORKandMultistate RarExams!! EXPERIENCE THEEXPERT... 1-800-635-6569 . from the initial film: Big bad company, poor little guy; big bad company, poor environment; big bad company, poor little children. Not that I really like big companies. " One studentnoted that "it's all civil. We haven't talked about criminal law. I think it's a good idea to have the class more engaged, have people come in to speak to the class about their jobs what they do. I think that would be interesting. But maybe in a third year course, it would be better." Rumors and fears of making the second semester ofPerspectives a graded course in order to stimulate more student interest have also surfaced. Professor Peter Pitegoff countered these fears last Friday when he said that next semester will "most likely" be a pass/fail course. Healso alluded to a lighter work-loadfor students. He said that while the second semester is designed to satisfythe ABA's accreditation requirement for an ethics course, that is not the primary purpose of the course, but an ancillary one. The primary purpose, he says, is to, "give students more overview ofthelegal profession and insight into some of the ethical dilemmas and issues facing lawyers in a variety ofpracticesettings." He later added, "We will look at The Codified Rules of Professional Conduct, but we will integrate them into the broader context of the practice of law and the roles that lawyers play." .. �NEWS BRIEFS December 6, 1996 THE OPINION UB student reports rape '67 Alumnus wins two awards by Kristin Greeley, News Editor S recognition of a legal career that $35-a-week defense atorney in is a a tiny, windowless office on Genesee ure on the City Court bench he worked hard to dissuade young women from prostitution — "He was very successful in getting many of them to go to school and turn their lives around," she said. "I have served with Samfor 13 years onthe Appelllate Division," saidDenman, citing the honoree's emergence as a legal scholar as well as a jurist. "Like all fine judges, heapproaches his work very seri- Street, the Hon. Samuel L. Green has received UBLaw School' s highest honor. Green, Senior Associate Justice of the Appellate Division, 4th Department, StateSupreme Court, was presented with the law school's Edwin F. Jaeckle Award in ceremonies on November 2. He is the 21st recipient of the honor, which is awarded jointly by thelaw school and itsalumni association. Green is a 1967 UB Law graduate. Green's wife of 36 years,Ernestine, and daughter, Beth, were among those who spoke before a record crowd attending the awards luncheon in the Center for the Arts on ÜB's Amherst Campus. "No matter how high Judge Samuel Green '67 and UB President William R. he has risen and no matter how much he has achieved in the profession, he is always reaching out to help those who are coming behind," UB Law School Dean Barry Boyer told the attendees. "Sam is a man who cares passionately about how we deal withyoung people in our society and how to straighten out those who get into trouble." The Hon. M. Delores Denman, a past recipient of the Jaeckle Award, and now Presiding Justice of the Fourth Department, noted that during Green's ten- Mysterious ously, yet he doesn't take himself too seriously. He is passionate about those issues that are close to his heart, and he argues well about each one ofthem." Theaward caps a goodyear for Green. Early this month, his name was one of seven submitted to Gov. George Pataki by the Commission on Judicial Nomination, to be considered for an upcoming vacancy on the Court of Appeals. This is the third time Green has been nominated for the state's highest court. In addition, he was given the Erie County Bar Association s Outstanding "Sam is a person who demonsrates formal but easy grace and good humor. He is a lawyer's lawyer and a judge's judge, and for me he is an exemplar ofthe public practice of law in Western New York," said University at Buffalo President William R. Greiner, a former UB Law professor. In accepting the award, Green, who spent his early childhood in Alabama, noted that he wasthe first in his family to graduate from high school, and looked back fondly on his law school education in the old Eagle Street location. school was tough, but every minute of it, cv; I took, because I knew that one day, I would need to use that knowledge as a lawyer," he said. "This law school means so much to me. This is a great law Greiner school. In the Appellate Division, we see lawyers fromacross the state. And when you cad the briefs and hear the oral arguments, the lawyers from the at Buffalo don't take a back t to any from the Ivy League schools." He added wryly: "To get this honor from the alumni associaion has special meaning because itcomes from the people I deal with on a day-to-day basis, and some ofthose people didn't get the decision they were seeking from the court." A video tape of the speech is available in the Koren Center. Rv Piversity 3 A female student reported a rape that allegedly occured at about 4:30 a.m. on November 24th, in a student lounge in Porter Quad in the Ellicott Complex. The woman brought two men, who are not UB students, back to the dorm from a bar. The woman was taken to a hospital after the incident. According to Public Safety Inspector Daniel Jay, "This is the first reported rape of the semester." UB had two reported rapes in 1994 and one in 1995. The case is still under investigation and has been referred to the Erie County District Attorney's office, Jay said. Students approve / / I \ StaffersN. and writers, ace job \ this semester! \ See you next semester for more / \. good stuff! .X "R"'s existance explained by Susan Bjornhqlm, Features Writer Cp sighs. Yield signs. Do no ed X-ing. Exit, Every da ely on signs to give informa lion and direction in order to structur lives. What happens when you do no understand the significance of a sign J Rs anyone followedthe "R" sign 1 on: each floor of the law school building? Tthe "R" sign does not lead anywhere near the testroom. On a mission to put a significance back into the sign, I spoke withMelinda Saran. What I learned from her, during our conversation, is necessary information for all students, faculty, and staff who walk thehallsofO'Brien. Lets set up a hypothetical. For instance, you are up on the seventh floor and the fire alarm bell starts to ring. Smoke everywhere, elevators are shut downandthe stairways are blocked by fire. Even worse, you have a mobility impairment that does not allow you to use the stairs and there is no walkway to Baldy on that floor. Where do you go into a classroom or an office? Now I have given meaning to the "R" sign. In order to have an area that people can go to if there is not another way to leave the building the area of refuge ("R") has been designated Student's w ho go to thearea ofrefuge will be more easily found by firefighters. The area is located next to large windows, A student can be easily spottedand the level they are on noted, from outside the building. This makes fescue attempts easier when officials know where to look. The necessity for this area stems by fromthe fact thatthe building was built before laws requiring that the buildi hg be accessible and safe for students with mobility impairments. is important to remember and ss on the meaning of this sign. By doing this we will make surethat during any sort of emergency, people are aware that there is a place of refuge that they can go to be found. Thank God for signs! tit offees All three issues on referendum for a student vote were approved last week —a continuation of the $57.25 Mandatory Student Fee over the next four years, The Spectrum fee, and an on-campus bar. About 1800 students participated in the three-day vote. The Student Activity Fee passed by a vote of 1626to 186. the Spectrum fess passed, 1369-303, while the on-campus bar was approved 1138-475. In order for the vote to be valid, ten percent of the full-time undergraduate student body must vote. About 14 percent participated in this vote. The Opinion Staff wishes everyone good luck on exams, and also a MSaanirmthi safe and happy Phot holiday season! See you all next semester! J �EDITORIAL THE OPINION 4 OPINION Volume 37, No. 6 @fa December 6, 1996 Jessica V. Murphy Julie E. Meyer Editor-in-Chief Managing Editor STAFF Business Manager: Scott Bylewski News Editor: Kristin Greeley Features Editor: Jill Ann Baer Photography Editor: Sami Manirath Art Director: David Leone Layout Editor Rochelle Jackson Assistant News Editor: SA. Cole SeniorEditor: Steven Bachmann Dietz The Opinionis a non-profit,independent, student-owned and run publication fundedby advertising fees. The Opinion, SUNY at Buffalo Amherst Campus, 7 JohnLord O'Brian Hall, Buffalo, New York 14260 (716) 645-2147. The Opinion is published bi-monthly throughout the Fall and Spring semesters. It is the student newspaper ofthe State University ofNewYork at Buffalo School ofLaw. Copyright 1996by 77ie Opinion, SBA. Any reproduction of materials herein is strictly prohibited without theexpress consent of theEditor-In-Quefand piece writer. Submission deadlines forletters to the editor and Perspectives are 5 p.m. on the Wednesday preceding publication. Advertising deadlines are 6 p.m. on the Friday preceding publication. Submissions may eitherbe mailed \aThe Opinion, dropped off under 7Vie Opinion officedoor (7 O'Brian Hall), orplaced in Box #755. All copy must be typed, single-spaced, andsubmitted on paper and ona computer disk (IBM-WordPerfect 5.1). Letters are best when written asa part ofa dialogue and mustbe no more than one page. Perspectives are generally opinion articles concerning topics ofinterestto the law school community and must be no more than two pages single spaced. We reserve the right to edit any andall submissions as necessary. The Opinion will not publish unsigned submissions. We will return your disks to your campus mailbox or to a private mailbox if aself-addressed stamped envelope is provided. The Opinion is dedicated to provide a forum for the free exchange of ideas, therefore not all the views expressed in this newspaper are necessarily those of theEditors or StaffofThe Opinion. EDITORIAL: The Constitution that enfolds the students of UB Law into the collective body of the Student Bar Association is a dry and self-important document, riddled with contradictions and dubious syntax. In other words, you can tell it was written by a bunch of kids who wanted to be lawyers when they grew up. SBA Parliamentarian Pete Thompson, however, is fronting a committee to revise and refurbish our manifesto of legal unity. The Opinion, out of respect for this adverturous undertaking, would like to offer its considered evaluation of the document as it stands. Like all good Constitutions, the SBA's begins with a preamble. Theagenda "ordained and established" by the SBA of 1992 (the, ahem, "framers") involves things like promoting and protecting "the rights and interests of the law students...and [securing] the association and goodwill ofthe members of the legal profession." Well, that's noble enough. The mechanics ofsuch goals, however, are obviously a little more difficult to pin down. To go in order: Sections land 2 : While SBA membership is conferred upon all full-time or part-time students enrolled at UB Law, honorary membership can be conferred upon, apparently, just about anyone else. And while someone can willy-nilly bestow this membership, there is no mention of precisely who that person is. There are no requirements for such honorarium, and those who bask in its glories are not subject to any of the obligations regular members labor under every day. Which brings me to the question: what are the "privileges" and "obligations" the student body is subjected to under this constitution? While the document is ten pages long, it's short on that type of specificity. If such boons and duties don't actually exist, don't refer to them. Section 5 (A): I won't even attempt to translate this: "An Executive Officer is temporarily absent when unable to carry out the responsibilites of the position as determinedby theExecutive Committee, or when the position has been declared permanently vacant by the Board of Directors." Okay. Okay. Call this crazy, but either something is temporary, or it's permanent, yes? The meaning of section S(A) can be seen through a glass, darkly. But does eventual clarity excuse poor writing? Think don't so we. Fix it. Section 5 (C): To paraphrase, this one declares a representative's seat permanantly vacantif, among otherthings, a rep is "temporarily absent for more than 4 consecutive class weeks." I assume it's the obvious, but maybe it just means they've been cutting class. And to return to a previous complaint, why term it "temporary" ifthe rep is going to get skewered on the spike of "permanance?" Section 5 (E): So, 3/4 of the Board of Directors can vote off another member. Here's one ofthe reasons: "Failure to maintain matriculated status at the law school." So. Does that mean if someone doesn't matriculate, but isn't voted off, they can serve ad infinitum? There's more, but minutiae are boring. However, this is a good time to emphasize the adage "form follows function." What does the SBA do? Charter groups,managefunding, organize events, and serve as the students body's laison to the outside world. Per these duties, what should the SBA be constituted of? Rules and structure that explain and provideeloquently—for these functions, and precious little else. Despite the ordained preamble, the SBA is not the US government. Yet it operates on a document more convoluted the U.S. Constitution. We have by-laws for a reason. Revise both the by-laws and Constitution so that the finer points are in the by-laws, and - the main definitions and duties of the SBA are in the constitution. December 6, 1996 events topic that concerns the law school community, write to The Opinio l Letters to the editor are best when written as a part of a dialogue and must not be longer than two pages double-spaced Perspectives are generally opinion articles concerning topics ofinterest to the law school community and must not be longer than submission must be typed, single-spaced, and submitted! onpaper and on a computer disk (IBM-WordPerfect S.l format). Send your submissions to The Opinion office ot place them in box 755. LETTERS TO THE EDITOR rear First Amendment Society: Any Takers? taitor, The Federalist Papers, In Alexander Hamilton asked "What is the liberty of the press? Who can give it any definiton which would not leave the utmost latitude for evasion?" Resisting the addition of a Bill of Rights to the Constitution, Hamilton declaredthat, even with "fine declarations," any freedom of expression in this country would defined by the "general spirit of the people and of the government." Despite Hamilton's protests, we the people have the First Amendment. And, as he predicted, the assurances vested in this amendment have fluctuated over the course of two centuries, narrowed and broadened as spirit and circum- rce have seen fit. From the Alien and Sedition Acts, to the proposals of Andrea Dworkin and Catherine MacKinnon, Americans constantly clash over the quantity and quality of liberty the First Amendment conveys. Andfrom William Douglas to William Rhenquist, this clash creates doctrines and parameters that rarely agree. While Nazis can march in Skokie, abortion protestors might have to keep their distance. While Hustler can lampoon Jimmy Swaggart, Jackie O can pro- tect her image. And while anyone can "f * *kthe draft," they better not do it while under the influence of peyote. The issues surrounding the development of a coherent First Amendment doctrine are still in a state of flux. Which is why I want to start a First Amendment Society here at Buffalo, and why, though I personally think you should be able to say or print pretty much anything, I welcome all viewpoints in the formation ofsucha group. The tentative function of the First S.ACole Amendment Society wouldbe to bring in by speakers, publish news and theory, and foster debate about a topic thataffects us all. A groupis only definedby the interests of its members, however, so while I might kick off a meeting with the uncut version of 2Live Crew's "Banned in the U.5.A.," feel free to bring up whatever issues particularly intrigue you. I would like to have one meeting before we all go crazy with finals, to set an agenda and charter the group. The meeting time will be posted after Graphic Inksgiving. In the meantime, anyone interested icouraged to drop a note in box 27 or mail bin in the Opinion office, or e- mail me at: sacole. Outline thieves, beware! Dear Editor: There are veryfew things thatI have chosen to out about in this form, but this need to be addressed. For two full days, Phi Alpha Delta members sat in front of Room 106 and offered outlines to EVERY student in the law school. PAD members received theirs for free; nonmembers were asked to pay a nominal fee to cover the cost of copying. These outlines wereplaced in people's boxes in order to get the outlines to people in time for finals. Right after all of the outlines for 55 people whorequested those outlineswere distributed to the boxes, I began to receive phonecalls. To date, no less than seven people have reported that their outlines were missing from their boxes, and have requested new copies of those outlines they had ordered. Deans Waltz, Shields and Carrel have been apprised ofthis situation, and we all agree that the only people authorized to remove things from your box is you or the administration. Only YOU or an ADMINISTRATOR. Taking things from other people's boxes is stealing. Folks. That' s morally andethically wrong. If you're caught, the administration has the power to punish you in whatever way they see fit. Besides being morally and ethically wrong, stealing outlines from someone (especially when those outlines were available to you) speaks volumes about your character. If you can steal outlines in law school, what could you do while you're practicing? If you're so insecure about your abilities that you have to steal other people's outlines, then you don't belong in law school. What mail is in another person's box in the law school belongs to that person only. Stop stealing out of other people's boxes, grow up and either do your own work or ask for the outlines like everyone else did. -Molly Kocialski, PADJustice Emeritus �THE OPINION OP-ED December 6, 1996 5 Follies and Fumbles Columnist Greg Mattacola Welcome to My Jungle Well, after a brief Desmond hiatus, Follies and Fumbles returns and none too soon apparently. It appears that I have added a few readers to my faithful brethren of six. It also appears that I, little old me, am the straw that stirs the shake! Let's have a little chat about the exchange ofopinions that have taken place recently. I write this column because I love sports, politics and obviously, writing. I write it to hopefully givepeople a little information, a different view and once in while, a laugh. Now what do I thinkabout the recent additions to myfan club? I love it! Why? Several reasons. First, on a purely selfish plane, you guys have justcompletely reaffirmed my success as a journalist (and I use that term very lightly)! You see, like it or not and I'll guess not, / got in your kitchen. I made you think. I gotyo« all torqued up about something. And in a place such as law school, where knowing how many interviews the guy across from you got passes as activism, I think that's pretty damn cool. This place is a breeding ground for self-absorption. Now/know that people are choosing to read my "tasteless" "attempt to get laughs" and it's makingthem think. That, my friends, is all that any writer can ask for. The second reason that I'm all for my new fan club is that peopleneedto exchange viewsand opinions. That's what this country was founded upon. Carl and Martin wrote a response that was well researched and obviously very important to them. Outstanding. Did I agree with everything they had to say? Hell, no. Did I seetheir point? You bet. That's what it's all about. Not to mention that I learned some sports history by reading it, which I am always in favor of doing. As for the otheraddition to my fan club....Wait just a second, something is coming in over my teletype machine...hold on..Wow! I'm not sure quite what to make of it. Thisjustin, MayorRudolph Guiliani ofNew York City has justissued a statement sayingthat all residents ofManhattan and the surrounding boroughs can rest easy, for there will be no more crime or drug use. It appears that someone called the Bronx Avenger is on the job now and will be making sure the streets are safe for everyone. It is also reported thatafter making New York City a better place to live, the Bronx Avenger will be moving on to Gotham and from there will beavenging the honor of fair maidens by attacking windmills. Really Mr. Avenger, you need to go back and read my first column of the year for you are taking yourself far too seriously. Do everyone a favor and stay offthe freeways in California and please don't ever work for The Postal Service. Lighten up. Relax. Perhaps you should try golf. No, on second thought, don't golf. SPORTS SHORTS: I will never like them and never root for them, but if you respect the game of football, you've gotto give the Bills their due. They keep hanging on and coming up with tough wins. At this point, with all the parity in the AFC right now, I would say that only the Broncos are a full step ahead ofthem in terms of getting to the Dance. I don't think Buffalo will get toNew Orleans but I also don't think it's impossible. And what if they did? Could this city handle more misery like that? I don't think Buffalo has any more veins to cut if the Bills came up short in another Bowl (and they would). There's only so much despair that one town can handle. I think the loss of the JumboTron is all Buffalo can take for now. Talk about Sports and Politics coming together, you couldn't ask for a better example than San Francisco Mayor Willie Brown. The self-promoted football expertripped backup QBElvis Grbac apart after his dismalDallas performance, then Elvis came back to the building (total pun intended) androcked theRavens with a solidperformance. I'ye got to give the Mayor his due, as well. Not because I thought what he said was right, it was completely out of line. But at least it lit a fire under the S.F. offense. Now if he can just insult the offensive line, Steve Young might be able to go a gamewithout gettinghis grillkicked in. At this rate Young will never be able to practice law. He'll be a veggemite sandwich. Picture this, "Your honor, my client couldn't have committedthe crime, he was..., he was..., Uh, what was I say- ... Dear Audrey by Audrey Kocsielniak, Assistant Dean for Career Development Dear AudreyI am a swamped 3L. I haven't started looking for a job yet. I plan on looking over break and all throughout second semester. Am I too late for a job? What should I do? Signed, Swamp Thing Dear Swamp Thing: Don't worry, you are not too late for job. Although the larger firmsand agena cies recruited in the fall, in a very structured, publicized manner, the bulk of the legal employment market operates on a later, erratic and unstructured calendar. For most employers "budget andbusiness" are the key considerations in hiring. Unless there is a certainty of cash flow and work, there will be no commitments. Government and public interest groups often stall until the start of their fiscal years. It is only when a budget has been passed or grant funding received that these groups recruit. Finally, many employers operate on a "hiring basis" It is only when someone dies, quits or retires that the office will hire, and they want the new hiree to start "yesterday." As a 3L, you will want to position yourself so that when the employer is ready to hire, you will be already in linefor the interview or, better still, the offer. You achieve that in several ways. Law clerking at an office puts you first in line for entry-level luring (unless you are doinga poor job). It also puts you in legal circles. Introduce yourself to the attorneys you meet. Don't be shy about letting them know you are a 3L looking for a permanent job. If your current employer is definitely not able to extend you an offer, s/he often will be glad to keep an eye out, giveyou a lead or put in a word for you when s/he hears an office has an opening. You can do targeted "postal cold calling" to employers of interest to you. When you do, acknowledge in your letter that the office may not have hiring plans at this time but also push for a meeting. It's a chance to be more than another resume in the mail. If you feel comfortable, offer to work for the office on a project basis. This gives you a chance to shine. In your letter ask the attorney to retain your application. The hiring picture can change at any time. Check back (about 2-3 months). Follow-up shows you are interested. Review the Job Books. Job Book#2 contains listing for law graduates, including post-graduation positions for Class of '97 students. But don't stop there. Look at the other books (#4- Judicial Clerkships; #5-Fellowships; #6Non-traditional). JB #1 can also provide leads. Some offices may advertise for a clerk to begin in an academic year. The hiring may be a "look see" that leads to employment after graduation. Post-gradu- ation law clerking also can tide you over until you get a permanent job or your bar results. The Bar becomes a key element for some hiring. Therefore, ifyou do not have a job on graduation day, do not despair. Instead, put your efforts into preparingfor the bar exam. Successful results give you areason to recontact potential employers andadd a very, very important element to your credentials. Some employers delay commitments until they know a candidate has passed the bar. For more ideas, I recommend GUERILLA TACTICS: Getting the Legal Job of Your Dreams by Kirn Walton. Thanks to the New York State Bar Association's Law Student Council. Ms. Walton gave us a terrific series of job search ideas that you can use. A video of that talk is available in the Law Library. Her book can be purchased at the University Bookstore. All told, don't despair. Like the Energizer bunny, hiringjustkeeps going, and going, and going. Keeptalkingwith people, keep sending in those resumes, and do well on the bar. Do you have a job question for Audrey? If you do, please send it in to the Opinion! Either e-mail your question to: jvmurphy@acsu. buffalo.edu, drop a note in box 755 or call the Opinion office at 645-2147. ing?" Yeah, gTeat job O-line. Just a quick and belated congrats to Rochester resident Frank Versace who snagged his first hole-in-one at the tail end ofthe season. Nice job. Look for this guy to be wreaking havoc on the Senior Tour in the near future. Or at least look for him to wreck havoc somewhere. All right, don't look for him. WARNING: Next column I will be using all my literary tools to poke fun at people who live in Alaska, owners of poodles and those who go whining about their grades to professors. If there are any of you "right here at UB Law, and doing quite well", please come talk to me so I can get to know you. We'll chat, have coffee, it'll be oh so nice. Then I can really drill you a new hole. Boy, is this column getting fun again! W W ■ I A L want to what you have to say... Tell us what you think... Send a letter to the Editor. We're located in Rm 7 M. O'Brian Hall. I ] 1 M M SBA cont'd from p. I new constitution on those ofother groups chartered by the SBA, was voted into existence at the meeting Not. however, without a bit of bureaucratic hemming and hawing. Due to lackof notification, the JLSA did not post its charter on the door of the SBA for seven days as required by the school's Constitution, although this reporter could find no mention of such a requirement in the Constitution or ByLaws. The advance posting is to allow students an opportunity to review the mechanics and purpose of the group, and troubleshoot any potentially objectionable policies or practices. The failure of the JLSA to comply with this regulation led to debate within the SBA. 2L Nathan VanLoon said that time to review the group's charter and consider its merits was required for a responsible execution of the SBAs duties. After substantial debate, the JLSA was chartered unanimously, with one abstention They were then deniedfunding they had not yet asked for. The meeting was then adjourned. Internships, con't from p.l sometimes not. But in the end at least we know that we tried our hardest." Recent graduate Jeremy Toth gained the greatest reward from his internship in the spring of 1996: a job. He is currently on Hoyt's staffas well asthe direct internship supervisor for the law students. Ifyou are interested in working experience at Sam Hoyt's office for the spring semester, contact the coordinator of the public service externship program, Wendy Irvine. Completion of the externship will be rewarded with academic credit. Kristin Allen also contributed to this story �THE OPINION 6 FEATURES POINT Writer argues for legalization A MindIs A Terrible ThingTo Taste —S. A. Cole Assistant News Editor Drugs are mercurial things. They can make you, break you, or simply confuse you; they can of course kill you. They are, for the most part, illegal. Yet there are many other things that can make you, break you, confuse or kill you(things like sex, driving, having kids, and eating) that are not illegal. Which is not to create a syllogistic prooffor why we should all smoke dope-but is to point out a few compellingreasons why we might wantto consider letting sovereign individuals determine the course of their lives. When it comes to this debate, I am solidly on the side of individual sovereignty. Every drug that the human animal dream can up and inject, ingest, rub, or insert into their bodies should be legal. Access to these substances-including alcohol-should be limited to persons of an age where they can vote and serve in the military. On the one hand, this sort of access will lead to more death and destruction within the American population. On the other hand, this destruction will reflect only the personal responsibility of those who choose to use narcotics. This country has seen enough scum get rich-and enough innocents die-at the hands of a drugtrade that only continues to thrive in the face of our efforts to squelch it. Let's re-assess our priorities, people. What kind of a country is this where some poor burger-flipper works harder and gets paid less than the local crack pusher? (Who could be working anywhere, including my hometown of Utica, for all those who think I might be pulling a Mattacola). If people are going to make money off of selling drugs, at least let them be subject to federal regulation that requires cocaine to not be laced with pesticide. If people are going to be consuming drugs, at least let them be able to purchase their commodity knowing how strong it is, and precisely how much dangerit places them in. And if the American people have to put up with drugs, at least let them tax the bejeezus out of them, while users and addicts still pay prices drastically lower than the chunks of money they squander for an impure, unsafe high. I know this is not a popular point of view. And I can hear the protests now. "She bases her argument on individual choice, on self-determination!" my detractors cry. "How much personal power does a heroin addict have going down for the third time, passed out in their own vomit, starving because he forgets to eat, or spends all his money on smack?" Well, having hung out with only a few suchaddicts, I can sort oftell you: not too much. They're kindofpatheticpeople. However, I can say that recovered heroin addicts are laden with personal power; they've looked death in the face and told it to sod off. They have an understanding about addiction and mortality that defies the comprehension of a well-adjusted individual. And those who don't recover? Well. There is a price that comes with self-determination, and it is personal responsibility. There will be casualties. But they won't be three-year-olds shot in the midst of a drive-by. Which ushers in the next protest. "The children! It will be easier for them to obtain drugs! And what if that three- year-old doesn't get shot, only to have to grow up with a crackhead for a mom?" First of all, if I did want to purchase some rock, the first placeI'd go would be a school. A lot of kids know about this stuff, they know where to get it. Kids are, unfortunately, connected. As for them being able to obtain drugs more easily, if they were legal, that wouldn't be so plausible if procuring for children was made a federal offense with aminimum sentence of(somelong amount of time).. Then split the money we save from cancelling the drug war, and earn from collecting drug taxes, and educate kids to the point where they're so boredof drugs, they'd rather watch PBS. Is it hypocritical to cut off for kids what is legal for adults? Nope. We don't put kids in a Stealth bomber and aim them towards Iraq, and we don't give them needles. As to kids suffering at the hands of parents who are addicts-it happens now. Every day. And whilethis is just a hunch, I don't think the rates would go up that much. Drugs are very, very available to the people who want them. And ifyou think thatlegalizing something endorses it...pah. It's not illegal to smoke cigarettes (and it better not be any time in the future), but various government officialshave made it quiteplainthat they find it disgusting. It's not illegal to scarf down a pound of bacon at breakfast every morning, but clogged arteries are not condusive to the general welfare. And while it's not illegal to imbibe alcohol, the general feeling is that it's bad for your liver. I would feel uneasy if President Clinton started his day by tapping into a vein and shooting a little smack before breakfast. However, I would also find it disquietingif he downed a coupleofvodka chasers with his burger and fries at lunch. Inappropriate choices are inappropriate choices. I have a theory-and a few years of legalized heroin could prove or disprove it—that alot oftheseductioninvolved with such dangerous drugs is the glamour of illicit activity. After you try it, of course, the seduction lies in your potential addiction-but before that, how rebellious is it to do something that's perfectly legal? Granted, I do not have visions of a United States where we the people munch roofies all day and drug addiction is a dangerous norm. I think-and hope-that most of us are smarter than that. On the other end ofthe spectrum, our country has several drug cultures that thrive within it for various reasons. Year after year of effort has proven that these cultures are here to stay. Drug use is not a crime like murder-and if you think it's suicide, ask me about my views on the Hemlock Society some day. A view such as this is of course incompatible with the political system we find ourselves tangled in for now. The United States is ever increasing its commitment to parental governing-substituting enforcement for restraint, confusing fear with discipline. Yet our country was born of individualism (and, some would say, baby-sat by people who grew pot). Our nation is predicated on self-determination—not mollycoddling. People shouldn't do drugs. Drugs are bad for their bodies and brains. But since people are determined to damage themselves in this way, let's not let them damage our streets, cities, and citizens with them. December 6, 1996 COUNTER-POINT Writer argues against legalization by tony White, Special to the Opinion The war on drugs has truly been effective for the most part. Despite the despair generated by polls and university research, drug use is curbed by the fact that it is illegal. What exactly counts as a positive aspect oflegalizing drugs? Do we seek to lift the drugaddict to thelevel ofBetty Ford or John Barrymotc? Do we want to see the drug franchises shoot up like Blockbusters? If it works in Europe why not in America? If there isno social stigmaattached to something, people become antisocial, they live completely in the world where their viceis King. Let us look at our society and try to guess what will happen to those who decide to use legalized drugs Some say drugs heighten the senses or open minds, but I believe that such a statement is a misperception and that itismore a function of defiancethan thinking for yourself. Some of the most creative people in this country have been avid drag users and in their world drugs might as well have been legal. What has happened to them 0 Richard PTyor usedalmost everything; he is now in a wheel chair suffering from a disease aggravated by his drug use. Kurt Cobain committed suicide. Robert Downey, Jr. has suffered profoundly and the only thing that stopped his downward spiral was being anested. Charlie "Bird" Parker, Miles Davis, and Nat King Cole, all lived and diedbeforethejrtirnefromheroin. However, these celebrities are not truly indicative to the wide breath ofpeople who use drugs. Heroin addkts will generate a significant boost to the dental hygiene industry, maximizing their employee dental plans. Heroin addicts have the uncanny nature not to like solid foods and to crave sweets almost as much as heroin. Also, there will be a significant decline in the amount ofsex used in advertising after all, heroin is supposed to be ten times better than sex. Crack and freebase can be created in a person's home so easily, if it were legalized, any regulation of these forms of cocaine would be completely futile. Marijuana is often the stepping stoneto harddrugswhich arethen mixed with marijuana or the marijuana is abandonedcompletely People seeking to get high do not care about quantity Or quality, they just want to get high and stay high for as long as possible. Drugs alter the mind no matter what the drug is and people will not tolerate quality control of their drugs and will find a way to maximize the drugs that are available. Quality and quantitycontrol will be difficult because drugs can be enhanced easily by items that any person could get in a grocery store. Drag addicts are addicted, they are people possessed, and the illegality of drugs is inconsequential to them once they begin ontheirjourney. Acrackhead doesn't have to worry about being arrested for smoking crack in some neighborhoods it might as well belegal. Legalizing drugs is supposed to take the power away from the dealers and the suppliers, why? The suppliers bring in billions of dollars an irrelevant issue compared to - -- human suffering. Street dealers are filling up prisons at an astounding rate and my answer is—so what? People are arrested for violating the law and for the seriousness of their crime. These individuals pedal suffering, and they don't stop selling drugs to a person until they are dead orthey have no way to pay. It is a filthy business, and it takes a truly depraved mind to slowly kill someone. The drug dealer would have to become faceless Would it be better for drugs to be sold retail? There is already alegal issue about bar owners' and bartenders' liabiityregarding crimes committed while under the influence. Also, there is the issue of corporate entitites becoming involved in the sale of drugs in order to turn a profitthese companies will have to be subsidized. — will certainly mean that the taxpayer will be being paying for drugs regardless of their own distaste for drugs. Where will the drugs be grown? The areas within this country where drugs could be grown certainly wouldhave a hard time finding growers in this country's conservative social climate. What is the alternative? Importing drugs will certainly triple the trade deficit within ten years of legalization. Drugs and violence are closely linked within this society because these individuals have problems. Legalization willput an interesting spin on the phrase; "the customer is always right. 1 can just see someone trying to return a bag of drugs at Christmas time: "Yeah, I'm sorry I don't have a receipt, but it's all there." "My wife said she wished she had a box of smack, not crack." "Oh, you do have heroin, too." "Wonderful, now 1 don't have to go to the other end of the mall." "Wow these are some really nice syringes you have heTe...andselfsterilizing, coool." "I'm a crank sorta guy my- . self," ■ Some European countries allow drug use within homes and certain official places, but the last time 1 checked Europe was a different continent across something called an ocean. Europe has different traditions and customs and while there are some similarities, the people are very different. The most profound example ofhow different is found with obesity. Many people in this country are overweight. Why? There is basic inability to deal with personal problems and strife in a healthy manner. Absent the availability of mental health centers or the willingness to use them, people turn to Whatever is available and socially acceptable, within their situation. People In the South haye the highest rates ofcancer and heart disease in the country as a function ofobesity. The southern part of the country has, in the past, had a high poverty rate and has not had a significant development ofmental health care facilities. The most profound factors associated with these conditions are acceptance of obesity within church organizations and the absence ofbars tn these communities. People are allowedto be overweight, to an extent, within these social groups and it is not viewed as a problem. Cooking skill is very important within these communities as well. Many ofthefoods See Drugs page 9. �FEATURES December 6, 1996 THE OPINION 7 ESLS symposium a smashing success by Kristin Greeley, News Editor This year's Fall Symposium on Entertainment and Sports Law in Western New York featured a diverse panel of speakers from both the entertainmentand sports arenas. The Symposium was held Monday, November 18, at the Center for Tomorrow. The Symposium was co-sponsored by the New York State Bar Association, the University Union Activities Board, the School of Law, and the University at Buffalo, along with the Entertainment and Sports Law Society. After welcoming remarks from Entertainment and Sports Law Society (ESLS) President 3L Lynn Wolfgang, Dean Barry Boyer gave some opening remarks of his own. He expressed his enthusiasm for the symposium saying, "this isone ofmyfavorite student events." Following Boyer's remarks, Wolfgang presented him with a certificate of appreciation for his support for and dedication to ESLS. The panel discussion was moderated by Jean Hill, anchor at WKBW-TV, Channel 7. Hill said that the evening promised to be "informative and exciting." She added that in order for students to get involved in entertainment or sports law, "the most important element is having contact with someone who is doing what you want to do." The first speaker on the panel was Keith Schulefand, Esq. Schulefand is a practicing attorney and is also a licensed contract advisor for both the National Football League Player's Association and the National Hockey League Player's Association. He represents both profes- sports and entertainment law field is mostly a matter of luck, "a question of being in theright place at theright time." Getting a break in the business involves realizing when an opportunity presents itselfand when to seize it. He also commented on the value of freeagency forprofessional athletes. Free pusuing that. The final panelist was Dr. Ross Runfola, Esq. Runfola is a partner at Siegel, Kelleher, and Kahn. His practices concentrates mainly on matrimonial issues, but he also does contract negotiations for television, radio, and sports. Runfola's advice for becoming an entertainment or sports lawyer was "leave Buffalo." He also discussedhow to properly negotiate a contract. "You never bluff with somebody's life...always, always be as fair as you can," he said. According to Runfola, most attorneys think that negotiations are the first step in the negotiations process. Runfola saidthatascertainingthe potential client's goals is the actual first step in contract negotiations. All of the other things the attorney does are based onthese goals, he said, including whether or not to take them as a client. "Just because someone comes into your office doesn't mean you make them a client," he said. ESLS President Lynn Wolfgang was enthusiastic about the evening's program. "I was very pleased withthe attendance. I was happy to see members ofthe legal community present in addition to students...The panelists were both interesting and informative," she said. "I was also very pleased withtheDean's support of our organization." A videotape of the Symposium is available for viewing in the Koren Center oftheLaw Library, Wolfgang said. Videotapes ofpast symposiums are also available. lawyer, you better make sure they can trust you," she said. Also, an attorney must be intimately familiar with the industry in which he or she is representing a client. For an entertainment lawyer, this means knowingabout such things as Arbitron and Neilsen ratings. SamTMrtn know your by Phot i larger salaries, he said. The same is true for radio and other media personalities, but not as extensively. Often, media personalities are tied up with restrictive covenants in their contracts. The second panelist was one of Schulefand's clients, Janet Snyder, radio personality at WKSE, 98.5 F.M. Snyder began her comments on her dealings with the legal profession with "I don't know any law terms, so don't expect me to tell Snyder said that one of the main concerns she,as a client has is being able to trust her attorney. An attorney basically has her life and career in her hands, si 8, Mike Igoe, Money MattersReporter at WGRBTV, Channel 2, was the third panelist. In addition to being a TV news personality, Igoe is also an attorney. He said it was a combination of "luck and circumstance" that landed him a career in television after earning a law degree and practicing law. He also saidthat "alternative careers" for lawyers are not all that unusual. "Nothing is forever," he said, "It's the contacts and circumstances that will lead you to that perfect job. The skills I learned in law school I use every day." Igoe saidthat there are many different ways to use a law degree. The key is finding out what you are interested in and Federal Criminalism, con 'tfrom page 1. Congress delegates the law giving authority to the courts by refusing to enact specific criminal legislation. In doing so, Congress effectively escapes the pressure that wouldnormally be a consequence of taking a definite position. As Kahan sees it, this also frees up time for "making laws for special interest groups that produce much more reward for the legislators." After a short coffee break the symposium reconvened. Professor Sara Sun Beale of The Duke University School of Law told us a political crime story. It started in 1964 when Republican Presidential candidate Barry Goldwater first used the crime issue in his campaign. Goldwater lost the election but his issue won the war, and being labeled as "soft on crime" has been a political kiss of death ever since. Professor Beale suggested psychological explanations for the strong voter conviction(no pun intended) on thecrime issue. Overgeneralization occurs when people form general ideas about an issue based on a small amount of examples. A voter may have no experience with our criminal procedure system other that the O.J. Simpson case but feel that system is flawed based on this one example. According to Beale, "once thisworldviewis formed it isalmost impossible to change, especially if a personal situation is involved." Even the most rational argument against capital punishment may not change the opinion of someone who has had a family member murdered. The most recent example Beale cites of political reactionism to this phenomenon isthat of Bill Clinton. After losing gubernatorial re-election in 1980, the liberal Democrat embraced a pro-death penalty position. Nancy Marion, political science professor at The University ofAkron, picked up here with a look at the substance and symbolism ofClinton's crimeagenda. The Constitution gives most ofthe crime solving power to the states but the voters like to seethe president do something to combat crime. The result, according to Marion, is "symbolic law." Capital Punishment, for example, is never used at the federal level but is onthe books nonetheless. Programs such as Boot Camps, DA.R.E., and /00,000 newpolice officers on thestreets, "look great to voters but fail to solve the problems they address." After lunch Professor Anne M. Coughlin of The University of Virginia School of Law compared and contrast the 1994 Violence Against Women Act with thel9loMann Act. The former deals with the domesticviolence crisis oftoday,while thelatter dealt withtheregulation ofprostitution.Professor Coughlin demonstrated how the two are not so very different. The legislature asked the same question in 1910 as it did two years ago; "why don't the abused women just leave?" In both cases, witnesses for the legislative committees explained that they felt as though they were "prisoners in their own home." University of Chicago Law School Professor Tracey Meares brought thefirst discussion of anti-drug abuse laws controlling for variables of gender, race and education level. The beauty of this presentation was that it was delivered by a highly educated black woman. Meares went on to share her detailed statistical analysis in a warm animated fashion that brought this cold hard data to life. The African American population as awhole (but especially in urban areas) islikely to have a far differentexperience with drug abuse and its legal ramifications than the majority ofwhiteAmerica. According to Meares, this factor, along with low education levels and women concerned for their children, produces significantly different attitudes toward harsh sentencing. For instance, a mother that sees it likely that her child may be involved with drugssomeday is not likely to be in favor oflong sentencing for drug offenders. These same people are also well aware of the disparate treatment of minorities withregard to sentencing. For Meares, "criminal law enforcement has to be equal and provided at the local level." Our next panelist, Mr. Vincent M. Del Buono, was unable to attend as he was called to dutyby the United Nations. After commending Del Buono for his work in that capacity, U.B. Law Professor Errol Meidinger filled in by reading the paper on Criminal Code Reform in the Common World thatDel Buono was scheduled to deliver. Most of the attention on this panel went instead to the provocative theories ofGermanProfessor Bernd Schunemann, University of Munich. "There is a high degree of similarity between the American and German Criminal Code," says Schunemann. On the whole, however, he sees "United States courts moving to the right and German courts to the left." He cites abortion as his prime example. He notes that while the German Constitutional Court denounced abortion in 1975 citing the rights of the embryo, by 1992 that same court had legalized the practice and found that the rights of the embryo were taken care of by pre-abortion counseling. The real concern for Shunemann, however, is that "acts against nature be treated as criminal." Civil law sanctions are not enough here because we entitle harm to be done to our ecosystem "as long as you're rich enough to afford it." For Shunemann, acts against the environment wouldbe criminal long before such things as theft or burglary and even murder. "You see," says Shunemann, "when you kill one man it harms only one but when you kill an ecosystem it harms an entire generation of men to come." After a short coffee break it was five o'clock. The only thing to possibly keep people awake at this point was the witty humor of Mr. Robert Joost. A Harvard Law graduate and administrative law judge, Mr. Joost sees the answer to federal criminallaw problems as areplacement of the current law (Title 18) with his new version (Title 18a)."You might even want to leave them both on the books," he said, "this way prosecutors wouldhave a choice of which is more beneficial." Mr. Joost was much more serious while alone with a small group of us after the conference; "What the United States needs is a clear criminal code. A clear, See Criminal, page 8. �THE OPINION 8 NEWS December 6, 1996 Students speak out about tuition increase Opinions vary, but all agree that the increase is toughest on the students by Jessica Murphy, Editor In Chief Law student opinions about the upcoming spring tuition increase runs hot and cold. 2L Joe Reynolds said, "I was under the TAP maximum by just $14, so I didn't receive any SUSTA. Itlooks like myloans are going to be increased instead. This is a wretched state of affairs." 1L Shannon Herron, "I think that although the tuition increase might be helpful, the Administration does not seem to be using the money effectively. It will make me pay more for the same education thatthe previous years paidless for. There also is no point in making the third years pay, because they will receive absolutely no benefits—they are flushing $625 away." 3L Lynn Wolfgang said, "Sure, any hike in tuition is bad for the student, but UB is still a bargain." An anonymous 1L said, "I think the school is trying to make up for the loss in tuition incurred by not admitting as many students as usual. I think an increase is DrUgS, acceptable if students get some benefit from it, orreceive additional services for it. It is unacceptable ifthe purpose ofthe increase is to apply to a deficit. I also have a concern for those students who are over-extended loan-wise and may notbeable to come up withthe money on such short notice." ÜBLaw School Dean, BarryBoyer, explained that the tuition increase will be effective immediately next semester. Each student currently at UB Law School will be billed an extra $625. Next year's in-state tuition will increase from $6100 to $7350. Next year's non-resident tuition will jumpfrom $10,750t0$12,000. Boyer further explained UB Law's reasons for increasing the tuition midyear. "The basic use of the money is to preserve the some of the curricular improvements we have put into place over the past two years; absent the increase, many things wouldbe at risk (especially programs taught by non-tenure trackfaculty),and we wouldnot have beenable to hire the two new tenure-track faculty this year (Prof. Makau Matua and Prof. Estelle Lav)." UB Law students met Wednesday morning with a surprise note from Kimberly DeWaal, Assistant Director for Admissions and Financial Aid, which outlined UB Law's affirmative steps to minimize the impact of the upcoming spring tuition increase in their mailboxes. The memorandum explained that UB Law School Administrators "have set aside a limited amount of money to assist those people with the greatest need." DeWaal's memorandum also stated that since students already receiving full SUSTA and TAP aid will automatically receive further SUSTA assistance. Students who do not fall within the full SUSTA and TAP category can either increase their loan burden, or write an essay to turn in alongwith a copy oftheir financial aid transcript to cover the increase. The essaysand transcripts will be reviewed by a committee to determine which students have the greatest need, andadditional funding from UBLaw will be made available to help bridge the gap caused by the increase. A second year, joint degree student who prefers to remain anonymous said, "I'm still waiting for the big apology. As a member of the class that started here in Fall '94, we have been hit with two substantial tuition increases under the guise of the new curriculum. We have endured the introduction of the new Research and Writingprogram and Bridge Courses and have seen and will continue to see little tangible benefit. I am encouraged for those of my colleagues to follow, but I await the apology at graduation which begins, 'You have endured much, and we appreciate your efforts and apologize...'" "/ haven't committed a crime, what I failed to do was comply with the law." -David Dinkins, former New York City Mayor, answering accusations that he failed to pay his taxes. con 'tfrom page 6. are selected for their ability to satiate beyond basic nutrition. Southern communities seem to re- flect these traits more than other parts of the United States or other countries, entirely. (I am not in any way persecuting the South but recent dietary studies are focusing on southern cooking styles and customs to determine why there is such a high rate of heart disease and cancer within the region). This illustrates that some communities have difficulty dealing with everyday stress and finding various ways to cope with life. Legalizing drugs would cause problems in communities such as these, whereas if drug use became a problem people in these communities would still be less likely to get help because ofperceptions about mental health and their own ability to deal with drugs. It is not accurate to say that something that works in Amsterdam will work in New York or vice versa. However, as a nation the government can not discriminate between which regions and groups that will be allowed drugs. Once drugs are allowed in the country, suppliers will go where there is demand. The most widely accepted "Works in Europe" argument for legalizing drugs, is that people are going to dothem so why not make it social to enable people to control themselves. Tell that to the young woman, on this campus, who was recently raped by two men she brought home from a bar. Alcohol is legal and it is constantly associated with rape, so I think it is a good idea to have drugs available in social settings. That way, we can stopprosecuting rape altogether, since no one will remember being raped and rapists won't remember raping. Maybe it won't go down like that. Maybe people will be able to control themselves, go to the local tavern, get a little high and come home with a consenting adult. The truth is drugs don't make people violent: they give violent, desper- people a weapon to exploit weaker individuals. Drug dealing is capitalism on octane and the truth is this country has a Constitution and it has laws to protect the people. The legalization of drugs means the free reign of capitalism. The government will not be able to control those whotake that path and we will be faced with human suffering that will lead to the further decline ofthis society. The war on drugs is a valiant fight. Alcohol was a concession and this nation suffers, obesity isa concession and this nation suffers. The government and the people need to take an even stronger stand against narcotics. In order to protect the rights ofthe society as whole, sometimes the freedom of others must be ate limited. Criminal, con'tfrom page 7. concise code will limit the workload. In 1978 U.S. attorneys failed to prosecute twenty-six percent of the complaints brought to them due to a burdensome workload." When ProfessorPaul H.Robinson of Northwestern University School of Law spoke he used a short but sweet David LeftermanTop-Ten List of ideas for Reforming Federal Criminal Law and The modern Penal Code. Nils Olsen, Vice Dean of U.B. Law School, closed the conference around six o'clock with a great deal of thanks and gratitude to all ofthe chairs and panelists, especially Markus Dubber. After the ference Dubber said he "truly feels that criminallaw has been understudied in law I school." He hopes that efforts like this | will bring more recognition to the criminal law department and the ranking of IU.B. Law School in general. Jessup First Year Moot Court Competition � Don't miss what many have called their best Law School experience! � Perfect your oral argument skills for your R&W appellate brief assignment! � General information meetings will be held on Jan 29 at 4:30 and Feb 3 at 5:30. {&■ f to be announced. h t -• fa«» t 'A �FEATURES December 6, 1996 THE OPINION 9 WITH BUTTER EXTRA by Kristiim Wm Scott Frycek Ransom Features Writers Hers * Wow! I literally felt chillsrun up and down my spine while viewing the new Ron Howard film "Ransom". The plot is relatively simple. Tom Mullen,portrayed by Mcl Gibson, is a wealthy airline owner withtheidealfamily. Suddenly,Mullen's perfect life is severely disrupted whenhis son Scan, portrayed by Nick Nolte' spride and joy(Hmmm, wonder how he landed the part), is kidnapped by the bitter and cynical NY City cop Jimmy Shaker, portrayed by Gary Sinise. The movie is fast-paced with a plot thatwill surprise you untilthe credits start rolling. Mcl Gibson's realistic portrayal of the frustrated and distraught father, willing to take on thedevil to save his son, is oscar-worthy. (He's also no eye sore) Gary Sinise is the perfect villain. He is angry at the world for the hand he was dealt in life and in true Robin Hood-like fashion, wantsto stealfrom the rich (Tom Mullen), and give to the poor (himself). Why only 3 gavels? Basically for two reasons. First, Rene Russo's portrayal of Scan's mother is mediocre at best. Her son is stolen from her, hand- cuffed to a bed and fed nothing but candy bars, yet she seems indifferent. Almost as if shealready knows the ending and is just plain bored. Second, the ending is cheesy. Ron Howard should have edited out the last fighting scene between Mullen and Shaker. Not only was it unrealistic, but it gave me troubling flashbacks to the numerous Lethal Weapon movies I had seen. I advise all of you that haven't already seen this flick to do so. It will definitely be worththe money. Rating: 3 Gavels His Grandpa always used to say, "Scotty, never get in a pissing match with a skunk. You'll never win." In this suspenseful, "everyparent's worstnightmare" movie, however, the character of Tom Mullen (played by Mcl Gibson) does just that. Rather than pay of his son's kidnappers, Tom decides to beat them at their own game and offer the would-be ransom as a bounty on their heads. Although Tom's tactic puts his son through a little more torture than expected, inevitably the kidnapper's plans fall through. Sorry grandpa. Surely by now everyone knows and loves "Ransom". Therefore, I'm only going to point out afew interesting items to notice in a second viewing. First of all, I loved theanalogy between Tom's airline and his son. It's ironic that he is willing to make a pay-off to save hisairline but not his son. Secondly, one scene shows Tom contemplating suicide at the same time one of the kidnappers is. This goes to show that the line between the "haves" and the "have nots" is a little finer than many of us would care to recognize. Overall, "Ransom" is tremendous. The only thing more awe-inspiring than the direction and cinematography is the stellaracting of Mcl Gibson. He is just as believable playing the role ofthe doting father/husband as he is portraying the hardnosed, corrupt airline executive. The onlything I wouldchange about the movie isthe phony, "showdown at the OK corral" finale between Gibson and Star Trek Commentary by Nathan Van Loon, special to the Opinion With the collapse ofthe Soviet Empire, America no longer has an enemy who could exterminate all two hundred and sixty-five million of us in under an hour. Yet now the folks at Paramount Pictures have one upped the Russians with an antagonist that doesn't want to kill us off, but instead make us one of them. Perhaps you've heard of these radical mechanical men, bringing their technology and their politics with them from beyond the stars. They believe that everyone should jointhe Collective. They believe thatthe individual will be assimilated into the whole. They believe that resistance is futile. They are the Borg. I suppose that there are extraordinary events in everyone's life. For many of us the sight of a massive Borg ship in Earth'sorbitattackedbyafleetofStarfleet ships shall be extraordinary. No doubt any movie-goer will sit transfixed in their chair as the phasers and photon torpedoes flash upon the screen in Star Trek: First Contact. However what makes this movie a cut above a movie like Independence Day, is that there isactually a plot involved besides "Destroy them pesky aliens!" Picard, Captain of the new Enterprise E, and his redoubtable crew rush homeward to Earth to join the battle and manage to help destroy the Borg ship. Yet in its last dying gasp theBorg vessel ejects a pod that opens a temporalanomaly allowing them to travel back in time to strangletheFederation its infancy. Picard leads the Enterprise into the anomaly to fight this new menace, and then the true battle begins. The battle for the souls of Data and Picard are played for by the best Star Trek villain since Khan in Star Trek II: The Borg Queen. It is this battle which takes the film to a higher level than its science fiction contemporaries, and elevates it to the level of art. In good conscience I cannot reveal the ending to this film to those in the viewing public who didnot go on the first weekend ofrelease. Let us just contemplate what would happen however if Picard and his crew failed in their mission. Janeway and company would be travellingacross the galaxy to come home to a planet inhabited by nine billion Borg. The crew ofDeep Space Ninewould have to flee through the wormhole into the waiting hands ofthe Dominion. And Paramount Pictures would be out of a lot of money. Draw your ownconclusions as to the likelihood of that ever happening. Trek: First Contact opens on Friday, November 22nd. For our next installment I pose this question to our readers: Which is the better Captain, Kirk Picard, Sisko, or Janeway and why? The result of this inquiry will be reported in our next edition. Send your responses to Box 553. the head kidnapper (played by Gary Sinise). Other than that, go seethis movie again and again. Just be sure to bring your kids with you. Rating: 3 1/2 gavels Have you got a great story idea? A neat idea for a Column ? Do yoWg want to get in- ' 'Imtlved? Call us a| £45-2147, drop c in Box 755, om Wmop by room 7 v basement! Hpl would love new ideas andfredh M)te OiitlooksJ Grape ine THEV by CSNichon and Scott Lovelock, Special to the Opinion A approach, the most frequently asked question by many, besides the spread in the football game, is what kind of wine should be served with dinner It should be noted, first and foremost, that the reader should onetotell them whatwine never they must serve with a meal. We are the fir others to choose what they like. Instead, we offer suggestions of wines that would be wellsuited for the diversity found in most holiday meals. Specifically.two varietals, PinotNoir and Zinfandel. are particularly well matched for holiday dinner. The key to the holiday dinner is the diverse food offering found at the table. Were the dinner to consist solely of turkey , a dry Chardonnay or acrLspSauvignon Blanc would work quite well However, the holidays represents a veritable cornucopia of offerings. With this great mix of flavors, a wine that compliments the many spices found in the dinner would be the best match. Pinot Noir, a lighter style red, has a great many similar spices to that traditionally found at a.holiday meal. Both represent the lighter, less dry spectrum of the reds and will often appeal to diverse Estancia, Stonestreet, Domaine Droughin and Calera. Among that group, Estancia is thelightest and most inexpensive. The Stonestreet and Droughin are much fuller and have a higher price tag, but both represent about the best in Pinof. The Calera is more middle of the road with plenty of yummy fruit, and we have found to reach the most number of people's approval. California and Oregon Pinols are the best bets Among the Zinfandels, the Frog's Leap is the a wonderful offering. In addition, Silverado. Montevina and Mondavial I will stand up well at any holiday dinner table. Saludi Scott Lovelock is v Third Year at UB Law. He is a graduate of the Culinary Institute of America, and has amassed an extensive wine collection His expertise encompasses far more than just wine knowledge. If you lunv any questions regarding wines and spirits, please ctmtact the Opinion in Room 7, e- drop a note in box 755. �FEATURES THE OPINION 10 December 6, 1996 Focus on Family Court Judge Michael Battle Former UB Law Alumnus personable and professional by Jessica Murphy, Editor In Chief When I arrived at Family Court Judge Michael Battle's Chambers, the door was wide open. The first thing I noticed was how small the chambers for a judge were, but the outer office was warm. Immediately, the secretary greeted me and offered me a seat. I noticed on my right the picture of a very happy baby on a beach. When I walked into Judge Battle's office, it was also smaller thanwhat I pictured a judge's office to be, but personal nonetheless. Nothing was stiff or ornate. This was the office of a man who sincerely tried to serve the people and do his job to the best ofhis ability. Judge Battle is a very busy man. But, despite his hectic schedule, not one person interrupted us, not even a phone call. Although I had only twenty minutes...they were all mine. I wish you could have been there when I talked to him. His presence is hard to describe. He is overwhelming and unassuming all at once. His eyes lent a deeper meaning to his words and he infused a lot of humor throughout our conversation. Where are you from originally? The Bronx, New York. Where did you end up going to college? Ithaca College, I left New York in 1973. Did you miss the city? Well, I was a fish out of water in Ithaca. I mean, when you grow up in New York City, you tend to think the rest of the world looks like New were in law school? How has the law changed or the legal profession? The legal profession—Other than technologically, it hasn't changed a whole lot. We had Westlaw when I was in law school, but it's nothing like what the law school has now. The use of computers for so many differentthings in the profession is much more pervasive than it was when I started out. We didn't come into the profession with a lot of training, so many of us had to learn to do that mid-point. My first real exposure to computers came in 1989-1990 when I was at the U.S. Attorneys' office, and the Department of Justice decided we were going to be as computerized as the private sector. They sort of stuffed it down our throats-but it was a good opportunity for us to learn. That's one of the ways the legal profession has really changed as far as I'm concerned. But, you'll still find that a lot of government agencies in particular are still very behind the times in development and use ofthis technology. Do you think a lack of technology saw your name in it, they'd call you up or sende-mailsaying, "Hey, give me thereal nitty-gritty on what happened in this case other than what I'm going to find in the books." That was a very useful tool. We were also networked with the Clerk's offices at the District Courts, so we could get copies ofthe pleadings or look at a file without even going to the nature. Many courthouse...things of that government offices at the lower levels are very behind in that kind oftechnology and need to catch up. What was your first job right out of law school? The Legal Aid Society in New York City. And, that is exactly where I wanted to go. One ofthe reasons why I wanted to go to law school was to go back to community I left and represent people who couldn't afford lawyers. So, I took a job with the Civil Division of Legal Aid in Harlem. So, how didyou end up in Buffalo? My wife was two years behind me in college, and she came to Buffalo when I was entering into my third year of law York City. It was a bit of a culture shock for me, but it was something I was willing to do. One of the things that made it easier for me was that one of my good friends better for your family or better for your community, and in each of these from high school went to school there with me. So, you ended up going to UB Law School? Yes,right after Ithaca College. Why UB Law? UB Law for two reasons, one—very personalwas that I met the woman I ultimately married while at Ithaca College, who was from Buffalo and with whom I hoped to c a future. The second was monetary. The school had a good reputation but wouldn't cost me half as much as Hofstra or NYU, where I had also been accepted. Why did you go into law? That's a very interesting question. I started out in my sophomore year of college...l just stumbled upon a job with the family court as a summer position. That was my first real exposure to the legal profession. It was a combination of getting to know some of the lawyers who worked in that area and some ofthe judges who I became friends with as well as friends who were attending CornellLaw School while I was at Ithaca College that I developed any interest in the law whatsoever. It was something to give some thought to about what I was going to do after I graduated from college. I made the decision to go to law school about midway through my sophomore year of college and then I focused just about everything I did to prepare myself for the LSAT, deciding what law schools 1 wanted to apply to and attend and simply getting ready to be a lawyer. It was something I sort of walked into, but once I developed a desire to do so, I was extremely focused. How has the law changed since you ment of being in the big city. Plus, after all those years away, I began to realize there was more to life than living in the Big Apple. I love the Big Apple, that's my home and I love being there, but I needed to take care ofmy personal life. I needed to thinkabout the schools my kids were going to go to...theplaces I was able to afford to live...safety and security for my wife and my family...and I felt that Western New York could offer those things that I couldn't get in New York City. When I came back, I accepted a position with the U.S. Attorney's office from a friend of mine for whom I had worked while I was in law school, Sal Martoche. He hired me, and I never looked back. In fact, it was one ofthe best decisions I've ever made in my life. You've just been elected to a term as a Family Court judge, do you have any plans for after your term? It's ten years down the road, and I have this terriblereputation for changing jobs every two years...and I say this tongue in cheek. It's just goodfortune because I have been in positions where opportunities have presented themselves and people have selected me to be a part of those opportunities, so I haven't left jobs because I hated them or wanted to do something else, it's only because better opportunities came along. Sometimes you have to take advantage of those opportunities, because they may not come back around. And, they're not always better for you, but they're Family Court Judge Michael Battle undermines the success rate of these agencies? In many ways, it does...lt slows down the process and I have my own thoughts as to why they've waited so long to catch up. Some might argue it's economic, I wouldargue that it'sa combination of money and a combination of politics.. .but I' m not going to get into that! But I think it has been a problem, especially in aplace like the Attorney General's office. The civil nature of that practice over there is so paper intensive. One of the things they're really behind on is the ability to communicate with one another. Some ofthe equipment they use is somewhat antiquated, but I thinkthe inability to communicate with one another around the state and even intra-office is something that puts them way behind the eight ball. When I was in the Federal Defenders Office, we were linked up withevery other Federal Defenders Office in the nation. And, you could pull up on the screen the names of every Federal Defender around the country. On a number of occasions, I used that network to get information about cases or decisions, and people sought me out because very often in Federal Court you're trying cases of first impression. So, when someone looked up a case and school. By that time, I had been away from home for about seven years, so I wanted to get back to New York to spend some time with my family. I decided that I wanted to begin my career in New York since that's where I had my contacts I had continued to work in the Family Court every summer during college, and subsequent to that, at the Legal Aid Society during the summers while I was in law school. So, when I went to apply for a job during my third year of law school with Legal Aid Society, they didn't even want to interview me~they were ready to give me a job right away. They offered me a position, and that cut down the need to look anywhere else,because I was exactly where I wanted to be. I accepted the job, and I toldmy wifethat I wanted to goback to New York for a while to spend time with my family and to develop my practice there. We stayed in New York for about three and a half years, and we had a couple of kids while we were there...l realized that after a while I had just gotten fed up and had outgrown New York...My life had changed. My focus was now on my kids and my family and my career, and I wasn't so much focused on the excite- cases I thought that making these changes involved those kinds of advantages. As far as ten years down the road? I don't know...if another opportunity comes along...At this point, I enjoy being a judge, so it wouldhave to be a judicial opportunity. And, I can't say where that would come from because what I learned about politics this summer, it just depends on what direction the windis blowing when you're standing. If I could continue to serve the community in this capacity, I would certainly do it. But, now? I have no plans. Was it weird to put onthe judge's robe for thefirst time? Yeah! That was strange. That took some getting used to. I'm finally becoming accustomed to it. First of all, it was hot. They're very warm. I guessyou could get some better ones, but most of them seem to have too much polyester in them. They're flowing, so it's hard to sit downwith them and they have the big sleeves, so I'm always pushing my arms out. Itreally took some getting used to, but I do it every day now. I'm in the robe six to eight hours a day. It's funny, though...when 1 put it on, I'm so accustomed to it, I don't think about it when I put it on. But when I walk out of my chambers, and I see someone standing out there, I have to remember I look differentthan everyone else. So, ifI walk out into the hall when there's a lot of people, they all go, Whoa! So, I have to remember that. Sometimes, I'll put the robe on with the intention of going into the courtroom, but then someone will catch my attention or say "Judge can I See Battle, page 11 �Battle, talk to you?" and the other people around say, "Hi Judge!" and sort ofstand atattention. I have toremember that I'm stillthe same person, but that I represent a certain office. I have to be conscious of the impact that the role has on other people. Was it hard getting used to being called Judge? It's still hard...it's a very difficult thing. It's something that I'm certainly proud of, but not necessarily excited about that kind of attention. It's like a new first name. When I step into an elevator,and it'sfull ofstrange people.. .and then oneperson recognizes you, and says, "Hello, Judge." Everybody turns around and looks at you. It's hopefully out of respect, which is good...but it does take some getting used to. What was it like to go into the courtroom and have your entire perspective be backwards? That has also taken some getting used to. I spent so many years on the other side. I'm probably more active and I probably spend more timeacting like one ofthe lawyers in the courtroom thanmany other judges do. Again, I have to be careful not to be an advocate and I have to be careful not to try to push the case in a certain direction. I remember how much I hated it whenjudges did that with me, so when I need to get information from someone providing testimony, I try to do it in a subtle manner so as not to embarrass or impose upon anyone. So, I try to preface the questions with "I just need some clarification here..." I don't wantto be an over-bearing person. I want the lawyers who come to my courtroom to know that I'm there to work with them, not against them, not for them, but to help all of us get to the bottom of it so we can get a solution. I always try to remember whatI wouldhave wantedwhen I was a lawyer. What sort of cases doyou hear the rhost? A lot more custody and visitation issues than I thought I would. I thought there would be a lot more juvenile issues, and we certainly have our share. Nowadays, a lot of cases focus on a custodial parent wanting to leave the geographic location. Those are tough cases...when it's local its a little bit easier to—not literally-split thebaby inhalf.. .but when you're talking about hundreds of miles, it becomes a real problem. Do you think the children got forgotten in cases like these? Yes, that's why I give a lot of deference to the law guardian. I know the kids can't protect J| IB THE OPINION FEATURES December 6, 1996 con 'tfrom page 10. themselves. I put a lot ofpressure on the law guardians to protect their clients. I make sure that in every case that I have about custody or visitation, I have a law guardian, even if at the outset ofthe case we aren't sure about which direction it's going...l want to make sure the kids have representation. I put a lot ofpressure on the law guardians to put a lot of pressure on the parents to never forget that we're all there for the best interests ofthe child. Do you think Family Court is effective? I think it most certainly is. I thinkFamilyCourtgetsabadrap. You've gotto understand whattherap is. The rap is that it is a no-win situation for people, so it's not only a miserable place to be a lawyer, but also to be a party and certainly to be a judge. I think we'd be a lot worse off if we didn't have a Family Court. I think this particular court has alot ofvery caring judges, and a lot of very caring people and a lot of very caring professional lawyers. If you justtake a minute or two to try to do what makes the most sense in applying the law, you almost have to think about applying the law as a last resort. Let me give you an example. I try to forget about what's legally right, but to think about what makes the most sensefor thefamilies and for the children. I spend a lot of time doing that. And, if that doesn't work then the only thing left for me to do is to apply the law. Even in that situation, I try to apply the most common sense solution to the situation. Sometimes thatflies in theface of the law, so then you have to do a balancing act: Do I want to take a chance in doing that? And, sometimes it's worth doing, even though you're going to get reversed on appeal. Or, sometimes you just apply the law knowing that somebody's going to get hurt, and at that point you've got to say, "This is what you wanted, this iswhat you've got." You just do this on a caseby-case basis. So, yes, I think that Family Court is very effective. You mentioned common sense, does anybody train Family Court judges on what the best interests of a child are? I haven't been to judges' school yet, so I can't tell you the answer. You just have to apply the law, and in Family Court, you bringall of your experiences with you. I have a very good friend in New Yorkwho was a law guardian for Legal Aid Society for about 25 years,and heand I were talkingabout me being on the bench. He told me, "The best ■j«MM«dBJ| F m" W thing you will bring to that court is yourself, your experience, your background. That's really what is most necessary." Thereare a lot of grey areas, you're dealingwith emotions and you're dealing with a part of our system that deals with the very core ofour society-the family. It's an institution that takes some nurturing and caring because so many things gointo when it works and when it doesn't work. And, so many things have to be looked at in order to fix what's broken. It's a lot differentthan applying punishment to someone convicted ofa crime, andeven thattakes a lot ofenergy. You've got to think about situations where kids are going to beraised by people other than their parents or their natural parents by becoming wards of the state. Their parents have drug problems, or the parents are separated...it doesn't work. And, all through this presidential campaign, we kept hearing about villages and families raising children...well, that's what raises children. Regardless of anything else, you look at communities throughout our world, children need a sense ofcontinuity in theirlives, they need a sense ofbalance. If families are breaking up, they're not going to get that. Kids can't be raised on the streets, they get the wrong messages that way. Then the court has to spend time fixing those problems. How do you separate work from your family? I learned a long time ago after developing a peptic ulcer that working for Legal Aid in New York City, that I leave my job at night at the office. My wife is very good at helping me do that. And, you just have to learn to separate yourself. No doubt there are going to be days when I leave here and I agonize over a decision I've made or I'm going to have to make...and that just comes with the territory. I just choose to do it. I know I'm going to get around that by knowing I'm going to get here early enough in the morning to get my head on right, and I'm going to stay late enough ifI need to to get my head on right. So that I can honestly say to myselfwhen I leave at the end of the day, I completed everything I set outto do that day. That which I left undone, I would get in early enough to starttomorrow before I have to start serving. Onthe rare occasions when I have to take the workhome with me, I justdoit. I stay here until I complete what I've started, and it's helped me to separate work from home. And, sometimes I stop at the gym on the way home, and that helps too. Who was your favorite boss? Every boss I've had is my favorite boss. I was very lucky, I've never had one bad boss in all thejobs I had. There may have been one or two that I disagreed with how they did things, but I always had great relationships with them and they always treated me very well. That may have been one ofthe reasons why I have beenable to go in the directions that I have. What sort ofadvice to you have to students looking for jobs? I learned law from my willingness to leave New York City and come to Buffalo, that-and I tell this to a lot of law students-don't be afraid to look for a job somewhere else. Don't lock yourself into having to have a job in Buffalo or Manhattan or Washington, DC.. .Be flexible enough to be willing to go somewhere else...Obviously, if you think you want to end up in New York State, take the New York Bar, but cast your net for job opportunities in other places...lf you like cold weather, go to those places; If you like warm weather, go to those places. I would never have dreamed that I would be working in Buffalo when I was in law school. Simply because I absolutely hated Buffalo when I got out oflaw school because I had a New York state of mind. Buffalo was a boring, backward, blue collar town, so I left. Us New Yorkers, you know we're so prejudiced, thinking that New York City is the center ofthe world...A lot ofpeople think New York City is the armpit of theworld. But, when you start to look at the world from a different perspective and you start to think about the quality oflife and longevity...there are many places you can go and be a big fish in a smallpond and have a lot more opportunity than you would in other places. I would get lost in the shuffle, I think, in New York or Washington. Because Buffalo is a small enough legal community, it has provided me the opportunity to get to know a lot ofpeople. It's a great place to practice law. What do we really want out oflife? We want a job that we like,and to be close to our familes. We want to maybe raise our own families and we want to have friends so we have someone to be with so that when we're not with our families we have something to do. We want familiar surroundings. So, I tell young grads...don'tbe afraid to move around. You can always come back home. It's a big world out there. FRIEND WHO ABUSES HIS WIFE. but not nearly as hard AS BEING HIS WIFE. 11 �ADVERTISEMENT December 6, 1996 I I Did you know that... more than I I I BUFFALO LAW GRADUATES I 12 I I I I I I 1 I I THE OPINION BAR/BRI to prepare them for the February & July 1996 New York Bar Exams Speak to Buffalo Law alumni and find out why the overwhelming majority of students choose BAR/BRI for their bar exam preparation. Buffalo Law's #1 Choice for Bar Review bwdbri BAR REVIEW Trust the POWER OF EXPERIENCE™ to Work for You I I I I I I I I I I � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Opinion, 1996-12-06 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. The Opinion no. 6 06.12.1996 Date Issued Date of formal issuance (e.g., publication) of the resource. 12/6/1996 Bibliographic Citation A bibliographic reference for the resource. Recommended practice is to include sufficient bibliographic detail to identify the resource as unambiguously as possible. 37 6 Publisher An entity responsible for making the resource available University of Buffalo State University of New York at Buffalo Law School Language A language of the resource eng Type The nature or genre of the resource Newspapers Text Is Part Of A related resource in which the described resource is physically or logically included. LIB-LAW003 Rights Information about rights held in and over the resource <a href="https://rightsstatements.org/page/CNE/1.0/">COPYRIGHT NOT EVALUATED</a>. The copyright and related rights status of this Item has not been evaluated. Please refer to the organization that has made the Item available for more information. You are free to use this Item in any way that is permitted by the copyright and related rights legislation that applies to your use. This digital collection is made available for research and educational purposes. Researchers are responsible for determining copyright status, and securing permissions for use and publication of any material. Copyright for items in this collection may be held by the creators, their heirs, or assigns. Researchers are required to obtain written permission from copyright holders and the University Archives prior to reproducing or publishing materials, including images and quotations. For inquiries about reproduction requests and permissions, please contact the <a href="http://library.buffalo.edu/archives/">University Archives</a>. If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/00870ec5ca72b038280b82d7c3754af8.pdf 2fd3fcfa9d4f34a98876b574aab43911 PDF Text Text —————————^-^^^—^^^^— NEWS OP\ED Amy Fisher's Folly, see page 5. Democrats take Buffalo See page 2. J FEATURES I Wine, Women and Song...> $<?<? page 8. Bringing the issues In the students since 1949 THE OPINION Volume 37, No. 5 STATE UNIVERSITY OF NEW YORK AT BUFFALO SCHOOL OF LAW November 13,1996 Externships to debut this spring The Jaeckle byKristin Greeley, News Editor This spring, UB Law will be offera ing new course entitled, "Externship in the Public Service." The course is the brainchild ofDean R. Nils Olsen, and will be taught by him. Dean Olsen said he has wanted to offer this course for a while, and began developing it over the summer along with Wendy Irvine. The course grew out ofthe Judicial Clerkship course which Dean Olsen coordinates. For the course, students will work approximately 15 hours per week at one of various agencies in Erie, Niagara, and Monroe counties to earn three credits. All of the placements have been previously secured, so students do not need to go hunting for an agency withwhich to work. In addition, students will attend individualand group meetings withDean Olsen and Wendy Irvine. They must also keep a journal which will be submitted to Dean Olsen. Final evaluations will be done by both the student and the external instructor. The course will be graded on a satisfactory/unsatisfactory basis. Placements include agencies such as the U.S. District Court for the Western District of New York, New York State Courts, government agencies such as the New York State Attorney General, state legislators' offices, and legal service providers. Dean Olsen saidthat the Externship Course, although similar to a practicum, remains very different. The Externship Course is more structured than a practicum. Also, students do not need to find their own placement. Dean Olsen also said that now is a good time to set up this course, since many ofthe agencies where students will be placed have suffered recent significant cuts inresources. Also, studentsare interested in getting experience in the legal profession while still in school. The program helps the law school to become involved in public service. The purpose of the couse, says Dean Olsen, is to give every student who wants it an opportunity to have an externship. See Externship, page 5 Pro-Life group sues for more than just freedom of speech by Kirn Fanniff, News Writer Freedom of speech, equal protection and due process claims are at the heart ofthe UB Students for Life's lawsuit filed against the University. The long expected suit centers around two incidents: the Spectrum's publication last October of an opinion piece by Michelle Goldberg and the administration's refusal last spring to allow the return to campus of a pro-life cross display. The lawsuit specifically names President William Greiner, Vice President for Student Affairs Robert Palmer, Associate Vice President for Student Affairs Donna Rice, andDirector ofStudent Life Barbara Ricotta as individuals and in their official capacities. Laurence Behr, the legal representative for UB Students for Life, stated, "The persons who were named in their individual and official capacities were named that way because people who violate others' individual rights are individually responsible." A major portion of the suit claims the defendants are responsible for the actions of the Spectrum. The pro-life students believe Goldberg's editorial violated the university's Anti-Bias Policy because it was an act of intolerance. According to the suit, theAnti-Bias Policy defines an act of intolerance as "motivated by hatred of the beliefs of the victim." ... The Students for Life believe the passage, "If you see one ofthem showing their disgusting videos or playing with toyfetuses, do your part and spit at them. Kick them in the head. Givethem the name of your therapist," referred directly to their organization andserved to increase animosity toward the group and their opinions. The suit states that the failure of the defendants to take actionresulted in "mental anguish and emotional stress" for the plaintiffs. However, Dennis R. Black, the University's Dean of Students and Associate Vice President countered that Students for Life were given an opportunity to file charges against the two students involved in the newspaper ar- ticle. "The students were charged with violating studentrules andregulations," he said. "However, prior to a formal student-wide judiciary hearing, the parties voluntarily agreed to a settlement offer, resolving the disciplinary case." University Students for Life dropped its case in return for the Spectrum agreeing to publish a one-page, single spaced letter. In the second part of their lawsuit, pro-life students say they were denied the opportunity to hold a conference and erect an antiabortion memorial of 4,400 white crosses. "The Cemetery of the Innocents" was first erected last October, and was the subject of demonstrations before being vandalized and torn down. The suit claims the $4,800 bond the group needed to post for the events was not required of other groups. "Under a previously established 'majorstudents' events' policy, UB projected campus costs ofseveral thousand dollars for the proposed week long display and conference," Black said. The University required the bond because the students could not show financial resources. The $4,800 bond would have cost $500. The claim further states Students for Life were unable to raise money in part because they do not receive funding from the University due to churchSee O lilt, page 5 challenge by Kristin Greeley, News Editor The topic ofthis year's 21st Annual Alumni convocation was: "The Challenge of Change: Keeping Current and Competitive." The convocation, followed by theAnnual Edwin F. jaeckleAward Lun* cheon. was held Saturday, November 2, in the Center for the Aits. The convocation program began withan address from Dean Barry Boyer. Boyer declared the topic of keeping current and competitive one "very near: and dear to our hearts," since U.B. Law strives to remain in step with changes in the legal profession. The first speaker in the convocation program was Jeffrey Freedman, Esq., of Jeffrey Freedman Attorneys, who spoke about marketing and practice developments. Freedman said four things are necessary for successful marketing: defining your audience, planning and executing a marketing strategy, measuring your results and improving your image with other professionals. Freedman said that while advertising and marketing are effective, both are expensive, andrequire patience: "Change iswhat you're left with after you pay your advertising bill," he cautioned. There are also ethicalconsiderations. Although 60% of law firms were marketing in some form by 1993, many lawyers: think they might be compromising their reputation by advertising. "These issues will be around for a while," said Freed' man*"but we are closer to having guidelines." "Ultimately, the responsibility for good lawyer marketing lies with all of us," said Freedman, Maryann Sacomando Freedman, See Awards, pageS Phot by Sami Manirth 3L David Pfalzgraf sits at the Kids-4-Voting table. �2 THE OPINION Terry McNamara November 13, 1996 BUFFALO CHIPS Columnist County Democrats celebrate victories The faithful of theDemocratic Party gathered in the atrium of the Ellicott Square Building Tuesday night to celebrate their wins in both the close and not-so-closeraces ofthis year's political season. Volunteers were genuinely excited when they learned that their long hours of hard work had finally paid off. They also offered words of encouragement for the not-so-lucky. The big story ofthe night was Frank Clark's (D,C,I) victory over Assistant State Attorney General Russell Buscaglia (R,F) for Erie County District Attorney. Surrounded by every candidate in the room and withthe crowd howling, Clark thanked and acknowledgedretiring DA. and State Supreme Court Judge-elect Kevin Dillon as his teacher at the podium. Clark also commented that "...as this race got closer to the end, I would close my eyes and say to myself 'honesty, integrity and character wouldcarry the day.' And you know what? It did." Analysts across the area hadcommented that both candidates were highly qualified forthe position, leaving the county' s voters in a win-win situation. The only criticism of the race centered around a series of negative television ads waged byBuscaglia's team misrepresenting the DA. 's office's handling of the Robert Delano (Parks Commissioner under ex-Buffalo Mayor James Griffin) and the Sly Green (alleged drug ring kingpin accused of ordering murders from his prison cell) cases. Kevin Dillon broke a tradition of nonpolitical decorum by judges and judicial candidates in personally refuting the allegations of mishandling in themedia. This year'sDA. race was the most expensive ever, with estimates over $500,000 for total spending by both candidates. Buscaglia's campaign raised questions over thelarge amount of donations by assistant DA's currently working in the office, given background of Republican State Attorney General Dennis Vacco's firing of many of the office's prosecutors shortly after taking office two years ago. Most of these prosecutors were hired under Democratic tenure. In another legal victory for the Democrats, City Court Judge GeneFahey (D,L) unseated Batavia's State Supreme Court Judge Glenn Morton (R,C,RTL) in his reelection bid this year. Fahey beat incumbent Morton by over 85,000 votes across eight Western New York counties, gaining most ofhis support in the urban Erie and Niagara Counties, while losing ground in Morton's home Genesee and the other rural counties. The exception was rural Chautauqua County, withFahey edging out Morton by 600 votes. In stump speeches to entirely Democratic audiences this season, Fahey had praised Morton's intellect and judi- rial abilities, drawing the distinctionbetween their backgrounds, Morton's be- ing primarily rural and Fahey's urban. Fahey's career, before moving to the City Court Bench had involved serving as Majority Leader of the Buffalo City Common Council, and also running an unsuccessful bidfor the Mayor's office. Kevin Dillon(D,R,C,L) moved unopposed from his position as Erie County DA. to the New York State Supreme Court, polling just under 500,000 votes across Western New York. From the very beginning ofthe campaign season, his victory was never in doubt, since he was supported by all four major parties in the state. While speaking to the Frontier Democrats, one of the area's local public service clubs, this season, Dillon commented on his perception of the District Attorney's role in society. He related a story about his response to people who asked him if he enjoyed his job as DA. His response was that no one should ever enjoy such a job, because itpoints out thefailure of a society to provide properly for its citizens' welfare. He said he believed that to take pleasure in the job would be ill-spirited. Rather, the jobis afunction that is necessary in the society, but not one to be relished. In the Erie County Legislature, one race ofinterest was a special election for the Tonawanda - North Buffalo seat. Democrat Lynn Marinelli defeatedRe- Hey John, signed up for another bar review course my first year of law school and put $75.00 down. Now it's time for the New York Bar Exam and my friend told me I HAVE TO TAKE PIEPER TO PREPARE FOR THE EXAM! ! ! "Is,- it too late to switch? I At Pieper it is never too late to switch! Pieper will gladly credit up to $300.00 placed on another course and all you have to do is show us proof of payment!!! PEEPER NEW YORK-MUETISTATE MR REVIEW 1-800635-6569 publican Brian O'Bannon by a 55/45 margin for a one-year term until next year's general election for the entire Legislature. Marinelli fought a long battle, first having to unseat James DeMarco inSeptember's primary, draining much ofher finances for the general election. DeMarco had been appointed to the seat when longtime Legislator Len Lenihan retired, possibly in retaliation against Marinelli for supporting County Executive Dennis Gorski in last year's primary. During theprimary, both Marinelli and DeMarco campaigned as working in thetradition ofLenihan, an extremely popular man who became the county's personnel commissioner when he retired. In the general election, Lenihan openly endorsed Marinelli for his old seat. Her experience before this office has included working for West SideGrand Island Assemblyman Sam Hoyt, and Len Lenihan himself. She was on unpaid leave as Executive Director of the County's Commission on the Status ofWomen during this year's campaign. In Amherst, Town Clerk Susan Grelick became the first woman and only the fourth Democrat ever to win the Town Supervisor office. She defeated Republican County Legislator William Pauly by just over 5,000 votes, See ChipS, page 5 �NEWS BRIEFS November 13, 1996 THE OPINION 3 BRIEFS... In and Out of the University Local News Across the U.S. WISCONSIN HAS WINNERS WITH "666" Oddly enough, the Wisconsin Daily Pick 3 Lottery number on Halloween was "666." According to a passage in the Book of Revelations, the number 666 is used as a cryptogram for a beast that is often associated with the devil. "This is frightening to say the least. This is the devil's night out, and we want to be politically correct here in Wisconsin," said Mark Bugher, Wisconsin State Revenue Secretary. The odds ofwinning the lottery were one in one thousand. Winners receive $250 or $500, depending on how much they bet. The lottery paid out about $178,000 to 436 winners that night, about 4 1/2 times the daily average. WOMAN GUILTY OFDRIVING TEEN TO ABORTION Last week, a jury in Latrobe, Pennsylvania, found 39-year-old Rosa Hartford guilty of interfering with the custody of a minor because she drove a 13 year-old-girlacross state lines in order to receive an abortion without her parents' consent. The conviction could get Hartford 7 years imprisonment. The teen was impregnated by Hartford's stepson. She drove the girl to a clinic in Binghamton, New York, for the abortion. Pennsylvania law requires a 24-hour mandatory waiting period before an abortion and that women under 18 have a parent's consent. New York has no such restrictions. The prosecutor in the case said that it was not about therights of women, but rather about the rights of parents. "We never considered this case to be a challenge to abortion rights. We considered it to be about the rights of a parent," he said. HILL RESIGNS Anita Hill, whose allegations of sexual harassment dominated the U.S. Supreme Court confirmation hearings of Justice Clarence Thomas, resigned last Wednesday from her position at the University of Oklahoma Law School. The reason she gave for her resignation was that she wants to work in an "uncompromising" academic environment. The resignation was accepted unanimously by the University Board of Regents and takes effect at theend of the fall semester. Regents Chairman G.T. Blankenship speculated that Hill has plans for research and a book tour. Hill was unavailable for comment. PEPPER SPRA V NOW LEGAL On November 1, New York became the last state to make pepper spray available to its citizens as a personal defense mechanism. The new law makes it legal for anyone over 18 without a felony conviction to carry pepper spray. When purchasing the spray, buyers must produce proof of age and sign a statement indicating that they have had no felony convictions. A limit of two, 3/4-ounce cans of the spray may be bought at one time. The can's appearance may not be altered. If the spray is usedfor anything other than self-defense or if the buyer provides inaccurate information about his or her felony status or age, they will face misdemeanor charges. The spray costs about $8-$ 12 per personal size can. GMA T CHEA TING RING BUSTED Po Chieng Ma of El Monte, California was charged with two counts ofmail andwire fraud. His company, The American Test Center, charged west coast students up to $6,000 for pencils specially encoded with the test answers for the Graduate Management Aptitude Test. Test takers from the East Coast would take advantage of the three hour time difference to call in the answers to California for waiting test-takers there. The ring was busted by U.S. Attorney, Mark Godsey and an undercover cover postal inspector posing as a student taking the GMAT. No decisions have been made on how to deal with students currently in business school who cheated on the GMAT. JUDGE APPOINTED TO STREAMLINE MATRIMONIAL LITIGATION Chief Judge JudithKaye and Chief Administrative Judge JonathanLippman recently announced the appointment of Justice Jacqueline Silbermann as the first administativejudge for matrimonial matters. Justice Silbermann assumed her new duties on November 4. She was appointed to the position after Kay and Lippman consulted with the Presiding Justices ofthe Appellate Division. Justice Silbermann's duties willincludefocusing and coordinating the court system's efforts to manage matrimonial litigation in New York State. She will focus on streamlining the process of matrimonial litigation through the use of alternative methods of dispute resolution, and the active and early participation by judges in the cases. Justice Silbermann has been the administrative judge of the Civil Court ofthe City ofNew York since 1989, and is currently chair of the Committee to Track the New Matrimonial Rules. Justice Kaye said of the appointment: "Matrimonial litigation is a critical and often traumatic moment in the lives offamilies and children. STANFORD STUDENTS AGAINST U.S. NEWS AND WORLD REPORT RANKINGS A new student group at Stanford University, the "Forget U.S. News Coalition," wants the magazine£/.S. News& World Report to stop its annual ranking of U.S. colleges and universities. Nick Thompson, founder ofthe organization, wants the University to stop providing information to the magazine. The group addresses the concern of many in higher education: that the rankings are arbitrary and have more influence than they deserve. The group contends that Stanford has made many changes in order to increase its ranking by the magazine. Stanford administration denies these allegations. The students have solicited help from students at about twenty schools around the country, includingl/.S. News' top five: Harvard Yale,Princeton, Duke, and the Massachusetts Institute ofTechnology. Stanford was ranked sixth. "If all these top schools refuse to send their data, that will discredit U.S. News & WorldReport, " Thompson said. NIAGARA FALLS MAN CHARGED UNDER MEGAN'S LAW James R. Garbutt, 44, of Niagara Falls, was charged last week with failure to register with the Niagara Falls Police Department and two counts offailure to report an address change since he was released from Groveland Correctional Facility on July 7. Under "Megan's Law," sex offenders who are on parole or probation are required toregister withlocal law enforcement agencies and must tellpolice when they change addresses. GaTbuttwas convicted in 1992 of first degree sexual abuse for having sexual contact with a girl less than eleven years old. "Megan'sLaw" is named after 7-year old Megan Kanka ofNew Jersey, who was raped andkilled in July 1994 by a neighbor. The neighbor was a two-time sex offender who had moved in across the street from Kanka's family with two other sex offenders he had met in prison. Garbutt pleaded innocent to the two misdemeanors and felony charge. "I believe these are the first Megan's Law violations we've had here," Police Detective Alan Brooks said. UB News CASH FOR LA W STUDENTS UB Law School graduate Ross Cellino (Class of 1956) and his wife Jeanette, of West Seneca, have made a donation to the Law School through a $116,000 charitable remainder trust. The funds will be used to establish theRoss and Jeanette Cellino Scholarship fund. The scholarship will be donated anually to academically qualified, firstyear law students who demonstrate significant financial need. Residents of Chatauqua and taraugus counties will be given prefer:e. The scholarship will be renewable :r a three year term, as long as the ipient retains good academic standing. t WOODY WOODPECKER TO ACT AS AN INTERNET GUIDE Matsushita Electric is promoting a new Japanese PC targeted at the Internet. Panasonic has developed a complete Japanese web browser, and to make the sys- tem "user-friendly", licensed the cartoon character "Woody Woodpecker" as the "Internet guide." Panasonic eventually planned a world version of the product. A huge marketing campaign was to have introduced the product in Japan last week. The day before the ads were to be released, Panasonic suddenly pulled back and delayed the product indefinitely. The reason: the ads featured the slogan "Touch Woody-The Internet Pecker." An American staff member at the internal product launch explained to the stunned and embarrased Japanese what "touch woody" and "pecker" meant in American The preceding briefs was gathered from informationfrom Spectrum, Buffalo News, Buffalo Law Journal, Newsweek, and the Chronicle of Higher Education. Fisher fenangling folly by Sarah Braen, News Writer Amy Fisher, who was serving her sentence for shooting her former lover's wife, Mary Jo Buttafuoco, appeared last month for a hearing in front of Judge Arcara in theUnited States District Court for the Western District of New York. She wasrequesting to be moved from her current prison location to another. Ms. Fisher claims that she had been [sexually harassed while in her current I facility. Some of her proof included i underwear stained with semen she alleges came from a guard who forced her to have sex with him. She also claimed that she was given a sexually explicit nickname and was sought out for harassment. An inmate friend of Ms. Fisher also I testified at the hearing, but showed another side of the story. She told of how prisoners have much more freedom than they ate supposedly allowed, even the freedom to have sexual relations. She also said that this freedom was what allowed Ms. Fisher to develop her "plan." This "plan" was to create enough "evidence" of her harassment that she would be moved to another facility where there We even ft rules and she had a chance of "getting out early." The best way to get this evidence was to have sexual relations with guards and claim rape, as she was supposedly "under their control." Some observers were shocked at the fact that inmates could even have sex while in prison. "I thought that inmates were watched at all times, when would this kind of thing happen?" was the main questionfrom one ofthe younger observers. Others were surprised that the interactions of inmates and guards were not well monitored. Some people were not sure whether to believe Fisher's allegations. However, since there was very little question that many ofthe incidents raised in the hearing did occur, the question that was left to decide was not only "should we move this prisoner," but "should we take a deeper look inside our prisons?" J �EDITORIAL THE OPINION 4 OPINION Volume 37, No. 5 Founded 1949 @fe November 13> 1996 Jessica V. Murphy Julie E. Meyer Editor-in-Chief Managing Editor STAFF Business Manager: News Editor: Features Editor: Photography Editor: Art Director: Layout Editor Scott Bylewski Kristin Greeley Jill Ann Baer Sami Manirath David Leone Rochelle Jackson Assistant News Editor: SA. Cole Senior Editors: Samuel S. Chi, Steven Bachmann Dietz, Len Opanashuk The Opinionis a non-profit, independent, student-owned andrun publication funded by advertising fees. The Opinion, SUNY at Buffalo Amherst Campus, 7 John Lord O'Brian Hall, Buffalo, New York 14260 (716) 645-2147. The Opinion is published bi-monthly throughout the Fall and Spring semesters. It is the student newspaper of theState University ofNew Yorkat Buffalo School ofLaw. Copyright 1996 by The Opinion, SBA Any reproduction ofmaterials herein is strictlyprohibited withoutthe express consent ofthe Editor-in-Chiefand piece writer. Submission deadlines for letters to the editor and Perspectives are 5 p.m. on the Wednesday preceding publication. Advertising deadlines are 6 p.m. on the Friday preceding publication. Submissions may eitherbe mailed \oThe Opinion, dropped offunderThe Opinionoffice door(7 O'Brian Hall), orplaced in Box #755. All copy must be typed, single-spaced, andsubmitted on paper and ona computer disk (IBM-WordPerfect 5.1). Letters are best whenwritten as a part of a dialogue and must be no more thanone page. Perspectives are generally opinion articles concerning topics ofinterest to the lawschool community and mustbe no more than two pages single spaced. We reserve the right to edit anyand all submissions as necessary. The Opinionwill not publish unsigned submissions. We will return your disksto your campus mailbox or to a private mailbox ifa self-addressed stamped envelope is provided. The Opinion is dedicated to provide a forum for the free exchange of ideas, therefore not all the views expressed in this newspaper are necessarily those of the Editors or Staff of The Opinion. EDITORIAL: Clinton, the wonder years On Friday, November 8,1994, B.C. (as opposed to BD), our stalwart leader came forth to let the American people know what he has in mindfor our country, places that aren't our country, and those few people in Indonesia who can afford to buy him off. Look through the press conference transcript in the Times if you don't believe this, but it'sthe darn-tootin' truth: he has nothing in mind for anyone. Yes, folks. This is a presidency about nothing. Maybe Clinton should have tapped Jerry Seinfeldfor new Chiefof-Staff instead of Erskine Bowles. Granted: After months of the frenetic sucking-up we call campaigning these days, Clinton has a right to put his brain on ice and watch a few hours of Must See TV. However, thelast thing you should do when your brain is ready for a few laffs with the "Friends" is hold a press conference. Like Bill, you end up coming off as a weird hybrid of Chandler and Phoebe. If it seems like there's a disproportionate amount of sit-com referencing in the last few paragraphs, think about what all of us were doing instead of watching the debates. Clinton kicked off this wing-ding with the media by thanking the American people "for the honor they have bestowed upon me and the responsibility they have once again placed in my hands." Personally, we would have been impressed if he added, "And sod on all you louts who made it a hollow victory by not bothering to vote at all." However, this sort of forceful chastisement would obviously be at odds with his vacuous agenda. Moving on...observe this deft ma- neuver ofactive inactivity. "I am inviting the bi-partisan leadership of Congress to meet with me next week, here at the White House, to discuss how we can develop a plan together to pass a balanced budget and to keep our economy going." All those verbs, but what does it amount to? A bunch of guys are going to drink coffee and talk about when and how they're going to talk about developing a plan to finally get something done. This seems a bit abstract. Envision: Newt: (Sip) So, Mr. President, when do you think we can get together to draft a plan on how we're going to draft a plan to plan to balance the budget? Bill: Whoa, slow down, you're making me dizzy (Sip). Give one sixth grader a calculator and absolute power, and we'd probably have the budget balanced in the amount of time it takes a kid toreach the threshold of Nintendo withdrawal. Granted, he'dslash education, but that'll probably happen anyway. Speaking of slashing, there was the little issue of campaign reform, which Clinton can now embrace withoutthefear ofhaving to adhere to hisreforms. Stating that he is fully behind the McCainFeingold bill, Clinton challenged the Republicans to assume a similar stance. However, he also noted that the Supreme Court probably would squash any federal limits on campaign spending. Using the word bi-partisan like an adolescent who has discovered a new curse word, Clinton evoked a feel-good image ofRepublican-Democrat miscegenation at every turn. Every issue was depicted with a "come one guys, why can't we all just get along?" plaintivity that makes one fantasize about walking into a Dem-Rep gang war to thwart Clinton's vision of Disney politics. Social Security, Medicare, education... everything became dependent on the heartwarming solidarity oftraditional enemies. More smoke and mirrors. More nothing. So it's all boring. We need more presidents like Nixon. November 13, 1996 LETTERS TO THE EDITOR Defending the honor of NYC To the Editor: Hey, I am just as swamped with work as anyone else at school, but when it comes to responding to comments such as the one Iread in GregMattacola' s "Follies and Fumbles" column (October 30, 1996), I feel it's worth my time to speak up. I am specifically referring to Mr. Mattacola'sremark regarding the"cockroaches of [the Yankees'] crack ridden, pollution infested home". Is he referring to Yankee Stadium itself, the immediate vicinity, or the Bronx as a whole? Regardless of the answer, from someone who grew upand stillmaintains a "home" and family literally 8 blocks east of the Stadium, I fail to take such an observation lightly. I also don't understand the purpose behind the description, but it is apparent that Mr. Mattacola's license for free speech is getting a bit too close for comfort. It is comments like this one that encourages people who are not from the New York City area to quickly judge us proud New Yawkers as something that we are not. It's hard enough for law students from downstate to get acclimated to the slower-pacedBuffalo area. The challenge is made even more exacting when we have to thwart the preconceived notions already placed on us when we say we're from the South Bronx, Harlem or any other stigmatized NYC neighborhood. I am not denying the fact that cockroaches and crack exist in the Bronx, but I am saying that, phrased in a way as Mr. Mattacola tastelessly did, his comment is easily construed to the closeminded as saying that we are dirty junkies, for example. Two questions for you Greg: Have you even bothered to meet and chat at length with someone from this nook of the hood? There are quite a few of us right here at UB Law, and doing very well I might add, breaking stereotypes as we go. And my next question: WHEN did YOU actually SEE crack so strewn about down by the Stadium as to qualify the validity in your comment? In my 27 years there, I have yet to see such a jamboree going on. Crack-ridden? I think not. When you decideto live in the South Bronx for a while and live the stories that you hear, then we'll talk. Now, as Mattacola says,"... unfortunately, [t]he Yankees have refused to die or go away..." OK, he'sentitled to - his choice of teams too bad his choice is based on the negative personal traits of the players, as he so succinctly depicted in the article, and not the athletic prowess thatis displayed, or 1ack thereof. I feel loyalty to one's home teams is largely inherent, but to choose to dislike a baseball team based upon the mediaglamorized focus on its dysfunctional players is at best pathetic. That takes away from the fun of watching baseball, but no matter what their private lives are about, ifthey play well, I'll be proud to wear the cap. The Yanks and the Home that Ruth Built have gainednotoriety that go beyond the internal strife that apparently has not stifled them. Fortunately, comments like Mattacola's won't kill their perseverance, but unfortunately add another brick to the wall that their neighbors must repeatedly tear down, no matter where we go. I suppose I can sum up my point here like this: native New Yorkers can easily make a hasty Buffalo Bills comment coupled with stereotypical uninformed Western New York critique, and justly get condemned. But those of us who may have such an opinion elect not to express it, perhaps because werevere your local pride, and perhaps because we have more constructive things to do with our time. Hector Francisco Chavez, 3L Editor's Note: Sarcasm is a litertool that Mr. Mattacola liberally ary and anyone reading his column uses, should keep that in mind. Anyone who wishes to write a column, like the one written by Mr. Mattacola, for the Opinion is encouraged and welcomed to do so. Our next deadline is November 20th at 5 pm in Box 539. Tell us your opinion! If you have an opinion on anything published «n ournewspaper or on any current events topic that concerns the law school community, write to The Opinion Letters to the editor are best when written as a part of a dialogue and must not be longer than two pages double-spaced. Perspectives are generally opinion articles concerning topics of interest to the law school community and must not be longer than four pages double-spaced. All submissions are due the Wednoday before we publish in box 755. Your submission must be typed, single-spaced, and submitted on paper and on a computer disk (IBM-WordPorfect $.\ format). Bff QpMftn, reserves Hie right to cdh any and all submissions as necessary; we will not publish any unsigned submission-. Send your submissions to The Opinioo office or place them in box 755. �NEWS November 13, 1996 Awards, cont'd from page 1 Esq., spoke next, addressing atrendamong lawyers for changing employers and areas of specialization. Among her observations, Sacomando Freedman noted that many lawyers are changing from private to public practice to increase their job security. Others do not feel theyfit in with the "firm psyche," or find their position too stressful. Sacomando Freedman said the most important aspect of making a legal career change is knowing and being known by your legal community, since most changes are made through oral communication. In order to change theirpractice area, Sacomando Freedman says lawyers must learn as much as they can about that area, through otherlawyers and ContinuingLegal Education Programs. Since there are over a million lawyers in the U.S., a new practice area must be chosen carefully. Certain areas, such as elder law and environmental law, are currently "hot" areas that lawyers may expand into successfully. Dan Kohane, Esq., then spoke about Computer Technology. Many courts are moving towards electronic communica-. tion and filing of documents, and Kohane stressed that comprehending this use remains vital to lawyers. Internet access is also a necessity; many state Supreme Courts, 37 state codes, and all federal Circuit Courtrecords, among otherthings, can befound ontheInternet for about $ 15-$2O per month. Advising firms to "do it now...start looking into the future," Kohane saidthat firms must inventory and update their technology, training all attorneys on their use. Future updates and access should be part of a firm's budget line. The fourth speaker was Joel A. Rose, of Joel A. Rose and Associates, a Law Office Management Consulting firm. Rose said that in the past, law firms were sucessful despite their lack of management. This was true untilthe late 1980s. Since then, many disturbing trends have surfaced such as maintaining clients, cash flow problems, and retaining associates. Rose said, "like trees, law firms begin to die from the top down." The problem lies with the lack of a management team, the reluctance of managers to do their jobs, or attorneys unwilling to hold W f i I I We want to hear what you have to say...Tell us what you think... Send a letter to the Editor. We're located in Rm 7 O'Brian Hall. con't from page 1 j J MSaanirmthi concept." Next, Hon. Joseph J. Traficanti, the Deputy Chief Administrative Judge for courts outsideNew York City, spokeabout government regulation of lawyers and lawyering. His main point was that while the profession has become a business, lawyers should think of lawyering as a public service. Traficanti was also concerned about the tarnished image of the profession and the lack ofcivility among lawyers. The final speaker ofthe morning was Paul Ivan Birzon, Esq. Birzon gave a systemic view of the changes in the profession. In an analogy to biology, Birzon said, "the survival of every living organism depends on its ability to adapt," and that similarly, "the profession must adapt and find new ways ofresolving conflicts." He suggested mediation and other alternative dispute resolution methods which would free up the court dockets and resolve conflicts more quickly. The AwardLuncheon Ceremony began with Temarks by Phillip Brothman, Esq., President of the Law Alumni Association, and Dean Barry Boyer. After lunch, Hon. M. Delores Denman gave her remarks about working with Justice Green. The award was then presented to Justice Green by University President WilliamR. Greiner. In his acceptance speech, Justice Green said, "I really don'tknow what I've done to deserve this." He made a point of recognizing the people who have helped him during his lifetime. To ensure that this happens, there are about 70-80 placements available this spring. The course will also be offered over the summer and in the fall. First year students are eligible to participate in the summer after their first year. Students received a listing of the agencies and the registration packets in their mailboxes on Monday, November 11. The applications must be returned by November 25. Students can stale their preference for an agency and geographical location. Then, they will receive a placement, and will have the opportunity to reject it. Participation in the Externship course will not affect current second and third year students' eligibilty for practicum credits. Beginning with the class of 1999, however, students may take either the externship course or do a practicum, not both. Dean Olsen says that ultimately, the school will have one or the other. "The course is something new that hopefully, the students will find useful," Dean Olsen said. 5 All Work and No Sleep? each other accountable for irresponsible conduct. Rose said that management decisions are often difficult to make, since they address issues such as accountability, income, status, and the orderly succession to power withinthefirm. In general,every firm, no matter how small, needs management, according to Rose, and "management should not be a dirty word or a dirty Externship, 1 I 1 THE OPINION by Phot Tired ofstudying or too tiredto study? Exhausted student naps in theLaw Library Have a safe, Happy and filling Thanksgiving Holiday. Suit con't from page I stateseparation. Yetassociations of Jewish. Muslim, and Hindu studentsreceive funding. Black explained that government and student organizations at UB are funded by a student activity fee. Funds are managed by students under broad guidelines He continued, "therefore, student organizations' management and financial decisions are made by students, not the University." In addition to seeking funding and equal protection for pro-life students, the lawsuit also seeks attorney's fees, punitive and compensatory damages, and the ability to demonstrate and conferences by the plaintiff without posting more than a nominal bond. "People everywhere confuse what they read in the newspapers with news." —A.J.Liebling Chips, cont'd frompage 2 margin with 94 percent of the polls in. Grelick ran a campaign emphasizing the need for rethinking town policies toward expansion in population, government services and infrastructure. Industrial development, traffic congestion and future planning have become major issues for the town as it has grown incessantly over the past decades. or a Vampires suck up to UB Law MSaanirmthi by Phot SBA Parlimentarian and 3L Pete Thompson giving blood. �THE OPINION 6 ADVERTISEMENT/ FEATURES November 13, 1996 QUESTION: IF BAR REVIEW COURSES WERE LAW SCHOOLS, WHICH ONE WOULD YOU GO TO? (HIM: BELOW, SUBSTITUTE THE WORDS "BAR REVIEW COURSE" FOR "LAW SCHOOL") " ' in '••• I, ri A. A NEW YORK lAW SCHOOL WITH A25 YEAR PROVEN TRACK RECORD OF SUCCESS WITH 13 FACULTY MEMBERS WHO HAVE TAUGHT FOR AN AVERAGE OF 15 YEARS FOR THE SAME NEW YORK LAW SCHOOL B. A NEW YORK LAW SCHOOL THAT JUST OPENED IN 1996, HAS NO TRACK RECORD AND HAS ONLY 3 FACULTY MEMBERS WHO TAUGHT IN A The Power Of Experience Protecting your automobile ...With Extra Butter by Kristin Allen and Scott Frycek, Features Writers by Alex Suchomski of Koerner Ford, Special to the Opinion Ere are many automobile protecng offered on today's market, ust protection and exterior paint protection. Rust is applied to all vehicle inner panels and underbody panels. These contain many hidden areas that are vulnerable to rust, since they arc areas that can't be seen on occasional visual inspections. This is due to inner panels having less paint on them, thereby causing them to retain condensation and, thus, being more prone to rust over time. If you choose to use rust protection, there are certain things to look out for. First, find out what materialis being used. Second, ask how experienced the technician is applying the protection. Third, obtain assurance that thejob will be done as is intended- for maximum protection. Exterior Paint Protectionaids in protecting your vehicle from having an early deterioration of paint finish caused by salt on the roads. Professionally applied paint protection finish is fine. It will protect the vehicle from early rust damage, tree sap, bird droppings and expo- HIGH SCHOOL HIGH Hers protection, there are certain questions to ask before doingthejob. First, what is the woeess ofapplication. Second, what are xc type ofcompoundsbeing used (i.e. the wand name). Third, how much experience does the applicator have in using exterior paint protection. Paint protection does not last forever, The process must berepeated antrully. It isrecommended to take advantage f free follow up inspections However, you may be charged upto one hour of labor for the follow up "You Suck!", shouted the old, disgruntledHigh School Highlibrarian. "This Movie Sucks", shouted the wise Opinion movie reviewer. Well, I just don't know where to begin withthis meager attempt at a feature film. While watching this film, I actually wished for a commercial so I could be entertained. Want a plot summary? Well,it is not really necessary due to its extreme predictability, but if it will discourage anyone from seeing it, I will oblige. Mr. Clark, portrayed by Jon Lovitz, is an idealistic high school teacher who chooses to quit his cushy job at a private high school and venture to Barry High, where the students pass through metal detectors to go to class. Needless to say, Mr. Clark transforms the school into a pristine learning institution, encourages the students to go to college, and turns the area strip joint into a Shakespearean the- I Rust proofjgandpaintpro~ *ction are of ttle use to vehicles not washedregularly (at least once a week). The un~ derbody and wheel wells must i be washed until the hose water Also, the seam area of the lower doors must be cleaned. Make sure the ! drain holes ofthe doors back panels are clean. Otherwise, dirt and moisture will Id up, thereby increasing the risk of iditional rusting. Finally,remembering to take care of >ur car the old-fashioned way will ex- { nd the life of your car and save you J | money. In ; ater. As much as I disliked this movie, I will admit that it did make me laugh once or twice. Then again, I am not really sure if it was because of the humor, or the fact that it's mid-semester at law school and I'm justplain tired and silly. Should you see it? NO. Should you rent it? Sure. This way you can shut it off and watchbowling J or Scott's (my co-reviewer) unruly hair grow,which will surely be more entertaining. His Originality- 1. the quality or condition of being original. 2. the ability to be original, inventive, or creative. i got news for ya folks, High School High is neither original, inventive nor creative. I don't know whothe clowns are that produced this farce, but I'll bet they are the same idiots who brought us such "classics" as Naked Gun I-XLV and Air- plane 1-XIX. It's funny what thoughts float around your head when you watch movies. With this film, I kept thinking about all the things I'd rather do than watch it. The underlying premise of High School High involves a starry-eyed teacher's attempt to save some of his inner city students. Saving them from what I'm not sure. Maybe it's from themselves, or then again it could from their crank injecting, gender-bending principal. Whatever the case may be, Mr Clark scores with Tia Carrere, so he must be doing something right. i personally found the movie to be disgustingly replete with racial and gender stereotypes. The whole idea of a white teacher being a hero in the wrong neighborhood is tiredand pathetic. But it seems to me that tired and pathetic are two ideals that the producers strive for in High School High. The only thing I liked about the movie was the physical comedy of Jon Lovitz. All things considered, though, I' d probably have just as much fun pushing Kristin (my co-reviewer) downa flight of stairs in O'Brien. Do us all a favor and drop-out of High School High. His and Hers Rating: 1 gavelwaste of time and money fe �November 13, 1996 FEATURES THE OPINION 7 MOOT PAGE Buffalo Moot Court holds its Charles S. Desmond Memorial Moot Court Competition by Melissa Hancock & Christopher S. Nickson, Special to the Opinion The Buffalo Moot Court Board held its 10thAnnual Charles S.Desmond Moot Court Competition, with preliminary rounds on October 29th, 30th, and 31st, quarter and semi-finalrounds on November 1, and finals held on November 2 in theCeremonialCourtroom at Erie County Hall at 92 Franklin. This year's competitors argued the case of Michael Murphy, Petitioner, versus The United States of America, Respondent. The topic of the Desmond Competition was Pornography on the Internet, raising issues of proper venue for prosecution ofthe crimeand the validity ofregulations of the speech rights of Web site creators. In all, 39 teams competed in this year's competition(78 totalparticipants). The Buffalo Moot Court was honored to have, as the final round panel of justices, five members of the Appellate Division, Fourth Department, including the Honorable M. Delores Denman (Chief Justice of the Fourth Department), the Honorable Leo Fallon, the Honorable John Doerr, the Honorable Reuben Davis and the Honorable David Boehm. The final round competition pitted Steve Laprade and Craig Hurley-Leslie on the Petitioner argument and Brian Eckman and Kathryn Lee on the Respondent argument (off-brief). In the end, the team ofEckman andLee wonthe competition with a unanimous decision of the panel. The Fourth Department expressed its sincere admiration of the preparation of the competitors, the quality of the problem/bench memorandum, and the organization of this year's competition. The Executive Board of the Buffalo Moot Court Board would like to extend its thanks to all the competitors, to this year's Senior Board for all their efforts, to all of the greater than 150 attorneys from the area who judged the preliminary rounds, to the faculty members who judged, Deans Boyer and Carrel, and a special thanks to Barb, Gloria, Marie McLeod, and Terry McCormack. The Competition was a truly impressive reflection of the high caliber of talent at the UB School of Law, both in written acumen and oral advocacy. • • • • \ • Congratulations \ to all Desmond • Moot Court Com- \ petitors for their \ hard work and on • a job well done. \ 1997Desmond Moot Court Board Associate Members 1996 Charles S. Desmond Memorial Moot Court Competition Results Champions: Kathryn Lee and Brian Eckman Finalists: Steve Laprade and Craig Hurley-Leslie Semi'Finalists: Brian Snell and Angela Zwirecki Greg Mattacola and Stephan Clar Quarter-Finalists: Amy DuVall and Rita McKenna James Hanlon and Jessica Desany Class of 1998 Jessica Desany Amy L. DuVall Brian Eckman Ted Eder Darcie Falsioni Kathleen Garvey James Hanlon David Hutt Thomas Kent Patrick X Maker Gregory A. Mattacola Rita M. McKenna Julie Meyer Jennifer Noah Melanie Peterson Jeffrey S. Reese Scott Riordan Jennifer Ruppel Adam Siegfried Brian Snell LourdesM. Ventura Angela A. Zwirecki Class of 1997 Greg Miller and Bill McDonald Adam Siegfried and Ted Eder Best Oralists 1) Darcie Falsioni 2) BUIMcDonald 3) Craig Hurley-Leslie 4) Angela Zwirecki 5) Greg Mattacola Best Brief 1) Steve Laprade and Criag Hurley-Leslie 2) Brian Eckman and Kathryn Lee 3) Adam Siegfried and Ted Eder 4) Julie Meyer and Bonnie Meyers 5) ThomasKent and Scott Riordan CHAMPS! MSaanimrtih Craig Hurley-Leslie Steven Laprade Kathryn Lee Bill McDonald Gregory Miller by Phot Kathryn Lee and Brian Eckman �FEATURES THE OPINION 8 November 13, 1996 W COURT ATCH Campaign contributions as free speech by Steven Bachmann Dietz I thought I'd do something a little different this issue and share an article I read recently in the October 17, 1996, issueNew YorkReview ofBooks. It is one ofthe best critiques I'ye read ofBuckley v. Valeo and its progeny, including last term's Colorado Republican Campaign Committee v. FEC. 116 S.Ct. 2309 (1996)("The Curse ofAmerican Politics" by Ronald Dworkin). Buckley v. Valeo. 424 U.S.I (1976) invalidated on First Amendment grounds restrictions in theElectoral Reform Act on electoral campaign expenditures in Congressional elections. However, it also upheld restrictions on contributions by individuals and organizations to political parties and campaigns in such elections. Dworkin argues that if Buckley is correct in principle, it would be wrong to either circumvent this decision by placing voluntary limits on campaign expenditures or to repeal it by Constitutional Amendment, as has been proposed recently. In his eyes, thereis no substitute to directly confronting the First Amendment issues raised by that decision. Dworkin starts by stating the two major principles he feels are the central premises of the First Amendment. The first is that people as a whole must have final authority over the government, and not vice versa. Thus, government censorship that attempts to restrict the range of political opinionthe public hears andreads is repugnant to theFirst Amendment. The second is that citizens must be able, as individuals, to participate on equal terms in both political and cultural life that creates the moral environment of the community. Thus, when government restricts speech or expression on the basis of its supposed worthlessness or offensiveness, it acts in violation of the First Amendment. Neither ofthese principles are implicated by campaign finance laws, according to Dworkin. Expenditure restrictions neither protects government from criticism or censor on the basis of content. According to Dworkin, Buckley's central innovation was its view that there is an inherent value in the quantity of political speech. He outlines three arguments supporting that view. The first argument is thatany restrictions on campaign expenditures reduces the quantity of speech, and theoretically may prevent a person from hearing a message a potential voter may have deemed pertinent. Another argument advanced in support of Buckley is that the freedom to criticize government and profess unpopular views is best protected by a blanket prohibition on political speech restric- paign expenditures or contributions interferes with the individual's right to decide for herselfwhat issues and messages are pertinent to his decision on how to use her vote. Dworkin's response to these arguments is rejection of the premise upon which they are founded: that the voter's sole role is to serve as arbiter of which candidate is best suited for the office for which s/he is running. To Dworkin, this ignores an equally important role of a voter in a democracy; equality ofparticipation in the political process. When the political debate is monopolized by citizens and organizations who can afford to purchase televisionand radio advertisements, many citizens who may have equally valid views cannot effectively compete for public attention. Campaign finance laws may thus be justified for restoring an essential element of self government to the political process. Dworkin also stresses the importance of civility in political debate, but fails to discuss how that could be regulated by the government without infringing on the First Amendment. Dworkin notes that the prospects of overruling Buckley are not bright. At least four concurring justices (Thomas, Kennedy, Rehnquist and Scalia) in the ColoradoRepublican Campaign Committee case expressed an interest in doing away with all restrictions on campaign contributions, on the grounds that the tions. The most formidable argument in support of Buckley, in Dworkin's eyes, is the view that it is the voters themselves and not the government who must retain control over the quality and range of debate on public issues in a political campaign. In this view, restrictions on cam- The New York State Bar Association The University Union Activities Board The School of Law The State University of New York at Buffalo & The Buffalo Entertainment & Sports Law Society invite you to attend The Fall Symposium on Entertainment & Sports Law in Western New York Monday, November 18,1996 7:oopm The Center for Tomorrow Panelists - Keith Schulefand Entertainment & Sports Lawyer Janet Snyder Radio Personality, WKSE KISS 98.5 FM Ross T. Runfola -Partner, Siegel Kelleher & Kahn, and sports writer Mike Igoe Money Matters reporter WGRZ NBC 2, and attorney Moderator Jean Hill Newscaster, WKBW Channel 7 - - - - Reception at 6:lspm distinctionbetween expenditures and contributions isconstitutionally untenable. On theother hand, only two dissenters (Stevens and Ginsberg) criticized the Buckley ruling. However, it should be pointed out that the plurality opinion in the Colorado Republican Campaign Committee case was a very narrow one. Justice Breyer, with Justices O'Connor and Souter, held that under current law independent, as opposed to coordinated, expenditures by political parties cannot be restricted without infringing on the party's First Amendment rights. The opinion specifically declined Thomas' invitation tore-examine Buckley. "[Overruling Buckley sua sponte] is inconsistent with this court's view that it is ordinarily inappropriate for us to reexamine prior precedent without the benefit of the parties briefing since...[the principles underlying stare decisis] caution against overruling a longstanding precedent on a theory not argued by the parties," Breyer stated. This means that three plurality justices have not made their opinions known on the central premise of Buckley. Perhaps if a proper case is brought before the Court, they may be persuaded that reasonablerestrictions on campaign expenditures and contributions do not infringe on the First Amendment, and indeed, can be a tool in increasing participation in the political process, a central goalofthat Amendment. �FEATURES November 13, 1996 The Vine THE OPINION 9 Star Trekking across the universe,.. Grape Bacchian bliss by C.S.Nickson, Features Columnist At the most basic of levels, we must consider what wine is: the fermented juice of grapes. Simple enough. However, it is thekind of grape and thelocation where the grapes are grown that will have the greatest impact on the taste of the wine. For example, New York State grapesproduce winesvery differentfrom the grapes (and the wine) from California. But the distinctions go to a more subtle level. Using New York as an example, the wines of the North Fork of Long Island are very different from the wines of the Finger Lakes. Further still, the wines of Cayuga Lake are very different from the wines of Keuka Lake. And even the wines ofthe same lake yet opposing sides of the valley will be markedly different. Beyond location, the type of grape, or varietal, dramatically alters the taste of the wine. For example, many people have heard names like Chardonnay, Cabernet Sauvignon, and the like, but have difficulty tellingthem apart. Here's a shorthand list, from most dry to least: Reds Cabernet Sauvignon, Merlot, Zinfandel, Pinot Noir, Shiraz and many more. Of the Whites Chardnonnay, Blanc, Sauvignon Riseling, Gewurtraminer. These represent but a few of the varietals available, and are perhaps the most popular. - - With all the distinctions between location and grape varietal, where does one begin? Most, if not all, begin with a white wine or perhaps a blush. Not a bad start. As a rule of thumb, new wine drinkers will prefer lighter, sweeter, and fruitier wines such as a White Zinfandel (e.g. Beringer White Zinfandel, $5.99 - a goodplace to start). Another good bet for the newly initiated wine drinker are any ofthe Rieslings from New York State. In particular, a never fail is Dr. Konstantin Frank's Johannisberg Riesling ($8.99). Recently, I visitedthe winery ofDr. Frank and was most impressed with all of their white wines. Salud! Editor's Note: Mr. Nickson is a graduate ofthe Cornell University School of Hotel Administration's Wines Program. While he didnot major in drinking his college career ended on a high note. In addition, he has also served alternately, as the Head Wine Consultant and Store Manager of Wine World, a wine and spirits store in the Wegman 's plaza near Robinson Road. He is currently a enrolled in the JD/MBA program and is in his second year oflaw school. He has been to more tastings and consumed more wine than he can possibly recount but perhaps most importantly, he enjoys wine. by Nathan Van Loon, Features Writer When I signed up to do "Star Trek Commentary" for ihtOpinion, I thought that theEditors ofthe place would have known better than to take a fella like me seriously. I thought I gave the Editor-inChief a big wink and a smile when I volunteered for this duty, but low and behold these folks have been persistent. Night and day for the past six weeks a black tumor has been growing on my conscience. A Jimminy Cricket in a space suit stalked me in my dreams asking "When are you going to talk about Kirk? When are you going to extol the virtues of Picard? When will you ever get around to discussing the Neutral Zone, the Dominion and the Borg?" All this and much more has been plaguing my thoughts for quite sorfte time. Therefore, let us today speak with complete candor and brutal honesty about the security concerns ofthe United Federation of Planets. To secure peace and prosperity well into the 25th century, these are my recommendations as to what needs to be done: 1) Destroy the Wormhole -1 for one am tired of shapeshifters coming through the wormhole disguised as egg cartons or parakeets. End their interloping ways! Blow up the damn thing and end the Dominion menace. Sure it' 11 end Jumpstart with Juno by Randy Janis, iFeatures Writer The battle between free e-mail services has begun. Take advantage of it! E-mail is today's fastest growing and perhaps most inexpensive mode of communication. E-mailaddresses are now exchanged as regularly as telephone numbers and mailing addresses. Each day over 100 million e-mail messages are sent in the U.S. alone. Until now if you wanted an e-mail address for your personal use and weren't already at a company or university that supplied you with one, you had to rent one usually as part of a "package deal". Now providers such as Juno andFreemark offer free e-mail to all. Both services will deliver messages to anyone in the world with e-mail. There is no charge, no monthly subscription fees and no on-line time charges. What's the catch? Costs are picked up at the courtesy of advertisers. Ad banners appear under or over the message area, but ads are not attached in any way to the individual e-mail messages. The companies insist that names are NOT sent to advertisers. If anything, the colorful advertisements add a bit of life to a sometimes dreary screen. In a survey of e-mail software and services conductedrecently by PC Computing Magazine (April, 1996), Juno was named best in its category. In addition to basic e-mail functions, Juno offers customizable mailing lists, folders for storing mail, a built in spell check feature and an address book that automatically To use Juno all you a need is PC equipped with Microsoft stores addresses. Windows and a modem. Juno's free software can be requested by calling 1-800-654-JUNO or by sending e-mail to: signup@juno.com. Freemark has user friendly graphics. Each e-mail message is received in the form of an envelope. Each envelope displays its sender, subject and date. The advertisers' "stamp" in the top corner picks up the cost of sending. Aclick on the envelope displaysyour message. Freemark requires a 386 PC, Windows 3.1 or higher and a modem. For free software, contact Freemark at subscribe@freemark.com or (617) 492-6600. Both Freemark and Juno provide its users with a nationwide network of local access numbers. Juno offers a toll-free number shouldalocal number beunavailable. Freemark and Juno provide e-mail service only. No web browsing allowed. For thejet-setter Hotmailis the ticket. Hotmail can be retrieved through any computer from anywhere on the globe absolutely free. No software required. You need only to have a web browser installed on your computer and have access to the Internet. Hotmail is as easy as browsing to http://www.hotmail.com,logging in and getting your personal mail. Too busy with law school toremember important events: wedding anniversaries, birthdays, etc.? Don't bother! Hook up with NeverForget the free e-mail reminder service. Simply tell them the holidays and special events you wish to be reminded of and NeverForget will send you an e-mailreminder beforehand. Contact NeverForget at http:// www.neverforget.com. Is dfg3@acsu.blah.blah. a bit bor- DS9 as a series, but to quote the immortal Q, "All good things must come to an end." 2) Put a Cloaking Device on all Federation Warships Isanyone really concerned about hurting the Romulans' feelings? The Federation has the technology. Make it so! 3) Annex the Romulan Empire The petulant Romulans, deprived oftheir cloaking supremacy will be easy pickings tor the Federation and t heir Xl i ngon allies. Partition their territory down the middle and reunify the Romulans with the Vulcans as Roddenberry intended. 4) Build Ships withBetter Shields It's very discouraging to see Starfleet's flagship blownto pi eces by Klingon renegades in a tusty and outdated Bird of Prey. (SeeStarTrek 111, tions). 5) Have Complex Mathematical Puzzles on Hand to Defeat the Borg When your photon torpedoes are as effective as cheese logs, why not let the mathematicians give it a try? Fortunately for us, we get to see how the crew ofthe new Enterprise "E" fares against the Borg in "First Contact" opening onNoverhber 22. My moneys on theFederation, but I hear the Defiant is destroyed in the process. Some sort of systems failure involving the shields... - - - - $250 cookie recipe How John@The about ing? 18thHole.com,David@The StockMarket.com, or Don@RingSide.com. Star Mail and Netforward offer a variety of e-mail addresses to choose from - free. With either service you'll never have to change your e-Mail address again. You can change schools, jobs or service providers without affecting your e-mail address. This is important for students who are leaving school and are worried about losing contact with their current e-mail associates. Star Mail can be contacted at http://www.starmail.com or by sending email to postman@starmail.com. Contact at NetForward http:// www.netforward.com. Bottom Line: Services are Free - Beware of the Ads. Make your resume pretty. Join the Opinion! We're looking for features and news writers for next semester. This is a great way to get immhed and make connections in the community. Drop a note in box 755, swing by the office in O'Brian 7 or e-mail jvmurphy@ acsu.buffalo.edu This recipe and story were e-mailed member. The story behind the recipe is purportedly true. Apparently, a Nieman-Marcus patron loved a cookie he ate after lunch so much, he asked for the recipe. The waitress explained that while she could not givetherecipe away, she could sell it to him for, "Two-fifty." When this patron receive his credit card bill, it revealed that the recipe did not sell for $150, but rather $250.00. Peeved, the patron called and demanded a refund...which was refued. In retaliation, this man slapped the cookie recipe all over the Internet. to a staff The Recipe is: 2 cups of butter 4 cups of flour 2 tsp. Soda 2 cups sugar 5 cups blended oatmeal** 24 oz. chocolate chips 2 cups brown sugar 1 tsp. salt 1 8 oz. Hershey Bar (grated) 4 eggs 2 tsp. baking soda 3 cups chopped nuts (your choice) 2 tsp. vanilla **Measure oatmeal and blend in a blender to a fine powder. Cream the butter and both sugars. Addeggs and vanilla; mix together with flour, oatmeal, salt, baking powder and soda. Add chocolate chips, Hershey Bar and nuts. Roll into balls and place two inches apart ona cookie sheet. Bake for 10 minutes at 375 degrees. Makes 112 cookies. �10 THE OPINION PUBLIC SERVICE ANNOUNCEMENT November 13,1996 Guess who hada bad day HI Mrlrffi* can A day at 4k. JfAYf I pf Bill-BHb ; H- bad work often lead to verbal abuse at home. Think about what you're saying. Stop using words that hurt. Start using words that help. Committee for Prevention oM afijAAp �November 13, 1996 PUBLIC SERVICE ANNOUNCEMENT THE OPINION IT'S TBI CONFRONT K*^ JSES HIS WIFE. FRIEND BUT NOT NEARLY AfTWHD AS BEING HIS WIFE. WITS I So youknow your friendis an abuser. Do you ignore it or bring it up? Ignoring it is easy. Bringing it up is awkward. You couldlose a friend. But maybe bringing it up is the only way toreally be a friend. Telling him you know, telling him it's wrong, telling him it's a punishable crime, could be doing him a big favor. Maybe he needs someone Maybe he needs someone very life may be mm feSJ to say, to talk to. "No, it's not OK." But more important than his feelings, his wife's well-being, her in your hands. We can give you some information that may help. Call us at I-800-END ABUSE. Family Violence for Domestic Violence. Prevention Fund SBAIBar-Bri Halloween Party at the King Snake Lounge 1 �12 THE OPINION ADVERTISEMENT November 13, 1996 I I Did you know that... more than | I I BUFFALO LAW GRADUATES I I I I BAR/BRI to prepare them for the I February & July 1996 New York Bar Exams 1 I I Speak to Buffalo Law alumni and find out why the overwhelming majority of students choose BAR/BRI for their bar exam preparation. I Buffalo Law's #1 Choice for Bar Review I I (btgrjtfhn BAR REVIEW Trust tlie POWER OF EXPERIENCE™ to Work for You I I I I I I I I I � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Opinion, 1996-11-13 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. The Opinion no. 5 13.11.1996 Date Issued Date of formal issuance (e.g., publication) of the resource. 11/13/1996 Bibliographic Citation A bibliographic reference for the resource. Recommended practice is to include sufficient bibliographic detail to identify the resource as unambiguously as possible. 37 5 Publisher An entity responsible for making the resource available University of Buffalo State University of New York at Buffalo Law School Language A language of the resource eng Type The nature or genre of the resource Newspapers Text Is Part Of A related resource in which the described resource is physically or logically included. LIB-LAW003 Rights Information about rights held in and over the resource <a href="https://rightsstatements.org/page/CNE/1.0/">COPYRIGHT NOT EVALUATED</a>. The copyright and related rights status of this Item has not been evaluated. Please refer to the organization that has made the Item available for more information. You are free to use this Item in any way that is permitted by the copyright and related rights legislation that applies to your use. This digital collection is made available for research and educational purposes. Researchers are responsible for determining copyright status, and securing permissions for use and publication of any material. Copyright for items in this collection may be held by the creators, their heirs, or assigns. Researchers are required to obtain written permission from copyright holders and the University Archives prior to reproducing or publishing materials, including images and quotations. For inquiries about reproduction requests and permissions, please contact the <a href="http://library.buffalo.edu/archives/">University Archives</a>. If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/85717ce29411eaef35753357b102ff3a.pdf b4a6b486cc49eb98a3007fca52d5946c PDF Text Text J J NEWS Protest places DC on its ear, see page 2. I J FEATURES OP\ED 2L a Polish summer advocacy adventure, See page 8. Mud slingun' gone awry ? ■ See page 4. Bringing the issues to the students since 1949 THEOPINION Volume 37, No. 4 STATE UNIVERSITY OF NEW YORK AT BUFFALO SCHOOL OF LAW October 30, 1996 Finley a stalwart Pro-Choice defender Scalia especially tough on Pro-Choice Advocate by Kristin Greeley, News Editor people could not begin assembling outside the Court before midnight, but at 10:3,0, there was already a small group assembling, so they decided to forego dinner and begin their camp-out early. When they arrived, Molak and McKenna were twenty-first and twentysecond in line. Security guards told them that people camp out on the steps the night before an argument only once or twice a UB Law Professor Lucinda M. Finley represented the Pro-Choice Network of western New York before the Supreme Court ofthe United States in the case of Schenck v. Pro-Choice Network of Western New York. Arguments were held on Wednesday, October 16. 2Ls Cecily Molakand Rita McKenna travelledto Washington D.C. to hear the arguments. They were two of only thirtyseven spectators from the general public to watch the arguments. The two left Buffalo at around 3:30 Tuesday afternoon and arrived in Washington at 10:15 p.m. Molak and McKenna were told that StaffReporter Education is a journey, and listenis ing the passport. The University at BuffaloLaw School's Public InterestLaw week began with a lecture entitled "Public Interest Law: Present and Future". The panel discussionand Public Interest Law See Finley, page 10. SBA meets sans quorum term. Many of those already assembled were supporters of Schenck's attorney, J. Allen Sekulow, and students at Regent Law School in Virginia Beach. Sekulow is a professor at Regent, and some of the students helped him draft the brief in the case. He also heads a non-profit conserva- Public interest law alive and kicking by Kirn Fanniff tive, pro-life organization, the American Center for Law and Justice. innovative programs involves their work for the handicapped. Under a grant from the Cerebral Palsy Foundation they are litigating cases involving assistive technology (motorized wheelchairs, etc.). F cases are farmed outto private lawyers pro bono basis. Managing Attorney Robert Elardo spoke of the many volunteer opportunities available at the VLP. The organization functions with 25-30 inhouse volunteers. They also have a student-run clinic evny Tuesday night at Haven House, a shelter for battered women. "The program caches women how to use he system to their advanage," Elardo stated. Kathleen Carmody, Adby ministrative Director of the Women' s Law Center, works with a mission similar to that Week were sponsored by the Career Development Office. The panel included Keith Morgenheim ofNeighborhood Legal Services ("NLS"), Robert Elardo of Volunteer Lawyers Project (VLP) and Kathleen Carmody of the Women's Law Center. Panelists spoke )fthe Haven House program. about their organizations' work and funding. Carmody said, "The biggest Keith Morganheim, Robert Elardo, & Kathleen Larmody jart of what we do is to eduDespite devastating status interwe cate women and provide of public getary cuts, the Morgenheim stated, "With this grant est law organizations at UB Law is not are advocates for technology that imthem withthe support of advocacy. I get 10proves the quality of life for our clients." bleak. According to each panelist, their are to See Kicking, page 8 Another program the NLS is involved organizations continuing provide to with is a the needy of quality legal services joint venture with the Volunteer western New York. Lawyers Project, the "Attorney of the Morning" program. This program staMorgenheim, Interim Executive Director of NLS, stressed that his organizations a lawyer at the court to provide onsite services for those being evicted from tion, "... is the largest provider of civil their homes. This program is currently legal services to the poor in Erie County and upstate New York." Financial eligibeing copied in other states. The Volunteer Lawyers Project bility for NLS is set at 125% ofthe federal ("VLP") was created in 1982 by the efpoverty guidelines. In 1993 that meant a forts of the NLS and the Erie County Bar family of two could earn up to $11,800 and still meet NLS requirements. Association. The group handles family law, bankruptcy, immigration and landNLS has four units which focus on lord- tenant issues. the areas of law most needed by their One goal ofthe VLP is to involve the clients: Public Benefits, Family, Disabilprivate bar in public interest. Many of ity, and Housing Law. One of NLS' MSaanimrlih t*iot S Out bySA.Cote, Assistant News Editor The Student Bar Association con- venes! for their second nieeting on day f October 17. Lacking a quorum with which to conduct any financial busir*ss, the meeting focused ori party plans and how to keep Bar Review organizations from .subjecting students to harassment more than two tiroes per week. Presi dentPrudence Fung began her report with the Bar Review issue, saying that the school might soon adoptapolicy of limited access for the Review tables that perpetually choke the halls. The idea was well received by the few representatives in attendance; however. 1L Brenda Torres did mention the possibility ofReview Reps being unable to make their tabling quotas. This concern was countered with the point that mast schools have a limit on Reviews' tabling, yet reps meet their obligations. After announcing the upcoming Blood Drive, Fung then informed membersabout a program developed by Kids Voting USA, a polling exercise designed to teach children the importance of voting. Despite the fact that there were not enough people present at that point to vote in their own organization, the members seemed generally enthusiastic when Fung askedreps to urgetheir constituents to participate. With no voting to take up extra time, the meeting adjourned after a little more than an hour. of the closets and onto the walls MSaanimrthi by Phot �THE OPINION 2 October 30, 1996 Thousands throng through DC in search of social justice by Cindy Huang, Staff Reporter Thousands of people marched to the White House and the Capitol from different areas of Washington, D.C to seek justice. On Saturday, October 12, 1996,participants of the marches represented a multitude of both public and voting in the 1996 elections. Jenny Dreimer, a Howard University graduate, said, "The vote ofone woman will not be enough, the votes of many will make a difference." a small-scale protest criticizing society for not being morereceptive to their needs and pushing for more research to find a cure for AIDS. Because the day ended with an inter - private interest groups. One of the most visible groups present sought to have minorities more widely represented in governmental pro- cesses. They emphasized that minorities are not being adequately represented in the legislative and judicial branches of government. Ben Wendell, a march organizer, stated that, "We are sick and tired of being excluded from making important decisions. We will not put up with being locked out of the Capitol any longer." A second group of protestors expressed their view that Latinos are specifically being discriminated against via the recently enacted anti-immigration laws. When asked how he felt about the event, Jose Garcia, a student from Columbia University said, "It's wonderful to see so many people here supporting our cause." Many female demonstrators were present to encourage more women to have a larger voice in government. Their main purpose was to promote women task for each of the groups. Many participants focused solely on their own agendas. Demonstrators began mixing with one another when the large size of the crowd pushed them closer together. As the hours dragged on, it became impossible for all the groups to voice their opinions at once. Out of necessity, protestors began taking turns at disseminating their messages. Only at this point did the crowd begin to consider the significance ofwhat was being said by others. Linda Shorsenski, a graduate of Emory University, had originally travelled to Washington to try to convince more women to vote. Yet the protest allowed her to empathize with theLatino Cindy Huang stands outside the Capitol Many people were also present to mourn the loss of their loved ones to AIDS. Although the gathering began as an occasion to look at and add patches to the AIDS quilt, some attendees organized mingling ofthe numerous interest groups, a lot of people involved in the rallies were able to convey their message to others. However, communicating the specifics of their causes proved to be a difficult HEW YORK Students Pass theBarExam with PIEPER With 23 testable subjects In addition to the multistate exam, why risk your future on someone who Is not an expert on the New York Bar ExamP JOHN PIEPER is snEXPERT onpreparing forWe NEW YORK andMultistate BarExams!! EXPERIENCE THEEXPERT... 1-800-635-6569 community, and she returned to Georgia a less ignorant citizen. "Everyone should be given equal opportunity. Women or Hispanic, we are all living in this society together," she said. Mike Hernandez, a student at Florida State University, summarized the consensus among the groups by saying, "If you ignore us today, we will return tomorrow. We will keep on coming back until out concerns are acknowledged and some steps have been undertaken to start meeting our needs." �NEWS BRIEFS October 30, 1996 THE OPINION 3 BRIEFS... In and Out of the University UB News Law Firm Donates Art to UB The New York City law firm Sidney & Austin has donated aseventy-four piece artwork collection to the University at Buffalo Art Gallery. The collection is valued at $80,000 and includes works by Dennis Oppenheim, MichaelKenna, Lita Albequerque, Grace Knowlton and Dan Graham. Recently, an exhibitof photographs, prints, and textiles form the collection was held at the Gallery, which falls under the auspices of the UB Faculty of Arts and Letters. "The academic and surrounding community will have the opportunity to view various distinctive pieces by many outstanding artists. Sidney & Austin is comitted to supporting higher education," said Jack Brimm, director of administration for the New York branch of Sidney & Austin. Sidney & Austin is one ofthe largest firms in the U.S., with 750 lawyers. The firm represents Fortune 100 businesses, associations, and prominent individuals. UBLaw Creates Centerfor Study of CriminalLaw UB Law has established the Buffalo Criminal Law Center in order to advance the study of criminal law. According to Professor Markus Dubber, Center organizer, the Center has a threefold purpose: to provide support for legislators in matters ofcriminal justicepolicy, to attempt to rejuvenate the study ofcriminal law in the U.S., and to provide an intensive learning experience for students who have a concentration in criminal law. Students in the criminal law concentration will edit the Center's journal, The Buffalo Criminal Law Review, plan conferences, and prepare policy analyses for New York State and federal legislatures. According to Dubber, the study of criminal law has declined in the U.S. since many states, including New York, revised their penal codes in the 19605. The Center "provides us with a unique opportunity to be national leaders in the study and future evolution ofcriminal justice policy," Dubber said. The Center will sponsor its first event, a conference entitled "Rethinking Federal Law," on Saturday, November 23. The conference will feature ten scholars from the U.S. and Europe. Topics to be discussed include: Federal Criminal Law and Sentencing Today, Federal Criminal Justice Policy and Politics; Women, Minorities, and Federal Criminal Law; Comparative Perspectives on Federal Crimial Law; and Reforming Federal CriminalLaw and Sentencing. The conference proceedings will be published in the first issue of The Buffalo Criminal Law Review. The Conference is sponsored by the Mitchell Lecture Fund, the Conferences in the Disciplines program, and the Baldy Center for Law and Social policy. Campus CrimeReport In 1995, there were no murders reported on either ofthe two UB campuses. The same is not true for less serious crimes, however. The most prevalent campus crime was burglary, with 220 cases reported in 1995. Many of these burglaries were not forcible entries most were ofunlocked -- student dorm rooms. In addition, there were 19reported aggravated assaults, and 24 motor vehicle thefts. Only one forcible sexual offense was reported. The crime with the largest increase was bias related crimes, with 16reported cases, up from 4 in 1994. Local News State Bar Association Honors Farrell Amherst Town Justice Mark G. Farrell has been awarded the 1996 DistinguishedService Award bythe Law, Youth, andCitizenship Program ofthe New York State Bar Association. Farrell will receive the award at a statewide conference this week. He was nominated for the award by the Amherst, Williamsville, and Sweet Home Central School Districts, the Amherst Police department, and other members ofthe legal community. Farrell is a leader of a new plan in Amherst to battle drug and alcohol abuse among young people. He also implemented the state's first "drug court," which is the backbone of the program. In addition, he has also instituted progressive efforts that focus on court responses to youthful offenders, including alternative sentencing programs, drug and alcohol rehabilitation, and DWI impact panels. Farrell was also responsible for educational forums on the juvenile justice system for youths and educators in the three school districts in the Town of Amherst. Farrell has been an Amherst Town Justice since 1994. He is special counsel Morey attorneys specializing in medical and professional malpractice, product liability and environmental litigation. He is a graduate of UB Law. to Damon & Across the U.S. Law School Applications Drop There was a 7% drop in applications to law schools duringthe 1994-95 school year, according to a report by U.S. News and World Report. The declineis part of a four year trend. In 1994-95,78,800applications were filed to the 178 accredited law schools in the U.S. In 1990-91, 94,000 applications were filed. This decline in applications means thatschools are forced to admit less qualified students, according to the report. "The best and the brightest in the late 1980's and early 1990'sused to go to law school, and it isn't happening anymore," said Andrew Cornblatt, Dean of Admissions at the Georgetown University Law Center. Kennedys Sign Prenup The London Mail has reported that John F. Kennedy, Jr., and wife Carolyn Bessette signed a prenuptial agreement that guarantees Bessette a minimum of $1 million in the event the couple divorces. The agreement establishes a sliding scale ofpayments that increases with the length of time the couple is married. If they divorce after less than three years, Bessette gets $1 million. If they last more than three years but less than ten, Bessette is guaranteed $2 million. After 10 years, the figure increases to $3 million. The newspaper says thatKennedy' s advisors insisted on the agreement, supposedly to shield him from a California law that would allow Bessette to sue Kennedy for half of his wealth in the event of their divorce. The couple is reportedly house-hunting in California. Kennedy's wealth is estimated at $32.7 million. Sixth grader's knife nabbed When eleven-year-old Charlotte Kirk of Columbia, South Carolina, thought she would help her mother by packing her own lunch for school, she never bargained for criminal charges. The sixth grader put a steak knife in her lunch box so she could cut the chicken she had included in her lunch, the school interpreted the knife as a weapon instead of a culinary utensil. A friend in the cafeteria suggested to Charlotte that the knife might not be allowed in school. Charlotte thenasked a teacher if she could use the knife. This resulted in her being suspended from school, arrested on a charge of possessing a weapon at school, and threatened with expulsion. Charlotte was taken from Hopkins Middle School in a police cruiser her father was not allowed to ride along with her. - The school district decided not to suspend Charlotte, but she still faces a hearing in family court on the possession charge. Charlotte says she packed the knife for herself because "Mom was busy, and dad had gone to work." "I never took it out ofthe box," she said. On Line University Created The creation of the World Learning Network, was announced by Peterson's, the nation's leading provider of college and career information in print and online, and the Electronic University Network, which has helped colleges, schools and organizations for the last ten years offer instruction on-line. The two organizations will work together in a cooperative agreement to establish the first global virtual education community offering short-term courses and credit-bearing courses for those individuals who need or prefer to study at a distance. The World Learning Network will beavailable on the World Wide Web at http:// www.worldlearning.com on January 1, 1997. The World Learning Network will provide colleges, schools, corporate learning centers and professional associations with their own virtual campuses. The Network will serve those who cannot now be taught through traditional on-campus education, such as the homebound, military service members, the disabled, and the institutionalized. Peterson's and the Computer brief cont'd Electronic University Network is also organizing World Community College and World University to create international outreach opportunities for U.S. academic institutions. The World Learning Network will give each member its own on-line campus. Each campus will be comprised of the basic buildings housing the core functions of a complete learning center: academic buildings, a library, an administrative center and admissions office, a counseling center, a student union, a continuing education center, a lecture hall and a college store. The Network's creators attest that the campus and its buildings will be "furnished" andready for immediate use. The classroom building will provide tutorials and seminars. The library will possess basic collections, as well as facilities for student research and independent study. The student union will have chat rooms and game facilities. The lecture hall will feature forums, discussions, conferences and workshops. The bookstore will sell a full array oflearning materials. Law School to Provide Hands- on Environmental Law Experience Here's an opportunity to get your hands dirty! Vermont Law School will offer hands-on experience working with leaders in environmental law. Vermont Law School is inviting students from to enroll as visiting students in the Environmental Semester in Washington, DC. This 13-credit externship in Washington, DC offers students a two-credit class in professional responsibility and practical environmentalexperience working with mentor attorneys in a number of exciting settings. The following is a sample of the many disciplines in which experienced mentors work with students in the Environmental Semester: Government Agencies: UnitedStates Department of Justice, White House, Environmental Protection Agency, Department of Interior, Department of Agriculture, and Department of Energy. EnvironmentalGroups: Fund, Enviornmental Defense Enviornmental Law Institute, Natural Resources Defense Council, Center for International Environmental Law, NationalWildlife FederationandSierra Club Legal Defense Fund. Congress: Key committees in the House and Senate: Other Groups: Law firms, trade associations and consulting firms. "This past semester I gained something that only experience could give me: confidence...Just the opportunity to do work that a practicing attorney also did was exciting, and it proved to me that I could do this - and do it well," said one student who worked in the Environmental Enforcement Section of the Department of Justice. For more information and application materials, call Professor Martha Judy (ext. 2345) or her staff assistant, Vicki Campbell (ext 2259), at 1-800-227-1395 or 1-802-763-8303. Sources for briefs are: The Buffalo News, TheReporter, The Spectrum, The New York Times, and The Syracuse Post Standard. �EDITORIAL THE OPINION 4 OPINION Founded 1949 Volume 37, No. 4 Jessica V. Murphy Editor-in-Chief && LETTERS TO THE EDITOR You Don't Get IT by 2L 's Carlisle F. Toppin and Martin C. Raikes October 30, 1996 Julie E. Meyer Managing Editor STAFF Business Manager: Scott Bylewski News Editor: Kristin Greeley Features Editor: Jill Ann Baer Photography Editor: Sami Manirath Art Director: David Leone Layout Editor Rochelle Jackson Assistant News Editor: SA. Cole Senior Editors: Samuel S. Chi, Steven Bachmann Dietz, Len Opanashuk The Opinion is a non-profit, independent,student-owned and run publication funded by the SBA from student law lees ThcOpinion, SUNYat Buffalo Amhersl Campus,7 JohnLord O'Brian Hall,Buffalo, New York 14260 (716)645-2147. The Opinion is published every two weeks during the Fall and Spring semesters. It is the student newspaper of the Stale UniversilyofNewYorkat Buffalo SchoolofLaw. Copyright 1996 by TheOpinion, SBA. Anyreproduction ofmaterials herein is strictly prohibited without theexpress consent of the Editors. Submission deadlines for letters to the editor and Perspectives are 5 p.m. on the Friday preceding publication. Advertising deadlines are 6 p.m. on the Friday preceding publication. Submissions may either be sent to The Opinion at the abovenoted address, dropped offunder77ie Opinion office door (room 7 O'Brian Hall), or placed in Box #755 on the third floorof O' Brian Hall. All copy must be typed, doubled-spaced, and submitted on paper and on a computer disk (IBM-WordPerfect 5.1). Letters are best whenwritten as a part of a dialogue and must be no more than two pages double-spaced. Perspectives are generallyopinion articles concerningtopics ofinterest to the law school community and must be no more than four pages double-spaced. The Opinion reads and appreciates every letter and Perspectivewe receive; wereserve the right to edit any and all submissionsfor space as necessary andalso for libelous content. TheOpinion will not publishunsigned submissions. Wewill return your disks to your campus mailbox or to a private mailbox if a self-addressed stampedenvelope is provided. The Opinion is dedicated to provide a forum for the free exchange ofideas. As a result, the views expressed in this newspaper are not necessarily those of the Editors or Staff of The Opinion. "Congress shall make no law ....abridging thefreedom ofspeech, or ofthe press;..." The First Amendment — EDITORIAL: Now that it's the nineties we've all had our consciousness raised, and everyone is aware of the fragile inner child that lurks within our aging, outwardly mature bodies. Hence, we now feel justified in cutting loose and making the world our playpen, the office our Romper Room. Which I guess is a curt nod in the direction ofpuerile behavior. And which...l guess...meansit's okay to huck mud at any of your little friends who s&sses you with one too many "nyah nyah nyahs." But, there's a problem. If you're going to throw mud, folks, Do It Right! Watching the presidential debates that have pockmarked this year's election campaign has been a peculiar kind of sado-masochism for just about everyone involved. Those whose sensibilities are easily offendedfound the character attacks and finger pointing to be thoughtless, pointless, and tasteless. Those whose sensibilities are shod in iron, and who love a good romp through the carnage of political debate, were equally offended, because they turned on thetube to see virtual guts spilled on the floor, and were rewarded by Bill-Bob tiptoe-ing through the tulips of a debate choreographed by Emily Post. As for those who don't give a damnabout politics, well, their prime time shows and sports were pre-empted by something pointless, and thus their viewingpleasure died in vain. There's a lot of talk about returning politics to the niche in polite society from which it was once supposedly ensconced. There are only a few choice words needed to nip this sort of yap in the bud. Congress. Cane. Sumner. Head. Smoosh.[This is areference to a caning in Congress prior to the Civil Warinvolving SenatorCharles Sumner.] Politics is war without blood, not war without casualties. We all know this, yet we hold our politicians to an impotent standard of amiability that would have been a challenge for the "Little Women" to achieve, even on a day when Marmee made pancakes and didn't give them away to the poor. We watch the candidates debate, ready to pounce on a slightly disdainful syllable, or just-too-pointed comment. We publish countless articles that analyze the wording and intonation ofeverything they utter, because the initial message is lost in the tea-timetalk. Andthus we are not only cheating ourselves out of a lot of fun, we're depriving ourselves ofany clue as to what really beats and lusts inside the hearts and minds of the people who would lead us. At age four, mud is a mere amusement. At any age past eighteen, it should be something we revel in. It's sad thatthe most cutting debate snippet ofrecent memory is the slightly biting, "Senator, you're no Jack Kennedy." That's just weak. Slicks and stones will break our bones, but names will never hurt me. Sure, it's the first bromide that any child learns to debunk, but it also trains us in the mind set that it's better to say it than imply it. We're Americans, people. Aside from the French, we're supposed to be the ruling class ofrude. Sling mud. Sling it hard. Just don't try to hide it; Do It Right. Don't forget to vote on November 5 th! October 30, 1996 The blueness of the sky, the wetness of water, the subliminal images in those colorful billion dot pictures, the exorbitant salaries of today's athletes, the winning lottery numbers before the drawing, why Barney does not just simply ask Fred for some Fruity Pebbles.... What do the elements in this list all have in common? They are things that some people just do not get. The Tiger Woods Nike commercial can be added to this list for Greg Mattacola. In The Opinion dated October 9, 1996, Mr. Mattacola wrote a scathing criticism of Tiger Woods and his Nike commercial. The commercial in questionfeatures Tiger Woods saying, "There are still courses in this country that I can't play on because of my color." Mr. Mattacola had the temerity to suggest that Woods' exclusion from certain golfcourses on the basis of race is not a legitimate reason to complain since he has a lucrative contract with Nike. In fact, hisarticle states that Woods "should be singing the praises of the good old USA at the top of his lungs." Greg, you miss the point ofthe commercial entirely. The ad is an attempt to sensitize theAmerican public to one ofthe many indignities that people of color suffer. Your article trivializes the important message ofthe commercial since this problem goes beyond Tiger Woods and even golf, for that matter. It effects millionsof people in the United States and that is something no one shouldbe singing praises about. According to James Small, a Nike Public Relations Director, the ad was not supposed to be taken literally, but was intended as a "metaphor", with Woods as a stand-in for other black golfers. Sure, Tiger Woods wouldbe welcome anywhere because of his celebrity and stature in the game. However, less prominent black people would be and have been denied playing privileges because of their race. To give a few examples: In 1993, Sabres goalie, Grant Fuhr, was denied golf membership to the Transit Valley Country Club in Buffalo on the basis of his race; in 1991, St. Frederick High School golfer Dondre Greenwas excluded from a threeteam regional playoff at the Caldwell Parish Country Club in Columbia, Louisianabecause he was black; in 1990, the Professional GolfersAssociation (PGA) had to deal with an incident at Shoal Creek Country Club in Birmingham, Alabama when the country club's founder told a reporter that there was no way a black person would be considered for membership; until 1962, the PGA's constitution had a "Caucasian clause", which limited PGA-sanctioned competitions to whites only. The purpose of the commercial was to spotlight such issues and raise awareness that golf is not an inclusive sport. It is absurd to suggest that pointing out one of the ills in American society is exclusively the province of civil rights activists. While Nike is undoubtedly usingTiger Woods to expand its market, the underlying message does not detract from Dr. King's ideals. Dr. King was against segregation and the message of the commercial is consistent with his work. UNDESERVING? WE THINK NOT! No other golfer has turnedpro with the notoriety of Tiger Woods. When he was three years old, Tiger appeared on the "CBS Network News" and "Mike Douglas Show" putting with Bob Hope. At that age, he also shot a score of 48 for 9 holes on the U.S. Navy golfcourse. By the age of five, he appeared on TV's "That's Incredible". In 1995, he competed in the prestigious Masters Tournament in Augusta, Georgia, his first pro major, and was the only amateur to make the cut. At the age of 18, Tiger Woods was the youngest player to ever win the U.S. Amateur Tournament. Since then, Woods has won an unprecedented third straight U.S. Amateur Championship. He recently turned pro on August 28th of this year, See letter pg 6. Tell us your opinion! If you have an opinion on anything published in our newspaper or on any current topic that concerns the law school community, write to The Opinion. Letters to the editor are best when written as a part of a dialogue and must not be longer than two pages double-spaced. Perspective* are generally opinion articles concerning topics of interest to the law school community and must not he longer than events AJ! submissions are due the Friday before we publish Yout submission niuM be typed, doubled-spaced, and submitted on paper and on a computer disk (IBMWordPerfect 5,1 format). XfofrnPP.iWW' reserves the right to edit any and all submissions for space as necessary and also for liheious content; we will not publish any unsigned submissions. Send your submissions to The Opinion office or place them in box 755. \. It- ' �THE OPINION OP/ED October 30, 1996 5 Follies and Fumbles Columnist Greg Mattacola Listen for a Change! You guys remember Bob Dole, right? He's that really mean looking old guy who does not have a clue of what the young people of this country are about or need. He's also that same guy who, not too long ago, rattled off a bunch of movie titles stating that they were bad for this country's morals. (I think Showgirls was one, possibly the only movie I've ever watched where I'd seen better plots in a porno.) Yet, when asked ifhe'd ever seen any ofthese 'harmful' movies, the former Senator said,"Well, no." And I'm supposed to vote for you? Someone who just says what he thinks parents want to hear without knowing what he's talking about? I don't know why I'm so surprised. This is the same Bob Dole who once said in an interview, "Tell me what you want me to be and I'll be it." Now, there's someone with character. Someone whoreally sticks to his guns. And speaking ofguns, It seems now, after Bob Dole already got himself in trouble using the song, "Soul Man" as part of his campaign(l'maDoleManl I know, pretty sad.), without permission, he's gone and doneit again. Itappears that Mr. Dole has been cranking "Born in the USA" from his campaign bus as he makes his way around the nation. Once again, he did not have permission and got scolded from Springsteen. But, you see, there's an even bigger problem here. First of all, there are very few things that I believe strongly in. One ismy absolute hatred for Astroturf. Another is a cold beer after a round of golf. My marriage, black coffee in the morning, andmountain biking pretty much round out the list. Except for one other thing. Bruce Springsteen. Tell me something Mr. Dole, have you ever listened to "Born in the USA"? I don't mean the beat, Mr. Dole, I know it's a catchy beat, I'm talking about the words. Because if you had, I don't think you'd be playing it on your campaign. You see, Springsteen, in my humble opinion, isthe most prolific song writer of our generation. Yet, he doesn't write about'counting blue cars' or'going down on you in the theater'; the man writes a social commentary about the life of the regular Joe in today's America. And quite often, it's not a pretty picture. Go and listen to the song, Mr. Dole. Then tell me if you want to use it. And after you're done, go and find your old pal Ronald Reagan who also used this song without having a clue of what it's about. The two of you can turn your hearing aids up and realize together what jackasses you are. AndI never thought I'd have to vote for Clinton again. Vanna, can I buy another candidate? Please? SPORTS SHORTS! Well,the baseballrace isalot clearer now, unfortunately. The Yankees have refused to die or go away; much like the cockroaches of their crack ridden, pollution infested home. Come to think of it, when looking at the makeup ofthe Yankees, its much like a line up on NYPD Blue. You've got your crack heads, your cocaine addicts, your hired guns, your wife beaters. All that's missing is the overweight cop who yanks people around by their necks and has absolutely no respect for anything that's sacred. Oops, forgot about Steinbrenner. Now the picture's complete. Speaking of baseball, what would happen ifyou combined Brady Anderson's sideburns, withRollieFingers' oldhandlebar mustache? Would that be the most outstanding presentation offacial hair that you've ever seen or what? I've gotto stop watching so much sports. Nahhh. The football season is as great as ever, not that football ever really disappoints me. But I'll tell you one person who has completely stood out this year, Rookie linebacker for the Dolphins, Zack Thomas. I have not seen this guy play one game where he didn'tcompletely dominate it defensively. I've never seen aRookie come in on defense and just take over games like Thomas does. He's a Spielman-Conlan type linebacker, yet without extraordinary size. If Thomas continues like he is, he's in the running for Defensive Player of the Year, not justRookie Defensive Player ofthe Year. He's already wonthat. Gottta love this sport! We want to hear what you have to say.** Tell us whatyou think... Send a letter to the Editor. We're located inßm7 O'Brian Halt Dear Audrey... by Audrey A. Kocscielniak, Assistant for Career Development, Special to the Opinion Dean Robert E. Precht, provides a further definition of public interest/public service practice. It further confirms that our "Focus on Public Practice" is worth the effort. Dear Audrey: CDO's October programs all have a public interest focus. Why so much effort for 5% of a class? Signed, Private Firm Oriented ��**�*******�****�****** Dear Private Firm: Whether you call it public interest, public practice or public service, it is more than working for legal services and legal aid. It is workingfor not-for-profits,cause specific organizations, government and even private law firms (clearly, more than 5% of a class). Public service also involves representation on all sides of an issue. Several ofthis month's attorney-panelists described the interaction between the private and public interest practitioners. Skills learned in the private practice can be transferable to the public sector andvice versa. Also, it is onlythrough the pro bono efforts of over 800 private attorneys in Erie County that the Volunteer Lawyers Project hasbeen able to provide legal assistance to area citizens who would otherwise go unrepresented. A number of public interest achievements would not have been possible if not for the substantial resources large law firms have given pro bono to more intensive (i.e., long and expensive) cases. The following article published in the October 1996 NALP BULLETIN by WHAT IS PUBLIC SERVICE ? Onenight, after a day of cross-examining witnesses in the WorldTrade Center trial in 1994, I was riding the subway home when a well-dressed man came up to me with a puzzled look on his face. "You're one ofthe lawyers for the Arabs, aren't you?" he asked. I said that yes, I was. Becomingred, he yelled "Theykilled innocent people. They killed a pregnant woman. How can you live with yourself defending these terrorists?" I replied with the tenet central to our criminal justice that everyone is entitled to a system fair trial but this man would have none of it. To him, I was simply a mouthpiece for murderers. He looked at me as ifI too were guilty of murder and that he would like to strangle me. Somewhat unnerved, I got off at the next stop and walked the rest of the way home. I have thought of this incident frequently since moving to Ann Arbor to head the Office of Public Service at the University of Michigan Law School. If two people could disagree so completely about the role of a lawyer in our system of justice and whether he or she is performing a public service, what does the term "public service" mean? As I pondered this, the obvious definitions seemed inadequate. Defining public service broadly as legal work not undertaken for personal profit seemed to me to include too much. A lawyer cannot take —— any position, however evil, and call it public service simply because it is unmotivated by pecuniary gain. Defining it more narrowly as legal work that helps the poor excludes valuable endeavors that address national and global concerns such as the environment. Could I say nothing more than that, whilepublic service is impossible to define, we know it when we see it? Looking back, I see I went astray in trying too hard to definepublic service in terms ofparticular practice areas. I realize now that the essence of public service is not an activity, but an attitude, an attitude everylawyer can and shouldbring to the practice of law. It is, as the great law teacher Karl Llewellyn wrote, "To be at all times, even at personal sacrifice, a champion offairfor all, whether ness and due process or the powerful envied... or the hatred or the oppressed." If the attitude sounds familiar, it should. It is the message of " A Christmas Carol" and the Good Samaritan adapted to lawyering: make humankind your business and do not turn a blind eye to injustice. In the last year, I have met lawyers of diverse backgrounds who embody this attitude and show that it can become an essential component of every type of legal practice. To mention only three: the legal services lawyer who, unbowed by Congressional cuts, continues to make a career ofproviding equal justice to poor people; the general counsel of a large automobile company who has created an in-house pro-bono program involving more than 100 lawyers; the law firm partner whose pro-bono environmental legalpractice places him in the vortex of national issues. These and other lawyers, working different practices and settings, very in are deeply connected with and have given something of tremendous value to - the communities in which they live and practice. They challenge us to do the same. - This article is reprinted with permission by the National Association for Law Placement. ... Do it Once. The Power Of Experience �FEATURES THE OPINION 6 Prepare your Car for Winter Blues by Alex Suchomski ofKoerner Ford, Special to The Opinion Winter weather could bejust around the corner. Icy roads, snowy nights and blustery winds can take a toll or bite out of your car. For some, a car is essential transportation to and from campus. Here are some helpful tips for winterizing your car. 1. Tune the engine. they are equivalent or inferior to conventional tires. Studded tiresmake goodsnow wtires. However, if they are used often on diy pavement, due to a lack of snow and high speed driving, their life expectancy will be shortened. Studs will fall out and wear-out, resulting in typical snow tires. Thus, studded tires may not be as cost effective. Check 9.Windshield Wipers: Winter wiper blades are recommended. radiatorfor leaks. These are rubber 2. Change the engine oiland j. radiator coated to prevent ice from sticking to them. Use windshield washerfluid that is winterized with anti-freeze. Do not useradiator coolant in- and battery and inspect battery cables. 6. Check the flash cooling system sure itis clean. If itis dirty,a new coolant is needed. When adding the replacement coolant, the mixture should be 50% water and 50% coolant. If the engine takes a long time to warm-up, replace the thermostat. Most engines should reach operating temperature (approximately 195-200 degrees Fahrenheit) within 4 miles of driving. Finally, have the coolant tested for protection. Negative 35 degrees Fahrenheit should be adequate for upstate New York. to make 7. Test for air leaks in your tires. -10. Carry a snow brush, snow shovel, and flashlight in your car. Beet, I 11. Use extra weight in theback, such ndbags, if you have a rear wheel drive vehicle. This willallow for better traction. Alex's Handy Tip: Often floor mats become saturated with melted snow. The moisture results in condensation that may settle on the inside of the windshield and cause ice to form. The solution is to put newspapers underneath the mats. This will absorb the moisture. X. Tires: most cars are equipped with all-season tires. These are usually fine, but after 20,000 miles of driving The use of studded snow tires ispermitted in New York after October 15* and in Pennsylvania after November 1". Response to Mattacola cont'dfrompt, 4 and is a winner on the PGA Tour in only his fifth tournament and is 34th on the money list. With one ofthelongest drives in the sport of golf, Woods hits 310 to 320 yards off the tee without trying, and 340 to 350 yards when he is hitting harder. This account only skims the surface of this young player's accomplishments. Woods' appearance at every tournament, major or amateur, has filled the galleries and increased the popularity of golf. His peers on the tour, including Greg Notman, NickPrice and Davis Love 111 have high praise for him, think he is an outstanding player and great for the tour. Greg Norman was even quoted as saying, "Golf needs someone like him. He's long, strong and articulate and he holds himself well on and off the golf course." Tiger Woods is a superstar which all sports need. A superstar who captivates its audience and someone that people may hale to love and at the same timelove to hate. How do you like that image now, GT eg? Like Woods, most top golfers already have lucrative endorsements. Greg Norman, for example, has a contract with Reebok. Reebok sponsors his clothing collection and gives Norman the right to market and license the Shark Logo. The Greg Norman's Ultimate GolfChallenge Video Game is sponsored by the Groiler Publishing Company. We should also mention the endorsements by Chevrolet Trucks, GM Automobiles, Dunlop Golf Balls, Caddyrack, Inc., Leßoeuf Fountain Pen Co. and others. We do not understand why you make suchan issue about one endorsement to thisparticular individual, who has met the expectations of its sponsors. Whether anyone deserves $40 million to endorse sports products is certainly debatable, but popular appeal and marketability determine whoa company chooses as its representative. Your "Follies and Fumbles" attempt to gain laughs was far from humourous and offensive to many. As a journalist, your article in The Opinion represents exactly that your opinion. However, as an elected SB. A. official, you should be careful that your published thoughts do no* offendthe people you represent. THE EYE OF THE TIGER Risin' up, back on the street Did my time, took my chances Went the distance, now I'm hack on my feet Just a man and his will to survive So many times, it happens to fast You change your passion for glory Don't lose your grip on the dreams of thepast You must fight just to keep them alive It's the eye of the tiger... -EdoEngel. -- October 30, 1996 ESLS plans star studded event by Susan Bjornholm, Features Writer Time is a valuable commodity as every person who inhabits the halls of , O Brian can tell you. Everyone has to make decisions on which events to schedule in his or her daily planner, stay after classes to attend or skip completely. MARK THIS DATE! November 18th contains an event that every person in this school will find intellectually stimulating and informative. The Entertainment and Sports Law Society is holding a symposium, sponsored by the New York State Bar Association, which will discuss a topic dear to its hearts entertainment and sports law. This symposium features Mr. Keith Schulefand, a local entertainment and sports attorney and fellow University at BuffaloLaw School Alumnus, as well as one of his prominent clients, Mrs. Janet Snyder from Kiss 98.5 FM. Ms. Lynn Wolfgang, President of Entertainment the and Sports Law Society, suggests some possible topics the society plans to cover during the time allotted Mr. Maddox will discuss nego- - tiating a contract from an athlete's point of view, making the transition from college to the NFL and the draft and collective bargaining between the players association and the league. Ms. Snyder will illustrate the impact F.C.C. regulations have had oncensorship and what it is like to one of the first women with her own morning radio show. Othertopics include the practical considerations of finding jobs in the Buffalo area and finding an athlete and/ or entertainer as a client. In addition, Jean Hill from WKBW, Channel 7 will be moderating the panel. The event will be held November 18th at 7:00 pm at the Center for Tomorrow, opening with a reception beforehand at 6:15 pm. The Society's goal is to facilitate communication between local attorneys and law students. Each person whoattends will have the chance to obtain valuable information about entertainment and sports law as a legal career and make contacts with those already practicing in the field. Based on the previous successful symposiums by this organization, this event is one you should attend. UB to honor Justice Green by Ilene Fleischmann, Assistant Dean for Alumni & Communications Rw studentsare encouraged to join tivities when Hon. Samuel L. Green, a senior associate justice of the Appellate Division, Fourth Judicial Department, State Supreme Court, is presentedwith the Jaeckle Award on Saturday, November 2, by the University at Buffalo Law School and Law Alumni Association. This prestigious award will be presented to Judge Green, Class of 1967, at a noon luncheon, following the 21st Annual Alumni Convocation at ÜB's gram will address how lawyers can cope withthe constant change in today's legal environment. Topics to be discussed include marketing and practice development, computer technology, government regulation of lawyers and lawyering and disciplinary issues. The panel of experts includes special guests the Hon. Joseph J. Traficanti, deputy chief administrative judge for courts outside New York City, and Joel A. Rose of Joel A. Rose & Associates, Inc., a nationally known law office management consulting firm located n Cherry Hill, New Jersey. Local panelists nclude Paul Ivan 3irzon, an attorney in he firm ofBirzon and Center for the Arts atrium. Named for UB Davis, P.C., Jeffrey alumnus Edwin F. vl. Freedman, of JefJaeckle, Class of rey Freedman AttorSamuel Green L. 1915, the annual Sr. Associate Justice Maryanne neys, award is the highest honor bestowed by Sacamondo Freedman, of Cohen and the Law School and its Alumni AssociaLombardo, and Dan D. Kohane, of tion. The award is presented to an indiHurwitz and Fine, P.C. vidual who has distinguishedhimself or The Convocation program is being herself in the profession and has made presented by the law school and the Law significant contributions to the UB Law Alumni Association in conjunction with School and the legal profession. C. Brown & Co., Inc.; Marine Harold Judge Green is a former criminal Midland Bank; Amherst Electronics; and tense lawyer who moved steadily up Commonwealth LandTitle InsuranceCo. the ranks. He began hisjudicial career in is a topic all law students Buffalo City Court in 1973 and went to interested in, regardless of uld be the State Supreme Court, Eighth Judiarea of practice," said Ilene their future cial District, in 1978. He was named to Fleischmann, executive director of the the Appellate Division in 1983. At that Law Alumni Association, "And the time, he was the first African-American JaeckleAward luncheon is a great way to to be named a New York State appellate network with our older, more established judge outside the New York City area. I hope our students take advanHe has been recommended twice by the ofthis wonderful opportunity." Commission on Judicial Nomination to For more information, contact the State's Court of Appeals. schmann at 645-2107 or in Room topic ofthe morning-long Edu3O9.The first fifty law students who sign ional Convocation (8:30 a.m.-noon) up in the Alumni Office (Room 309) are will be "The Challenge of Change: Keepinvited to attend for just $5 each. ing Current and Competitive." The pro- t K'This trini. �FEATURES October 30, 1996 THE OPINION DA packs powerful punch Attorney Sarah Buel fights back for battered women by Leonard Heyman, StaffReporter Every attorney who works in the field of domesticviolence should know the name Sarah Buel. Aside from her job as part-time assistant D.A. of Norfolk County outside Boston, she is, "arguably the country's sharpest weapon against domestic violence," according to David Adams, Ed.D., a psychologist whoruns the first and possibly best counseling program set up in the United States for men who batter. How she, a victim of domestic violence has become an influential leader on the issue of battered women, who accepts invitations to train judges, police officers, and prosecutors, who has testified before Congress, who introducedthe president ofthe U.S. at a press conference last spring when the federal government set up the new Violence Against Women Office, who is pictured on the cover ofthe July 1996 edition of theABA' sjournal, whowonABA's 'Top 20 Lawyers Award" in 1992 and has received many other similarawards, who has spoken on domestic violence in every state in the country and trained thousands of people, including physicians, lawyers, court personnel andsocial workers, about detecting and preventing domestic violence, whose name results in 6,786 hits when entered in the "Yahoo!" search engine on the web (for compari- son, "Hillary Clinton" begets 11,035 hits; "Janet Reno" 59,425), and who is a Harvard Law cum laude graduate--from working as a governess. She saw Perry Mason on TV and decided that she wanted to be an attorney. The next year Buel bounced around to four different schools and families, including her mother's. "I was told I wasn't smart enough. So, I refused to learn how to type." meager beginnings, where shewas on the receiving end of domestic violence and, upon leaving her batterer, stood in line for welfare, is a story worth knowing and repeating. Buel 's infatuation withlaw began at age 12, when she won a refund from an auto mechanic who hadcheated mother. Buel realized that law was a sword she could brandish to right wrongs. In the seventh grade, Buel was put on a secretarial track instead. She says, "I was told I wasn't smart enough. So I refused to learn how to type." When she was 14, her parents divorced. Rather than choose which one to live with (her siblings split evenly), Buel went to New York. She went to school, at first, while However, she eventually went back New York, where she had relatives, to and began a very erraticcourse through high school, cutting class and shoplifting with a cousin. By the time she was 22, Buel was an abused woman. It started when her partner called her a liar and slapped her across the facewhen she deniedthinking of her old boyfriend when listening to a song on the radio. She says that the verbal and psychological abuse was more damaging than the physical abuse. "He always said I looked frumpy aad dumpy. He was enraged itI bought the New YorkTimes." He read the tabloid Daily News. "'lsn't it good enough for you?' he demanded. He was extremely jealous. If I so much as commented on, say a man's coat, he'd accuse me ofwanting an affair and flirting," she told Psychology Today. She added, "I didn't cook like his mother, clean like his mother. By the time I left I thought, 'the onlything I do well is, I'm a good mother.'" Buel left her abuser and got a job in a shoe factory. However, the wage was See DA pg 8. Domestic Violence Awareness Month by Leonard Heyman, » StaffReporter October is Domestic Violence reness Month. In observance ofthis occasion, the Domestic Violence Task Force set up a table in the student lounge areaof O'Brian Hall in the beginning of the month with T-Shirts painted with Anti-Violence slogans. The T-shirts were a part of a national project, called "The Clothesline Project." The Clothesline Project began in 1990, when thirty-one T-shirts were hung by a clothesline in Hyannis, Massachusetts in the Fall of 1990. The shirts are decorated by individual survivors of violence against women, or by those who care about a victim of violence against women. WhiteT-shirts represent someone who died from violence; yellow or beige represent woman who have been battered or assaulted; red, pink, or orange T-shirts represent individuals whohave been raped or sexually assaulted; blue or green T-shirts represent women survivors ofincest or child sexual abuse; and purple or lavender T-shirts woman attacked because of r sexual orientation. The T-shirts educate, document,and raise society's awareness ofthe extent of the problem of violence against woman, as well as help in the healing process for people who have lost a loved one or are of this type of violence. Jen DeCarli, Co-President of eesent Ks the Domestic Violence Task Force, adds, "the shirts help to personalize their expeThe Domestic Viorience." lence Task Force, does much more than manage a display for the Clothesline Project. The organization runs an advocacy program in the Family Courts in Lockport and in Niagara Falls. This program helps women obtain orders of protection through family court. According to DeCarli.you don't need to be an attor- clean clothing are collected for victims of domesticviolence; an education com- mittee in whichlaw students go to local schools and speak about domestic violence and tell children where they could get help if they or someone they know lives in a violent home. TheTask Force also justcompleted a successful fundraiser in which they hosted a softball tournament. DeCarli was grateful for the amount of support shown during the lMuanirthndraiser and for hose who volungoes to the helters and summer ie money NEW LAWS lince January 1,1996 three new laws relating to domestic vioby lence have been put into effect in the state of New York. 1. As of January 1, 1996, police must make an arrest in domestic violence cases in which there is evidence of a felony, regardless of the victim's wishes on the matter. If there is evidence of a misdemeanor and the victim specifically doesn't want an arrest, Sami Phot ney to be an advocate, but you do need to be trained. She also said that 15 law students attended a training session in September, but that only about half the students involved withthe Domestic Violence Task Force are trained. The other half participate in a community outreach committee which helps promote public awareness of the problems ofdomestic violence; a Needs drive, in which blankets, toiletries, food, and 7 Violent Life styles of the Rich and Famous by Leonard Heyman, StaffReporter Lest anyone believe that domestic violence occurs only among the poor, indigent, and ignorant, headlines in the past year prove that it occurs also among the rich and famous. Def Leppard musician Richard Alien, 32, pled guilty on August 6,1996 in Los Angeles to beating his wife. The one-armed percussionist was sentenced to 30 days on a graffiti-removal ctew, and ordered to filet and pay for MTV public-service spots admitting hiscmnc. Christian singer Susie Luchsinger (sister of country-music star Reba Mclntyre) and her husband, Paul Luchsinger, have gone public with the fad that Paul used to physically abuse his wife, but has managed to rehabilitate himself with the helpofaChristian counselor. Bonnie Pointer, former member of thePointer Sisters, wantsbattery charges dropped against her husband, Bownes. According to a February 12,1996article in J<2fmagazine, Bonnie Pointer and her husband fought duringa holiday party at June Pointer's (Bonnie's sister) Hollywood Hills home in California. When June came to help her sister, Bownes hit her, breaking her nose. If convicted, Bownes could face two years in jail. Bonnie wants the matter dropped so she and her husband can resume work on anew album. LaToya Jackson filed a multimillion dollar gender-based violence suit against estranged husband/manager Jack Gordon. Jackson filed for divorcefrom Gordon six weeks before the lawsuit. It alleges that there were numerous incidents both beforeandfollowing their marriage in 1989 where defendant Gordon beat and struck Jackson with his fists, hands, feetand objects resulting in contusions, lacerations, abrasions and severe injuries to Jackson. Jackson's attorney, Oxman, toldJet Magazine that Gordon beat her repeatedly to try to force her to perform in the nude at various clubs around the world. He claims that in 1993 when Ms. Jackson posed nude for Playboy Magazine and video, she was against the idea, but Gordon beat her into submission. He said that Gordon also controlled her finances as well as other aspects of her life. Do it Right. the police do not. See New Laws, pg 9. — ***&** —^i— The Power Of Experience �THE OPINION 8 Buel, FEATURES continued from page 7 so low she could not pay both the rent and a baby-sitter, so she went back. "I went back because he said he was sorry, it'll never happen again. When I realized it wasn't true, I left again." She took a bus to New Hampshire, where her wanted to become a prosecutor to make sure that batterers would be held accountable for assaulting others. She never had any intention of speaking publicly about her own abuse. "Sometimes I hate talking about it," she mother lived—but it did not work out. Her mother was living on a remote farm, she had no car, and her son was allergic to the animals. Still, she never went back to her abuser. Instead she stood on a welfare line with three kids—her own son and two foster children she was raising. Her goal was to go to law school, but she had no idea how to get there. She didnot know that you had to go to college to go to law school. So, in 1977, after two months on welfare, Buel entered a federally funded job-training programthat, despiteher awful typing, landed her in a legal services office. Eventually, she became a paralegal aide and began helping domestic violence victims. In 1980,she started seven years of undergraduate study. She began at Columbia University on scholarship, which necessitated "nine horrible months" in a drug-ridden building in New Yorkwhile on welfare, so she could spend her evenings with her son. Then she returned to New England and attended Harvard Extension School two nights a week. She did well. She also worked as a women's advocate in federal legal services offices, first in New Hampshire, then in Lowell, Massachusetts. She graduated from Harvard Law School, cum laude. She says. "I just want people to see me as the best trial lawyer." "In all the time she workedfor us," recalls her former boss, lawyer Mark Larsen, now in private practice in New Hampshire, "we never knew she had a "/ decidedI had an obligation to speak up. It's a powerful tool." problem with domestic violence." It started accidentally: She was in a court hallway withsome police officers on a domestic violence case. The Chief Officer said, "a smart womanlike you would never let this happen." "Well, it did happen," she told him, challenging his blame-the-victim tone. He invited her to trainhis force on handling domestic violence. "It changed things completely," she says. "I decided I had an obligation to speak up. It's a powerful tool." She has not stopped speaking up. Her nonstop schedule and her willingness to speak to anyone who will listen have made her a recognizable leading women in trouble can find her. Example: In a press conference in Tampa in 1994, she chastised Hillsborough County state attorney Harry Lee Coe for sayingthat he saw his goal as keeping families together. Buel said his goal was a "dangerous, misguided notion." The press had a field day, but Buel says she does not regret speaking out. "I'd have hated to be a battered woman living in Tampa." She says that since then, they have accomplished much. Buel credits her unusually diversified approach to domestic violence to WilliamDelahunt, tier boss and district attorney in Quincy. She says, "He has allowed me to challenge the conventional notion ofwhat our job is." For his part, he says, "She is the driving force, the passion, the source ofenergy in this office." Adding, "When you have a special employee, you do what you can to keep her." spite of her boss' eagerness to p her in Quincy, she may have already left, since she had plans this past June to move to Austin, Texas, with her fiance. When Buel recently met with two Harvard graduates about a fledgling organization they had formed called the Women's Rights Network, the students complained to Buel that their school has cut funding forlaw clinics. These clinics are needed now more than ever as the public sector cuts back, in spite of a 2L Spends Summer in Poland Student tells of experience at Women's Rights Center by Kristin Greeley, News Editor F2L Kristin Long lived an adventure lifetime this past summer when she spent eight weeks working at the Women's Rights Center in Warsaw, Poland. The Center is the only organization in Poland to deal specifically with legal work for women's issues. The internship was estabhed through Professor Isabel Marcus, and was funded by BPILP and Circles. Each year, Professor Marcus tries to send at least one law student to EasternEurope, usuallyPoland. Additional funds were collected through the sale of Polish the- has also been a large force, both socially and politically in Poland. This has also served to push women's issues from the forefront of attention. I Buffalo. Women's Rights Cena diligent advocate for equal status andopportunities for women and men in public life and within the family." The Center focuses on issues relating to domestic violence, but also deals with employment discrimination, sexual harrassment and divorce. Long says that there are many reasons why womens' issues have not been addressed in Eastern Europe. The main reason is that domestic violence, sexual and employment discrimiare not widely discussed. TradiV, the Roman Catholic Church ■ment, recently coming from the local governments. Obtaining funding for the Center is always an ongoing project. There is only one attorney on staff at the Center. Many attorneys work pro bono. Long'sworkinPoland centeredaround translating brochures and correspondence into English, and compiling material on domestic violence from the United States for future use. One project the Cener is currently spearheads nvolves training ofpolice fficers and judges on how o deal with domestic vioence cases properly. Additionally, Long lelped organize a confernce about the changing leal systems in Central and Eastern Europe as they pertain to women's issues. About seventy people participated in the conference, including representatives from the World Bank, Procter and Gamble, and many Western European governments. The goal of the conference was to help agencies in Eastern and Central European countries gain contacts in the West and acquire models after which to fashion their own reforms. Long says that there are many groups throughout Poland that are working for goals similar to those of the jFrtoDyTSaMlui ater posters at Talking Leaves Bookstore, 3158 Main Street, Wie October 30, 1996 Kristin Long, 2L In addition, there is a general public distrust of the court system. Therefore, people are not as likely to enter into lawsuits as they are in the United States. Also, Poland is a Code Country: there are no precedents regarding novel legal issues such as employment discrimination or sexual harrassment. Accordingly, Long says The Women's Rights Center does not receive much funding from within Poland. Much of their funding comes from the West, especially Germany, with some budget surplus. One of them even chided, "They'll no doubt use the money to put in more rosewood desks." When reminded that the credibility of a Harvard Law degree compels the attention of so many others, Buel responded that, "also pisses me off. People who wouldn't pay attention to me before suddenly hang on every word." The preceding article was written with information found in the May-June 1996 issue of Psychology Today. Kicking, continued from page 1 tion." The Women's Law Center is not as restricted in its client base as NLS of VLP< They take cases from people wifh a income of 125-200% of the poverty level. They do charge for their services, but fees are on a sliding scale basis. Funding for public interest groups such as these has generally decreased in recent years. Less than a year ago. Congress was talking ofcompletely defunding Volunteer Legal Services. Morgenheim explained, "Congress has always been hostile to the impact work we do." Under new regulations NLS can no longer bring class action suits or l>c engaged in lobbying However, this trend has changed in recent months. The NLS received a 1.7% increase to its $2.5 million dollar budget for 1997. Elardo believes that, "The symbolism of this is immense." Traditional sources of funding such as lOLA.(Interest onLawyers' Accounts} and NYS grants have increased also, indicating a promising future for public interest law. Center. However, these groups tend not to work collectively to achieve their goals. If they did, Long says, more progress would be made. Professor Marcus will begin accepting applications sometime this semester from students interested in going to Poland next summer, Long says. Polish theater posters .are on sale now at Talking Leaves to help fund next summer's internship. In addition, the Association ofWomen Law Students is collecting old computer equipment of any sort, books about women's issues, and popular novels for use in Eastern Europe. Donations may be brought to Room 312. For more information, contact Kristin Long, Box #441. ATTENTION CLASS OF 1997! OCTOBER 5 I IJ THE Bflß/BRI ICIIOUIRSIIIP DEIIDUfIE THE HMIHUH AM$ X OSO Off yoi/R B4R/gmi/moN. jro/>gyTf/e»>R/g0 wgi£ I f mfiiisi ; �THE OPINION October 30, 1996 Hallowe'en History by S.A. Cole, Assistant News Editor Brick-or-Treat is here, which means ie for another seasonal melding of Christianand down-home pagan festivity. From the Christmas Tree to the Easter Bunny, conventional American holidays are a blend ofthe old and the new, with All Hallow's Eve, or Hallowe'en, being the quintessential example. The hybrid that is the modern Hollowe'en is a judicious blend of Bacchanalian festivity, All-Saint's celebration, and shrewd business sense on the part of candy and costume manufacturers. To trace the evolution, one must start with theancient rite of harvest festivals. Celebrated from time immemorial (as any good wiccan can tell you), the harvest celebration eventually became the Bacchanal bash of wine and death. Like thevines that produce the wine, Bacchus dies in the fall. Thus, fall is a good time to get drunk and lachrymose about your deadrelatives. At least, that's what the Romans thought (so did the Greeks, but let's not get too Dionesianly pedantic here). kWhat complicated the matter was tendency of the dead to stick around for the party. So in a flurry of pagan utilitarianism, the ancients used masquerade parties to shake it down while simultaneously scaring thedeadback to where they belonged It was a X^ success is West. 4-a The path to MPK Of course, that sort of fun could never last, and eventually the Catholic Church got its hands onthe heathen ritual, turning it into a celebration of the saints honored by the Church. November 1 is All Saint's Day, a holy day in the Church. It was also a time to honor one's own dead (people still got to wear costumes 'cause it was fun) hence, November 2 is All Soul's Day in the Church. - Modern Hallowe'en didn't kick off until well into the twentieth century. Puritans got here first (well, among Hallowe'en cognoscenti), and they frowned on things like excessive candy consumption and dressing up like Satan. So here we are. After centuries of superstitious, worshipful, and dead-oriented activity, you can now dress up like a 9 Efficient and effective. 'Jesißars expcn iec:ure\ nuienais and extensive practice lesiina prepare you io achieve your besi result* on the Mnitisiaie Professional Responsibiluy E.um. The first seven days make all the difference. Re\iew were viulusuie R;ir E«un subien before your bar course beans. Drill in rhe iiuior rules and oam-iakinc iediniques yon need lor MBE success. Diagnostic feedback irom pracuce lest f(H*uses your VIBE siud\ . Wesfßar lectures They tell you what you need to know. and experience. Drauing upon thoir U'esißarlecnirer help >ou concentrate your stiid'.mg on lopio most Ukcly lo be lesied in each . Multistat? and Practice. Practice. Practice. Lxam-'invcn practice "*orkshops 'or '.he MRF .uul stale daw 51 .ire key ;o your bar exarr meets; W Maximize '.our score will". ttesißars proven test- *:ikinc techniques for multiple choice. performance lesi qwsions. WESTWeek , Wesrßar Workshops -?ssa\ and WEST Ware Customize yeur practice testing. ViiilUsiaie ie«uns scrware adds j-,.:iner .limension 10 Wur review, .vieci question! 'used on .iifficuirt |Pc is cpeaSc >übiopics. closely monitor ume ~n nch quesuon iid on 'olal Simulated Bar Exam Test-drive your exam performance. TeS -our endurance andexani- akinc deasion; under ame pressure An opportunity !o ane'une your Bar techniques .md gain :he confidence :h:u !e,ids to success subjecl. Wesfßar Materials The best in bar review. Innovative features show you how ;o aei the mos t |. « l i J out of substantive ouiiines ;n me leisi ume. Icons iabel hot topics, maior rules and ke> areas to lUghliaht for review-. West BIW RciieiC... yol{r par t,wr jn SIICCeSS 1-888-Bar£xam .- 888 227 3926) hHp://www.lawschool.com / ' West Teenage Mutant Ninja Turtle and rot your teeth with Mars bars. Just be sure you check for razor blades in your candy, just like the ancients. What Do You Think??? Please fill-out and return to box 755, or the Opinion Office, 7 O'Brian. 3) Please rate on a scale of one to five (One being more annoying than the senile 85 year old going fifteen miles per houT in a fifty-five mile per hour speed zone in front' of your car when you're late, and five being as annoying as a swarm ofbugs on a nice' summer night.) Ross Perot campaign commercials Local Candidate commercials Tele-campaigning calls during dinner time THE JUNK MAIL Wives of presidential candidates setting fashion trends 1) For whom would you vote?(Please check one!) Clinton Dole Perot Nader The Tick I i ■ a 2) Is mudslinging • necessary part of a campaign. (Y/N) (AKA the color yellow.) Last Issue's Poll Results: 1) How concerned are you on a scale of one to ten about the proposed tuition increase? Out of the 35 students whoresponded to our poll, only three studentsrated their concern level below 4. Thirty two students rated their concern over this issue between 5 and 10, mostly within the 6-8 range. 2) What concerns you the most? Please rate on a scale of one to five (NOTE: Not everyone rated on a consecutive number scale of 1 through 5.) 5 1 2 i icale numbers: I i) i) :) I) :) Current quality of life Paying debts off after school Further tuition increase Ability to obtain financial aid High debt load limiting job choice 5 7 3 3 5 . , :mm:m 4 5 4 3 8 7 9 9 4 4 16 7 8 6 10 11 10 9 7 3) Do you think the tuition increase is necessary? OOPSf Mike Stermcr is a 3L Class Director, Theresa Cusimano was the person quoted in the SBA story, the SBA is located in O'Brian 101, and Pru Fung never confirmed a tuition increase at the last SBA meeting. 8 Alternative candidates debate issues by SA. Cole, Assistant News Editor Earlier this month, presidential candidates from the Libertarian, Natural Law, and U.S. Taxpayers' parties metat the International Center for Economic Justice for a spirited debate and some unconventional stumping. With introductory remarks that outlined their platforms and personalities, the threecandidates put themselves far afield from their two major competitors. The Libertarian, Hary Brown, was for "Individual freedom, personal responsibility, and freedom from government." Dr. John Hegelin, the Natural Law candidate, supported a preventive, pro-active government which uses science and empiricism to address and eliminate the nation's problems. U.S. Taxpayer candidate Howard Phillips campaigned for a country that could "prohibit corrupt conduct without federal interference," and for making the United States the country God intended it to be. While the three men held widely disparate views, each staked a significant part of his platform on a goal shared by the others—drastic reduction in the size and power of government. Commenting on the mainstream debate going on between the parties, Brown, the Libertarian candidate, said, "Bill Clinton says he will hold the growth of government to twenty percent. Bob Dole says he will reduce government by allowing it to grow only fourteen percent. They define smaller government as 'I don't want it to grow as much as my opponent does.'" Natural Law candidate Dr. John Hegelin termed the current system as "a two major See Debate, page 10. Do it Once. Do it Right. NEVER Do it Again. The Power Of Experience �THE OPINION 10 Finley, October 30, 1996 continued from page 1. At 5 a.m., they were given cards indicating their number in line. They stood in line on the steps of the Court from then until 9:30a.m., when they were allowed in the courtroom. Over 200 people were in line; 37 made it into the courtroom. Sekulow and Finley arrived at the Court at about 9 a.m. Sekulow arrived with a throng of people, including a burly bodyguard. He knew many ofthose in line. Molak and McKenna were two of only a few people Professor Finley knew who were waiting in line. Molak was not impressed withthe appearance ofthe Courtroom itself. The wall behind the Justices' bench and the perpendicular walls are draped with dark red velvetcurtains with goldtassels. The ceiling has a GrecoRoman frescoe and a floral pattern. Me Kenna said that the courtroom was much smaller than she imagined. McKenna also said that the environment was very tense. She said that it would have been different if the case were not such a heated issue. "If it had just been some case I didn't know it would have been a different experience," she said. She and Molak sat in the back of the courtroom. At times, it was difficult for them to see what was going on or to see which Justice was speaking. Most spectators sat in pews, but the 37 general public attendees sat in folding chairs. No cameras, recorders, pens, pencils, or paper were allowed in the courtroom. Attorneys arguing before the Court stand behind a podium with a microphone. They see one white light which tells them how much time they have remaining. A red light indicates when their time has expired. Sekulow was first to argue. McKenna says that he had an air of of showmanship about him as he addressed the Court. of physical closeness. Counseling is a private conversation; thus, fifteen feet is too far away. Sekulow also brought up the point that many ofthe escorts wave off the counselors before they get to the women. He also noted that fifteen feet is too far away to show the women literature, especially Bible passages. According to Molak and McKenna, it was fairly obvious that Justice Scalia was trying to help Sekulow along. He asked Sekulow many questions that allowed him to convey his point. According to McKenna, Professor Finley beagan and ended her argument strongly. She presented her argument in a very straightforward manner, McKenna said. needed to be closer than fifteen feet from clinics when they (he and Sekulow) were about fifteen feet apart, and he could hear Sekulow perfectly well. Molak says that many of the Justices' questions for Sekulow were along these lines. Sekulowargued that Justice Scalia began questioning her shortly after she began her argument. His questions were "very pointed, and very, very tough" according to Molak. The Justices' questions foT Finley centered on why these women should be given the protection of a buffer zone. Finley argued that hospitals have quiet zones, and women going to these clinics should be afforded similar protections. The picture of quiet demonstrations that Sekulow painted was not accurate. The protestors, according to Finley, are oftenloud and physically threatening, thereby endangering the health ofwomen seeking medical treatment. After the arguments, the attorneys held a press conference on the steps ofthe Court. Sekulow spoke for a long time, and fielded many questions. Finley, for her part, refuted Sekulow's claim that this case is primarily a First amendment case. She said his characterization of the issue and the nature of the incidents leading up to the case were incorrect. The issue is the fact that women seeking medical services are being harassed and threatened, Finley said. Areception sponsored by theNational Organization for Women followed the arguments. Finley said that shefelt the arguments went well, and that the Justices could have been a lot tougher on her. Molak says she would not want to predict the outcome ofthe case. Molak and McKenna both saidthat it is possible the case will be remanded to the Second Circuit, sincea major part of Finley's argument was that the Court did not have jurisdiction to hear the case. McKenna said that she got the impression that many of the justices hadalready made uptheir minds, and didnot different kinds of conversations warrant different levels seem especialy receptive to Finley's arguments. The Justices allowed him to delve deeply into his argument before they began questioning him. Chief Justice Rehnquist was the first to speak, asking Sekulow to lower his vioce, since he had a microphone and could be heard well. Justice Breyer took this commment as a cue to ask the first question. He asked Sekulow why protestors With Extra Butter...2 Days in the Valley by Kristin Allen and Scott Frycek, Features Writers HIS-There's nothing I like better than a movie that makes me feel like I'm riding Space Mountain at Disney World. That's why, I thoroughly enjoyed 2 Days in the Valley. This sexy, fast paced romp through Southern California will leave you begging for more once you gather breath. The movie centers around the bizarre shooting ofRoy a couple ofcold blooded killers and a pissed off ex-wife (I don't which is worse). Amazingly, the lives of seven people and two dogs become intertwined in this central event. Although at first the viewer feels like this film consists offour separate segues, eventually 2 Days weaves itself into a single masterpiece. There is so much to like about this movie, that I only have enough room to hit on some of the highlights. For one thing, 2 Days has the single most violent "cat fight" I've ever seen. I loved watching Lois Lane take out the voluptuous Viking with a boot to the head. In addition, Danny Aiello's bumbling bad guy routine was hilarious. The scene where he holds the art dealer and company hostage reminded me of several family reunions I have witnessed in my life. The only character that should have been developed more was the detective dude I like to call "the beard." He comes into your life, breaks your heart and then leaves(just like so many ex-girlfriends). All in all, 2 Days in the Valley is a raucous affair. I highly recommend that all you future shysters get away from your books for a while, hop on the roller coaster and ride down into "The Valley." In » Rating: 3 and a half gavels HERS--2 Days in the Valley in one wora is awesome. When I entered the theater I didn't expect more than a Pulp Fiction and in the beginning with its channel g like theme, I figured my expectations were correct. Kabe Surprisingly though, itis action filled, humorous and compassionate. I mean, you have to respect a movie that mentions the dogs in the credits. The movie is composed of at least four different plots which all come together in the end. First, a few words of caution. Don't see this movie with mother. In addition to the excessive blood, there is quite an explicit sex scene with James Spader's character and "Helga" (need I say more). The main plot involves Teri Hatcher's character, a rather bitter Olympic skier who pays $30,000 to have her exhusband killed. I couldn't help but wonder, what would Superman think? But after a rough "cat fight" between Teri and "Helga," I realized that Teri would be just fine without good ole Clark Kent. From beginning to end, whenever Danny Aiello is on the screen you will do nothing but laugh. His interaction with his snotty art dealer hostage will bring tears to your eyes. However, Eric Stoltz's portrayal of a vice cop with a true dream to be a homicide detective was less impressive. To tell you the truth, all that is memorable from his performance is his height. He seems so little in this movie. Jeff Daniels' portrayal of a hotheaded cop who lost his wife, kid and jobdefinitely pulls on the heart strings, but is also truly problematic. By the end of the film, all of the characters lives are resolved but his. You literally wait while the credits are rolling to see if something else happens. It is almost as if the writers left something out. This movie will not change your life, provide you with deep thoughts, or motivate you to save the world. But it is pure entertainment. 2 Days in the Valley simply touches each one of your emotions and leaves you smiling. Rating: 3 gavels Legend 4 gavels = a must see 3 gavels = worthy 2 gavels = if someone else is paying 1 gavel = waste of time and money Debate, continued from page 9 vacuum of government." Taxpayers" candidate Phillips evoked the Revolutionary War. stating that The war of American independence was fought so the people could govern themselves." These were the only similarities. Answering questions with a specificity availiable to those stumping from smaller platforms, the candidates squared off to tackle issues of foreign trade, access to Presidential debates, urban poverty, welfare, and taxes. Phillips quickly announced his intention to climate funding for AIDS research, as he felt such funding supported the "gay agenda." Brown revealed his plan to end wejfare-as anyone would ever know it. Hagelin outlined his fifty-part action plan to revitalize America, with emphasis on prevention and education. The first question asked the candidates their stance on government funds used to aid the development of foreign markets. Brown answered "There is no reason why our government shouldbe. finding markets abroad." He stressed that an open market would preclude the need for government aid in establishing businesses outside the country. Hegelin linked such efforts to special interest groups in Washington, saying that when :ht problem of special interests' influence was quashed, the issue would disappear Phillips said: "Excise taxes arc not covered in the constitutional functions of government." He spoke scornfully ot NAFTA, and said the U.S market must be protected from foreign competition. Continuing this theme, the next question directly adressed NAFTA and how much ofa threat it poses tothe economy Brown played simply stated that one "should be able to make a deal when you want and with who you want." Hegeiin found NAFTA "not overly burdensome." and advocated tree trade; with a few extra seconds, he sketched out his ten percent flat tax. Phillips staunchly deplored tree trade, linking increased drug use in the United States to the 1965 loosening oftrade policies with Mexico. A question about access to debates brought out the difficulty of running on a so-called "third party" platform. Brown took ontlie "wasted vote" argument, saying that a vote for other parties put them on the ballot, and thus sent a message to the nation that things might not always be so bipartisan. True to his policies of less government regulation, he didn't feel that legislation should force access to debates, or limit campaign spending. Hegelin. who hadjoined Ross Perot in his lawsuit to be included in the major debates, felt that government could be used as a watchdog upon itself, with safeguards and regulations ensuring proper representation of candidates. Phillips deplored federal matching funds, saying "the biggest PAC in America is governement," and felt that access should be fought for. not enforced. The questions then turned to poverty and the condition of America's cities. Brown credited the demise of altruism in America to government's efforts to be a great society. Analyzing the problem from its roots, Hegelin did not believe that welfare reform is the answer, but rather the creation of jobsLs. Phillips turnedthe question into a comment on welfare only, saying that "The government has no right to pick our pockets." All this eschewing of taxation was directly adressed as the panel asked which federal programs the candidates would eliminate. Brown began "There's not enough time for me to list the programs I would cut," but then listed a number of education, housing, transportation, crime control, and drug control efforts he would eliminate. Hegelin attacked the question from the rear. "The Natural Law Party doesn't dismantle, we solve the problems these programs were responding to." Phillips used the question to get biblical, asking if he was his brother's keeper, and working his pro-life stance into the answer. The dehate ended with a question about abortion and gay rights Phillips began the closing statments by announcing his desire to end all legal abortion, and reiterated his stance on AIDS research Hegelin answered that most abortions could be prevented by eduction, that he would like to see less of it, and a general effort to educate citizens as thoroughly as possible could make America a more diverse and tolerant nation. Brown announced his own pro-life feelings, but said he believed that government had no business regulating it, "Given the record, the way government bungles things, more regulation of abortion would confuse men into having abortions." �THE OPINION October 30, 1996 W L Cultural Images BAR REVIEW 75% 11 V 7>PJ The Docket of Evil will be held Wednesday, October 30 from 7pm to 9pm in the Student Union, room 145A. Professor Phillip Stevens, Ph.D. and associate professor of anthropology at ÜB, will present a lecture regarding witches, sorcerers, vampires, werewolves and other characters associated with Halloween. Reasons why evil is associated with Halloween and how other cultures represent evil will also be discussed. Announce your group meetings and events. Drop a tine into Box 755. call the Opinion at 645-2147, or send your information via em ail: j\ wturphvOi acsu. buffa 10.edu GIVE 8L00D... IT'S FORA GOOD Volunteers sought by SBA CAUSE UB Law School will sponsor a Blood Drive on Tuesday, November 5,1996 from 1lam to 4 pm in the in the Social Hall of the Student Union. Those who wish to donate can sign up for an appointment at the SBA office (101 O'Brian Hall). Foundation Grant to Aid Students' s Study ofPublic InterestLaw Charles H. Revson Foundaliort has made a grant lo Yew York University School ofLaw for the Charles H. Revson Law Students Public Interest Fellowship Program for the summer of 1997. The program will provide grants for ILs and 2Ls to work withpublic interest law in the New York metropolitan area. Approximately 42 $3,250 grants will be awarded to students attending law School in New York and New Jersey for ten weeks offull-time summer work. Applications and more detailed information wasforwarded to the Carreer Development Office. Halloween Party The SBA and BAR BRI Bar Reveiw are sponsoring a Halloween Party on Wednesday, October 30 starting at 8:30 pm until whenever at the King Snake Lounge on Chippewa Street in Downtown Buffalo. The Student Bar Association will be participating in a program developed by kids Voting USA. This is a not-for-profit organization dedicated to teaching young people the importance of their role in our democracy. Students will cast their ownballots to on Election Day and the results are tabulated just as official results are! The goal is to teach children the importance of voting and to ultimately increase adult voter turnout. It was developed in 16988 by three Arizona businessmen in a subarta of Phoenix. By 1990, the program was adopted statewide and in 1995 over 40 states across the country participated, this year New York State will jointhe programand Western New Yorkwillbe the pilot program for the entire state. To participate in this program, a polling place has been adopted in North Buffalo. Ten to twelve olunteers are needed to help organize and staffthe polling place. This is Only one day in the year. The available shifts are as follows: 6am 9 am, 9am -Noon, 12 pm -3 pm, 3 pm *6pm and 6pm-9pm. Ideally two volunteers are needed for each shift with additional volunteers needed to help at the tabulation center. If you are interesetedin participating in this program, please sign up for a slot on the door of the SBA office (101 O'Brian Hall). Please sign up by noon oh Friday, November 1,1996. If you would like more information or have any questions please call the SBA office at 645-2748. - �ADVERTISEMENT THE OPINION 12 P October 30, 1996 ■! BAR REVIEW H In celebration of EH our 25th year of preparing candidates for the New York Bar Exam, HjBAR/BRI Bar Review invites you to submit essay describing: X ffl ffl ■« ffl jj FD ■L H Entry is open to all students currently enrolled in law schools in New York, New Jersey, Connecticut, Massachusetts, Maine, New Hampshire, Rhode Island and Vermont. Entrants must submit a 200-250 word essay. describing the most significant legal event of the past 25 years. Hβ . 1C FIRST RUNNER-UP: $1000 $250 Lfl SECOND & THIRD RUNNERS-UP: Ln RUNNERS-UP 5-25: $250 BAR/BRI Bar Review scholarship Lfl ■ B Most Significant Legal Event Of The Past 25 Years $2500 & a FREE BAR/BRI Bar Review m anH] W GRAND PRIZE: Mβ W The LM Lfl Kj course & a $500 BAR/BRI Bar Review scholarship & a $250 BAR/BRI Bar Review scholarship ALL good faith entrants other than the top 25 prize winners will be awarded a $25 BAR/BRI Bar Review scholarship. The Power Of Experience For More Information, Stop by the BAR/BRI Table at your Law School S ffl PC pU wq CW PU Ln LJ ■n ■■ PQ Lfl PL � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Opinion, 1996-10-30 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. The Opinion no. 4 30.10.1996 Date Issued Date of formal issuance (e.g., publication) of the resource. 10/30/1996 Bibliographic Citation A bibliographic reference for the resource. Recommended practice is to include sufficient bibliographic detail to identify the resource as unambiguously as possible. 37 4 Publisher An entity responsible for making the resource available University of Buffalo State University of New York at Buffalo Law School Language A language of the resource eng Type The nature or genre of the resource Newspapers Text Is Part Of A related resource in which the described resource is physically or logically included. LIB-LAW003 Rights Information about rights held in and over the resource <a href="https://rightsstatements.org/page/CNE/1.0/">COPYRIGHT NOT EVALUATED</a>. The copyright and related rights status of this Item has not been evaluated. Please refer to the organization that has made the Item available for more information. You are free to use this Item in any way that is permitted by the copyright and related rights legislation that applies to your use. This digital collection is made available for research and educational purposes. Researchers are responsible for determining copyright status, and securing permissions for use and publication of any material. Copyright for items in this collection may be held by the creators, their heirs, or assigns. Researchers are required to obtain written permission from copyright holders and the University Archives prior to reproducing or publishing materials, including images and quotations. For inquiries about reproduction requests and permissions, please contact the <a href="http://library.buffalo.edu/archives/">University Archives</a>. If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/fdffa377ca363a60b298f7495f54903f.pdf 930025071b2897632f36cc72b64664c6 PDF Text Text J I NEWS Tuition hike slaps students, See pages 1 and U. 1J I OP\ED Stolen Kiss Catastrophe! I J FEATURES I Children and concealed weapons, See page 8. Bringing the issues to thestudents since 1949 THE OPINION Volume 37, No. 3 STATE UNIVERSITY OF NEW YORK AT BUFFALO SCHOOL OF LAW Tuition takes a hike .. by Leonard Heyman, News Writer AGAIN.'! Tuition Up The decision by SUNY Cen- tral and the Board of Trustees to increase tuition at UB Law, while upsetting to both students and administration, is necessary according to Dean Barry Boyer. of curriculum that have been developed for the law school. These pieces include the smaller Research and Writing classes, the clinical programs, the new Perspectives course, upperdivision bridge courses, and the ability to replace key faculty mem- ' rather than channeled through Albany. Dr. Marlene Cook, Associate Dean forResources, explained that currently, all tuition for all the SUNY schools throughoutthe state go to Albany, where it's mixed with state money. Then, through a set of complicated formu- -1 a s which takeinto "The account a series Leone David Graphic jected sense that I've been trying to convey is that it's not a S. by happy thing to do, but Students Bar Association Gets New Members and Fresh Ideas by Rochelle Jackson, Layout Editor Envoking a well-known constitutionalright, students cast then votes for the class representatives. Voter turn-out however, was uncharacteristically poor. Studeiits elected classrepresentatives to serve as their liasions with SBA. Location of the locker, condition ofthe basement, lack ofunity due to sectional division, a faculty-mentorship program, and tfi£ poor condition of student lounges were some of the concerns raised specifically by IL's Students voted on September 26th and 27th outside the Law Library, And the results are in: 1L Class Directors: of fac- Kevin Clor Nil ole Graci Tonya Guzman Amy Martoche Maurice McNab Brenda L. Torres which cost of each to do [to keep the new curriculum]," Dean Boyer said, adding that it's not a question offunding add-ons, but a question of preserving large pieces bers who are lost due to attrition. According to the recommendation,theadditional revenue generated by the increase in tuition will be kept by the University, 2L Class Directors: Amy Dv Vail GregMattacola sped to the other schools, the money is Bahaati Pitt Theresa Wolniewicz Joseph Reynolds See Tuition hike, page 11 Nathan VanLoon 3L Class Directors: Alfredo Acevedo Michael Beckelman Jim Flanders Mercedes Lindao Julie Rosenberg SBA holds Ist meeting by S.A. Cole, Asst. News Editor Welcoming new members and voting onthis year's Barrister's Ball location began the Student Bar Association first meeting of the semester October 1,1996. The meeting was chaired by SBAPresident Prudence Fung. Roll call established the attendence of every representative for 1 and 2L's, with new member Jim Flanders the only representative present for third-year students. SBA President Prudence Fung, Vice President George Ham Boussi, Treasurer BariLevant, and Parliamentarian Pete Thompson facilitated the proceedings. After a volley of introductions, the first order of business was a report by the members of the Executive Board. Fung began her President's report withthe now-confirmed Law School tuition increase, instruct- ing representatives to inform concerned constitutents that the tuition hike will be effective next semester. Relating a discussion she had with Thompson, Levant, and Dean Carrell, Fung expressed her feeling that the increase "is a necessity" for raising the prestige of the school. Noting that the administration is working on an automatic adjustment offinancial aidto compensate for the increase, Fung acknowledged that the new tuition might not be awelcome announcement, but stressed its importance. The new curriculum, including the smaller classes for lL's in Research and Writing, has put stress on a system already working at a deficit. Corroborating Fung's conviction that the increase is a necessity, Executive Board members informed representatives that the additional money won't go into the "SUNY pool," but will be retained by the law school. The funds will gotoward increasedpay for professors, improved facilities, and expansion of student re•sources, such as the placement office. The second item Fung addressed was the opening of the Commencement Committee to all 3L's. She portrayed this move as a compromise between the com- October 9,1996 Your student representative is your voice Voice your concerns and suggestions to them. They can be contacted by leaving a message in their mail boxes or the SBA Office, Rm 507. The Opinion Moves Again! mittee as it stands and students who were perturbed by the exclu- sive nature ofthe body. Following this brief announcement, Vice President George Hamßoussi gave his report, entreating new members to help out Mike Beckelman on the Social Committee. He stressed that Beckelman stands alone on See SBA, page 10 itlit§. , Nuw Office JLaeated in O'Brian Hall, Basement Rra 7, ', i �THE OPINION October 9, 1996 2 HONORARY DEGREES GRANTED TO KNOXES Buffalo Chips A SUNY honorary doctorate in humane letters was presented to Northrup R. Knox, and a SUNY honorary doctorate in humane letters was awarded posthumously Buffalo: Metro or Receivorship? by Terrence McNamara, News Reporter Buffalo City Comptroller Joel Giambra has an idea that is getting next to no support from his fellow officeholders: save money in this community by regional- izing government responsibilities. In concept, it's fairly simple. Political reality says that the idea is going nowhere fast. The City has been hemorraging jobs andpopulation for over thirty years now, to the point where over thirty percent of the City's land is no longer on the tax rolls. Every gimmick in the book has been employed or considered over the years to keep the City afloat. For example: doubling up the use of garbage trucks to serve as snowplows to selling offthe water infrastructure and creating a Water Authority, consolidating the police department's precinct houses into larger Districts, creating singleofficer patrols, and charging nonprofits for their garbage collection for the first time. Unfortunately, the City's politicians refuse to accept reality: we have too few people paying taxes to maintain even minimal services for many more years. Last year, Mayor Masiello reached out to four of the major unions (fire, police, blue collar and white collar) for their imput on trying to save as many jobs as possible while balancing the books. With the exception of the white collar union, everyone told Masiello to take a flying... leap. There's opposition in all corners to consolidation with the suburbs: inner-city leaders have opposed it because of (probably justified) fears of layoffs of minorities currently employed by the City. Union leadership can't sell the current proposition, simply negotiating with the Mayor's office, to their members without fear of losing their presidential paychecks. Why would they even try to sell consolidation, which would almost assuredly require layoffs? Suburban leaders would have to convince their constituencies that the high taxes that they currently pay for their superior services would not be increased further to subsidize the City. What the unions refuse to acknowledge is that if the City goes belly-up, their contracts could be ripped up. If that happens, a fiscal oversight board from Albany wouldbe in charge. We're talking about a seriously compromised position for the unions. Forget anything in the way oftheir current perks, much less protecting their jobs. One ofthe unions actually went so far in alienating Masiello that they pledged $100,000 for any candidate that opposes him in the next election. If the unions think Masiello hasn't been kind to them, wait until they get a taste of state oversight, George Pataki-style. Common Councilor James Pitts recently put forth the idea of converting the old Memorial Auditorium into a power plant, providing the city with cheaper electricity than can be provided by Niagara Mohawk. There could be possibilities of supplying all city-owned property with cheaper power. Perhaps this could include public housing projects. I haven't seen any predictions yet about the annual dollar savings for the City yet. Granted, the idea is pretty fresh. Currently, it's beenhanded offfor a feasibility study due back in two months. If it'spractical, it's a good idea. But we'd bekidding ourselves if we think that this would be buying us anything more than time. Consolidation is the only thing that makes sense as a long-term political solution for an area experiencing such massive depopulation. This would be possible if we could get political leadership with enough backbone to admit this, and to act in the best interests ofall the people in the area, and not their own little to his brother, Seymour H. Knox, 111, at the University Convocation on October 2. The Convocation was held at the Center for the Arts. The Knoxes, known for bringing the Buffalo Sabres hockey team to town, have also be ardent supporters of ÜB. Seymour H. Knox, 111, was a member ofthe UB Arts Advisory Council. Northrup Knox is a member of the President's Board of Visitors, the University at Buffalo Foundation Board of Trustees, and served as a national chairof the University's Pathways to Greatness Campaign. He and his wife, Cetta, are members of the University Founders. Through the Seymour H. Knox Foundation, the Knoxes have supported arts education, higher and secondary education, human services, recreation, and wildlife preservation and protection services. The foundation has also supported special cultural and artistic events at ÜB. Vacco Gets Certiori The Supreme Court decided to grant certiori to Vacco. New York State Attorney General, et al. v. Quill. Timothy, et al,. 1996 U.S.Lexis 4536 on Tuesday, October 1, 1996. The outcome of this case will grapple with the legality of assisted suicide. fiefdoms. PIEPER FREE ETHICS MPRE REVIEW ANNOUNCING OUR LOCATIONS FOR THE OCTOBER M.P.R.E. REVIEW ***NOTE: All classes will run from 9:00 a.m. to 5:30 p.m. ' : '^^-^ #W ? . ? ~ . Saturday, October 19, 1996 LIVE LECTURE Fashion Institute ofTechnology VIDEOTAPE LEGPW*^ - **' Buffalo Law School ||H 'Enter at 7th • Aye. and 27th Street Saturday, October 19, 1996 - Hall Room 210 VIDEOTAPE LECTURES Saturday, October 26,1996 Albany Law School 1 lolsira Law School Law School Room 17 Law School Room 238 VIIIEOTAPE LECTURE Jm 4w School . tiJM - Amphitheater Main Floor R « -- Sunday, October 27, 1996 - Vanderbilt Hall Room 110 ;J& Wa«t-«ns wdawnc or call I -800-635-6569 to reserve a Review Ikiitk optiUJning text mthat mteiKls will also receive a Free 240 page Te«t l>«le: Bfmlmm"'' |;-V Regular Applicali«m Deadline: ApplicalMm Deadline: M.1'.R.1-. Friday, November 8,1996 October 11. 19% (S4S.O«) October 30. 1996 ($9«.(K>) THE PICPER BAR REVIEW t »oo mmm-mmmm - , . >./ ", %** ,'r �FEATURES October 9, 1996 THE OPINION Dear Audrey... Special to the Opinion from Audrey Koscielniak, Assistant Dean for Career Development Dear Up the Creek: Amazing as it seems, illegal and inappropriate questions continue to show up in interviews. The questions come from all sectors, public and private. Sadder still they come from lawyers AND judges. Many legal employers share your distress about these lines of questioning. They go to great lengths to train and condition their interviewers to conduct proper and effective interviews. They usually achieve their goal. However, there are a number ofinterviewers who fail, areoblivious to or ignore the legalities and proprieties of interviewing. They include those who: — made a mistake (know they asked a wrong question and regret it); -- do not hire often enough to know or invest in learning current standards; .-- do not know they have a problem (they've always asked these questions; no one has complained); are terrific lawyers; therefore assume they are terrific interviewers; see their questions as "friendly conversation" inexperienced interviewers who do not know what to ask; attorneys whodo not see themselves a prejudiced and believe that your response will not influence their hiring decision); - believe that if you precede an illegal question withthe phrase, "I know I shouldn't askthis but...," it becomes a legal question. - HANDUNGTHESITUATION General Strategies Some questions may not be illegal, but they can still be offensive. Both types of questions will requiring "handling" by candidates. Identifying where your interviewer falls in the above-listed categories may help you decide which response to take. — answer the question. Just because the question is illegal to ask does not mean it is illegal for you to answer. This may appear the easiest way out, but can also leave you disappointed with yourself. — answer the question, but also indicate (advise, remind) to the interviewer that it is an inappropriate question. Tact is the key here. — refuse to answer the question. This approach can put you out ofthe running. However, when done in a tactful, non-confrontational manner this can be an opportunity to shine. If you feel strongly about the question, betrue yourself and take this route. If the employer rejects you, it is not the place you want to work. to — get behind the questionand provide the information the employer really wants to know. For example, a questionabout the number and ages of your children is not so much a refusal to hire parents, as a concern about yourreliability. Assure the employer that there are no obstacles that would prevent you from meeting time commitments to the firm. know atpresent. I plan on a career and believe it will be successful with or without family." 2. (Asked of women) What are your marriage plans? Suggested Response: "If you are concerned with my ability to travel or my commitment to my employer, I can assure you that I am quite aware of the job's responsibilities and personal commitment. 3. (Asked of men) How would you feel about working for a women? Suggested response: "There would be no problem. I have effectively worked with men and women while in school." Age Down to Earth been adequately trained,. What I need might be minor adaptations of the work station and a supervisor who hires me for what I can do rather than for what I cannot do." Religion 1. What is your religion? 2. Do you haveany religious beliefs that would prevent youfrom working certain days ofthe week? Suggested Responses: "My religious preference should have no relation to myjobperformance." "If working on evenings or weekends is actually a part of the job requirement, I wouldpreferto discuss that afterwe know whether or not I am the person you most wish to hire for the position." Race or Color 1. How old are you? 1. Are you of Suggested Response: "I wish evaluated on my skills, competence and experience. Myage is irrelevant." heritage/race? 2. Do you feel that your race/ color will be a problem in your performing the job? 2. What is your dateofbirth? Suggested Responses: "I do not feel I should be judged on the basis of race or color." "I've had extensive experience working with people with a variety of backgrounds. A person's race, whatever it may be should not interfere with the work environment." to be Suggested Response: "I feel my age is an advantage at work in terms of the broad-based experienced it has afforded me." 3. How wouldyoufeel about workingfor a person younger than you? 3 Everyone fearedthat53-yeari>W astronaut Shannon Lucid wouW suffer from brittlebones and atro- phied muscles when she returned to the Earth. Members of the res* me team assigned to meet her ai the landing practiced lifting a ftitnmy from the padded reclinei intheshuttle Atlantis onto a gurney in the "crew transporter" days ahead of time* When the shuttle landed, the rescue team rushed in, expecting to have to carry her to the gurnej as they had practiced. Much tp their Surprise though, Lucid was standing, waiting to greet them By doing so, she defied all the scientists' predictionsfor her apsis uponarrival. Lucidattributes heT great shape after 188 days irj space to almost 400 hours of stationary bicycling and tunning ona treadmill. Lucid managed to keep hei good humor through a constant supply of M&M's, email contact with her family and lots of books. She also immersed herself in scientificexperiments whichincluded how a candle burns in space, how prptein cry stals growand how several dozen quail embryos develop inside their eggshells. Lucid has herself become an experiment lasting every day foi the next two weeks and intermittentlyfor at least three years. Since she holds the Tecord for the most time, iti space of any American, male pr female, her body will be studied to determine how she reacted to her space travel. Generic Answer Suggested Response: "Age does not interfere with my ability to get along with others. I am adaptable and respect supervisors who are knowledgeable and competent." ~ filea complaint with CDO. No matter whichresponse youtake, National Origin always inform CDO about the incident, at least verbally. To make In all oftheabove cases, ille1. Where were you born? it official, put it in writing. If gal questions potentially can reOf what country are you a 2. the details. nothing else, it keeps sult in an interviewer being sued citizen? offices knowappreciate Many law by a candidate. ing how theirinterviewers perform Suggested Responses: "Acbecause it reflects back on their WHAT'S ILLEGAL? organizations. Your feedback is tually, I am American to the core, and America consists of people vital. As described by H. Anthony from many national origins. Since Medley in his book SWEATY it has been my home for so long, I PALMS: THE NEGLECTED feel like a native." "I am proud Specific Strategies ART OF INTERVIEWING that my background is (available in the Law Library) illeMy heritage helps The following examples of gal questions are those which di- typical illegal questions and sugme to deal effectively withpeople rectly or indirectly "reveal inforgested responses is taken from a of various ethnic backgrounds." mation as to race, creed, color, handout provided at a meeting of national origin, sex, marital status, the National Association for Law disability, age or arrest record." Handicaps Placement. Copies of this and Mr. Medley then advises readers other handouts about illegal/inapthat an unhired candidate putting propriate questions are available 1. Do you have any handiin a discrimination claim must inßm. 610. cap? show that "[t]he question must 2. As a handicapped person, have been asked for the purpose of what help are you doing to need in or have the discriminating order to do your work? Sex effect of discriminating against you." Therefore, while not every Suggested Responses: "Any 1. (Asked jof women) Do illegal question is a valid lawsuit, disabilities I may possess would in every illegal and inappropriate you have plans to having children/ no way interfere with my ability to questions can have a chilling ef- family? perform all aspects of this posifect on the interview. Suggested Response: "I don't tion." "Actually, I don'tneed help doing my work because I have . The Career Development Office has informed me that I am not required to answer an illegal question and questions about Parents f^ Ptmid.,Join me are illegal. VB Law Creates Dean's Advisory Council UBLaw hasnamed29 alumni The Council will also serve and friends ofthe school as memas a bridge between thelaw school [jgrs of the newly established and other communities, such as Dean's Advisory Council. The the alumni association, local and Council will meet twice a year to state government, and various Bar assist the dean and faculty in der Asssociations. veloping policies and plans for the "The establishment of the school. It is Chaired by Gerald Council isa significant step in helpyppes, Esq., the 1995recipient of ing thelaw school deliverthe highthe Edwin F- Jaeckle Award. est degree of educational excelThe purpose of the Council lence. This commitment from such will be to provide guidance to the a prestigious group of individuals dean in matters such as curricudemonstrates their dedication to lum, development, alumni relathe school, as well as a concern for tions,governmentalrelations, pub* the future of our legal system," [ie service, and administration. Dean Barry Boyer said. THE PASSWORD: ... 1 500 Broi4wiy Stw York. NY 10036 20 Park Plan. Sullt 931 Bejton. MA 02116 - (212)719-0200(000)472-8899 (617)695-9955(800> 866- 2" �THE OPINION 4 , -- - ~ Volume 37, XT No. 3 EDITORIAL October 9, 1996 __.' _, ,__, October 9, 1996 Founded 1949 Jessica V. Murphy Julie E. Meyer Editor-in-Chief Managing Editor EDITORIAL: Stolen smooch's silliness A few weeks ago, a littlekid in North Carolina was punished for engaging in behavior that he perhaps should have reserved for the back of a Chevy. Being only six years old, however,little Jonathan Prevette didn't want to wait the ten years it would take him to get a license and go rev his engine on the local look-out hill. So, in school, he kissed a classmate on the cheek (let's be grateful it was a girl, or there'd be way to many issues in the media blitz for the American public to handle). Prevette said the girl solicited the kiss. A spokeswoman for the school said "A 6-year-old kissing another 6-year-old is inappropriate behavior. Unwelcome is unwelcome at any age." Great. We have one person saying the kiss was unwelcome, a perpetrator who has already learned the classic line, "Hey-she asked for it," and the silliest brouhaha in the news since they caned that brat in Singapore. But beyond how darn funny it all is, there are some serious aspects to the situation. One of the contradictions I have noticed when exploring the many mysteries of the American Left is the devotion lavished on "getting in touch with your feelings," coupled with an insane obsession with prohibiting any in-touch individual from sharing those feelings with the rest of society. While learning to hug your inner child, you better not hug anyone else (unless they sign a writtenrelease). While learning to emote, the laser beams of your emotions shouldn't be trained upon anyone who finds them "threatening." And the result? A cheery, tow-headed sixyear-old smooches a classmate and is suspended for a day. Okay. Yes, Jonathan Prevette, the pervert in question, is a white male. And, while I doubt he has spent a lot of time exploring his sexuality, the above-mentioned evidence leads to an assumption that he is heterosexual. So what does this say about the, ahem, "patriarchal nature" of our society? By God, we're training 'em young these days! But what the hell are we training them in? To be blunt: the actions of Prevette's elementary school are indisputable proof of how Dark Side the efforts of Liberal Jedi Knights, out to protect one and all from the scourge of harassment, really are. Applied with discretion, harassment policies in this country are a legitimate toolfor punishing miscreants. Applied with an enthusiasm that sends six-year-olds home with a Scarlet "H," they demean the real suffering of those humiliated as they are educated, employed, or sauntering past construction sites. Let's get a grip, people. Putting aside the fact that the word "ass" is the most emphatic syllable in the dreaded charge of "harassment," there's still a lot to poke fun of regarding the concept. This mockery becomes possible when the term is employed to ironic excess. Whether or not you "believed her," or thought "she" was full ofit, any serious evaluationofhow the sensitivity police of our country protect the innocent leaves you wondering. For instance, consider just how counter-patriarchal it is to "protect the innocent" from the common misunderstandings that arise from social intercourse. For my money, the similarity between an irate father taking his daughter's suitor out to the woodshed for a little chatregarding some hickies, and a school suspending said suitor, is a little too close for comfort. STAFF Business Manager: News Editor: Features Editor: Photography Editor: Art Director: Layout Editor: ' Tell us your opinion! If you havean opinion on%ything published in oirTnevspaper or on any current events topic that concerns t\m law school community, write The Opinion. Letters totbe editor are best when written as apart ofa dialogue ami must not be longer than two page* double-spaced. Perspectives are generally opinion articles concerning topics of interest to the law school c< immunity and must not be longer than All submissions sire due the Friday before we publish. Your submission must be typed, doubled -spaced, and suhmttted on paper and <»n a computer disk (IBMWordPerfect 5.1 format). The Opinion reserves the right to edit any and all submissions lor space as necessary and also for libtlous content, we will not publish any unsigned submissions. Send your submissions to The Opinion office ot place them in box 755 Editorial continued It's been a while, but when I was in first grade, if some little twerp triedto assault me with his lips, he got a Lego to the head (presuming I thought he was, in the vernacular, "icky"). Now, if I had exhausted the entire contents of a "Build Your Own Castle" play set, and he still wouldn't stop, it would have been time for the teacher to call in the kid's folks and have a serious conversation with them, the name "Ted Bundy" perhaps being mentioned several times. But the extent to which harassment policies are now used makes such discretion impossible. Have we lost our ability to call a spade a spade? The dangers of this phenomenon are twofold. One, they foster a dependence upon law when what is really required is a little assertiveness-training on thepart ofthe "victim." And two, they make it more difficult for those with legitimate grievances to be taken seriously. The Prevette case has made it quite likely that the next person faced with the choice of an employer's tongue down their mouth, or being fired, will end up ridiculed Deshika Botejue Kristin Greeley Jill Ann Baer Sami Manirath David Leone Rochelle Jackson Assistant Editor: News: SA. Cole Senior Editors: Samuel S. Chi, Steven Bachmann Dietz, Len Opanashuk The Opinion is a non-profit, independent, student-ownedand run publication funded by the SBA from student law Ices The Opinion, SUNYAI Buffalo Amherst Campus, 7 John Lord O'Brian Hall, Buffalo, New York 14260 (716) 645-2147. The Opinion is published every two weeks during the Fall and Spring semesters. It is the student newspaper of the State UniversityofNew Yorkat Buffalo School ofLaw. Copyright 1996 hyTheOpinion. SBA. Anyreproduction ofmaterials herein is strictly prohibited without the express consent of the Editors. Submission deadlines for letters to the editor and Perspectives are 5 p.m. on the Friday preceding publication. Advertising deadlines are 6 p.m. on the Friday precedingpublication. Submissionsmay either be sent loThcOpinion at the abovenoted address, dropped o{(under The Opinion office door (room 7 O' Brian Hall), or placed in Box #755 on the third floorof O' Brian Hall. All copy must be typed,doubled-spaced, and submitted on paper and on a computer disk (IBM-WordPerfect 5.1). Letters are best whenwritten as a part of a dialogue and must be no more than two pages double-spaced.Perspectives are generallyopinion articles concerning topics ofinterest to thelaw school community and must be no more than four pages double-spaced. The Opinion reads and appreciates every letterand Perspective we receive; wereserve theright to editany and all submissions forspace as necessaryand also forlibelous content. The Opinion will not publishunsigned submissions. We will return your disks toyour campus mailboxorto a private mailbox if a self-addressed stampedenvelope is provided. The Opinion is dedicated to provide a forum for the free exchange of ideas. As a result, the views expressed in this newspaper are notnecessarily thoseof the Editors or Staff of The Opinion. "Congress shall make no law ....abridging thefreedom of speech, or ofthe press;..." The First Amendment -- by their peers. By applying these laws to such ridiculous extent, enforcers only demean their cause. Which is a shame, for it is often a legitimate one. Hopefully, as our country grows more aware of the concept that harassment is a crime, we will be able to treat the issue with the respect it deserves. In doing this, we have to distinguish between regulating behavior or punishing criminals. Issues of larceny aside, is a stolenkiss a crime? Maybe. Sometimes. But in the Prevette case, it is not. And until we collectively learn the difference, the world is going to be a stunted place. Phi Alpha Delta initiates NYSAG Underneath the words "Veritas et Justia" in Federal Court Judge William Skretny's courtroom, Phi Alpha Delta Law Fraternity Internationalinitiated 25 law students and New YorkState Attorney General Dennis C. Vacco into its organization. Phi Alpha Delta International Board Member, Niagara County Assistant District Attorney Ronald Winter, administered the oath of initiation to Mr. Vacco. Judge Skretny presided over the ceremony. The Carlos C. Alden Chapter currently boasts more than sixty members. The fraternity is a full service legal organization that promotes integrity, compassion, courage, professional service, and international and community understanding. Phi Alpha Delta is an international fraternity, with chapters located throughout the world, providing a link for its members where ever they are. Phi Alpha Delta also hosted a Fraternity District Conference this past weekend. Upcoming Events include a food drive for the hungry and a PAD trial day. Look for fliers about these coming events. Corrections: In the September 26,1996 issue of The Opinion, the Missing Man's Bag Recovered article Incorrectly the U.B, Law student. name. The correct name is Joe Antonecchia, 1 �OP/ED October 9, 1996 THE OPINION 5 Follies and Fumbles Greg Mattacola Columnist LET THE GAMES BEGIN Gee, do I love this time of year. The leaves are changing and the air is getting crisp, turning our lovely Western New York into a delicate beauty who dances like....Whatever! Not only is it football season, but it's Playoff Time Baby in Baseball! College ball is heating up (our own U.B. Bulls have even hung out in the Win columnfor a while) and Hockey has started! As if it couldn't get any better, we just gotto see the first live Presidential debate as November draws near. The debate consisted of the normal rhetoric with President Clinton taking credit for everything from the new Arch Deluxe to peace in Bosnia. I wasn't aware there was peace in Bosnia, but that's what he told us and politicians never lie. Bob Dole, who I thought would try to shed his mean old man image which has been costing him points, did nothing ofthe sort! He led the debate in interruptions and two minutes after he referred to Clinton as the Ex-President, chastised him for not referring to George Bush as President in 1992! Sorry Grandpa, won't do it again. Can you do that teeth trick again for me? Both candidates tried to kiss up to thePerot voters in an attempt to grab some of their votes. This after they wouldn't even let him in the debate. Those big guys are always picking on us verticallychallenged. Two of the funniest things heard all night are when Bob Dole said about drug use, "Just don't do it." Whose writing your material Bob, Nancy Reagan or Nike? Then Bob plead to theAmerican people, "I'm not an extremist, I care about people." If you believe that one, I've gota "bridge to the future" to sell you. PUSSYCAT WOODS I love it when people do my job for me. It makes life so mucheasier. You see, I'd already planned on doing a piece about Tiger Woods andwhat Ithink about a twenty year old golferbeing paid 45 milliondollars in endorsements before he's even earned his tour card. What do I think about it? Taken by itself, I think it's pretty sad that we live in a country that endorses recreation so much that this guy is deemed more valuable than a scientist. Don't get me wrong, the kid is a good golfer who by the way just pulled out a clutch sudden death win (his first) against Davis Love 111inthe Las Vegas Invitational. But 45 million dollars? And ifwe are going to pay a golfer that much cash to sport a Title IX Puts Strain on Budget by Sarah Braen, tNews Reporter ments and do not find them to bea source of Title IX, a federallawrequiring gender concern. equity in varsity sports is having a profound "For everyone it's a big step up from effect on UB athletes and athletes at colwhere we've been and we are just happy to leges around the country twenty-three years get what we have - it's a privilege to play after its passage. here," said Kirsten Hanson, a soccer player, Title IX has been supported by stu- "Money, equipment or scholarships have dents and coaches, but it has put a strain on nothing to dowiththe way athletes perform. some athletic programs. The fear is that They're there because they want to play." funding might be cut for some ofthe smaller men's teams to support women'steams and larger men's teams. Under the terms ofTitle IX, "no person the U.S. shall, on the basis of sex be in excluded from participation in, or denied the benefits of, or be subjected to discrimination under any educational program or activity receiving federal aid." The NCAA requires compliance with this law for competition. One dilemma encountered in compliance with this rule is the maintenance of men's Division I-AA football. There is no women's team that uses the skills of 85 New York State Assemblyman Sam players and gives out 63 scholarships. Irlqyt is hoping for help from law students. In order to balance this inequity, UB Hoy t is looking for interns tohelp him work plans to add three more women's programs an everything from constituent profal ems to within the next two or three years. These are working on legislation. softball, lacrosse, and crew. The timecommitment requested is 12Some schools, including ÜB, look to -15 hoursper week, and the internship would their football programs to bring in the revprovide credit for those students who start enue to fund the otherprograms. However, Working at the beginning of the semester. UB football is not bringing in the numbers This past summer, four law students to consider it a revenue-producing sport, worked for Hpyt. Recent 1996 graduate, though coaches are optimistic that this will feremy Toth, now works for Hoyt. change. An internship of this type boosts reIn spite of this problem, the athletic sumes and increases networking connecdepartment has had a very goodrecord on tions as well as providing invaluable expegender equity issues. Under the present rience. director, no programs for men or women Those students interested, please conhave been cut, and some increases have act Deborah Williams at 825-2795. Hoyt Hopes for Help been made. The athletes covered under Title IX have become accustomed to its require- swoosh, shouldn't that kind of money go to that can conveniently sellmillions ofsneakthe veteran likes of Fred Couples, Payne ers and tee shirts to kids who don't know Stewart and even Greg "The Choke" anything about the sport but just get swept Norman. These guys and many others have up in the hype and the commercials. Bepaid their dues and don't see those type of cause if you didknow something about golf, endorsement deals. you would have seen what happened recently at the Buick Open. All right, he'sanoverpaidrookie, what else is new in professional sports? This is This is where Mr. Woods makes my new. Woods is doingcommercials for Nike jobeasy. It seems that he dropped out ofthe which show him on a course with his voice tournament because he was....mentally exin the background saying, "There are still hausted. Not only did he drop out but he course in this country that I can't play beonly gave two days notice which is unheard cause of my color." To those that don't of in professional golf. Mentally exhausted. know, Mr. Woods is black. How do you like the image now Nike? Cal Ripken has never missed a baseball game. Yet, forgive me if I don't shed one tear Jim McMahon once played a game with a for him. How can a kid who got a full ride lacerated kidney. Ronnie Lott amputated to Stanford because ofgolfand who signed half a finger rather than miss a game. Mena contract for 45 million before he'd even tally exhausted. Tellyou what Mr. Woods, earned his tour card complain about this before you and Nike pretend to be this country? bastion of civil rights; before you and Nike preach to the world like you were the late, This guyshould be singing the praises great Dr. King: go strap on a set and worry ofthe good old USA at the top of his lungs. about what you're being paid for - golf. Go Nikespokespersons cited as areason for the learn from the veterans who never once huge contract that "Tiger Woods represents dropped out because they were mentally what we think is the Nike image." Yeah, I exhausted. Tiger. Kitten is more like it. think we've seen this image before. The image ofthe rags to riches athlete WBASNY Holds Annual Dinner UB Alumna Receives Award several community organizations, including the Chamber of Commerce Council of September 27, the Western Small Business and the YWCA of Western ; Chapter of the Women's Bar New York, to whichshehasjust been elected n ofthe State of New York held Directors. its annual installation ofofficers and direcIn her acceptance speech, Evank lors dinner at the University Inn on North spoke of the unique challenges that hay Forest Road. The Chapter also awarded its faced worfteii in thelegal profession through 19% Achievement Award to AnnE. Evanko. out history,from the struggle to gainadmis sjon to law schools to the more modern Esq. during the ceremony. Erie County Court Judge Shtila A. De concern of juggling a family and a career. Tullio conducted the installation of new "There will always be challenges, but officers Lisa J. Nenni. Esq., presented the it is my hope that one day we will have a Achievement Award to Evanko. unified bar," Evanko said. The Achievement Award "honors The Chapter's new officers for 1996women from Western New York for their -1997include,president Shari JoReich, Esq.. outstanding achievements in advancing the atstatus of women torneys and non-attoraeys alike —. in our legal community and be« yond." ■; ■Evanko, this year's recipient;, is currently i partner in the firm of Huiwitzand Fine, PC. Her practice concentrates on business law, (with an emphasis on employment and com- Reich is a 1986 graduate of UB Law. She has previously served as a Western New Evinko was the first woman to be York delegate to the New York State admitted to membership of Hurwitz and Women's Bar Association and Co-Chair ol fine, and is the only female to be appointed the Legislative Committee. to the firm's management committee. Reich is a solo practitioner Outside of practice, Evanko is a memopened her ownlaw office in 1990,and ber of the New York State Bar Association in 1994, along with Thomas J. Eonannou, and the Erie County Bar Association. She purchased the Cornell Mansion in Allenserves on the Executive Committee of the town, where she now operates her practice. New York State Bar Association's Business In her post-installationremarks, Reich Law Section. I Evanko has also been involved with hv Kristin Greeley, News Editor Kiday, . -- : SCurently, �___ FEATURES THE OPINION 6 UI ■ initiates i (nE) )| i --i mini , » 1 ■ , /# ivClllllb VdUL-iJ i^ October 9, 1996 Wj H |ncy J ... i ■ s'■ *■ I ■■to - Bi^^^^^l )j ... I!■ �October 9, 1996 PUBLIC SERVICE ANNOUNCEMENT THE OPINION 7 m lyf HI Iμ % .JmL:S..&.. Bk Awl. DRUNK DRIVING DOESN'T JUST KILL DRUNK DRIVERS. Nicholas Esposito, killed Oct. 13, 1989 at 8:25 pm. Next time your friend insists on driving drunk, do whatever it takes to stop him. Because if he kills innocent people, how will you live with yourself? ran UXIKI U.S. Department of Transportation �FEATURES THE OPINION 8 ...WITH EXTRA BUTTER By Kristin Allen and Scott Frcyek, Features Writers October 9, 19' COURT WATCH Junk Justice or Junk Journalism by STEVENBACHMANN DIETZ, Senior Editor HERS If you like E.R., you definitely enjoy the new will Grant movie, Extreme Hugh Measures. Hugh Grant portrays a doctor gone detective whenhe encountersa homeless man with a medically unexplainable disease. As the plot unfolds, Grant's character discovers an unethical research company whichexperiments on more than just animals. The movie keeps your attention, but thereis no need to scoot back from the edge of your seat. My advice, don't eat alot of popcorn while watching this movie. Not only is it quite bloody, but its extreme shift from fast to slow pace is likely to make anyone nauseous. You'll feel like asprinter trapped in the body of a long distance runner. For all those Sarah JesParker sica fans (yeah both of you), you'll be happy to know that she makes a token appearance. Her presence is so incrediblethat by the end of the movie you're not quite sure if her name isJodyorJudy. Come on, ofthe millions of female names out there the writer chooses Jody AND Judy as the names of the only two leading female characters. When you leave the movie, you not only walk away with an upset stomach but three important life long lessons. First, never get stuck in an elevator with a family orientated FBI agent. Second, STAY IN LAW SCHOOL. Judging from Hugh Grants apartment and mode oftransportation, doctors are poor. Third, even good hair can't save a movie. HIS Quick, whowould you expect to play the leading man in a movie filled with blood, motorcycles, and psychopaths. Sly? No. Arnold? No way. Why its none other than pretty boy Hugh Grant. In Extreme Measures, Grant trades in his tea and crumpets for a 2 cylinder Nighthawk and a scalpel. As Dr. Guy Luftin, Grant stumbles onto a research group that splices the spinal cords of degenerates in the hopes of finding a cure for paralysis. Across many bloody scenes, Luftin is determined to find out why all his patients are dying in freakish manners. His search takes him down to a Warhol-esque underground called "the room". With the help of his trusty "mole man", Dr. Guy discovers a sanitized death camp run by the evil Dr. Myrick(portrayed with perfection by Gene Hackman). Although themovie is nearly ruined by casting that patsy Hugh Grant as the doctor, it is wonderfully saved by the acting prowess of Hackman. Grant is often clumsy, aloof, and a little too eager for my tastes. Just the kind of thing you want in a family physician. Its hard to believe that a doctor from England can score a fellowship on a temporary visa. Hackman, on theother hand, was subtle and sinister at the same time. The character of Dr. Myrick sneaks his way into your heart, only to turn around and shock your conscience. The movie as a whole was fast paced, nervy, and thought provoking. To all you dudes out there, definitely take your girlfriend out to see this one. Just be sure to cover her eyes now and then. Don't forget: The MPRE Registration Deadline is Saturday, October 12, By far, the most vilified New YorkAppellate Court decision this year wasIn Re JuanC. v. Cortinez. No. 58036,1996 WL 533934 (Ist Dept 1996). For the first time a court has held that evidence in a school suspension hearing is subject to the exclusionary rule. On December 8, 1992, Luis Mujica, a school security aide noticed something unusual about a hearing(preponderance ofthe evidence) to the student's burden of proof at the suspension hearing (none). Since the disparity in the respective burdens favored the student, the decision at the suppression hearing had a res judicata effect on the suspension hearing. The court then went to the question oftheapplicability ofthe exclusionary rule. The court releather jacketthestudent was wearstated therationale of the doctrine, ing. The jacket was partly open that of removing the incentive to and something heavy was pulling disregard Fourth Amendment down theleft side ofthe jacket. He rights. It then applied the balanclater testified that he saw someing test of In Re Boyd v. that lookedlike a handle of a Constantine. 81 N.Y.2d 189,which thing to He gun. attempted grab the weighs the deterrent effect of the student by the arm, but the student exclusion of the evidence against got away. He chased the student the benefits of using the it in the and grabbed the suspicious bulge, truth finding process. The deteryelling "code red" into his walkie rent effect ofwithholding the evitalkie. He then opened the dence was compelling (since the student's jacket and another aide same party that conducted the illeconfiscated the gun. gal search was offering the eviThe student was arrested and dence is the hearing) and the bencharged with four counts of crimiefits to be derivedfrom the use of nal possession of a weapon. At a the evidence(the student'sremoval FamilyCourt suppression hearing, from school) was no greater than the student gave a demonstration that of a typical criminal proceedas to how he carried the gun in the ing. Therefore, the evidence ofthe jacket. gun had to be suppressed at the The court found that the outsuspension hearing and all record line of the gun was not visible and of the student's suspension was that the bulge in the jacket was so ordered expunged. formless as to be not remotely susWithin days a mountain of picious. The court suppressed the balderdash regarding this ruling gun and dismissed the juvenile was scribed by self-appointed ledelinquency petition. Thisdecison gal experts. "[T]he decision was never appealed. seemed to say that the student had One month later there was a a legal right to carry a loaded, school suspension hearing. The hidden gun among his fellows unhearing officer, applying a differ- less he had been found out by ent standard ofproof applicable to means other than eyesight and insuch hearings, found that Mujica tuition." thundered Perry Morgan had reasonable suspicion to beof the Norfolk, Va. Virginian-Pilieve that the student was armed. iot. The Superintendent ofBronx High "Thelesson kids in thatBronx Schools approved thefindings and school... is bring anything you suspended the student for a year. want to school, drugs, guns whatBoth the New York City Board of ever. Just make sure that there Education Chancellor and the full aren't any "suspicious" bulges board affirmed the suspension. and that you know your rights." The student thenappealed the fulminated Jeff Dickerson of the decision to the state Supreme Atlanta Journal and Constitution. Court, arguing that the suspension "What the judges seem to be was based upon illegally obtained telling kids, in effect, is, 'If you're evidence. The trial court held that going to be carrying a loaded that the exclusionary rule did apweapon into school, make sure you ply to student disciplinary hearconceal it, because then, even if ings. The court held, nevertheless, they're wise to you, they can't do that a lower burden of proof apanything about it." growledCharles plied to a school suspension hearOsgood of CBS radio. The Juan C. court, of course, ing and therefore, the Family Court's exclusion of the gun was were not "telling" students anynot binding upon the hearing of- thing, but instructing schools ficer on grounds ofres judicata. within the jurisdiction of theFirst The Appellate Division reDepartment that (1) the findings versed. The court pointed out that offact at a Family Court suppresthe trial court erred in comparing sion hearing is binding upon the the defendant's burden of proof at boardof education in a suspension the suppression hearing to the hearing, 2) if they conduct an school board's burden of proof at unreasonable search of a student the suspension hearing. The proper they will not be able to use the comparison was the student's burfruits of that search in a school den of proof at the suppression suspension hearing. ... - There were also many editorials calling for a "return to common sense" in judicial rulings. Whileit ishard to distinguish "common sense" from naked subjectivity, the critics of this ruling here may be onto something. While the Juan C ruling is impeccably reasoned, the problem is thatthe court applied a test to the facts of the case without seeming to ask whether the test was the appropriate one to apply to the facts. In other words, the court, in deciding this case, failed to ask, never mind answer, questions relevent to the applicability of the exclusionary rule to the school disciplinary setting. For example, the reason the Supreme Court has used to justify the exclusionary rule in the context of criminal cases is that there are no other effective deterrents to police misconduct. Civil actions alleging violations of civil rights under U.S.C. § 1983 take years to resolve, and are difficult to win. Police departments are often unreceptive and unresponsive to civilian complaints. The court here never paused to ask whether the schools could deter misconduct by security aides by any means other than the exclusionary rule. The court also did not adequately discuss the issue that the Supreme Court dealt with in New Jersey v. T.L.0.. 469 U.S. 325 (1985): to what degreeisan unreasonable search in a law enforcement context differs from an unreasonable search in the context of a school. Indeed, the Court of Appeals in Matter of Gregory M. 82N.Y.2d588 notedwithapproval the Supreme Court's disavowal of the proposition that individualised suspicion was the essential element ofevery school search. The Court of Appeals noted that when privacy interests are minimal and outweighed by the governmental interests in jeopardy, then a less rigorous standard ofsuspicion may be enforced. THE PASSWORD: 1«K> tr**»i> 10 Park Pl>u. MM VI Imlon HA Oil I* V* lofk > IOOJi (111)-t« 8100 (»00)4-MI«M lil'lMt -I" �October 9, 1996 PUBLIC SERVICE ANNOUNCEMENT THE OPINION : .■:■:■:■:■:■:•:•:-:-:> x-:: .L BBHRSyyxxHHsB '•■•""••'*•••! - .'.\",■.-------.'.'.- -r ■■■.--*' moooopQ^fcy- '. j- s's ■* '.w.w.v. .■.■.■.■.'.".'. : ':':-" a " asSSc .. S3 s§vv?k3svBk3vK!v§Sh 'v,' [■."I'X'vX' r /.■.■.■.'l '" ','.'.'.'.'. T ., ' .- . , r j jJj Jj-'.-^-\". l 'r'-'. .'.'p'.'. i '.' ..,•,'.•-'-'-'-'-',*--VvJHHßfnnnn \'.'.'.'. '. '. '. ~.'. ',','.-.", » .r r nft HninfntftitinniHßfi' Bb fl ■ ■ 9 ' |k -"?RvCveV""*v3w«rSX "vSSwtfy'vSjvvVvffiKv , ' rtSv ■' • V B Wμ Talking with a friend who's being beaten up by her husband will never be easy. We understand that you want to say just the right thing, in just the right way. If you need help finding the right words, call 1-800-END ABUSE and we'll send you useful information and suggestions. Whatever you do, however, don't wait too long to otier her your help. At least one out of every tfBM SSc! three murdered women is killed by her husband or boyfriend. So your friend might not have the luxury ot time. ' "~~ for Domestic Violence. . , I" I— J/ I I m I If iI lr \j _ I* T/* 1/1 f\ I d~* i) v lil I I 111 I Prevention Fund �10 October 9, 1996 THE OPINION SBA story continued MOTHER THERESA NAMED HONORARY U.S. CITIZEN the issue. Hamßoussi also announced two openings on the Appointments Committee, requiring the services of a 1L and 2L representative. The function of the Appointments committee is to review student applications for membership in the various student/faculty groups who evaluate various areas of the law school. The Treasurer's report by Levant declared a new policy requiring all student organizations to pay their own photocopying and phone bills. $4,000 of outstanding encumbrances in this year's budget were the product of these expenses. SBA will now pay for phone service (at $22 per phone), while group budgets will cover usage. Parliamentarian Pete Thompson discussed the revision of the SBA cavitation and bylaws. Discrepencies between dates in the constitution, and the new calendar of the school, require that the document be updated. Thompson then commented on the role ofthe SBA as the governing body of the school. "Basically, we are the representatives of the student body, and of the Law School. We take it very seriously." He hopes the coming year will see the SBA acting as a professional body, using itsposition for the benefit of the school. After the report of the Executive Committee, the representatives began their reports, bringing the complaints and observations of their constituents to the attention ofthe Association. 3L representative Jim Flanders began his report by relating the demands of one concerned student: standardize the grades, award rankings, and determine GPAV-OT get the 3L's to unilaterally refuse any contributions to the alumni fund. This precipitated a general discussion of UB Law's unconventional grading techniques, as members weighed the strengths and weaknesses of the system. 2L Theresa Wolniewicz noted that many students are attracted to UB Law because of its unconventional grading system. "They come here knowing that the school doesn't buy into all the competition and ranking that goes on in other schools." Flanders responded that many graduates find themselves at a disadvantage when seeking employment. Amidst the discussion of how viable the system is when itcomes to finding employment, 2LNathan VanLoon suggested that introducing class ranking might not be a decision to be considered by the SBA, but rather by a referendum vote of each class. Continuing with the 2L report, VanLoon then informed the SBA of grant money available for publications and programming through Sub-Board I. The 1L report initiated a discussion of the law school student lounge, as 1L representative Tanya Guzman suggested SBA get the microwave fixed. Vice President Hamßoussi agreed, saying he would call the vending company to ask "It's really nice that you sell hamburgers, but how do you expect us to heat 'em up?" A Facilities Committee will be formed to address issues of the appearance and non-exclusivity ofthe lounge, which Treasurer Levant later said was one of the major priorities on this year's agenda. The SBA will consider how to possibly limit the use of the lounge to law students, improve its appearance, and encourage students to congregate there. 1L Maurice McNab then suggested that the SBA arrange for the name of the school to appear outside the M Join the Opinion! J building. This began a discussion of the soon-to-be-formed Facilities Committee. The meeting concluded with two votes. The first dispersed $500 from a $2,000 budget for the Barrister's Ball, locking in theStatler Hotel as the site ofthe event. The second vote granted $200 to the Sports and Entertainment Law Society, which had missed the funding proceedings of last semester and was thus without a budget. A minor debate ocurred before the unaminous voteto allow the deposit to the Statler. 2L Wolniewicz mentioned the concerns of several students from last year's Ball, when the open bar led some to wonder how prudently their activity fees were being utilized. "We've denied funding to other groups when they applied for money to purchase alchohol," Wolniewicz said. The vote was taken when the group agreed that the vote would establish that the Ball would be held at the Statler, with issues regarding the event's character to be considered later. revealed Subsequent conversation with that the SBA's $2,000 for the Ball wouid not be attributed to the baT, with funding from elsewhere covering that expense. This revelation nullified the ethical concerns complicating the SBA's partial sponsorship of the event. The meetings, which lasted two hours, adjourned at 9:30 pm. Theregular time forthe SBA's open meetings has yet to be determined. I ■ I I I The CommencementCommittee for | the graduating class of 1997 is: I I Stacy Davis Melissa Hancock Georgette Hasiotis Molly Kocialski Michael Kotin | Scott Lovelock Jessica Murphy Leslie Platt Kimberly Schwinge Joanna Silver I Lynn Wolfgang I THE PASSWORD: 20 Park Plaza. Sultr 931 1500 (roadway Boston. MA 02116 York. N.Y. 10036 <617)69V99« <M0) 866-72" (212) 719-0200 (800) 42-8899 I OnTuesday, October 1, President Clinton signeda congressional resolution making Mother Theresa an honorary United States citizen. The 86-year-old Roman Catholic nun founded the Missionaries of Charity in 1950. She currently operates 517 Missionaries of Charity centers around the world. In signing the resolution, President Clinton said of Mother Theresa, "She has brought hopeand love into the lives ofmillions oforphaned and abandoned childrenthe world over...She has nursed the sick, cared for the poor, andshowed us the concrete actions how wecan makereal our dreams for a just and good society." Mother Theresareturned to work a few weeks ago after a two-week hospitalization for malaria, a chest infection, and cardiac problems. Only four others have ever been awarded honorary U.S citizenship. GRAND JURY INDICTS UNABOMBER SUSPECT On Tuesday, October 1, a federal grand jury m Newark, New Jersey, indicted Theodore J. Kaczynski in the IW4 mail bomb slaying ofan advertising executive Kaczynski has been charged in all three deaths attributed to the Unabomber in addition to eight trombings in six states that injured twenty-three people over 18 years. Two of the cases against Kaczyaski could carry the death penalty. Kaczynski was arrested by federal agents on April 3,1996, in Montana. He is also charged in California with four bombings that killed a computer store owner and a timber industry lobbyist, and maimed two professors. GREAT SKATES Last Wednesday, Campbell's soup unveiledits new Chunky Soup label which features hockey superstar Wayne Gretzky. Gretzky is thefirst person to appear on a Campbell's label. The label depicts Gretzky in uniform carrying a hockey stick, along with his signature and his number, 99. The label wiU be on fifty million cans of twenty different Chunky Soup varieties. Kevin Lowery, a Campbell's spokesman, says th? company does not plan to feature anyone else on its labels in the near future. "We don't like people playing with the label," he said. This is the second alteration to the Campbell's labels in two years. | 1500 PARTICIPATE IN YALEM RUN I On Sunday, September 29, 1,559 runners, joggers, and walkers participated in the seventh annual Linda Yalem Memorial Run. The 3.1-mile event took place on North Campus. Yalera was murdered while running near North Campus in preparation for the New York City Marathon. This year's winners were Rebecca Heuer, with a time of 17:42 and Jim Dunlop, with a time of 14:56. Huerer's time was three seconds faster than last year's top time for women. 2L Bridget Niland came in first place for UB faculty with a time of 19:36. Awards were given to the first place male and female finishers, the top threemale and female students, the top three male and female students who live in the residence hails, andthe top three maleand female faculty members. Prizeswere also given out, including a trip for two to the New York City Marathon. The money raised by the event will go towards an academic scholarship in Yalem' s nameand will be given to a student who demonstrates academic excellence. New POT LUCK Some experts say that chocolate and marijuana have something in common. Marijuana and chocolate both inhibit the natural breakdown of anandamide, which increasesthe amount of this chemical in thebrain. But, don't get your hopes up. A 130 pound person would have to inject the equivalent of 25 pounds of chocolate in order to get the high produced by marijuana. Talk about the munchies. �THE OPINION October 9, 1996 11 Tuition hike confirmed able for the improved curriculum. However, the increases in income from the improved ratios have been largely off-set by across-the-board cutbacks in school funding by the state, which reflect shifts in priorities in the state budget. Vice Dean for Academic Affairs Nils Olsen noted that, even when the tuition increased from $5,000 in the 94/ 95 school year to $6,100 in the 95/96 school year, theactual budget for the law school shrank. None of this matters much to students with tight budgets and looming loans. To some students, especially non-resident students who already pay 76% more than residents, it is difficult to make ends meet onthe maximum loan amount the federal government will back of $18,500. To students who do not qualify for additional commercial loans or TAP, the prospect of a $1,250 increase intuition is tions regarding the direction their law school is going. UB Law has a proud history of serving the public interest: The 1996-97 Catalog boasts at least double the national figures in community services, legal aid, and other nonprofit organizations. The May 22, 1995 issue of The National Law Journal reported that various studies have found some correlation between high debt levels and students' reluctance to work in government, legal services or small firms. The average starting salary of graduates of UB Dean Boyer professes not to have a crystal ball, but is pessimistic about the future of state-support of SUNY. "Looking at the whole situation in N.Y. ... it probably is going to be true that the whole SUNY system is going to come under pressure to raise tuition because ofthe cutbacks in federal funding, for example, in Medicare and Medicaid." These questions are of concern to Dean Boyer, who hopes to mitigate the effect of increased tuition by Law is only $36,949. Also pertinent is the widest-ever increasing private-sector fund-raising for more scholarsalary gap between public and private employees. In 1995, ships and other tuition assistance. Dean Boyer believes its firms paidup to $ 115,000, whilepublic interestand governnot a hard sell to ask for money for deserving students who ment usually paid no more than$40,000. However,accordcannot afford tuitionand want to work in the public interest. ing to statistics released by The Access Group, one of the Thereare many among UB Law alumni whomight wantto largest providers of private loans to law students, the give money to worthy students, he says. These private median private debt of law students graduating from UB sources of money will not only permit needy students to pay Law in 1993 was $5,275, which compares favorably to the for law school, but reduce their debt when they graduate. a grim one. Dean Boyer said that the Financial Aid Office will re- national average of $12,810. With the increased student calculate student budgets to maximize state aid and federal assistance available in the form of scholarships, tuition loan eligibility. However, when asked if it's possible that waivers, etc., this increase alone will probably not hurt the the tuition could go into effect without commensurate school significantly with regard to graduates going into student-aid increases, he said, "it's students who have public interest jobs. In the 1996 edition of The Princeton Review, UBLaw legitimate need will be eligiblefor tuition waivers andother is described as having a "solid academic reputation and [a] assistance provided by the law school, and should contact bargain-basement tuition." According to Vice Dean for Kirn DeWaal in Admissions and Records." 1) How concerned arc you on a scale, of 1-10 (1 Many students, however, shrug off of the tuition Administration Alan S. Carrel, "When the proposed tuition being whatever and 10 being obsessed) about increase as inevitable, considering the fact that UB Law is increase is balanced against the improvements made in the the proposed tuition inthe least expensive law school in the state. Tuitions at curriculum and the benefits those improvements provide crease ? private schools in New York range from $17,350 per year for life after law school, the school is as good, if not a better 2) What concerns you the most? Please at Touro College to $23,178 per year at Columbia. CUNY's value than ever before." rate on a scale of 1-5 (1 low, 5 high) If the tuition increase goes into effect, it would repreSchool of Law, the only other publicly-supported law Your current quality oflife school in the state, had a tuition for the 95-96 school year sent an increase ofover 130% since 1990 while theaverage of $6,450. Other students are not concerned about another law school tuition has increased by the same percentage Paying debts offafter school Further tuition increases $1,250 a year in light of the huge debts they already owe. since 1986 (The Princeton Review). Therefore, it would Ability to obtain financial aid The relative cost of UBLaw may belargely a matter of appear that UB Law is out pacing the costs of other law High debtload limiting job choices misconception. According to the March 11, 1996 issue of schools, and will eventually no longer be the bargain it is The NationalLaw Journal, while average law school tuition now, assuming the trend continues. Vice Dean Olsen sees no trend in the recent increase, has increased in the last 20 years from $2,525 to $16,441, 3) Do you think this tuition increase is necessary? a 551% increase. The average tuition at public schools, like but says that the tuition increase is needed to offset cuts in state to new curriculum, not for increases funding keep the UB Law, increased from $700 to $4,795, a 585% increase. (For comparison, the consumer price index has risen 180% in professor's salaries or expenditures in other areas which Please drop off your filled out form into box 755. in the last 20 years.) Therefore, at $6,100, UB Law is may have been abused by private institutions. Vice Dean Provided response is good, we'll publish the results Carrel agrees, saying, "Although the increase is necessary already above average in cost for public law schools. next week! The tuition increase, while not seriously affecting at this time to maintain the quality of the program, another increase should not be necessary for at least a few years." many students, nevertheless raises many important ques- What do you think? Th c Docket Lee National Denim Day Helping find a cure Public Interest Law Week During the week of October 7th and 14th the Career Development Office will be sponsoring several programs to make students aware of the variety of career possibilities in public interest law. All students are encouraged to attend. Monday, October 7th at 4:45 pm~Panel Discussion in Rm. 210. The Present and Future of Public On Friday, October 25, women and men Interest Law. across the country who have donated $5 for breast Tuesday, October Bth at 12:30 pm--Brown Bag wear denim to work. And Presentation in Lounge Ist Fl: Law students will discuss cancer research will their summer legal experience working in the public interhelp fight the disease that takes a woman's life est. every twelve minutes. To show your support, just Wednesday, October 9th at 12:30pm-Brown Bag wear denim to the office that day. If you want to Presentation in Lounge Ist Fl: More student presentahelp through a contribution, please contact the tions. At 4:45 pm -Career Strategies in Rm 210: Law Susan G. Komen foundation. Our goal is to raise School Instructor will present strategies for developing a $ 1 million to help find a cure. Which would make public interest law career. Moaday, October 14th at 549 pn-Graat Writing this denim day the most memorable of all. ia Rn 7C6: Tony Fischer will give a presentation on grant For more information you may contact the writing. Susan G Komen Breast Cancer Foundation at 1Tuesday, October 15th at 12J* pm-- Brown Bag -800 I'M AWARE or the Lee Company at Presentation in Rm 545: More student presentations. Wednciday, October Mth at 4: 45 pm~Cart*rs in www.denimday.com/ddonthelnternetorbyphone Public Inter** Lmw m Rm. 545: A panel discussion with at 1-800-688-8508. local public interest attorneys. Thursday, October 17th at 12:MpmSkarting at AMHHtxcevourertmot-eetmrttmdtvtnu, Drooo NAPIL m Rm 212: If you're planning on attending the tor in*** 755. or get some inside tips on how to "work NAPIL conference, «* Ac ,. the tables. If you have any questions, please stop by the Career Development Office. . GAY JEANS DAY October 9th is gay jeans day. Wearjeans ifyou're STRAIGHT, GAY, LESBIAN, or BISEXUAL and show your support! For more information, you may contact LGBA at http:// wings.buffalo.edu/sa/lgba �KHHii-tjij^JinTfHHHll ly.lift"S*illnrfr *"3SS9SflfiSflßfll "«*,w« s i■ i I rO'l' j*. , l "'slip"* J: ?,*! ;;,V.lir>«» V'.'j?. lot' 8 0 ' 1 x* f TJ [ VA\ ' Yobb ;'"i jSr TSfc jbf » <Hb M Mf rTBTI M\r ~ s& I — ■ 1I H fl| 1 qB oft •* hbL ttjjty IM6y Mt Ob 94BbB Bill SI a vA jdjk I I 1 ill * ■ W3§§ ■H* t<-'Q3jfOf*t I %*"* t.JIT "''fflSv"' JJ ''icflstCvSlX 1 ; ■Silß 111I .■.■.■.■.■.■.-.■.■.■.■.■.■.■.■.■,■.■,■.■,■.■..■.■. 1~7 "Jes # ■ .■.-. m J Our Only Mission Is Test Preparation Call Toll Free (800)472-8899 or visit our web site at http://www.barbri.com . ■ ""■ -, 11(11 BBBW I G R O UP I jj THE fIW bbßbw. .■ ■■. ■. .■ J?ssay BAR/BRI Bar Review Relied On By Over 500,000 Lawyers _ Mm H Over 4 Million Copies Sold '■: i bbBI s tTiSi '■*"w L.Qitd\titpr tufftajf fl i llv JLPCII XjAdlile _ < M£t Mi %m&r MMm ■ UvllUUli B& h Vfik w Wk "" vOCf '"'"i 188 JL f* fj,-» Mbbl ■ aY m JL/Clf¥ y fv.-.-> ' *"%vBSSC' I ft 111 jo 9 sB ffQft '*hn *Ok {SfiL iBl JMfc jB m I V-O'J "p/1 / J ■jpt. mQv MBoUoP i^Q'^^^K >*.'. LC'J''"."01 I ■** ADVERTISEMENT THE OPINION 12 [hWffbn v,£W *** BA � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Opinion, 1996-10-09 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. The Opinion no. 3 09.10.1996 Date Issued Date of formal issuance (e.g., publication) of the resource. 10/9/1996 Bibliographic Citation A bibliographic reference for the resource. Recommended practice is to include sufficient bibliographic detail to identify the resource as unambiguously as possible. 37 3 Publisher An entity responsible for making the resource available University of Buffalo State University of New York at Buffalo Law School Language A language of the resource eng Type The nature or genre of the resource Newspapers Text Is Part Of A related resource in which the described resource is physically or logically included. LIB-LAW003 Rights Information about rights held in and over the resource <a href="https://rightsstatements.org/page/CNE/1.0/">COPYRIGHT NOT EVALUATED</a>. The copyright and related rights status of this Item has not been evaluated. Please refer to the organization that has made the Item available for more information. You are free to use this Item in any way that is permitted by the copyright and related rights legislation that applies to your use. This digital collection is made available for research and educational purposes. Researchers are responsible for determining copyright status, and securing permissions for use and publication of any material. Copyright for items in this collection may be held by the creators, their heirs, or assigns. Researchers are required to obtain written permission from copyright holders and the University Archives prior to reproducing or publishing materials, including images and quotations. For inquiries about reproduction requests and permissions, please contact the <a href="http://library.buffalo.edu/archives/">University Archives</a>. If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/107b21ae0557efb969b803cfef155d07.pdf 3b1fcac2fcd063e2b2d67abb76a9a088 PDF Text Text Volume 37, No. 2 STATE UNIVERSITY OF NEW YORK AT BUFFALO SCHOOL OF LAW September 26 , 1996 Finley fights for females VB Law Professor to argue before U.S. Supreme Court by Kristin Greeley, News Editor October 16, 1996, marks the auspicious occasion when Profes­ sor Lucinda M. Finley will defend the rights of women when shear­ gues Schenck v. Pro-Choice Net­ work of Western New York before the United States Supreme Court. The case dates back to Sep­ tember of 1990. Finley has been lead counsel since its inception. UB Law Professor Isabel Marcus and local attorney Glen Murray assisted Professor Finely when the case was first begun. The National Organization of Women (NOW) Legal Defense Fund and Finley are working to­ gether on Schenck. NOW brought one of the first abortion-protest cases to the New York State Su­ preme Court in NOW v. Terry, 886 F.2d. 1339 (2d Cir. 1989), cert. denied, 495 U.S. 947 (1990). What has now become Schenck v. Pro-Choice started be­ cause of Project Rescue's "Spring To Life" threat to close off womens' health clinics in Septem- ber of 1990. Through this com­ plaint, the Pro-Choice Network sought to preserve the rights of women and prevent Project Res­ cue from further blockades. As a result, the District Court issued a temporary restrain­ ing order (TRO) pre­ venting Project Rescue's "Spring To Life" intentions. A preliminary restrain­ ing order was issued on Februrary 14, 1992. The preliminary restraining order pro­ hibited Project Res­ cue members from blocking en­ trances and access to any clinic in Western New York that performs abortions. The order also re­ strained demonstrators from abus­ ing sound amplification devices which created a constant distur­ bance within clinics. In addition, the injunction created a fifteen foot "buffer zone" around the entrances and drive­ ways leading to clinics, and any person seeking to approach or leave the clinics themselves. Project Prof Lucinda Finley Rescue members may protest any­ where other than the "buffer zone." The court did allow two Project Rescue members to ap­ proach any person entering or leav­ ing a clinic in order to pursue a "conversation in a non-threaten­ ing manner." But, the injunction directs that Project Rescue mem­ bers must "cease and desist" from this conversation to outside of the "buffer zone" if the person ap­ proached wishes to be left alone. The two individual defen­ dants in the case, Reverend Paul Schenck and Dwight Saunders, appealed the Dis­ trict Court's issu­ anceoftheprelimi­ nary injunction. The Second Circuit "" unanimously up~ held the prelimi­ nary injunction, except the buffer zone and cease and desist provisions. Prof. Finley fought for and won a rare rehear­ ing of the Second Circuit's deci­ sion en bane. With a vote of 13-2, the Second Circuit reversed the previous exceptions, and upheld the "buffer zone" and "cease and desist" provisions. Pro-Choice Network v. Schenck, et al., 67 F.3d 377. Schenck appealed theen bane Come Together Last year, the Casenote Com­ petition for the Buffalo Law Re­ viewexpanded into a uniform writ­ ing competition for the Buffalo Law Review and the Buffalo Envi­ ronmental Law Journal, Buffalo Journal of International Law and the Buffalo Journal of Public In­ terest Law. To be considered for membership on any of these jour­ nals, students must participate in the Casenote competition. They submit their casenotes to the jour­ nals for which they want to be considered. The Casenote competition is open to first year law students and students in theirthirdsemesterwho took a leave of absence during their first year. Second year trans­ fer students are eligible to com­ pete only at the start of their first semester at UB Law School. Stu- dents may compete during Spring break or following the Spring se­ mester examination period. Writing one casenote for con­ sideration for any of the partici­ pating journals is easier for the competitors than writing a sepa­ rate casenote for consideration by each journal. Additionally, the consolidated competition has fos­ tered a strong working relation­ ship between the various journals. The four journals worked together to set the framework for working the consolidated competition. A goal of the consolidated Casenote compeition is to elevate the prestige of these journals in the legal community. Consolidated competitions for law review asso­ ciation is practiced at top-tier law schools, including Georgetown University. Prior to the consolidated com­ petition, the Buffalo Law Review was theonlyUB LawSchooljour- nal to award membership based on the Casenote Competition. Mem­ bership for the other journals de­ pended on volunteers. Another goal of the Consoli­ dated Casenote competition is se­ curing more dedicated and reli­ able participation by associated students than is sometimes found with volunteer participation. Vol­ unteer-run journals often have dif­ ficulty finding committed students. This leaves a few students to bear the brunt of the work at publica­ tion time. Notonly are these stu­ dents overworked, but the quality of the journal can suffer from too few people trying to do too much work on deadline. Resulting er­ rors can make recognized scholars unwilling to publish in these jour­ nals. Volunteering for some of the journals is still an option. The Buffalo Environmental Law J our­ nal and the Buffalo Journal of See Finley Fights on p. 3 Bililllhts honored at 11 llli!•••g:ij9f/~~tiQn· .... '96 Pt!Kctff~ ite~r1,r e:t .•. ,. .ti.New&Juliiof3 1 •J Journals consolidate for case note competition by Maria Pilaroscia, News Reporter decision. At first, Schenck was denied certiori, but on March 18, 1996, the United States Supreme Court granted certiori. Professor Finley says she was surprised that the Supreme Court granted certiori because of its de­ cision in an earlier case Madsen v. Womens' Health Center, U.S. , 114 S.Ct. 2516 (1994). Madsen not only upheld a "no un-invited approach" order, but also a thirty-six foot "buffer zone." Finley found out about certiori being granted while on her plane returning from a Florida va­ cation. Finley happened to read a U.S.A. Today that the man next to her was reading which proclaimed that the Supreme Court would in­ deed hear the case. Finley characterizesSchenck v. Pro-Choice as a very significant First Amendment case because it asks, "To what extent does the right to be left alone extend into International Law are inviting first year law students to participate in volunteer mentoring programs. The mentoring programs afford first years the opportunity to see how a journal is run, and decide if they are interested in working on a journal in a formal association. This allows them to decide if they want to participate in the Casenote competition. It is still possible to volunteer for the journals that do not partici­ pate in the Casenote competition. These journals areABA Journal of Affordable Housing and Commu­ nity Development Law andCircles. The ABA Journal of Afford­ able Housing and Community Development Law is a joint ven­ ture with the law school and the ABA forum on Affordable Hous­ ing and Community development. See Journals, page 6. .,~.,li~ii1 <\[i( . .'. . :::;:;:~· hideritstec.eivcd awafas..: ·Nine ... andtfl.eU~ FaciiJty ..... ···~;j;n;~chaelM~JJ:£ b~Et.hi~Aw~r<J. th~Qrd~igf 1rristtr;.a1Jtiie uiwFatuity ;~~f~,.··5tlue AnneHall: the · ~:i(K-0ten AwardandtheLaw Jk~ltyAward;'. ···••·· \Qrajg $. Brown: the aleJ~. MJirgQljs Award and the ','w'Facµlty Award; .·.·.•JamesWilU11m Grable, 'rA1ft~ Giitl6~ ¢, Alden Award jli$~~4,rdefilatioit,p, 6·,... �• • • . I • . I . I Follies and Fumbles Greg Mattacola Columnist HE'S BACK! Yeah, Yeah, Welcome Back, How was your summer, Where did you work?, Are you interviewing?, and all that other garbage. Save it for a cocktail party, we've got a lot to cover here. For my six readers from last year, thank you for once again wasting three minutes of your precious time to read my trivial slant on life. For any new readers, let me introduce myself. Last year, this was a column devoted to sports and politics; two of the best argument fodders in the world, if not the best. This year the focus will again be on these two things, along with anything else that needs to be discussed. Aren't there enough worldly restraints imposed upon us than to burden this column with them? So if you are new here, tolerate me or get lost. I'm perfectly happy with my faithful six from last year. And speaking of last year, let's have a round of applause for last year's Editor Sam Chi. He had the impossible job of managing a paper that reports on a place where nothing goes on. And he let this column get started. It also wouldn't be right to not give a hearty welcome to new Editor, Jess Murphy. Jess takes over the impossible job and allowed me to come back and have free reign over my topics. A truly brilliant move, if I dare say so. (First lesson in politics boys and girls, a little ass kissing never hurts.) FIRST YEAR (AND EVERY YEAR) SURVIVALKIT! Okay, First years, if any are reading, this segment goes out to you. It really applies to everyone, but most second and third years are so far gone already that they are beyond help. There still might be hope for a few of you. I am going to give you the most valuable advice that you'll ever receive in law school. Pretty bold words, huh? Well, don't blow your load yet, this might not be the advice you're looking for. You see, this won't keep you sane during finals, or get you all H's or teach you how to read500 pages of Criminal Law in an hour. No, all this will do, if followed correctly, is make the world a better place and make you a more enjoyable person for others to be around. Wait a minute, you might say. I can't use this advice for self-gain? What the hell do I need it for? If you did say that, you need it all the more badly but might be in that category that's beyond help. Well, here goes and let's hope I help somebody. Take a tape recorder, one that can play your words back, press record, and repeat after me: I am not important. I am not important. I am not important. Press stop. Are you okay? Did you just bust an artery? No? Okay, press record again and repeat after me. I am not better than anyone else. I am not better than anyone else. I am not better than anyone else. Okay, press stop again. Now, what you need to do, is place this tape inside a tape deck that will keep replaying it when it ends and play it every night while you sleep. Play it when you work out, play it when you're doing the horizontal mamba, play it all the damn time. What law students need to remember, is that we're not performing brain surgery here. We're not conducting research that might find a cure for AIDS. We're not teaching children to read and write, the two most important tools that they'll ever need. We are learning how to take what other people have written and alter its' meaning for our personal needs. Now that skill is an important one and can be used to accomplish great things. That, I do not disagree with. But those great things, for the most part, must wait until we are attorneys. This may come as a shock to a lot of people, but you are not yet attorneys. You are law students. So be a student. Humble yourself, and learn from the great things that others have done. Jim Bouton, in his prime, was a fastball throwing phenom for the New York Yankees (back when the Yankees didn't mostly consist of cocaine snorting convicts). During the downswing of his career, Bouton wrote one of the first tell-all books of professional sports, the kind that are a dime a dozen these days. In the book, Ball Four, he relayed a story about one of his teammates who was attempting to charm a young lady in a nightclub. When asked if he was married, the ballplayer said, "Yeah, but I'm not a fanatic about it." Am I extolling the virtues of infidelity to you? Is that what this is about? No, the point is to get over yourself and drop the fanaticism. People throughout this country do great things every day, most of which you'll never hear about. We are not so very special because we scored well on a test and made good grades in college. The object of this column is not to tell you to be any less aggressive toward your goals, your studies or any of your activities. You'd never do that anyway. Just drop the fanaticism and check the ego at the door. Come in, do your job, be a student and leave. Like I said, this advice won't get you any more H's but it will, if followed correctly, make you a helluva better person to be around. The Early Bird gets the worm ... and a $400 SAVINGS!!!!!!!!! When you register for Pieper Bar Review before November 1, 1996, we will automatically give you a $400 EARLY BIRD DISCOUNT! When you lock in your price early, you will also get: • The Pieper 5 Volume set on New York & Multistate law, quiz books and the New York Appellate Alert, a digest of appellate decisions from 1984 through today. (With $150 deposit) • Only one lecturer: John Pieper gives .allof the lectures - No rotating professors. • A Free MPRE review lecture. • A complete bar review course with no hidden costs. • The PIEPER personal touch. Don't forget, the deadline is November 1, 1996 Don't be left out. Call 1-800-635-6569 today with any questions. I I I �NEWS September 26, 1996 THE OPINION 3 Candidate Statements Ahren Astudillo Kevin Clor My name is Kevin C. Oor and I am from Buffalo, New York. I applied, and was accepted, to the University of Buffalo where I ma­ jored in Political Science. I am now, of course, a first year student at the University of Buffalo and my wife is a first year law student at Cornell University. If elected I would do the best I can to increase the efficacy of the students in my class. I feel a Law School Mentor Program would be extremely ben­ eficial for first year students be­ netxls fore the first week of classes. The two advantages to this program the 0 f are: it will answer a lot of the first Jllfm­ year student's questions prior to bers of our class. We all want to be the first week of classes and these active and involved, but our differ­ two students will be matched up ent life committments have to be t h e foltaken into consideration. ing Io wAdvance notice should be begiven for group meetings and semi­ year to 3 L a gin nars. Alternate dates or posted in­ re to 2L formation should be available for lationthose students who find it difficult ship. to attend. SecI would like see an escort ondly, I service provided outside the law the fee I library similar to the one currently prices o f in place outside of the undergradu­ law books at the University Book­ ate library. Also, I would like to see a sign designating the John store are outrageous. Why not Lord O'Brian Hall as the School of organize a day and times to have upper class students come to the Law. I am enthusiastic and look University and sell their books di­ forward to serving you in the up­ rectly to other students? Anything that can make upper class students coming year if given the opportu­ money and save money for first nity. year students is worth looking into. Finally, I would like to de­ velop a Law School Political Awareness Club. I feel a club like this would be a great benefit to our Law School and the University as a whole. I appreciate having this op­ portunity to address you. I would hope that on election day you will vote for me as your representative. I was born and raised in Buf­ falo, and have lived here all of my life. I graduated this past May with a B.A. in journalism and a minor in African and African-American Studies from Penn State Univer­ sity. As a Student Bar Association Class Representative, I would like t O ..,..,....,,..,.,,,....----.......,.,,,.---, f O n cus 0 servt h e i ng di verse Nicole Graci Hello. My name is Nicole Graci and I would like to represent the lLs in the Student Bar Asso­ ciation. I feel that I am qualified for one very important reason: I a m n o t afraid speak 0 firm up.A liever be sev­ i n o I d era! ages, ad such ..__........,~""'"-_....,......_ a s there are no stupid questions, it never hurts to ask, you never know until you try, and the worst they can say is no, I think that the lLs need someone like me to represent their interests. We are new at this law school thing. We don't know what has been tried and what has not. Therefore, we need a repre­ sentative who will voice our con­ cerns, ask the questions that need to be asked, and not be afraid to rock the boat or appear naive in the process. I can be that person. When the candidates were told to write this statement, it was suggested that we use it as a ve­ hicle to tell the students what we will do for them if elected I thought about that and decided that the question is not what I will do for you, but what you want me to do, hence the term, "representative." I can have all of the ideas in the world, but it is your support of them that will determine if they are advanced or not. After speaking with a number of lLs, it appears that there are two major sources of concern among the class: lack of unity due to sec­ tional division, and the poor state of the student lounge located on the first floor. I agree that both of these issues should be addressed and that they can be addressed . together. Due to the division of our class into sections, lLs rarely have chances to meet people who are not in their sections. Clearly, it would be beneficial to intermingle now, as we will be mixed in the following two years. One way of facilitating this integration would be to have a place to meet outside of class, such as a lounge, where we could not only meet other lLs but the rest of the law school popu­ lation as well. A lounge does exist on the first floor, but its problems go from the basic (the cord on the microwave does not reach the plug) to the global (the entire university has access to the lounge; there­ fore, law school organizations have not been enthusiastic about im­ proving it). I would like to address this as a representative of lLs in SBA I hope that on September 26 and 27 you give me the opportu­ nity to do that. Tonya Guzman I am running for first year representative of the Student Bar Association because it is impor­ tant that we have a voice regarding various issues. I hope to be the liason for the class of 1999. My past work experience as a sales representative has provided m e ...--------. w ith t h e necessary skills to confr o n t cha Ilenges, ex er a n d t h e C i S e of perpower suasion. Last year, I spent a lot of my time volunteering and being an advo­ cate for people who come from disadvantaged backgrounds.I in­ tend to use my skills to make changes happen in this school. I have a strong interest in community service and a big part of my platform will be focused in this area. Prior to law school, I was an interpreter for the hearing im­ paired and I would like to see the Student Bar Association involved in public interest projects that also include the deaf population. Many of you have already approached me with concerns and ideas that you would like to see addressed. If I'm elected, these ,·. issues will be dealt with and I will keep you informed of the progress. I look forward to being a contrib­ uting member of the Student Bar Association. My goal is that we all work together as a team to implement changes and that we make a differ­ ence in our community. Kim Fanniff I am running for class repre­ sentative of the Student Bar Asso­ ciation because I would like to make a contribution to the law school community. I believe that as a member of the SBAI would be able to do so. I recently graduated from t h e v er Uni· Al sity at where bany i n I was volved wide in a of acrange ti Vi ties including Class Council and the Undergraduate Committee of the History Department. Positions such as these and others I held helped me to gain experience in leadership. I believe I developed the necessary skills that will help me to be a conscientious represen­ tative. Our main goal as students is to study and learn. However, it is important not to forget that there aremanyotherworthwhileendeav­ ors that students can participate in. I think the SBA should become more involved in promoting these activities so first year students are aware of other opportunities. Brenda L. Torres I would like to be a class representative for the first year law students in order to improve the the quality of our life as stu­ dents and to improve the quality of our education, so that we all pass the bar and get jobs when we gradu­ ate. There are eight concerns that I think would benefit the law stu­ dent body. First, I would like to see a restricted telephone, for on­ campus calls, installed in O'Brian Hall. There are times that we need to call c er tain ofo n fices pus. cam­ ing a Hav­ telephone, a s such t h e onein dent StuUnion, restricted for on campus calls, would make life easier. Second, I would like to see the main books used in all law classes be placed on overnight re­ serve in the library. There are many reasons why students might not have their books, such as the books did not arrive in the bookstore on time. The ability to borrow the book from the library will benefit many students. Third, I would like to see a book swap for first years at the end of the semester, where section U can trade with section B. This will eliminate the bookstore as the middleman and save us a signifi­ cant amount of money. Fourth, I would like to see increased school spirit. Many col­ leges are sold out at their football and basketball games. Although many law students are into sports, we hardly support VB athletics. Perhaps some SBA activities could be tailgating, or something else to increase school spirit. It would also be great to generate school spirit within the law school by challeng­ ing other graduate programs to ath­ letic competitions. IL's could chal­ lenge another year, or our profes­ sors. It doesn't have to be a sport. We could go to Lasertron. Fifth, I would like to see the SBA increase its membership, thereby increasing effectiveness. One way would be to add student organizational delegates or liasons. This will increase the cooperation and communication between the SBA andihe other student organi­ zations. Another way to increase effectiveness of the SBA would be to begin a general assembly. There are so many things that can be accomplished that would make our next three years more bearable and memorable, but requires input from all students. Sixth, I would like to see a committee formed to address the ongoing concerns of late grade submissions to A&R. Late grade submissions affect the decisions of employers to hire us. Seventh, I would like to see an alternative for disseminat­ ing information and for providing services to those students whose responsi bi lites keep them off cam­ pus. Some students have families, full-time jobs, or other responsibilites that limit their free time. The SBA needs to address a more effective way to hear their concerns. Eighth, I would like to see an improvement in housekeep­ ing. Many students stay in O 'Brian until the library closes, and by the evening there is water and paper all over the bathroom floor. Some of these concerns will re­ quire more than one year to re­ solve. But if we work together, I feel that they can be accomplished. In conclusion, I would like to say that, if elected, I would do my best to improve the quality of our stu­ dent life and the quality of our education here at UB. Cindy Huang Hi! MynameisCindyHuang and I am running for one of the six positions of lL Class Director. If you choose to elect me, I intend.op focusing on both general Student · · Bar Association issues and more importantly, on issues that specifi­ cally affect lL law students, al­ though, technically, being on the SBA means representing the stu- See Candidate Statements, on page 5. �EDIT.ORIAL ..1HEOPINION .4 nrtlll,'ll/1., ti,, I ,,u 1 / t/11 ,ru4lt fl{\ ,r, 1 ! / 1• ~ ~ ~ / • BPINION Volume 37, No. 2 September 26, 1996 Founded 1949 Jessica V. Murphy Editor-in-Chief THEPASnORD: September 26, 1996 Jalie E. Meyer Managiag Editor EDITORIAL: .•.......,. ,.,......._..._,,. lltw Yen, N.\'. IIOJ6 ....... 11AOU 16 (1 UI 119-01IO (IOOI 4'71·1199 (61'1)ffMtn (IOOI 166-•i-- Think globally, act locally The Opinion is moving ... again. This time to the basement. We'll be in room number 7, and our phone number will remain the same: 645-2147. There's always an answering machine if no one picks up within five rings. And, Mondays we're laying out, so stop by! A list of deadlines and a production schedule will be placed upon the door. Well, I did have a point. Since we're moving yet again (Thanks, Pru and Pete!), we're moving a lot of equipment around, or buying n~w supplies because the school year crunch has begun. So, that's what I was doing the other day, carrying a huge box of stuff. I had to lug a box of copy paper from the parking lot to O'Brian Hall. No small feat, since ten reams of paper weigh guite a bit. While I'm struggling with this box across campus, I passed no less than fifty people who all managed to unabashedly stare at my travails. I know because I counted. Yet, only one woman stopped to help. She couldn't have been five foot tall, even on a windy day. The box weighed more than her, and she helped me. No one else? Do you think we'd have half as many problems in this world if we'd take one step to help out just one person? One person grabbed the end of my box, and changed my day. She didn't have to, in fact she was in quite a hurry. Our role as attorneys-to-be and how we're perceived in the community matters. We have to remember that as we represent others around us, they will look to us for things that are normally above and beyond our call of duty. It's a burden that we're willingly taking on as we spend three more years in school. It made me wonder how hard it is to be helpful of others. What sort of a world we'd have now if a helping hand was extended instead of a bomb threat. We live in an age where violence is common place. We're numbed to shooting, and we're removed from the terror that other places feel. We're numbed on a global level. Apparently, we're numbed on a local level, too. Fifty people who couldn't take five minutes to help. Were you one of them? If it wasn't someone like me, but someone without a family or a home or a coat.. .would you help? I don't think the good samaritan rule from torts applies to holding a door or helping carry something for someone who needs help. One nice thing for stranger could affect a lot more than you think. Our place in this world is small, but our roles aren't. lfwe can make a difference on a local level, we can change the world, too. That woman made a huge impact on my life yesterday. So, thank you to whoever you are. Think about it. STAFF Business Manager: News Editor: Co-Features Editors: Photography Editor: Art Director: Deshika Botejue Kristin Greeley Myrtle Bowles Jill Ann Baer To be filled David S. Leone Senior Editors: Steven Bachmann Dietz, Len Opanashuk, Samuel S. Chi Th,• Opinwn is a non-profit, independent, student-owned and run puhlicalion funded by the SBA from student law fees. The Opinion, SUNY Al Buffalo Amherst Campus, 7 John Lord O'Bnan Hall, Buffalo, New York 142(,0 (716) 6452147 The Opinion is puhhshed every two weeks dunng the Fall and Spnng semesters. It is the student newspaper of the Stale Un1verstty of New York al Buffalo School of Law. Copyright 1996 hyTheOpmion. SBA. Any reproductton of materials herein 1sstrictly prohibited wtthoul lhe expre..<sconsent of the Editors. Suhm,s.<ion deadhnes for letters to the editor and Perspectives are 5 p.m. on the Friday preceding publication. Advertising deadhne..<are 6 p.m. on the Friday preceding publication. uhm 1i:.<i,msmay either he sent to The Opinion at the above noted address, dropped off under The Opinion office door (room 7 O' Bnan I !all), or plac.:d tn Box #755 on the third floor of O' Brian Hall. All copy must he typed, doubled-spaced, and suhmilled on paper and on a computer disk (IBM-WordPerfect 5.1). Letters are best when written as a part ofa dialogue and must he no more than two pages double-spaced. Perspectives arc generally opmson articles concerning topics of interest to the law school community and must be no more than four pages double-spaced. The Opinion reads and appreciates every letter and Perspective we rec.:ive; wc reserve the right to edit any and all submissions for space as necei:.<aryand also for hbelous content. The Opinion will not publish unsigned suhm1ss1ons. We will return yourd1sk.<to your campus mailbox ortoa private maillx.1xif a self-addres.<ed stamped envelope is provided. The Op111ionis dedicated to provide a forum for the free exchange of ideas. As a result, the views expres.sed tn this newspaper are not neces.<anly those of the Editors or Staff of The Opinion. "Congress shall make no law ....abridging the freedom of speech, or of the press; ... " ·· The First Amendment ESLS explained by Lynn J. Wolfgang, special to the Opinion I am pleased to welcome the Class of 1999 to UB Law as well as greet all return­ ing students. As President of the Entertain­ ment & Sports Law Society (ESLS), I would like to inform the student body on our growth and subsequent problems. The ESLS was revitalized in 1994 by Andrew Freedman (LAW '96). The society had long been dormant. As a first year student, I shared Andrew's enthusiasm for the society and was elected an officer. To­ gether we lobbied the SBA for funding and fought tooth and nail to prove our existence as a society to the administration and the student body. With minimal financial support we drew the largest student attendance for our three speaker event series that fall. We featured such well known Western New York attorneys as Keith Schulefand, Leslie Greenbaum and MikeGentile. We demon­ strated a few of the careers available in the field of sports and entertainment law. In the spring semester, through a grant from Sub­ Board One, we featured Gerry Meehan, former Buffalo Sabres player, Team Cap­ tain, UB Law '82, General Manager of the Sabres, Vice President of Sabres Opera­ tions and current sports lawyer with his own private practice. This event was well at­ tended and well received. Our driving force has always been to show law students what careers are avail­ able in sports and entertainment law, both traditional !lnd non-traditional, and to allow students network with these professionals. As a result of our first year of programs, UB Law students were hired by Keith Schulefand, Mike Gentile and Gerry Meehan. On a personal note, I was hired by Mr.Meehan as a direct result of my involve­ ment in the. society and I wholeheartedly endorse our events as one of the best net­ working opportunities that this school has to offer. The ESLS has not only proven itself as a viable law society but as a legitimate source for e1Dployment and experience in the industry. After attending a sports law sympo­ sium at Georgetown Law Center in my senior year of college, it became one of my· fondest desires to bring a comparable event to UB Law. Last fall, ESLS and UB hosted the First Symposium on Sports Law in West­ em New York at the Cent :1 for the Arts. The distinguished panel featured: Kevin Billet, vice president Legal and Business Affairs, Buffalo Sabres Hockey; Jim Overdorf, director of Business Operations, Buffalo Bills Football; Michael Buszkowski, general manager, Buffalo Bison Baseball; and Vince Tobia, general counsel to the Buffalo Bills. The panel was moderated by Eric Goodman, sportscaster at WKBW Channel 7. We were honored to have Dean of the Law School Barry B. Boyer deliver the welcome. The event was attended by over one 100 students, faculty and inter­ ested community members. After the success of the first sympo• sium, the administration decided that there was enough interest in the subject matter to justify a course offering in the area. This fall, 1996, UB Law will offer a three credit course on Sports Law. The ESLS went on to hold another symposium in the spring high­ lighting entertainment law in Western New York. This event was held at the Center forTotnorrow and featured a diverse panel including: David Midland, CEO of Artpark; Eric Land, general manager, WG RZ Chan­ nel 2; Bill Grieshober, general counsel, Rich Products, Inc.; and Steve Boyd, reporter WKBW Channel 7 and UB Law '98 acted as moderator. All in all ESLS was having an excep­ tional year, finally proving its value to the SBA, the administration and to the students. The year however, would not end on a positive note. A miscommunication to an officer (who did not understand the impor­ tance of a budget hearing) and the absence of that office at the budget hearing resulted in a zero budget for the ESLS. What could have been our most highly funded year has returned that first year, begging for money once again. However, all is not lost. The ESLS will hold the Second Sym- See ESLS explained, page 6. �. . .., .. •.~:·"NltWs 5 Candidate Statements, continued from page 1. Cindy Huang, con't. dent body as a whole and not just one particular class. This is essential because the odds are, 2Ls and 3Ls will not be doing much to advocate lL issues since they no longer have to deal with the frustrations and concerns of being lls. An example of one of the many things that I would like to work on improving is the condition of the lL lockers in the basement. Does it stink down there or what?!?! To make matters worse, it's also creepy and musty. Speaking from experience, I can honestly say that I try to avoid going to my locker as much as possible. As a result, I usually end up carrying my heavy books all day long. Do lls have to put up with this in addition to all the other stresses of first year law school? I think not! This is just one of the many issues that I would like to deal with. So if you want detailed and precise plans, vote Cindy Huang for lL Class Director. Joe Reynolds Welcome back, 2L's! It sounds so good to be able to finally say that our first year is over. For those of you that do not know me already, I'm Joe ~eynolds and I am running for the office of Se C ond Year Director for the SBA I graduated from Geneseo a n d am origin a 11y f r o m Attica ---'"""""""" (the town, not the prison). I am not going to make a big speech about all the things that I am going to do you for as an SBA Rep. Being an election year, I'm pretty sure that we've all heard that enough. We hear that all the time-- prom­ ises that are made but never kept. That's not what I feel the position requires. My job in the SBA would be to represent us as a class, not just my own personal wishes or plans. If people have ideas, questions, or concerns, I think that it is my responsibility to see what can be done to help those people, given the Constitution of the SBA and the budget. But I am always open to new ideas or suggestions and would love to hear them from anyone about what concerns you or what people think should be done for the school in general: Amy Du Vall For starters - welcome back everyone and congratulations to the 2Ls! Why, you ask? Well, simply because we are 2Ls and we've successfully made it through our lL year! I'm Amy Du Vall, and after serving as one of your lL SBA Class Representatives this past year, I'm running for reelection to SBA for the oppor­ tunity to serve as one of your 2L C 1 ass Repre­ sent at iv es. Through­ out this past year, I've met and gotten to know many of you, and I've spoken with you about things you would like to see changed and/or improved within our law school. I look forward to hearing and acting on your current thoughts and concerns. As your 2L representative, I will make every effort to turn your thoughts into realities and your concerns into solutions. I'm here to represent the comments and concerns of the 2Ls - your comments and concerns. So, just stop me in the halls or in class and let me know what's on your mind. I'll do whatever I can to voice your thoughts and concerns and achieve the re­ sults you're looking for. I was honored to serve as one of your lL representatives last year, and I'd be honored to continue my leadership experience representing the 2Ls of our law school through the SBA this year. I encourage you to vote in the SBA elections this Thursday and Friday, September 26th and 27th, and most importantly I encourage you to re-elect Arny Du Vall as your 2L Class Representative. Thanks for your support! Greg Mattacola For those of you who don't know me, my name is Greg Mattacola and I am run­ ning for the position of Second Year Class Director on the Student Bar Association. I held this position last year and when I de­ cided to run again, I was asked more than once, "Are you crazy? Don't you have enough going on?" There is a lot going on this year yet I still feel the need to represent you in our student government. No matter how many faults there are with our school or the way it is run (and I could talk about many), I still hold true to the idea that the representa­ tional system works and that positive things were accomplished last year. I felt that last year's SBA worked hard to represent its' student population fairly and without preju­ dice and judging by the new Executive Board, I feel that this will continue. One thing that I hope to focus on this year is to establish a legislative liaison posi­ tion on the SBA What this position would consist of is to have a student represent the law school at University meetings, specifi­ cally those meetings which concern the bud­ get. The position would also hopefully entail organization of at least one lobbying trip to Albany. For this school to remain competitive and to receive its fair piece of the pie, there needs to be constant represen­ tation in the forums that decide its fate. I would hope that you vote for me as I have always tried to represent the class as a whole and not just what I think it wants. Yet, regardless of your choice, make sure to vote! Nathan Van Loon When we come to Law School each one of us has dreams and aspirations of what type of attorney they wish to become once they have completed their education at UB and pass the Bar exam. Some of us wish to become prosecutors who help defend the public from the tides of crime, others seek to create safe affordable housing for low in­ come families, some wish to protect the environment or become sports and enter­ tainment lawyers. Still others wish to build a myriad of different careers. The Student Bar Association can be a powerful force in our effort to make these dreams a reality. Our student govern­ ment has the power to enable the students to bring in speakers they wish to hear, to spon­ sor the events that bring the law school community together, and the ability to dis­ cuss with the administration of the law school details of the day to day concerns, as well as the long term future of our institution. As one of the founding members of the Criminal Law Society, and as its current Chairperson, I appreciate the op­ portunities that our student government can afford to those students who dare to dream that they can build an educational experi­ ence above and beyond the ca:;ebooks. As a member of your second year class I can appreciate the pressures and obligations that go along with our current status in the legal community. One of America's greatest minds, Joseph Campbell, once said that for a suc­ cessful life one has to "follow one's bliss". I believe that SBA should be in the business of finding ways to help people follow their bliss, by making our law school environ­ ment as friendly as possible to those who dare to broaden their base of education beyond the classroom. On election day I ask that you cast your vote for me so that the second year class can be represented by a person who shares your concerns, your hopes, and your dreams. run the school. As these relationships de­ velop, it is my hope that these groups will band together to help provide and seek out scholarship opportunities for our law stu­ dents. This comraderie will be very benefi­ cial in producing united scholarships of a larger value. If elected, I will also strive to imple­ ment the campaign promises of each candi­ date. My candidacy is one of inclusion, not exclusion. Like my campaign motto, I believe the responsibility of each law student is to "be a part of the solution." Many students are quick to criticize and protest the things they do not agree with or feel should be changed. However, many students do not take initia­ tive to change those things. l challenge all of you, as I have challenged myself, to be a part of the solution! '.•:· .... :;:::·=<•:•·t:::. :llttrltt~;!•»b.t~: 1 Theresa M. Wolniewicz Hi! My name is Theresa Wolniewicz and I am running for 2nd year Class Director. I possess a diverse back­ ground which I can bring to the position to help address the problems that face our school. As an active member of the student government for four years at Canisius Col­ lege, I had many opportunities to work on numer­ ous issues of im­ portance. I servedas a class senator where I spon­ sored reso­ lutions andamendm en t s aimed at improv- ....__,_____ __., ingtheconditions of the college and increasing the effectiveness of the student senate. As finance committee chair, it was my respon­ sibility to oversee the allocation of funds to student organizations and to address their fiscal concerns. When I became president of the student body, I had to confront challenges at all levels of the college includ­ ing academics, student services, and finan­ cial matters. I can bring my extensive experience to S.B.A to help represent your needs. Sev­ eral problems including tuition and fee con­ cerns, the condition of our physical facili­ ties, and the budgetary situations of student clubs need confrontation. Please partici­ pate in this year's election and demonstrate the importance of addressing these issues. Thank you for your support! ·•·••1:1~~!:g~#cf/Jle· "Sna ·ea. \ .. Bahaati E. Pitt As a Second Year Class Director, my main aspiration is to help improve the relationship between the stud e n t s and the adminis­ tration. I w i I 1 acheive t h i s through Student­ Faculty forums and a Faculty Manbp program. In addition I will strive to improve the rapport between the various student groups. After all, it is the students who help THEPASSWORD: •-••Y UOO II<• York. N.Y. 100)6 (J IJ} 719-0JOO (100147J,81'9 JO Pan Plu.o. 54111•9H ao.c... 1u OJll6 (617} 69'·99'' (IOO) 166->J .. �NEWS THE OPINION 6 ESLS explained, Con 'Jfrom page 4. posium on Sports t.aw this semester. l have solicited (and continue to solicit) organizations within the University to help underwrite the expenses of this event. However. consider this an open invitation to donate, as students, your time, exper­ tise,to help makethis anothergreatevent. How would you like to get involved. Aslam inmy final year, fwouldlike to leave the ESLS on a positive note. l want to see more speakers. more sympo­ siums and more activities. This can only happen if you, the students, get involved. The amount of the commitment .is up to you, whether you are a member and attend the functionsor you wouldlike to volun~ teer more time- get involved. I suppose that this is not the most subtle attempt to garner participation but we have come to afork in the road. As the highly esteemed baseball legend Yogi Beara said "When you come to a fork in the road, take it." Please contact me for further' infor­ mation, Box #847. Journals, con't. from page 1 Second and third year students can vol­ unteer for this journal, which is overseen by Professor Disare. Circles is theBuffalo Women 'slour­ nal of Law and Social Policy. Circles opted out of the Casenote Competition because it was founded as an alternative to what it perceived as a male-dominated system of legal scholarship. Its role is to provide a forum for expression to those who traditionally have not had one. There­ fore, Circles views the Casenote Compe­ tition as contrary to its goals. Circles has proven to be cutting edge. It was one of the first women's journals to print prose and poetry, and many other women's journals have followed suit. The Buffalo Criminal Law Review is a joint student/faculty journal, with Professor Dubber providing faculty lead­ ership. The Criminal Law Review is expecting to publish its first edition this Spring. Graduation, and the Robert J. Connolly Trial Tech­ nique Award; Benjamin Douglas Pierson: the Adolf Homhurger Law Alumni Associa­ tion Award and the Robert J. Connolly Trial Technique Award; Theresa C. Brophy: the Robert J. Connolly Trial Technique Award and the Order of Barristers; Shelly Chao: the Robert J. Connolly Trial Technique Award and the Law Faculty Award; Nicole C. Johnson: the Order of Barristers and the Law Faculty Award. Additionally, Charles Carbone, Sarah Jane Hemmeter, Judy Sager Hernendez, Jason A Yots, Joseph John Hill, Kristin B. Jones, Sara Anne Meerse, Robert H. Smith, Daniel Werner, and Su­ san Gail Hughes were awarded the Law Faculty Award. Michele Christine Crusius, Laurie Anne Giordano, Lyle T. Hadju, Alexander Erik Bernstein, Kathleen S. Campbell, Su­ san Marie Etu, Aaron M. Pierce, Michelle Murray Radecki, Elena !l-osciglione, John L. Sinatra, and Holly Anne Penelope Tucker received the Robert J. Connolly Trial Technique Award. Karen Bailey, Peter Beadle, Bridget Cawley, William Gargan, David M. Hastings, Michele J. O';'dienko, and Jen­ nifer Lynn Lyons received the Order of Barristers Award. Other award winners were: JosephN. Del Vecchio:TheJohn N. Bennett Achievement Award; Sean Allen Kennedy: the Judge Matthew J. J asenApellate Practice Award; Shawn Wilfred Carey: the David Kochery Award; DavidH. Blackmon: the Laidlaw Law Alumni Association Award; Julia Swire Hillel: the Moot Evi­ dence Award; Laurie Lynn Menzie: the Judge William J. Regan Award; Jason Hale &tern: the Birzon Prize in Clinical Legal Studies; Anne Elizabeth Phillips: the Jus­ tice Philip Halpern Award; Jeffrey Dean Scherzer: the Edith and David Goldstein Award; September 26, 1996 continued from 1 Lisa Regina Strand: the Lavendar Gavel Award; Amy Jean Wendt: the Prentice­ Hall Award; Suzanne Ellen Ouellette: the Maurice Frey Award; and Sharon Lezama-Ramirez: the Minority Bar of Western New York Award. ~~1it;,P.l~9~7y .•.. ,:: ...., ·~:~~ie:~,:1~;~}.!t~;~~t~;it · </ .... ' Fihlev.'said· . . . ~- .."There'slh:erightto .. prg!est;·a~~th,et1 mere's lh~righf'~o it~;~~!'. .,.. Jh~ ~~prerri~(:p,~f¥.i,\rshall'l i~iiAiiilifS: Wanna be bomber bumbled artumenf\villbe lirillfodtofiftyor less UB student Stephen J. Pudlewski, 23, was charged with falsely reporting an inci­ 11 dent as a result of a bomb scare on the North Campus on August 30. The scare resulted in the evacuation of three buildings: Baldy and thei>ro..Choice Networkand;iheuif O'Brian Halls and Lockwood Memorial Library. Baldy Hall was evacuated shortly after 8:30 a.m, after a man called a professor .tPii.. arid'a ti¢ketto the i>r~I •··· saying that he had placed a bomh in a duffel bag in his office. Bomb experts from the Erie County Sheriff's Department were called to cam­ pus. Investigation of the bag revealed items belonging to the student, including a lap-top computer. ..,•.. ~1:•~~~! l ~{1~,~::tu.1t\:~y1;;:tt••· ::, ,~~:x!:i!~ti~:~r:~nJJ~or~~~:, .·i~i:i;;r~rtl~1t1~i~:1~1:: :~w-«ici¢e f,!!tt~~- Scholarship Applications are due today in Room312 ~National Hispanic Scholarship Fund, applications are due on October 1, 1996 THEPASS\WRD: mestic Violence Task Force Softball Tournament will be on October 12. Sign-up in room 604. i Alpha Delta Rush Party 7 :30 tonight! At the Scotch and Sirloin. National Lawyers' Guild party at 8:00 tonight! At the Lafayette Tap Room. Be included in the Docket, and have special activities announced. Just drop a flyer or a note in Box 755! I SOOBroadway ~.,.. York. ~.Y. 10036 (l ll)719-0200 (800) 472-8899 20 Park Plaza. Sull< 931 IIOllon, IIIA02116 (617) 695-9955 (800) 866-7277 �FEATURES September 26, 1996 THE OPINION 7 Alumni lend a helping hand A survey you don't want to miss y Menelik Alleyne, Special to the Opinion For the past two years, I have heard a lot about what classes I "should" take, what I would "need" to pass the bar exam, and what life "would be" like once I entered the legal profes­ sion. Unfortunately, many of this information has come from fellow stu­ dents, whom knew as little about the law and the bar exam as myself, from pro­ fessors whom have not practiced in years, or from biased commercial ven­ dors peddling their courses, study aides and other products. I'm sure that every 2L and 3L know exactly what I am talking about. As for all you lL's reading this ar­ ticle, just wait a couple of weeks and you will have experienced the same. One year ago, it occurred to me that the best pos­ sible source to comment on anything that UB Law had to offer, with its unique qualities, would be its alumni members. Hence, I began the task of developing a survey that would help dispel irrel­ evant notior,s and out­ dated information not obtained from a neutral yet knowledgeable source. I do not claim to be a statistician, nor an expert researcher for that mat­ ter, but merely a law stu­ dent willing to accom­ plish what I came here for - to learn. Further­ more, this survey is in­ tended to be a helpful re­ source for current law stu­ dents by providing basic information from people whom have walked in your shoes, sat in the same seats, and have rode the same "train." The re­ sponses provided will be useful in choosing classes, preparing for the bar exam, and seeking employment. Addition­ ally, for others whom may not look to this survey to assist them with regard to those categories, this sur­ vey will still be useful in letting you know how oth­ ers feel about a particular topic given their particu­ lar experience (which may or may not be simi­ lar to the career goals you have already set for your­ self). In short, this sur­ vey will be extremely helpful as a reference point from which to work in seeking out additional and previously unrealized alternatives, priorities, and evaluations of your own individual choices and values. General, (1) NY Practice & Family & Jeremy Hoffman; and extra special thanks As for methodology, for best results I (2) NY Practice, Estate Planning, Con­ Law, to Dean Alan S. Carrel, for his continued contacted only the most recent graduates to tracts, Criminal Procedure & Sales and Se­ support, tireless efforts to build upon UB's account for a continually changing.VB Law cured Transactions, and (3) Criminal Pro­ tradition, willingness to deal with student curriculum, and recent trends in the legal concerns, and faith in the spirit of UB law. cedure, Torts, Property, Insurance Law, & job market. I targeted the graduating classes Employment Discrimination. SURVEY of 1995, 1994, and 1993 to respond to my Health Care Law, (1) Contracts, (2) All answers having received the great­ survey anonymously with the hopes of so­ Counseling Small Business, (3) Contracts, est number of votes are in BOLD face type. liciting the most honest, and therefore best, NY Practice & Health Care Law classes. Also, I have indicated ties by placing them responses. The response rate for all three Housing Advocacy. (1) Affordable on the same line with which the response years combined were excellent at 10%. I Housing Clinic, (2) Community Economic tied. asked a series of 10 questions of which are Development, and (3) Affordable Housing Question #1 - What three classes of­ listed below with the responses to follow in Seminar. fered at UB Law did you find most helpful ranking order. Whenever possible, I com­ Immigration, Am'. course with a lot of for the bar exam? The top three choices for bined responses into an appropriate cat­ writing! the 1st place, in descending order, are: New egory if that particular response had already Insurance, (1) Contracts and (2) Se­ York Practice; Torts; Gratuitous Trans­ been expressed. However, this was a diffi­ fers. The top three choices for 2nd place curities Regulations. cult task because I wanted to maintain much Judicial Clerkship. (1) Criminal Pro­ are:Torts & Contracts (not Prof Schlegel); of the individual flavor and sentiment ex­ New York Practice, Criminal Law, and Prop­ cedure & New York Practice, (2) Trial pressed by alumni. Technique, and (3) Sales and Secured Trans­ erty; Evidence, and Gratuitous Transfers. I hoped to achieve a delicate balance The top three choices for 3rd place are: actions & Evidence. between combined responses and individual Labor/Employment Law, (l)Con­ _Criminal Procedure & New York Pracexpression, and tracts,(2)Employment Discrimination Law, perhaps in no and (3) Administrative Law. better fashion Legal Services, (1) Civil Procedure, than through the .., (2) Evidence, and (3) Immigration. categories them­ ~ ..::S Legislative, (1) Statutes and (2) Reselves. There­ r.,; search/Writing. fore, every single Medical Malpractice, (1) Torts, (2) category is de­ ';_ Trial Technique, and (3) New York Prac­ rived directly ~ tice. 0 from responses ei: Defense/Lending. (1) Contracts, (2) in the form of a Corporations, and(3) Community Economic quote. I have in­ Development. cluded all Tax Personal Injury. )(1 )Trial Technique, courses under Torts & New York Practice, (2) Evidence, the term "Tax" Torts & Research/Writing, and (3) New for easier com­ York Practice. pilation. There­ Public Interest/Child Advocacy Law, enelik A /leyne fore, the term Tax includes Federal Tax I & (1) Child Advocacy Law, (2) Evidence tice; Property; Sales and Secured TransacII, Corporate Tax, and Estate & Gift Tax. and the Child Victim, and (3) Evidence. tions. No interpretations were placed in the an­ Real Estate, (1) Affordable Housing Question #2 - What three classes of­ swers themselves, just 100% alumni re­ Clinic & Real Property, (2) Community fered at UB Law did you find most helpful sponses. Equally as important, you will find Economic Development Law, Torts & in the area of practice you are in? State the that, due to the nature of open-ended ques­ Real Property II, and (3) Tax. particular area. tions, many responses overlap and extend Non-legal news reporting. Constitu­ For Business Law, (1) Counseling beyond the particular question. Small Business, (2) Sales/Secured Trans­ tional Law. Additionally, every category will not Secured Transactions & Commercial actions and (3) Tax were the most recom­ reflect the total participation of those whom Litigation/Bankruptcy. (1) Real Property, mended classes. participated in the survey because not ev­ For Civil Litigation, (1) NY Practice, Sales/Sec., NY Practice, Bankruptcy Re­ eryone responded to every question. organization, & Counseling Small Busi­ T. Technique & Tax, (2) Civil Procedure, It was encouraging to have received ness, (2) Debtor and Creditor, Corpora­ Torts & Trial Technique, and (3) Evidence, such a warm response from so many alumni Contracts, Debtor/Creditor & Trial Tech­ tions, Counseling & Financing Small Busi­ members willing to help out current law ness, & NY Practice, and (3) Debtor/Credi­ nique were the most recommended classes. students. Furthermore, many of them ap­ F orCivil Procedure, (1 )Criminal Pro­ tor, Sales and Secured Transactions, Tax. plauded the efforts of this survey, and wish­ cedure, (2) Wills and (3) Torts. For Corpo­ ing that they had had a similar survey avail­ rate Law, (1) Contracts, Tax & Insurance able to them when they were in law school, Law, (2) Intellectual Property, Commercial See page 8. truly hoped their responses would be help­ Law & Securities Regulation, and (3) Tax & ful. In fact, many alumni members pro­ Corporations. vided information well beyond what I had For Criminal Law, (1) Crim. Law, actually requested (this too was categorized Criminal Procedure, & as best as possible). UB Law students will Trial Technique, (2) Law & appreciate, and be pleased to know that Psychology, Evidence, & responses were received from over 14 states Trial Technique, and (3) Juin which alumni are currently practicing. venile Law & Real Property. The responses span from coast to coast and For Environmental Litjinclude California, Connecticut, District of cation. (l)Trial Technique Columbia, Florida, Hawaii, Illinois, Mary­ and (2) Research/Writing. land, Michigan, Minnesota, New Jersey, Family Law (emphasis North Carolina, Pennsylvania, Virginia, special education), (1) Edu­ Washington, and of course, New York. cation Law Clinic, (2) Legal Throughout this past year there have Rights of Persons with Dis­ been literally many "hands" working to fur­ abilities and (3) Family Law. ther this project for which I am grateful. For those of whom provided direction, sugges­ Family Law( emphasis tions, and other support, I thank you. Fur­ I ~00 Broadway ZO Park Plaza. Sui It 9} I matrimonial), (1) Family NtwYork.N.Y.100}6 loslon.MA02l16 thermore, I would like to recognize the (212)719-0200 (800) •72-8899 (617)69'!-99SS (800)866-H"" Law, Crim. Law, Crim. Pro. following people and entities without whom & Real Estate with Prof. this survey would not have been a success: Reid, (2) Family Law, Estate Participating Alumni Members; The Planning, New York Practice, Student Bar Association; The Opinion;The & Trial Technique, and (3) Office of Admissions and Records; Illene Torts, Gratuitous Transfers, Fleischmann, Tiffany Weiss, and Sharon Trial Technique& New York McLoud; my good friends, Barbara J. Burns Practice. l Survey, TIIEPASSWORD: �. ~'OPfNiON 8 Survey, r- mTuREs 4 .,., ,"'\f C , > 1 • , September' 26, 1996 con't. NY Practice & Research and Writ­ ing. Worker's Compensation Defense, (1) Insurance Law and (2) Trial Technique. Question # 3 - What bar re­ view course did you take? (1) Barbri - 54 votes, (2) Marino (No longer in busi­ ness)- 10, and Pieper - 9. Question# 4 - Do you recom­ mend it? (1) Barbri-52 yes and 2 no, (2) Marino-8 yes and 2 no, and (3) Pieper-8 yes and 1 maybe. Question #5 - If you took more than one bar review course, please indicate the one(s), if any, you (1) PMBR-6 recommend. recommedations and 1 no rec­ ommendation, (2) Barbri-1 rec­ ommendation, and (3) Pieper-I recommendation. Question #6 - Did you find your ct:rrent job through the Ca­ reer Development Office (CDO)? No - 57 votes, and Yes - 16 (in­ cluding one "former" rather than current job) Ifyes, wasthisthroughaCDO interview? or listing? (1) Inter­ view - 8 votes, and (2) Listing - 4 votes. Question #7 - What advice do you have for students preparing for the bar exam? (1) Follow bar review schedule (do whatever they say). • 24 votes, (2) Give it your all.-19, (3) Leave time for yourself. Relax or you'll go nuts! - 18, ( 4) Take as many practice exams, multiple choice questions, and exercises as possible. - 16, (5) Maintain a steady pace. - 14, (6) Don't panic! Do not compare study habits. - 10, (7) Work out in the gym (do some type of exercise). 9, (8) Don't get caught up in the hype (relax). Do as many MBE questions as possible. - 7 (9) Start reviewing materials as early as possible. - 6, (10) TaJce a bar re­ view course. Take classes of inter­ est and not solely for the bar exam. - 5, (11) Study to learn and not just to be tested. Take one day off per week. Focus on the main topics. Take as many bar courses as pos­ sible. Go for a "just passing" grade because it's a pass/fail exam and there is no need for additional pres­ sure. - 3, (12) Read explanations regarding why you got an answer right and wrong. Pray. Rewrite your notes after class. Index/flash cards are helpful, particularly to­ ward the end of studying. Know black letter law and nothing else. Concentrate on CPLR for the NY portionoftheexam. Use"CIRAC" religiously for all essays. Rest the night before taking the exam, and don't study after the first day of the exam. If Schlegel taught you contracts, take Marino because they make sure you know con­ tracts. - 2, (13) Take bar review course at night since UB's library isn't open at that time. Plan a vacation/goal to work towards. Seek out family and friends for support during the summer. Take bar review cowse two times, once during the summer before senior year, at no extra cost. Call Neigh­ borhood Legal Services if you need accommodations as per ADA (UB's knowledge and assistance is limited). Take Sales/Secwed Transactions & Commercial Pa­ per. Take professors that teach in a clear analytical fashion, and ex­ plain historical developments be­ cause this will help you overall. Free up as much time between graduation and the bar exam. Take at least one type of "Corporations" course. Take one bar exam at a time and worry about others later. Remember it's not the correct an­ swer but how you answer (30% of the exam you won't know). Audio tapes in the library are helpful. Make sure you take two bar exams because you have already done all the studying. Spend extra time with your trouble areas. Bring earplugs to the exam and avoid distractions. - 1 Question # 8 - What advice do you have for students looking for a job? (!)Networking helps (professional organizations, etc.). • 21 votes, (2) Get practical experience. -15, (3) Persistence is key. Be realistic and flexible. - 14, (4) Use CDO solely as a resource, but by no means limit yourself to it. - 12, (5) Do pro bono work because it's a good source of expe­ rience and networking. - 8, (6) Don't Jet the process defeat your self esteem. Look for satisfaction beyond a paycheck (large firm money). - 7, (7) Get involved with extracurricular activities. - 6, (8) Don't discount non-traditional forms of practice (i.e., education and health care administration). Be aggressive, and ask questions on interviews. Pick the employer rather than having the employer pick you (satisfy yourself). If you don't get your dream job, get 1-4 for years of experience because lateral moves are most common. 4, (9) Get informed early. - 3, (10) Seek out another degree if pos­ sible and interested. Seriously consider becoming a solo practi­ tioner (Erie County Bar Associa­ tion is very helpful with this). Take adjunct professors. Have good references. Clerk in the geographi­ cal area in which you want to settle. Don't be afraid to "cold call" em­ ployers prior to sending resumes, and follow letters with a call. Don't overlook the possibility of starting as a "temp." and working your way to a permanent position. Don't bother me because I'm looking too! - 2, ( 11) Have a plan/strategy, and don't just look aimlessly. Let unusual qualities shine on a re­ sume. Flood market with resumes. Finding a job is easier once you pass the bar exam. Think about where you want to be in 5 years. Think about how you will bring business to the firm because they will want to know. Walk resumes into firms personally. Be willing to work as a law clerk. Take Con­ tinuing Legal Education (CLE) cowses. Don't underestimate your own abilities and knowledge upon coming out of law school. Do well in law school. Stress on interviews that you want and can handle cli­ ents. Do not overemphasize re­ search skills. Take assigned coun­ sel cases for experience. Be on time for interviews. Distinguish yourself from others. Research employers well. Computer and language skills are helpful, par- ticularly for public interest work. Don't lie on your resume. Target what you want, avoid mass mail­ ing and generic cover letters. Look for a job that will offer diverse experiences. Interview as much as possible for practice. Obtain jour­ nal experience. Use employment newsletters from other schools. - 1 Question #9 - Other useful comments regarding law school or entrance into the legal profession? (1) Try to get as many market­ able skills, and experience in practical applications as possible (i.e., clinics and clerkships). - 15 votes, (2) Don't limit yourself in law school classes. Take classes in areas you think may not interest you because you must be well rounded (avoid solely taking bar courses). - 6, (3) Don't be discour­ aged when your job search takes one year or more because this re­ flects the market and not you. Do not be afraid to go to other areas outside of actual practice (there are many alternatives). - 5, (4) Always respect other attorneys, the profession, and ·do what you can to improve it. Take adjuncts because they practice what they preach. Prepare for long hours and low pay. -4, (5) Do your best academi­ cally. Try to combine law with another field, because this will give you an edge. Be flexible and go beyond the traditional firm. Know what city you are interested in be­ ing employed and zero in. - 3, (6) Allow time to adjust to new em­ ployment. Cooperation with other staff are crucial to your success. Be prepared to learn all over again. Keep in touch with other gradu­ ates for support. Minimize your debt in the likelihood of obtaining a low paying job. Have fun in law school, you get more out of it that way. - 2, (7) Learn as much about ,book research because firms may not have updated technology. If not on Law Review, convey that you have equal skills. Consider clerking, it's invaluable. Always be prepared, it is the key to win­ ning cases. Try to get involved in a mentoring program with others in the legal profession. Give back to your community. A Master of Laws would be helpful. Just re­ member that many people have been in your shoes and have sur­ vived. Never burn bridges with your colleagues (the legal commu- nity is very small). Develop com­ puter skills. Go to other members of the bar for help because they are often extremely helpful to newly admitted attorneys. Stay focused to your area of practice. Look for satisfaction beyond pay. Start your job search early. Be humble and learn from your support staff, most of whom will know more than you! Use CDO for part time jobs during the school year for experience which can also lead to a full time job. Seek to continue your educa­ tion. Don't be afraid to take a paralegal type job and then move up. Interview as many times as possible for practice. If you want to practice outside of NY take that bar exam first. Know and develop your niche. Show lots of excite­ ment about interviews. Study up on the rules of ethics because these often come up. - 1 Question #10 - Please indicate your year of graduation. # of responses Year 1995 21 1994 31 1993 21 �September 26, 1996 - FEATURES Reported child Pe,:otpersnickity abuse on the rise over debate According to a Department of Health and Human Services study, 2.82 million children were abused or neglected in-the U.S. in 1993. This is up 98% since the last survey conducted in 1986. The study revealed that children in families whose in­ comes were below $15,000 were 22 times likely to be abused or neglected than children whose families who earn over $30,000 per year. Children in single par­ ent homes have a 77% higher chanceofbeingharmedby physi­ cal abuse than kids living with two parents. No racial differ­ ences in maltreatment or abuse injuries were found. Birth parents were perpe­ trators of 72% percent of the abuse. 75% of these children were harmed by their mothers and 46% by their fathers. Although the caseload in­ creased bewtween 1986 and 1993, the number of cases in­ vestigated by state agencies re­ mained constant. In 1986, state agencies investigated 44% of cases of physical abuse. In 1993, only 28% were investigated. UB technology fee skyrockets According to a survey con­ ducted by Of Counsel: The Legal Practice Report, law firms throughout the country experi­ enced moderate growth during 1995. Law firms ranging in size from 47 to 1,858 attorneys grew at a rate of 3.4% in 1995, up from 2.1 % in 1994. This modest growth is seen as a good sign, a turn­ around from the layoffs and attri­ tion of the early 1990s. The highest growth rates were reported by the largest firms, those with 300 or more. These firms, which experienced the greatest downturn in the early part of the decade, grew 4% last year. Firms with 200 to 300 law­ yers grew l. 7 percent last year. This is especially encouraging since these firms have been most troubled in the past few years. Often, this size firm is not big enough to compete with the larg­ est firms, but is big enough to have large overhead costs. Some of these firms experienced growth as high as 5%. Firms with 100 to 200 law­ yers expanded 3.8% last year. Also, there was a rash of new law firm mergers, another healthy sign. This year, the University in­ creased its technology fee from $65 per semester to $125 per se­ mester. This fee increase is ex­ pected to generate $4.1 million during the 1996-97 fiscal year. The increase will help pro­ vide more state-of-the-art technol­ ogy equipped classrooms, more computer lab sites and more LAN sites. It will also provide technol­ ogy upgrades in the Student Union and increased technical support for departmental computing sites. Also, a two year plan for the installation of a common SUNYCard security access sys­ tem to all buildings on campus is planned. There will also be im­ provements to on and off campus access to computerized informa­ tion resources. "Increasingly across the country, dedicated fees for tech­ nology are becoming standard," said Voldemar Innus, senior asso­ ciate vice president for University Services. The technology fees at the four SUNY University Cen- . New anti-virus program ters is "roughly in the same PCTune Up is a new anti­ ballpark," he said. virus online subscription available Source: The Reporter. from Symantec, the company that makes Norton utilities. The pro­ gram can be downloaded from the company's web site (www.tuneup.com). Updates are available peiodically via e-mail for $3.95 per month. The program helps eliminate the fear that traditional software packages will not kill newly bred viruses. Tuneup.com offers soft­ ware upgrades via e-mail and an on-line hard-drive backup service. Natural gas to fuel UB Next month, UB will begin building a new compressed natu­ ral gas (CNG) refueling station. It will be located on the west side of the Helm service area off Service Center Road on the North Cam­ pus, and will tap into existing gas pipelines. The station is expected to begin operation later this fall. This project is a cooperative venture among UB, the Town of Amherst, Erie County, and Na­ tional Fuel Gas Corp. Planning for the refueling station began four years ago in order to meet the requirements of the Clean Air Act. By the year 2000, 80% of new vehicles purchased for state and federal fleets must be run on alter­ native fuels. CNG has a lower carbon con­ tent than gasoline or diesel fuel. Therefore, hydrocarbon and ni­ trous oxide emissions are signifi­ cantly reduced. Carbon monoxide emissions are virtually eliminated. CNG is also safer than gasoline because it has a higher ignition point and dissipates quickly, since it is lighter than air. Vehicles run on CNG also require less maintenance, such as less frequent oil changes. Also, CNG costs about 20% less than gasoline. However, this savings will be offset by the need to pur­ chase new CN G-powered vehicles and conversion of currently owned gasoline-powered vehicles. The refueling station, which will cost between $500,000 and $600,000, will also service Town of Amherst vehicles that run on CNG. The New York State En­ ergy Research and Development Agency has contributed $275,000 to the project. The Erie County Legislature has provided an addi­ tional $300,000 in funding for the project. Source: The Reporter 9 The Crow: City of Angels does little more than caw There'sno place like a homepage The Erie County Bar Asso­ On Monday, Reform Party ciation hasestablisheda homepage Presidential Candidate H. Ross on the World Wide Web. Perotfiled a federallawsuit seek­ The page is located at http:// ing a court order prohibiting presi­ www.eriebar.org. It was prepared dential debates from being con­ by Bar Association Stafferswork­ ducted without him. ing with the Publishing Company The suit claims that the bipar­ of North America, Inc., an Internet tisan Commission on Presidential presence provider. Debates violated its own rules by The homepage includes a prohibiting Perot from participat­ message from Bar Association ing in two presidential debates. President David R. Pfalzgraf, a Perot's running mate, Pat Choate, description of BarAssociation ser­ would also be barred from partici­ vices, and lists of Bar Association pation in the vice presidential de­ Staff. It also contains issues of the bate. Association's monthly publication, The Commission's rules re­ the Bulletin. quire that "objective standards" Also included are the Bar be used for making recommenda­ Association's calendar of events, tions about who will participate. Continuing Legal Education in­ Perot alleges that the Commission formation, Bar Association used a subjective standard in al­ committe descriptions, and much lowing only candidates with a "re­ more. alistic chance" of winning the elec­ For more information, con­ tion to participate in the debates. tact the Bar Association at 852Perot's attorneys hope for a 8687. hearing later this week. The first debate is scheduled for October 6, in Hartford, Connecticut. Law firms grow in '95 THE OPINION by Molly B. Kocialslci, Special to the Opinion Okay, I'll admit it. I loved the first Crow movie. Kickass soundtrackandagreatleadinBran­ don Leeandthe movie madea ton of money. I'm not sure whether thatwas becauseBrandonLee dies duringthe filming andAmericans have a very morbid side and just had to "pull over and watch"; just like on the highways. What the producers forgot the second time is that Brandon Lee is dead and there are no replacements. There neverwillbe. BrandonLeebrought a purity and singleness of purpose to his role in the 1" Crow. Vincent Perez did and can not. Thepremiseofthemoviewas great and much like the first, the plot was predictable. Guy and loved one get killed and guy comes back to wreak revenge on the peoplewhokilledhimandhisloved one. Crow guides guy to the kill­ ers. Not a tough concept. Some­ how, the concept worked okay but the actors and actresses did not. The Movie was very dark; much darker and drearier than the first. The little girl in the first is now a woman and unfortunately was a better actress as a little girl. The second movie had a sexual undercurrent that was en­ tirely inappropriate in light of the purity and single-mindedness of the first. Another big drawback to the movie is the sexual sadist that plays the villain. The first villain was sick but not as sick as the second dude. The second villain's gang is another gag factor. Iggy Pop plays one of the villains. Dur­ ing the whole movie he wears a vest with no shirt. My only thought through the whole movie was that Iggy really needed to be wearing a shirt. The guy looks worse than Keith Richards ( I know y'all think that is possible; if you saw the movie, you know what I'm talking about.). He is definitely the poster child for what survivors of hard core drug use will look like. And, yes, he is ugly. His arms and the tracks on them resemble a roadmap. Yeah, pretty disgusting. The final insult of the movie was the soundtrack. It's not some­ thing I'll run out to pick up and add to my CD collection. How to research on-line as a IL and not break any rules by Julie Meyer, Managing Editor Every first year in UB Law School has begun the infamous Research and Writing course. Though the first memo has not been assigned yet, the first years have probably already found out that they cannot use Lexis/Nexis or Westlaw until the second se­ mester. How does one conduct computer research then without those essential tools? Unfortunately, Lexis and Westlaw are simply the most di­ rect means of gaining legal infor­ mation via computer. Yet other ways still exist. For iodides of links on the Net that are law related, try http://www.yahoo.com/ G legal volumes, forms and periodi­ cals that can be examined and downloaded. The library also has "The Rubber Room," a collection of weird legal theories, court fil­ ings,jokes, anecodotes and bloop­ ers, and "The Bookstore," claimed to be the Net's most extensive collection of law related software. And all of this software can be downloaded for free! Finally, for those first years who need to find out names and phone numbers of faculty and staff members, UB's home page can be a great help. The addresses are: http ://wings. buffalo. edu/directo­ r ies/ ep hone or http:// www.acsu.buffalo.edu.cg-bin/ph. • • • • • • • • •·• • • • • • • : . : ?~~vs~ifaZ .. ... O V e r n m e n t / L a W / Legal_Research/ or http:// www.webcrawler.com/select/ govt.law.html. BothcanguidestudentstosuchlinksasWest'sLegal Directory, Martindale-Hubbell Legal Directory, Supreme Court Rulings,theU.S.Code,theAmerican Bar Association Net and the Global Legal Information Network : · • :· : ' • The Opinion : • prints these/or .: firee! Just dro'P off 'JJ a copy of what :, (GLI~~e :· of the most • : •·•Ads,l·' :• yguwantpub- • : • : ◄ • : : ~::::~=~:~v;n ~:: I:t::::.\:O::!~ : li~h'~~ id!A~f. ..?55, ! pfe--m,9ilyour·•···= 'Lectric Law Library, located at either http://192.41.4.29/ index.html or http:// www.lectlaw.com. Theadvantage of this site is the vast number of :: :=.· request.to: : • : : jvm11,rphy@aC,$U.: • btiffa.;,lo.edu .: .... . ........•. ~, �10 THE OPINION ADVERTISEMENT "My son, Daku, was driving a motorcycle when he was hit by a car and killed. In the hospital was the most difficult time of my life. But because we had discussed organ and tissue donation, it helped me, it helped my family, it helped everyone i~ making the d~cision to donate his organs and tissues. Every day o• DONATION I tell people, talk it over. Don't Shareyourlife.Shareyourdecision~ be afraid." For your free brochure Qrpan & Tzssue about organ and tissue donation, call 1-800-355-SHARE. Photo by GregoryHeisler "'II ~ Coalition on Donation September 26, 1996 �• September 26, 1996 ADVERTISEMENT THE OPINION 11 Speak ~our mind. Feel good about it! an Election Da1.1 J' Uote f •::.\f for 1.1aurcandh:late. Uate for LIDUr countr1..115 But mast of allDIH Unte q:,-..ourself. INTERNATIONAL ASSOCIATION OF CLERKS,RECORDERS, ELECTION OFFICIALS ANOTREASURERS. ... �12 THE OPINION ADVERTISEMENT FirstWeGet YouThrough LawSchool... ThenWeGet YouThrough The BarExam! GilbertLawSummaries Legalines Over4 MillionCopiesSold BAR/BRIBar Review ReliedOn By Over500,000Lawyers GROUP Our Only Mission Is Test Preparation Call Tol/.Free (800) 4 72-8899 or visit our web site at http://www.barbri.com September 26, 1996 � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Opinion, 1996-09-26 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. The Opinion no. 2 26.09.1996 Date Issued Date of formal issuance (e.g., publication) of the resource. 9/26/1996 Bibliographic Citation A bibliographic reference for the resource. Recommended practice is to include sufficient bibliographic detail to identify the resource as unambiguously as possible. 37 2 Publisher An entity responsible for making the resource available University of Buffalo State University of New York at Buffalo Law School Language A language of the resource eng Type The nature or genre of the resource Newspapers Text Is Part Of A related resource in which the described resource is physically or logically included. LIB-LAW003 Rights Information about rights held in and over the resource <a href="https://rightsstatements.org/page/CNE/1.0/">COPYRIGHT NOT EVALUATED</a>. The copyright and related rights status of this Item has not been evaluated. Please refer to the organization that has made the Item available for more information. You are free to use this Item in any way that is permitted by the copyright and related rights legislation that applies to your use. This digital collection is made available for research and educational purposes. Researchers are responsible for determining copyright status, and securing permissions for use and publication of any material. Copyright for items in this collection may be held by the creators, their heirs, or assigns. Researchers are required to obtain written permission from copyright holders and the University Archives prior to reproducing or publishing materials, including images and quotations. For inquiries about reproduction requests and permissions, please contact the <a href="http://library.buffalo.edu/archives/">University Archives</a>. If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/27924f5a9627f028d86057d3e515f4b8.pdf 97dc7603c0eba51cb14cd0fae2f67bb2 PDF Text Text Volume 37, No. 1 STATE UNIVERSITY OF NEW YORK AT BUFFALO SCHOOL OF LAW September 12, 1996 Welcome Back • Boyer welcomes new students into law school by Professor of law and DeanBarry B. Boyer, Special to the Opinion Congratulations to our enter­ ing class of '99, and welcome to UB Law School. It is traditional to greet entering classes by emphasizing that the start of Law School marks a great divide in life: you're put­ ting your past as a layperson be­ hind you and beginning a new life as a professional. There's some truth in that cliche, hut it's also important to remember what you 're not leaving behind. Law School is fundamentally a continuation of your higher edu­ cation: the skills, knowledge, and habits of mind that you built in prior studies will be strengthened and expanded, rather than replaced, by your legal education at Buffalo. Our New Curriculum is de­ signed to prepare you for your professional career through a blend of theory, practice, and social con- able opportunities outside the text. In each of these three areas -- and especially in classroom, too. the broad field of socialconThe Law School has a text--thestudyoflawbuilds diverse group of student oron continuities with the rest ganizations performing tasks of life and learning. suchaseditingscholarlyjourYour experience and nals, performing public serthe things that you learned vice, participating in the govbefore coming here, will ernance of the Law School, have relevance to many developing litigation skills, parts of the curriculum, and and organizing lectures or faculty will encourage you programs for those interested to use your background in in particular types of profesanalyzing the social issues sional activity. we encounter in the law Student organizations school classroom are also good places to make We've made a special friends, both inside and outeffort to recruit an intellec......"-"'......... ------side of the Law School. It's tually diverse class with a Law School Dean Prof Barry B. Boyer also not too soon to startparwide variety of life experiences, ' ticipating in programs offered by because we know that good law- experienceareirrelevant--it'sjust our Career Development Office: yers have the ability to see and amatteroffiguringouthowthey're theJ.D. degreeopensthedoortoa understand all sides of a complex relevanttolegalargumentationand lot of different careers, and you social issue. analysis. have only three years to decide WhenstudentsbringtheirdifThe curriculum at UB Law which of those careers may be fering perspectives and experiwill offer you a wide variety of right for you. ences to bear in class discussions, opportunities to integrate analytiAnother important bridge to everybody benefits. So be a par- cal understanding of the law with the world outside the Law Schoolis ticipant,anddon'tassumethatyour practical experience. But keep in our Alumni Association. During mind that you'll have other valu- orientation, you heard about the many support services they pro­ vide to law students and the Law School. You should try to attend the Alumni Association fall con­ vocation on November 2. This year's program, The Challenge of Change, will review some major changes in the legal profession that will affect all of our graduates, and admission is free for UB Law students. It's an exciting time to be studying law, because the legal profession in the twenty-first cen­ tury will probably be very differ­ ent from the profession that many of ushave known; economics, pub­ lic needs, and changes in govern­ ment policies are forcing the lead­ ers of the profession to re-think many of the accepted ways of do­ ing business. All of you will have a part in those changes, and in re­ defining what the practice of law will be like. I hope that your years at UB Law School will be exciting and productive ones, opening the way to a rewarding professional ca­ reer. Tuition raise likely this year Dean Boyer gives a straight answer on our money by Professor of law and DeanBarry B. Boyer, Special to the Opinion According to the newspapers, this year's SUNY budget crisis had a happy ending: some pro­ posed cuts were restored, and there was no increase in tuition. That's good news for UB Law students, right? Not exactly. The untold story of the budget is the holes it leaves in the operating resources of aca­ demic units like the Law School. This year's cuts -- and there will almost certainly he more in mid-year, aftertheelection--could take away some 6 percent of oper­ ating revenues. These new cuts come on top of three years of shrinking Law School budgets, at a time when we're in the midst of implementing an ambitious New Curriculum. Something is going to have to give -- and soon. Over the past three years as the New Curriculum has devel­ oped, we've added a lot of new features to our course offerings. In the first year, for example, we've added: a new Introduction to Law course, a full-year of Research and Writing taught by specialized full­ time instructors, intensive bridge courses between fall and spring semesters designed to improve lawyering skills, and a year-Jong Perspectives course which in­ volves problem-solving and ana­ lytical skills that cut across the fields covered in the separate first­ year courses There have also been signifi­ cant improvements in the upper­ division curriculum, including: a diverse group of short "bridge" courses in practical skills areas, offered between fall and spring semesters (This year, we plan to offer approximately double the number that were taught last year.) , a half-dozen new curricular con­ centrations and sequences, new op­ portunities for students to work on journals, a greatly expanded Pub­ lic Service Internship for credit, starting in the Spring semester, expanded clinic offerings, despite federal funding cutbacks, a pilot program in "Portfolio Review," in which students will compile asub­ stantial portfolio of professional work product and receive in-school mentoring based on their portfo­ lio, smaller classes, and more ef­ fective use of instructional tech­ nology. All of these improvements in the curriculum cost money, and we're reaching the point where they can't co-exist with a continu- ally shrinking budget. ls there any way to avoid dismantling the New Curriculum before it is fully imple­ mented? One possibility that looks in­ creasingly attractive is what is called "campus-based tuition." The basic concept is simple: keep law students' tuition in the Law School. Last year's tuition hike, for example, raised law students' tuition in the aggregate about $800,000. None of this was avail­ able for program improvements; instead, the Law operating budget was cut. If we had control over at least part of your tuition, we could make more investments in main­ taining add improving program quality. Would tuition rise under this system? There would have to be a modest increase to maintain exist­ ing program, since the gap be- tween revenues and costs has to be closed. The size of the increase would depend on how the general ex­ penses of operating the University are treated in a system of campus­ based tuition -- something that re­ mains to be worked out. Nobody likes to think about raising tuition, especially since many students are already stretched to the limit. New sup­ port systems would have to be developed to assure that qualified students weren't denied access because they were unable to pay higher costs. But in the current fiscal climate, it seems inevitable that we will see significant in­ creases in the Law tuition, sooner or later. The only question is whether they will be used to sup­ port the Law curriculum. �2 EDITORIAL THE OPINION September 12, 1996 Bri11,:i11,: the i\\t1e\ to the \llld1:11t\ \im 1:I 9-l'J BPINION Volume 37, No. 1 Founded 1949 Jessica V. Murphy Editor-in-Chief Septem her 12, 1996 Julie E. Meyer Managing Editor EDITORIAL; Survival Tactics Dear Everyone WELCOME BACK! And for those of you young-uns, WELCOME. This is a super short issue dedicated to saying hi and getting re-aquainted with the torture we lovingly refer to as law school. Just a bit of free advice (it's only worth as much as you paid for it, anyway) to all of you out there, pouring over our pages. To the lL's: RELAX! Law school is an endurance race, so don't use up all of your energy all at once. PLAN ahead. Keep up with the reading. And, Prof. Engel was right, it's easier to make outlines throughout the semester and actually sleep the night before an exam. Review your notes immediately after class, outline once a week, and get a study group going as soon as possible! GET INVOLVED. Law school isn't just about grades. Employers also look at how well you can juggle life with law. This doesn't mean blow off class, but it does mean take a look at what activities are out there, and don't be afraid to try something. You have more time than you think, even if research and writing seems all consuming. Take a mental health day every once in a while, and plan for them so you're not doing your laundry that day. REMEMBER. Law school is something you do ...it is not what YOU are. Law is one aspect of your life ...tryto havealifeoutsideoflaw school, too. You'll beso much happier! To the 2L's: HAHA! !! Real law school begins now. The same things apply to you as the first years. When you feel like you're drowning underneath all the activities and class work and your relationship and making sure you can still find your text books underneath the laundry pile ...take it one thing at a time. This year is a real time management test. You'll get through it! ;vour grades this year matter, too, but so do leadership positions. Above all, keep your sanity. To the 3L's: FREE AT LAST? Ladies and Gentlemen, we're almost there ...Good luck, and look to your friendly neighborhood school newspaper to keep you apprised of developments with commencement, and other fun type activities, etc. Here's to a great semester for everyone! Good luck! Don't forget to vote on November 5, 1996. If you have not yet registered to vote, do it now! The deadline is October 11, the same deadline applies for MPRE registration. You can call the Erie County Board of Elections at: 858-8891. You can also grab a voter registration form on campus, or visit the voter registration home page at http://wings.buffalo.edu/student-life/vp-affairs/vote/. Madness takes its toll, lease have exact chan e. Business Manager: News Editor: Features Editor: Photography Editor: Art Director: Deshika Botejue Kristin Greeley Soon to be filled David Leone LB.Vacant Assistant Editors: Features: Photo: Senior Editors: Steven Bachmann Dit:tz, Len Opanashuk, Samuel S. Chi The Opinion is a non-profit. inde[><!ndenl,student-owned and run publication funded by the SBA from student law fees. The Opinion, SlJNY Al Buffalo Amherst Campus, 724 John Lord O'Bnan Hall, Buffalo, New York 14260 [I 16) 645· 2147. The Opinion 1s puhl1shed every two weeks during the Fall and Spring semesters. It is the student newspaper of the Stale University of New York al Buffalo School of law. Copyright 1996hyThc0pinion, SBA. Any reproduclionofmalerials hereto 1s strictly prohihiled w11hou1the express consent of the Editors. Suhm1s.<1ondeadlines for lellers 10 the ednor and Perspectives are 5 p.m. on the Friday preceding publication. Atlverttsing deadltn,:s are 6 p.m. on lhe Fnday precedrng puhltcatton. Suhm 1s.<10ns may either he sent lo The Opinion at the above noted address, drop[><!doff under The Opinion offic.: door (room 724 O'Brtan Hall), or placed onBox #640 on the third floor of O' Brian Hall. All copy must he typed, doubled-spaced, and suhmilled on pa(l<!randon a computer disk (IBM-WordPerfect 5.1). Leners are 00.<1when wrillen as a part ofa dialogue and must he no more than two pages douhle-spac.:d. Perspectives are generally opinion articles concerning topics of interest to the law school community and must he no more than four pages double-spaced. The Opinion reads and appreciate.< every le lier and Pers(l<!ct1vewe rec.:1ve;we reserve the right to edit any and all suhmis.<ions fur space as necessary and also for libelous conlcnl. The Opinion will not puhltsh unsigned suhm1s.sions. We will return yourdislcs loyourcampus mailbox or toa private mailhox if a self-addre.ssed stamped envelope is provided. The Opinion is dedicated 10 provide a forum for the free exchange of ideas. A.<a result, the views expressed in this newspa(l<!raro not neces.<arily thos.: of the Editors or Staff of The Opinion. "Congress shall make no law ....abridging the freedom of speech, or of the press; ... " •· The First Amendment The prez sez ... Welcome Back to UB Law School On behalf of the Student Bar Association, I would like to welcome back all students to UB Law School and welcome new first years and transfer students. The Student Bar Association is looking forward to a prosperous and productive year here at the law school. I would like to invite all students to become more active in the law school community.· Academics ale clearly very important in your law school career, however it is also important to become active in extra-curricular activities. I encourage all students to become involved and to keep abreast of issues that affect the law school. Your experience here at UB Law is what you make it and you can make the most of this '96- '97 school year with enthusiasm, patience and cooperation. I also wish to remind you that, not only should you use the Law School to improve your own career, you should also help to improve the Law School. The reputation and success of this school depends on your contribution and participation. The value of your degree depends on the quality of the school. Please do not forget this. The SBA is available as a resource. Please feel free to voice any issues or concerns to SBA members or at SBA meetings this year. The Executive Board for '96-'97 is: President Prudence Fung Vice President George HamBoussi Treasurer Bari Levant Parliamentarian Peter Thompson I hope this '96-'97 school year is a happy and productive one for all of you. I wish you the best. Good luck. Prudence Fung President - Student Bar Association �September 12, 1996 FEATURES THE OPINION 3 The First Year's Guide to the Law School Of Laur &. V-lllegar : £ttsc1 Sa11, Mettscl1 attb tl1e Art of law Maitttettattce, & TheTao of Scl11csd by Davids. Leone Orientation comes with the flow of the new year at the Law School. It is an exciting time for the new law students which eventually ebbs into the constant rhythm of studies. I decided to help with orientation this year to get a wooden locker on the first floor, instead of chancing the shadowy basement. As boring as the day promised to be, I felt as though, perchance, I could impart some treasure of knowledge about law at UB onto the kids. I knew they would be eager to write notes on their shiny­ new, bright-yellow legal pads ("legal" pads beirig a misnomer, as they have very little to do with the Law; albeit less of a misnomer than "law" school). My group consisted of three guys and two girls. There was an MBA type wearing a suit and tie, an ivy leaguer with wire rim glasses, a buttoned down future Law Reviewer, a staunch study-Nazi with a Macintosh brand notebook computer, and a chatty future Moot Courter. All-in-all a pretty even distribution, no great intellects, but no Gumps either. We unnecessarily introduced ourselves, as the name tags on our chests left nothing to be guessed, and I began the tour. "We might as well get the basement over with," they were rapt with attention, the study-Nazi had already plugged away 2 megabytes worth of info, "it's where you will spend as little time as possible if you value your possessions and life." Forced laughter. "It's also where you will have your locker." "Why can't we have a nice wooden locker?! ! There must be nearly a thousand counti~g the ones on the other floors and the ones on that food hallway place where all the freaky looking people from the arts building hang out," the ivy leaguer whined in a run on sentence. "Quiet down Russ," I told the boy. "The faculty has big plans for those lockers - employee incentives, storage space, the next office for the Opinion - the list goes on and on." "Can I get a locker with an outlet?" the study-Nazi was nervous, she needed to feed her Macintosh. "Don't worry, by the time you get a locker, your Apple brand computer will be antiquated," I said quite seriously. "You should have bought an IBM brand-clone which runs Microsoft brand software." (The check better be in the mail Bill, that's spelled O-P-I-N-1-O-N). We got into the elevator and hit that funny switch for the basement - why they don't use a regular button for the basement is beyond me. The elevator shivered and shuttered and lurched. breathing. The MBA guy's briefcase had fallen open anda crowbarhadfallenout. The scroll contained a story about three Masters of Law: "Why do you carryone of thesearound?"I asked. The three Masters of Law were standing around a large vat of vinegar, each preparing to taste it. The three Masters represented the "Three Teachings" of the Law School and the vinegar represented the Essence of Law. "In case I have to pry my way into Joyce's Tax I class,"thejostled MBA'er coughed,"I heardit's the only one to take." Tl,,e tl1ree Masters represettteb t'he "Tl,,ree Tuacl1itt5s"" of t'he law Sc'hool attb t'he vittesar represettteb t'he £ssettce of law. "Good idea," I said "I wish I had brought one my first year." I took the crow bar in hand and wrenched the doors of the elevator open. There, before all of our eyes, immersed in complete darkness, was a glowing golden scroll. I moved cautiously toward the scroll flanked by the five students. "Maybe I can wear it as a pin in front of the judges," the future Moot Courter wished out loud. "Quiet," I declared, as I lifted the scroll. I read the bright letters. "Oh, it's a painted Oriental scroll," started the ivy leaguer, "how fitting, after all we are in 'Orient'ation; however it's probably just a highly anthropomorphised-" "Shut-up!" I wailed, "please not another political science major running off at the mouth." I opened the scroll and began to read. It was a very long story, so I will just give you the highlights you' IIhave plenty of other things to read this week. The three Masters were called Engel, Mensch, and Schlegel. Strangely enough, they bore a great resemblance to the three Great Teachers of Eastern philosophy - Confucius, Buddha, and Lao-tse. The three Masters each dipped one of their fingers into the vinegar and tasted it. The expressions on their faces revealed their individual reactions. Engel had a dismayed look on his face, Mensch had a bitter sweet look upon her face, and Schlegel was smiling. To Engel, the Law was not heading in the right direction. What the students needed was a firm grasp of the blackletter law and knowledge of the underlying policy of legal actions. He yearned for students who would understand the subtle weaving of good policy and the ramifications of bad law. Under Confucianism, Engel would teach with precise steps, guidelines, and indications of optimum progression, yet he always feared that the young students would go astray as so many lawmakers had. To Mensch, the Law was both good and bad, yet neither good nor bad - she saw the Law through Zen. She was the Awakened One who lived in a world full of legal suffering, but to her, there was an end of suffering through inner mental progress until Nirvana should be reached. Therefore, she taught the reality of the insufferable legal system focusing on the plodding blackletter laws that students "Have to know." But she drove toward the ultimate destination of enlightenment through a series of mental exercises involving complex policy and mindful interpretation of the cases. To Schlegel, the consummate Taoist, the Law was in perfect harmony with the world around it, be it good law or bad law. Schlegel knew that the Law could be mastered by anyone, through any of the legal disciplines, but not through rigors such as Confucianism. To master the law, one must let go of all guidelines, one need only read and listen to what the great body of cases were saying as a whole. To -· Schlegel, the details of each case would only serve to bring confusion and only then would one suffer. Skim the cases, learn their lessons, and all would go well. I rolled up the scroll and stuffed it in my pocket. The lights had turned back on and the stairway up was only a few feet away. "Well, I hope you all learned something from this scroll," I lectured. "I'm scared," said the Law Reviewer. "Take heart man, this is more excitement than you may ever see, if you do get onto Law Review!" I screamed over the roaring elevator. The elevator was screaming out of control as it hurled toward the bottom of the shaft. KABOOM!!! Dust. Clouds and clouds of dust. I shook myself off and looked around. Everyone was .. "Who are those people? exist?" asked the group. Do they really "Well as a great lawyer once put it - 'The persons, places, entities, and events in this story are fictitious. Any similarity to actual persons, places, entities, or events is unintentional and purely coincidental."' . .n - �FEATURES 4 September 12, 1996 ELCOM Class of 99 Dean Boyer • Wendy Welsch, Theresa Merrill, & Shawn Malta Dale Bolton, Prof. Frank Munger,Deborah Colosimo,Kara Utzig, Brian Ritter, Abran Astudillo, & Rebecca Monck for Alumni Association Reception September 6, 1996 TEI>· PINION The Opinion turns over one third of its staff every year. We need good people an:ltt".trei51+__ _j ideas to fill the gaps. If you want to get on the fast track to legal writing experience - join now. COMING SOON!!! Look for the Opinion table in the main lobby Septemeber 17 & 18 ! ! � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Opinion, 1996-09-12 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. The Opinion no. 1 12.09.1996 Date Issued Date of formal issuance (e.g., publication) of the resource. 9/12/1996 Bibliographic Citation A bibliographic reference for the resource. Recommended practice is to include sufficient bibliographic detail to identify the resource as unambiguously as possible. 37 1 Publisher An entity responsible for making the resource available University of Buffalo State University of New York at Buffalo Law School Language A language of the resource eng Type The nature or genre of the resource Newspapers Text Is Part Of A related resource in which the described resource is physically or logically included. LIB-LAW003 Rights Information about rights held in and over the resource <a href="https://rightsstatements.org/page/CNE/1.0/">COPYRIGHT NOT EVALUATED</a>. The copyright and related rights status of this Item has not been evaluated. Please refer to the organization that has made the Item available for more information. You are free to use this Item in any way that is permitted by the copyright and related rights legislation that applies to your use. This digital collection is made available for research and educational purposes. Researchers are responsible for determining copyright status, and securing permissions for use and publication of any material. Copyright for items in this collection may be held by the creators, their heirs, or assigns. Researchers are required to obtain written permission from copyright holders and the University Archives prior to reproducing or publishing materials, including images and quotations. For inquiries about reproduction requests and permissions, please contact the <a href="http://library.buffalo.edu/archives/">University Archives</a>. If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/1a06d0fbfc60115e9dea79344f21ef6c.pdf 0bfcd6393af0d8e1efd58a1216b1eba7 PDF Text Text Volume 36, No. 12 STATE UNIVERSITY OF NEW YORK AT BUFFALO SCHOOL OF LAW What are they thinking? How Re-thinking SUNY affects UB Law by Julie Meyer, Managing Editor The SUNY Board of Trust­ ees' proposal for changing the state education system, "Rethinking SUNY," will restructure New York's higher education system in light of decreasing state support for SUNY schools. State support of SUNY was cut by more than $176 million in the 1995-96 bud­ get and Governor Pataki has pro­ posed another reduction of $98 million for SUNY in his 1996-97 budget. In 1988, state support accounted for 85 percent of SUNY's budget. Currently, that number ranges between 47 and 48 percent. New York state is rumored to possess a surplus of $445 million from this past fiscal year. These extra funds could be attributed to a strong year on Wall Street, as well as decreased spending on social programs. Pataki has proposed adding $66 million of this surplus to next year's budget, however, SUNY will not necessarily be allo­ cated any of the money. Rethinking SUNY will po­ tentially aff~ct both faculty posi­ tions and financial aid, including the Tuition Assistance Program (TAP). Dean Barry Boyer com­ mented, "Things are changing rap­ idly and confusingly on the budget front, the situation keeps_changing with regard to the Law School bud­ get." Since January, 147 retrench­ ments - official layoffs by the uni­ versity - have occurred in many SUNY schools. UB has not lost any positions yet, due to last year's budget. However, at a budget hear­ ing earlier this semester, Senior Vice President for University Ser­ vices Robert Wagner, stated that 85 to 300 positions were in ques­ tion at UB. The number of law staff jobs that could be eliminated is unknown. Financial aid will also be af­ fected. The Trustees are consider­ ing reducing or cutting the Tuition Assistance Program (TAP). While undergraduates could lose $1,170 in TAP funds, law students might lose all state government financial aid. Loan availability may also be reduced and campus fees in­ creased. The total cost of tuition could be raised by as much as $2300 next year. The 1995-96 tuition increase of $750 forced 8,500 students out of the SUNY system. Because of these potentially damaging effects on jobs and fi­ nancial aid, the New York State Senate Democratic task forc;e on the "Future of Affordable Higher Education" conducted a series of five public forums at campuses across the state to garner feedback on the proposal. The task force was headed by Senate Democratic Leader Martin Connor and in­ cluded ten other Democrats. The task force's goal was to find ways to economize SUNY to accommo­ date decreased state support. In a report entitled "SUNY: Rethinking, Shrinking or Sinking?" released earlier in April, the Demo­ crats criticized the lack of the public's involvement with the de­ velopment of the proposal. The task force commented on the trou­ bling nature of a document re­ leased by SUNY Central, listing 140 programs targeted for elimi­ nation. SUNY Central did not obtain input from either faculty or students for the article. The Democrats made the fol­ lowing recommendations: 1) state funding should be reinstated at its 1995-96 levels, for SUNY and CUNY schools, 2) TAP should be maintained at its current amounts, 3) TAP award levels should stay linked to levels of tuition, 4) Tu­ ition should not be raised, 5) Dif­ ferential tuition, beyond what al-­ ready exists, should not be permit­ ted, and 6) SUNY Central should alter its document to include the ideas of students and faculty. In determining its recommendations, the task force heard statements from over 100 students, faculty and administrators within the five hearings. The task force's report also mentions that in the past five years, SUNY undergraduate tuition has jumped from $1,350 per year to $3,400 per year. UB adds $600 in fees to the tuition, making the total cost $4,000. The Democrats ad­ vised that further tuition increases be avoided at this time. To find out the most up-to­ date information on budget changes and Rethinking SUNY, access the New York State Stu­ dent Assembly's web site at http:/ /stu_ assembly .ca.sunycentral.edu/ May 1, 1996 �2 THE OPINION OP/ED May 1, 1996 b/ Dawlds.Leone So what changes in the curriculum are you going to make next year? \ So what h?thersome crap Well, we're really grasping at are w_egomg to have to put straws trying to look convincing up with next year? so we can continue to get raises Well, we have a focused, goal­ oriented plan that will move this while pursuing our own political school toward the first tier. agendas. \ What1smeanL What1ssaid. Interpreting -UBLaw-ese• STRESSED out over the Bar Exam? LET PIEPER HELP! ! ! PIEPER BAR REVIEW has been preparing students to take the New York Bar Exam for over 20 years. This is the only course where you will be prepared by John Pieper, an expert in bar exam preparation. Don't settle for less .than the best! ! ! Call 1-800-635-6569 �NEWS May 1, 1996 THE OPINION 3 Dub rule's memory honored by all Law students combine creative talents to remember their friend by Kristin Greeley, News Editor About fifty law students and faculty attended a memorial ser­ vice for Chris Dubrule, who passed away in December. Also in atten­ dance were Dubrule 's parents and his wife, Mary. The service was held on Friday, April 19, in the Center for the Arts. Reverend Roger Ruff opened the ceremony with a welcome for the attendees. Rev. Ruff said, "Chris made the most of his present for himself and others. The chal­ lenge now is for us to carry on now that he is gone ...This is a time to commit to undertake the tasks, hopes, and dreams which Chris took on ...The best and most hal­ lowed expression oflove for Chris is to make our world a place of happiness." 2L Denise Neuhaus then read a poem entitled "The Fruit of Life: A TributeinFondMemoryofChris Dubrule." Neuhaus' sister, Mel­ issa, wrote the poem especially for this occasion because Neuhaus could not find a poem or other reading that adequately expressed her memories of Dubrule. "Chris taught us to appreciate the fruits of our lives," Neuhaus said. The ceremony continued with members of the law school com­ munity expressing their memories of Dubrule. The first to speak was Dean Nils Olsen. Dubrule was in Olsen's first year Civil Procedure class, and began working in Olsen's Environmental Policy clinic the summer after his first year of law school. Olsen said, "Chris stood out as an individual with superior in­ tellectual and personal qualities ...He demonstrated a real ability to empathize with his clients ...not only have we lost a member of our community, the profession has lost a person of unusual personal qualities and po­ tential." The next to speak was 2L Marianne Pansa, who was instru­ mental in planning the service. She said that in Dubrule she knew she "actually found a true friend ...Chris cared about the people around him; you felt connected to him no mat­ ter how long you knew him." "What really struck me was his love for his family, especially his wife Mary. He was very vocal about that," Pansa said. She then read a poem entitled "Drop a Pebble in the Water." Pansa said that Dubrule was like a pebble dropped in the water, creat­ ing ripples whose impact affects Students of color co-sponsor dinner Candles highlight commitment to achievement personal experiences with the law ods Program and the students of inspired everyone present. He color. Professor Filvaroffwas hon­ encouraged all the future lawyers ored to receive this award and he to remain true took the op­ April 27, 1996was a night to themselves portunity to to remember. The University's and to remem­ remind the "' i:: Inn Grand Ballroom was filled to ber their re­ ~ audience of ...i capacity by students, faculty and sponsibility to ~ Professor alumni celebrating UB School of their ancestors ~ Hyman'sinLaw's diversity. The Annual Stu­ when directing ~ novative vidents of Color Recognition Din­ their legal ca­ sion in cre­ ner combined the efforts of the reers. Mr. ating a pro­ Asian American Law Students As­ William's gram sensi­ sociation (AALSA), the Black Law moving words .,,... tive to the Students Association (BLSA), the received a ,...,. needs of dis­ Latin American Law Students As­ standing ova- (L-R): 1L Kristen Nowaldy & advantaged guest, & IL Leila Hila/ sociation (LALSA) and the Native students. American Law lion by everyEvery organization rec­ Students Asso­ one present. ognized their graduating members "' ciation § Every by presenting them with small gifts (NALSA) in "' ...i year the reflecting their appreciation and honoring the ~ graduating best wishes in their future endeav­ ~ achievements of ;,. students are ors. Unique to the Students of ~ C:) the graduating asked to se- Color Dinner is the tradition of the ,S' students of­ !eel a faculty graduating third year students to .s color. C member who pass their legacy to first and sec­ ~ c:,. T h e has demonond year students. This candle highlight of the st rated an out- light ceremony inspired the remain­ evening was the 2L 's Alfredo Acevedo & Lenora standingcoming students to continue their com­ keynotespeaker, Foote mitment to mitment to their respective orga­ Paul Williams, the students of color. This year's nization and to continue to strive Esq., a distinguished Native Ameri­ Jack D. Hyman Award was pre­ for the diversification of the legal can tribal attorney practicing in sented to Professor David B. profession in the hopes of improv­ Canada. His speech combining Filvaroff for his dedication to the ing the opportunities available to Native American tradition and his UB Law School, the Legal Meth- people of color. by Jeanette Castagnola & Karen Scalley, Special to the Opinion the water far from it. "He had such a consistent personality, his presence is still felt by all of us," she said. The third speaker was 2L Bill Ganley. Ganley praised Dubrule's "ability to make you feel comfort­ able and at ease ...He always had time for those who sought him out." "If we can learn anything from Chris' leaving us, it's to take time to value friends and family," Ganley said. The final speaker was 3L Dan Werner. WernerpraisedDubrule's love for life and family, and his ability to make others feel wel­ come. "Chris represented the force­ ful rejection of the division this place creates," Werner said. After a period of reflection, Rev. Ruff read a poem entitled "The Path that Leads to Nowhere," by Corinne Robinson. 3L Bob O'Brian then gave a musical tribute to Dubrule. He performed a song whose lyrics were the text of a letter falsely convicted murderer Nicola Sacco wrote to his son the night before he was executed. The letter was set to music by folk singer Pete Seegar. The song contains Sacco's instructions to his son about how he should live his life in his father's absence. The last line of the song expresses Sacco's hope for how his son will treat others: "Help the weak ones at your side." Rev. Ruff closed the cer­ emony by conferring the traditional Gaelic blessing on the participants. A reception followed the ser­ vice. The SBA also accepted con­ tributions toward a scholarship fund in memory of Dubrule. ~-------------------~ I-------------.-~~:••• : ;cio"1U£P TJ.lfAT£R ! lI oW\JEV Ti-lfATtR I / / · l l I 1 ~ I I i..__/f {I , / ; : L // hii , l, ,~s, IF You'Qf'.' 1lci'1NG- 1o -ri+i; HRs"fAK~l-l"DHi;:Nt,You'I/~ Go,- Ii' 8.40:::WARDS/ ' •~AMN 1T. c~1G, L-------------------~ ::::;::::::::::::r::::::: ···•,•·····':.. ..... •,• .............. .·.:.:::.:.:.:.:::.:(~));~:~:}::~: ~~~~ Correction: In our 4/17/96 issue, the features :.tory we ran incorrectly named·BLSA as the sole sponsor of the Students of Color Dinner. BLSA co-sponsored the Students of Color Dinner in conjunction with: ( . . - ..-----.. ..- ---..- ---..- .. -.... ... - .... - �EDITORIAL THE OPINION 4 Bri111:i111: the"'"''' t11tl1t 1/11t/u111 111He Tell us your opinion! /Y.JY BPINION Volume 36, No. 12 Founded 1949 Jessica V. Murphy Editor-in-Chief May 1, 1996 May 1, 1996 Julie E. Meyer Managing Editor EDITORIAL: Since this is our last issue, we will be unable to print any of your comments or suggestions regarding this issue or salient law school concerns. However, we will be more than interested in what you have to say next year, and look forward to serving you. Thank you. The Staff of the Opinion Be a block-head Attention Professors: In case you haven't noticed, over the last year the faculty have switched the law school to a system of blocks instead of semesters. Each former semester now consists roughly of three blocks, with a single block between the Fall and Spring sessions. I like the new system and I openly applaud it. Clap, clap. B~d and a DJ.:AU in ~-dil ev~ a w~ a pl~llilt ~~r.with f.auly &96.d imw.4: Conspicuously absentfton1:-'tiuseyen_t; mostfactilty. ·____ . ..:_·.-'.. --<_,-..·.__,., _.-:-/ . .Earlfortffis spmJ& thtfSBA:held the s~rid Bariisters• Batt !\gain,tlier~~as) The new system allows for convenient compartmentalization (I learned that word in Corporations) of classes only needing four or eight weeks to complete. Also, the Fall and Spring blocks are now symmetrical. The school calendar for 96-97 includes both a Spring and Fall break. So, the law school now provides equal opportunity for the seasons. I'm sure Mother Nature will be pleased. However, the block system not only encompasses short classes and happy mothers, but also ideally creates a whole mental state, to be embraced by professor and student alike. So why am I telling you this? Because the block system needs some PR. Professors treat the block system like an orphan. Case in point: only one of my ten professors took blocks into account when designing their respective course outlines. (I'm not going to tell you her name, but it rhymes with "wrench" and she teaches a course that has a lot to do with the Sherman Anti-Trust Act.) Taking a purely blockheaded view, the course was excellent. Her course was broken into two parts. (Okay, professors need to start paying attention here). She used the first and secbnd blocks to teach and discuss case material. The third block was dedicated to student presentations. The reading was, of course, heavier than normal in the first two blocks, but her outline provided heavenly relief from reading in the third block. Additionally, the student presenta­ tions were informative, relaying the current issues affecting the area of law covered in the course. This structure gave the class time to prepare for the exam. Imagine actually having time to sit back, review, and understand a course's material, instead of learni11~case law right up until the twelfth hour. So, professors, take a step back and ask yourself, "Self, are you really helping the students by bombarding them with case law for an entire semester? Maybe, Self, you should step in line with the block system and help to turn the law school into a modern, more successful learning institution." In other words, maybe you too should be a blockhead. David S. Leone Photo Editor Editors' Note: We concur unanimously. Clap, clap, clap, clap, clap, clap!!!! ---------STAFF--------Business Manager: News Editor: Features Editor: Photography Editor: Art Director: Deshika Botejue Kristin Greeley I.B. Vacant David Leone I.B.Vacant II A<isistantEditors: Features: David Fitch Photo: Senior Editors: Michael Chase, Steven Bachmann Dietz, Len Opanashuk Editor-in-Chief, Emeritus: Samuel S. Chi The Opinion i.<a non-profil, independenl, student-owned and run publicalion funded by 1he SBA from studenl law fc!c:.<.The Opinion. SUNY At Buffalo Amber.a Campus, 724 John Lord O'Brian Hall, Buffalo, New York 14260 (I 16) 6452147. The Opinion is published every two week.< during lhe Fall and Spring semesters. It is the s1uden1 newspaper of the S1a1eUnivers11y of New York al BuffaloSchooloflaw. Copyrighl 1996byTheOpiJiion.SBA. Any reproduction of materials herein 1s s1ric1ly prohihiled wilhout the exrres.< consenl of lhe Editors. Suhmis.sion deadlines for lellers 10 lhe edilor and Persf'<'Clives are 5 p.m. on the Friday preceding publication. Adverusing deadlines are 6 p.m. on 1hc Friday preceding puhlicalion. Suhmis.<ions may cilher be sen I to Tile OpiniOIIal 1he a hove noted address, drof>f>Cd off under The OpiJi;OII office door (room 724 O' Brian Hall), or placed in Box #(>40on lhe lhird floor of O'Brian Hall. All copy mu.<Ibe typed, doubled-sraced, and suhmilled on paf"'rand on a compuler disk (IBM-WordPerfccl 5.1). L:llers arc best when wrillen as a part ofa dialogue and must he no more lhan two pag"-<douhle•Sf"'ced. Persp,:ctivc:., are generally opinion article:.<concerning lopics of interest to lhe law school communi1y and mus1 he no more 1han four page:.<double-spaced. Tile Opinion read.<and •J111reciatc:.< every ieucr and Perspccllve we rcccive; we res.:rve 1heright 10edil any and all submis.<ions for space as necc.ssary and also for libelous c11n1en1.The Opinion will not puhhsh un.<ignedsubmis.<ions. We will return your disk.<to yourcampu.< mailbox or to a privale ma1lhox 1fa self-addrc:.s.sedslamped envelop,: L<provided. The OJlinionis dedica1ed 10 provide a forum for lhe free exchange of idea.,. A.<a resull, lhe views exprc:.s.sedin this ncw,papcr arc n111nec.:s.<llrily those of lhe Ed11orsor Slaff of The OpiJiion. "Con,:res.f.fhall make no law ....abridging the freedom of speech, or of the press; ... " •· The Firsl Amcndmen1 PAD explains directory solution To All Law School Community Members: As most of you have already noticed, we did not print and distribute our Annual PAD Student Directory this year. We sincerely apologize for any inconvenience this may have caused you. We have already rectified the problem, and have begun executing plans for next year's directory. We ask for your patience and understanding in this matter, and look forward to serving you in the future. Very Truly Yours, Molly Kocialski, Justice Scott Lovelock, Vice-Justice Anne Graff, Treasurer Jessica Murphy, Clerk �News May I, 1996 THE OPINION 5 AALSA hosts alumni discussions Law Review lauds Prof. Joyce wa<;a Ford Fellow at Harvard. Joyce also clerked for the Supreme Judicial Court of Massachusetts and the Both past and present members of the Court of Appeals, District of Columbia Cir­ Buffalo Law Review congregated to bestow cuit. honors upon UB Law Professor Kenneth F. Since 1984, Joyce ha<;been the Execu­ Joyce at the Seventh Annual Law Review tive Director of the New York State Law Dinner, held la'lt Thursday, April 25 at the Revision Committee. He, along with former Delaware Park CaLaw School Dean sino. Louis Jaffe, The evening's authored Chapter guest speaker was 17 of the treatise the Honorable Judicial Control of Kevin M. Dillon Administrative Ac­ '76, Erie County tion. He has also District Attorney written numerous and adjunct profes­ articles on federal sor of criminal law taxation. at UB Law School. According to J a m e s UB Law School Graeble, 3L and Dean Barry Boyer, Editor-In-Chief of the demand for the Buffalo Law Joyce~s classes is Review, said, "Pro­ consistently high, fessor Joyce repre­ and Joyce wins the sents all that a great Faculty Award at law teacher should commencement be, and we want to regularly. give him the rec­ Joyce's ognition and praise teaching focuses that he deserves." upon federal taxa­ Professor tion, trusts and es­ Joyce continues to tates. serve the UB Law Boyer said, School Commu­ "Joyce is appreci­ Professor KennethJoyce nity after 32 years. ated by faculty and HereceivedaB.A. students alike for and an LL.B. from Boston College, as well his keen intellect, wonderful sense of hu­ asanLL.M. from Harvard University. Joyce mor, and marvelous teaching ability." by Jessica Murphy, Editor-In-Chief AALSA Members (Lto R): 2L Thomas Rhee, 2L Sam Chi, 3L Sadasivam Manickam, 2L Flora Chan, and JL Min Chan by Sarah Braen, Staff Reporter On Friday, April 26, AALSA spon­ sored two events which addressed impor­ tant current legal issues as well as some basic elements of the legal profession as a whole. The first event was a presentation by alumna Susan Soong. Soong discussed the new guidelines to assist Immigration and Naturalization Services Asylum Officers in processing the claims of female applicants in gender-based asylum cases. These guidelines also make the pro­ cess less difficult for the women in these cases. The new guidelines include sugges­ tions such as having a female officer to listen to the claims of women and having a female interpreter to more accurately repre~ sent the claims. Other guidelines include a resource center to assist officers in their deliberation, including information on cultural differ­ ences which may aid the officer in making a full and correct analysis of the woman and her claim. Soong said these guidelines are a ne­ cessity in light of the recent Terrorism Pre­ vention Act, which reduces the amount of judicial review of asylum denials. Under the Act, only the asylum officer supervisor can review such denials. These guidelines are more crucial now since they help assure that cases are viewed in the most favorable light at the earliest possible stage in the process. The second event was an alumni dis­ cussion panel. The participants were Soong, Vi pan Singh, Stephen Lee, Maxine Lee, and Jean Brenner. The panel discussed their careers, their views on the career search process and interviews, and the opportunities for law graduates. They also discussed the effects that their Asian-American identity had on their job search, interview process, and re­ lations with clients. Both events were well attended. Par­ ticipants interviewed agreed that the pre­ sentations were "very informative" and "in­ teresting." MR REVIEW ATTENTION 1997, 1998 & 1999 GRADS ' ENROLL NOW ·& PAY LATER As a special promotion during April and May, you may enroll in the DAR/BRI New York Bar Review Course in one of two ways. COMPLETE AN ENROLLMENT APPLICATION lt997 GRADS I Include your $75 re,iiatratlon fee and secure a $1495 tuition. Thia entitles you to receive selected BAR/BRI outlines and review lectures throu,ihout law school, preparation for the MPRE plus computer software for Evidence. I OR Put NO MONEY DOWN and secure a $1525 discounted tuition. You will be billed in June for the $75 registration fee. The $75 payment, due by July 15th, will "lock in" the discounted tuition. Upon payment of the $75 registration fee, you are entitled to receive all the benefits listed above. 11998/99 GRADS I Include your $75 re,ilatration fee and secure a $1445 tuition. Thia entitles you to receive the First Year Review Volume, software for Contracts, Criminal Law, Property and Torts, lectures for your first year subjects, plud all the benefits listed for 1997 g •. OR Put NO MONEY DOWN and secure a $1495 discounted tuition. You will be billed in June for the $75 registration fee. The $75 payment, due by July 15th, will "lock in" the discounted tuition. Upon payment of the $75 registration fee, you are entitled to receive all the benefits listed above. There you have it - two options. With either option, no additional p~yment bey~md the $75 registration fee is required until your last semeste_rof law scho~l. W~1chever option you choose, you get New York's and the nation's most experienced bar review with a proven track record of success for more than 25 years and you save at least $120 off the I 996 tuition. Also note, with either option, if you get a job with a firm that p~ys for your bar review course, we will immediately refund you the $75 that you have placed with us. Additionally, if you accept a job in another state, your enrollment may be transferred to that state and you will receive the tuition in effect at the time of your enrollment. To take advantage of either option, see your representative or contact us at (800)472-8899. Trust the POWER OF EXPERIENCE to work for you �NEWS THE OPINION 6 May 1, 1996 BPILP silently succeeds Silent Auction raises funds for grant program for nine law students in public interest projects. Patty O'Master, a stalwart UB Law supporter, commended BPILP and Leslie Platt's efforts on behalf of BPILP, stating, "BPI LP is a testament to the age of coopera­ tion." The Justice Jam, which funds the Joe Antonecchia United Farm Workers' Schol­ arship, also made a showing at the Silent Auction. Joe was a UB law student who died suddenly two years ago. This scholarship continues his committment to providing legal ser­ vices to migrant farm workers. Public interest programs pro­ vide legal services to those who might otherwise have no access to legal counsel. These programs de­ pend on government funding and private donations to operate. Legal services are vulnerable to government spending cuts, legal services are particularly dependent on private donations to remain in operation. These organizations typi­ cally cannot afford to pay law students who want to work in the public interest. BPILP and the JoeAntonecchiaSchol­ arship fund jobs for students who want to drive benefit the BPILP grant program. The legal community turned out in Marla Pilaroscia, Staff Reporter force to support the Silent Auction, which Going Once! Going Twice! The bid­ was the brainchild of lL Theresa Cusimano. Loyal law school BPILP supporters ding was fierce for the many prize itt!ms also bolstered the turmoil, despite a rather auctioned at the first ever Buffalo Public negligible faculty presence. Music was Interest Law Program (BPILP) Siknt Auc­ provided by the Hot Cargo String Band, tion held Saturday, April 20 at the Center for featuring Professors David Engel and Frank Tomorrow. Munger, and law students Brigid Lyons, Among the items auctioned were two Jessica Falk, Bob O'Brian, Dan Werner and bar review courses, Professor Isabel Scot Budelmann. Marcus's antique rocker, a day at the horse Later, a DJ took to spinning discs that races with Professor Lucinda Finley, and drew a mob to the dance floor. lL Shawn gold-seat tickets to see the Sabres next sea­ O'Buckley could safely quit law school for son. a great career as an auc­ The item that caused tioneer. the biggest round of see­ BPILP was founded sawing bids was a one-year in 1979, and is one of the supply of Anderson's fro­ oldest public interest pro­ zen custard. gr ams in the Unjted Bidding for the cus­ States. tard started at $12, but rap­ BPILP is currently idly escalated to the clos­ distinguished as the most ing bid of$70, paid by law active public interest pro­ school supporter Marc gram of American law Panepinto, husband of 2L schools. Catherine Nugent. 2L Sharon McDermott This summer, Proceeds from the places a bid BPILP is funding grants silent auction and fund- work in the public interest. Support for• BPILP and the Joe Antonecchia Scholar­ ship is crucial. It is never too late to support the public interest law programs at UB. A few BPILP t-shirts are still available, and donations are always gratefully accepted. For more infor­ mation on BPILP, contact Leslie Platt, Box #778. For more information on the Joe Antonecchia Scholarship, contact Catherine Nugent, Box #760. BPILP President Leslie Platt, 2L, speaks with two faithful BPILP supporters Slatter, 3L, wins IOLA Fellowship by David Fitch, Assistant Features Editor Kerry Slatter, 3L, recently became the fourth UB Law graduating student this year to be awarded a prestigious public interest fellowship. Earlier this spring, Slatter learned that he was chosen over hundreds of national applicants as one of only ten Legal Services IOLA Fellows. As stated in the April edition of the Legal Services Jownal, the goals of the fellowship are to "increase the number of advocates available to poor people, recruit minority attorneys to work in legal services, encourage innovation in delivering legal services to the [disadvantaged] ... and meet legal needs of the poor in areas not covered by legal services or private attorney in­ volvement efforts currently." Slatter's two year fellowship is funded by the Interest on Lawyer Account Fund of New York and administered by GULP, Inc. As an applicant, he was required to arrange to work in a civil legal services organization located somewhere in New York State. This entailed submitting a prospective project that he would implement if awarded a fel­ lowship. Slatter's proposed Fair Housing Im­ pedimentStudy obviously caught the judges' attention. The study will examine "the housing market within a geographic area and look to see if low income and minority persons have access to that market," says Slatter, who will implement the program at Legal Aid Society of Northeastern New York in Albany after taking the New York Bar later this year. The project, which will constitute half of his responsibilities, will try to "build bridges with different communities and eco­ nomic development organizations within and around Albany," he explains. "If some- one wants to go into a bank and apply for a loan, [I'll look to see] if they are denied access to loans because of their minority or income status." He'll also be involved in investigating potential discrimination in real ~ " ..:l ~ "Try and get a broad base of classes," he suggests. "I didn't want to pigeonhole my­ self into one area because you never know what the [law] market holds for you," he explains. After spending two summers work­ ing as a summer clerk in a legal aid office in Tennessee, Slatter is excited about his upcoming fellowship. "The fellowship gives me the opportunity to do the work I want to do. [Plus] I get to see the project through," he says. :-g ! ~ s { Kerry Slater, 3L WHY estate and insurance practices. The other half of Slatter's time will be spent "working in the areas of family law, elder law, disability law, consumer law, public assistance law - the general areas that an entry level legal aid attorney would come into the office doing," he adds. Originally from Atlanta, Georgia, and a graduate of Moorehouse College, Slatter gives two practical reasons for choosing to head north into the arctic tundra to attend UB Law School. "UB has a reputation for public interest law, and I knew I wanted to be in the public sector." And second? "My fiance is from Buffalo," he adds with a smile. Regarding advice to upcoming students who might be interested in public interest law, Slatter recommends Family Law, Elder Law, Legal Rights of Persons with Disabili­ ties and any of the public interest clinics. BAR/BRI BECAUSE EXPERIENCE COUNTS Lei the POWER or EXPERIENCE""work for you �FEATURES May 1, 1996 THE OPINION 7 Dear Audrey ... What to do when asked an illegal interview question Dear Audrey, I had a curious conversation . with some of my friends the other day. During an interview, one of my friends was asked all sorts of questions that I thought were specifically prohibited by Title IX. Why would a legal professional intentionally break the law? What do I do if I'm faced with an illegal question at an interview. What do I do ifl really need that job? Signed, Up The Creek ... is a valid lawsuit, every illegal and inappropriatequestioncanhaveachill­ ing effect on the interview. HOW TO HANDLE THE SITUATION General Strategies: Some questions may not be ille­ gal, but they can still be offensive. Both types of questions will require "handling" by candidates . .Identifying where your interviewer falls in the above-listed categories may help you decide which response to take. -- answer the question. Just be­ cause the question is illegal to ask d_oes not mean it is illegal for you to answer. This may appear the easiest way out, but can also leave you disappointed with yourself. -- answer the question, but also indicate (advise, remind) to the inter­ viewer that it is an inappropriate ques­ tion. Tact is the key here. -- refuse to answer the question. This approach can put you out of the running. However, when done in a tactful, non-confrontational manner this can be an opportunity to shine. If you feel strongly about the question, be true to yourself and take this route. If the employer rejects you, it is not the place you want to work. -- get behind the question and provide the information the employer really wants to know. For example, a question about the number and ages of your children is not so much a refusal to hire parents, as a concern about your reliability. Assure the employer that there are no obstacles that would prevent you from meeting time com­ mitments to the firm. -- file a complaint with CDO. No matter which response you take, al­ ways inform CDO about the incident, at least verbally. To make it official, put it in writing. If nothing else, it keeps the details. Many law offices appreciate knowing how their inter­ viewers perform because it reflects back on their organizations. Your feedback is vital. ----------Dear Up The Creek: Amazing as it seems, illegal and inappropriate questions continue to show up in interviews. The questions come from all sectors, public and pri­ vate. Sadder still they come from lawyers AND judges. Many legal employers share your distress about these lines of question­ ing. They go to great lengths to train and condition their interviewers to con­ duct proper and effective interviews. They usually achieve their goal. However, there are a number of interviewers who fail, are oblivious,to or ignore the legalities and proprieties of interviewing. They include those who: -- made a mistake (know they asked a wrong question and regret it); -- do not hire often enough to know or invest in learning current stan­ dards; -- do not know they have a prob­ lem (they've always asked these ques­ tions; no one has complained); -- are terrific lawyers; therefore assume they are terrific interviewers; -- see their questions as "friendly conversation" (~, inexperienced in­ terviewers who do not know what to ask; attorneys who do not see them­ selves as prejudiced and believe that your response will not influence their hiring decision); -- believe that if you precede an illegal question with the phrase, "I know I shouldn't ask this but ... ," it becomes a legal question. In all of the above cases, illegal questions potentially can result in an interviewer being sued by a candidate. WHAT'S ILLEGAL? As described by H. Anthony Med­ ley in his book SWEATY PALMS: THE NEGLECTED ART OF IN­ TERVIEWING (available in the Law Library) illegal questions are those which directly cr indirectly "reveal information as to race, creed, color, national origin, sex, marital status, dis­ ability, age or arrest record." Mr. Medley then advises readers that an unhired candidate putting in a discrimination claim must show that "[t]he question must have been asked for the purpose of discriminating ... or have the effect of discriminating against you." While not every illegal question Specific Strategies: The following examples of typi­ cal illegal questions and suggested re­ sponses is taken from a handout pro­ vided at a meeting of the National Association for Law Placement. Cop­ ies of this and other handouts ;ibout illegal/inappropriate questions are available in Rm. 610. Gender l. (Asked of women) Do you have plans to having children/family? Suggested Response: "I don't know at present. I plan on a career and believe it will be successful with or without family." 2. (Asked of women) What are your marriage plans? Suggested Response: "If you are concerned with my ability to travel or my commitment to my employer, I can assure you that I am quite aware of the job's responsibilities and personal commitment. 3. (Asked of men) How would you feel about working for a woman? Suggested response: "There would be no problem. I have effec­ tively worked with men and women while in school." Age l. How old are you? Suggested Response: "I wish to be evaluated on my skills, compe­ tence and experience. My age is irrel­ evant." 2. What is your date of birth? Suggested Response: "I feel my age is an advantage at work in terms of the broad-based experienced it has afforded me." 3. How would you feel about working for a person younger than you? Suggested Response: "Age does not interfere with my ability to get along with others. I am adaptable and respect supervisors who are knowl­ edgeable and competent." National Origin 1. Where were you born? 2. Of what country are you a citizen? Suggested Responses: "Actu­ ally, I am American to the core, and America consists of people from many national origins. Since it has been my home for so long, I feel like a native." "I am proud that my background is _____ . My heritage helps me to deal effectively with people of various ethnic backgrounds." trained. What I need might be minor adaptations of the work station and a supervisor who hires me for what I can do rather than for what I can­ not do." Religion 1. What is your religion? 2. Do you have any religious beliefs that would prevent you from working certain days of the week? SuggestedResponses: "My re­ ligious preference should have no relation to my job performance." "If working on evenings or week­ ends is actually a part of the job requirement, I would prefer to dis­ cuss that after we know whether or not I am the person you most wish to hirt. for the position." Race or Color l. Are you of ___ _ heritage/race? 2. Do you feel that your race/ color will be a problem in your per­ forming the job? Suggested Responses: "I do not feel I should be judged on the basis of race or color." "I've had extensive experience working with people with a variety of back­ grounds. A person's race, whatever it may be should not interfere with the work environment." Generic Answer The Career Development Of­ fice has informed me that I am not required to answer an illegal ques­ tion and questions about _____ are illegal." Good luck in your job hunt! Disabilities l. Do you have any disability? 2. As a disabled person, what help are you going to need in order to do your work? Suggested Responses: "Any dis­ abilities I may possess would in no way interfere with my ability to' per­ form all aspects of this position." "Actually, I don't need help doing my work because I have been adequately - Audrey Good Luck on exams! WHY BAR/BRI BECAUSE EXPERIENCE COUNTS TM Let lhe POWER OP EXPERIENCE work for you �8 FEATURES THE OPINION May 1, 1996 The AWLS land at UB Ambitious lL 's restart defunct group by Kristin Greeley, News Editor 1 lLs Eileen Duggan and Erin Barclay have recently revived the previously defunct Association of Women Law Students (AWLS). AWLS had been a student group at UB Law until 1991 or 1992. Duggan and Barclay decided to rejuvenate AWLS as a result of their participation in a Baldy Cen­ ter Discussion Circle about Women and the Law, led by UB Law Pro­ fessor Lucinda Finley. Acording to Duggan, the Baldy Center Discussion group provided the opportunity to meet other lL women and exchange ideas about issues pertinent to women. She and Barclay wanted to continue this exchange of ideas, so they sought out AWLS. Duggan and Barclay discov­ ered that AWLS had been inactive for four or five years, although no one was sure exactly how long. The pair decided to reactivate AWLS. They approached the SBA to see if AWLS still had a constitu­ tion and was an officially recog­ nized group. This past March, Duggan and Barclay petitioned the SBA for start-up funds, although they had already been meeting for a few weeks. Duggan said the group was "a portunity to make zation of our own that restarting wonderful op­ this an organi­ design that ad- dresses our own needs." The group initially operated as a discussion circle, putting ar­ ticles about women's issues on reserve in the library for interested members to read and discuss at the group's meetings. This format, according to Duggan, was a good way to "iden­ tify issues pertinent to women in general and women in legal prac­ tice in particular." it also helped identify the many different areas within "women's issues" that are being investigated and the topics that still need to be addressed. According to Barclay, the group is "a forum to address issues of women [in the] law and law school...lt is a resource group, a place to gather information about women and the profession." Since then, the group has had many women speak at their meet­ ings. The first was Laura Mangan, the Assistant Director of the Baldy Center for Law and Social Policy. Mangan spoke about the many re­ search opportunities available to students through the Baldy Cen­ ter. AWLS also hosted a panel discussion featuring Professors Lucinda Finley, Teresa Miller, and Martha McCluskey. The three professors discussed their own experiences as law students and their perceptions about the UB Law experience for women. This topic was particularly pertinent to the group, since many of its regular members are lLs. Most recently, Professor Isabel Marcus spoke to the group about her work regarding domes­ tic violence in Eastern Europe, specifically Poland. An AWLS member, lL Kristin Long, will be working in Poland this summer in an internship developed by Marcus. AWLS is also beginning a fund-raising campaign, for which they will be selling a framed pho­ tograph entitled "The First Power Lunch." The photograph, by a California photographer, is a take­ off of DaVinci's "The Last Sup­ per." It depicts a group of women having a discussion, Apostle-like, around a large conference table. "Everything that we do sends messages," says Duggan," so we try to put a lot of thought into our image and dispelling false images ...This group is about the intersection of women and race, class, sexual orientation, and a host ofother topics. We wantthis group •to be inclusive rather than exclu­ sive. We want all women to feel that they are welcome and can be a meaningful part of our organiza­ tion." Barclay expands this notion even further: "I see the group as open to everyone, men included. It can be a positive experience for men and women to get exposure to different perspectivesregarding women in the profession and women's issues in general." Student Perspective: Time for nationalhealth care We have come to a point in history where rights must be considered as something more than potential privileges - as the very things which define the good life and animate the pursuit of happiness, the very things which make us human from which are derived human rights. It has been said that, after all, people are suckers for the truth and our history does bear this out. We knew in our hearts that slavery was an unconscionable evil, the original sin of our nation, yet its proponents argued for the property rights of slaveowners and the right of individual states to barter human beings. Still the 13th, 14th and 15th amendments became the law of the land. We knew in our hearts that the railroad and steel barons could and would use the black letter of the law to rob good hard-working people of their labor, yet the anti-trust legislation of the last century revealed the spirit of the law to be greater than legitimized theft, legalized slavery and a monarchial class system inconsistent with our democracy. (Well into the 20th Century, proposed legislation prohibiting child labor was decried in both the House and the Senate as a violation of the right to contract!) We knew instinctively when an economic depression paralyzed our country with fear that the cause was not our lack of thrift or character, but a relationship between government and business that could neither satisfy our needs, account for our wants nor quell our fears. The remedy was bold, if revolutionary social policy which called for affirmative rights. And now, how do we account for one of the highest infant mortality rates in the entire world? How do we rationalize malnutrition in the country with the potential and resources to feed three planets? How do we countenance free market rhetoric to justify a system that leaves our country half-slave and half-free? What, then, is our democracy all about? What are the virtues of our republic? What is the purpose of our government for which we as citizens pay? Our government derives its just powers from the consent pf the governed. In the first and last analysis, it is not some byzantine bureaucracy that gives us our rights, it is each other. The right to-health care, as I see it, embodies all of the other rights. We are coming to a point when our Bill of Rights will become meaningless without it. If tax credits can give homeowners a break, we can have health care. If we can launch shuttle crafts deep into space, we surely can have health care. If we can bail out Chrysler and the Silverados, we can have health care. If we can sign blank checks to first support, then fight Saddam Hussein, we must demand national health care. If churches and religious organizations can grow prosperous without paying taxes, we can have health care. If we cannot rise to this level of civilization and guarantee the human right that Canada, Sweden, Germany, Great Britain, Denmark, Australia, Japan and other nations have guaranteed their citizens, then we may very well become the evil empire some had feared. It is up to us. Robert L. O'Brian, 3L �FEATURES May 1, 1996 •• 9 COURTWATCH by Stncn Bachmann Diet: .. S£'nior Editor Supreme Court limits juries in patent cases The Supreme Court held April 23, 1996 that the Seventh Amend­ ment does not require juries to determine the meaning of the terms of art within a patent claim. The holding, in Markham v. Westview Instruments, Inc., 1996 WL 190818 (U.S. 1996), is striking because of the rarity with which a constitutional question is decided by a unanimous vote. Judge Pauline Newman, in her dissenting opinion to the Fed­ eral Circuit Court case that was upheld by the Supreme Court, made clear the significance of this holding. "[T]he meaning and scope of disputed technologic and other terms of art in particular us­ age are classical questions of fact," she wrote, "Their nature of fact does not change because of their finding, like most findings in liti­ gation, has a legal consequence. By redesignating fact as 'law,' the court has eliminated the jury right from most trials of patent infringe­ ment." Markham v. Westvi~w In­ struments, Inc .• 52 F.3d 967, 999 (Fed. Cir. 1995). The concurring opinion by Judge Mayer of the Federal Cir­ cuit Court agreed regarding the significance of the decision up­ held by the Supreme Court. "[T)he [Circuit] Court...eviscerates the role of the jury preserved by the Seventh Amendment of the Constitution ...[the Circuit Court decision) is of a piece with a broader bid afoot to essentially banish juries from patent cases altogether," he wrote, "If it suc­ ceeds juries will be relegated, in those few cases where they have any presence at all, to rubber stamps, their verdicts preordained by 'legal' and 'equitable' determi­ nations." Markham, 52 F.3d at 989. The case involved a dispute over a patent on a system to moni­ tor and report the status and loca­ tion of clothing within a dry clean­ ing establishment. The system operates through a data processor that generates written records, in­ cluding a bar code. The owner of the patent filed a patent infringement claim against a rival system which also used a data processor and a bar code. The bar code was used to determine and display prices of dry cleaned items, not to generate reports on the status and location of such items. The jury held that the second system infringed upon the patent. The District Court, however, granted a deferred motion forjudg­ ment as a matter oflaw. The court held that the term "inventory" in the claim meant articles of cloth­ ing, rather than cash or inventory receipts. Therefore, the patent was not infringed, unless the rival sys­ tem was capable of both tracking articles of clothing throughout the cleaning process and generating reports about the status and loca­ tion of the clothing. The Circuit Court affirmed the District Court, holding that the interpretation of patent claim terms was the exclusive province of the court, notwithstanding the Seventh Amendment. TheSeventhAmend­ ment preserves the right to trial by jury in all suits at common law exceeding 20 dollars. According to Souter, courts have traditionally held the right Congratulations to the Class of 1996 from the staff of the Opinion the Seventh Amendment preserves is the one that existed under 18th Century English Common law. According to Souter, the first ques­ tion was whether the cause of ac­ tion was one that was tried at law in the 18th Century or is analogous to such a cause of action. He concluded that it was. The second question, accord­ ing to the court, was whether a particular issue occurring within a jury trial was itself a jury issue. In other words, was the construction of a patent claim within the prov­ ince of a jury at the time the Sev­ enth Amendment was written? Justice Souter concluded that there was no answer to this ques­ tion, since patent claims did not exist at that time. Souter also searched the historical record and could not find sufficient evidence that construction specifications were the province of a jury during the 18th Century. Neither could he justify inferring that 18th Cen­ tury juries acted as definers of patent terms from the mere fact that such juries decided patent cases turning on such issues as enablement and novelty. On the contrary, the practice of most courts at the time decreed that judges interpret the meaning of documents, according to the opinion. Since the historical examina­ tion yielded scant evidence in fa­ vor of the application of the Sev­ enth Amendment, the court looked to precedent as a guide, but found it wanting. Souter finally looked to policy considerations. He found that judges, not juries, are better suited to determine the meaning of patentterms, because of the highly technical nature of patent claims. Credibility determinations, at which juries excel, are rarely in­ volved in these claims, according to the court. Souter also cited as a signifi­ cant policy consideration the need for uniformity in patent law. The court concluded that the interpre­ tation of the word "inventory" in the case was the province of the judge. Both Newman's dissent and Mayer's concurrence stressed the importance of who determines this kind of question. "To decide what the claims mean is nearly always to decide the case." Markham, 52 F.3d at 989 (Mayer, concurring). WHY BAR/BRI BECAUSE EXPERIENCE COUNTS ... Let the POWER OF EXPERIENCE work for you �THE OPINION 10 ADVERTISEMENT .. May 1, 1996 :• .... ·.-:: .• ·- -~ • DRUNK DRIVING DOESN'T JUST KILLDRUNK DRIVERS. Andrea I-larris, killed Aug-ust 26, 1.991at 6:00pm on El Carnino Real, Atascadero, California. Next time your friend insists on driving drunk, do whatever it takes to stop him. Because if he kills innocent people, how will you live with yourself? FRIENDS DON'T LETFRIENDS DRIVE DRUNK. tetlnn �ADVERTISEMENT May 1, 1996 11 THE OPINION • @reprobablysaying room. But you may not know •• •• that you use more w-aterin the •• bathroom thananyplaceelsein • to yourself,any four-year-old knows how to use the bath- ..., • • • yourhome. In fuct,betweenthe • you're shaving.And Saveup to15% morewaterbyinstalling a weighted jug inyour toilettank. • • ::..sink you can use up ·-:, .. to 55 gallonsa day. Youcouldendup Multiply that by the using30 to60% lesswaterby number of homes usinga low-flow showerhead. in the world, and thats a lot of naturalresources going down the drain. Now, were not sayingyou thinkyou'll remember to smg one. Shorter songs make for shorter showers. And for the bi~est culprit of .5 ... . ·<:![ll]l simplehathmom 11;tining..·. ifyou don't feeldie need _//'ttf%t a weightedJugm the tank. We'rejust suggestingsome Andoh yeah, hall,don't : them all,the toilet, try putting should stop taking showers or brushing}Ottr teeth. • • • • •• • • • •• • • • •• • • likean opera · .J/l{lIt will hdp savewat('J·every iilli thisnewspaperwith }OU the next time you go. FORMOREINFORMATIONAND TIPSCAl.l. 1-ROO-MY-SHARE. ,.,/:, 4 %":;{~') time you fltLsh. Plus,dorlt ::,'· ,.·ttflHMJI hltget to llu·n out the lights t .;.,vt::]iiililil!lll~llll!l~JJ r bn1shingyotU· teeth, nu·n off when you lc;ivc.)hu'II be :::· For instance,when you're d1cWclt('J·. Do die sat11cwhen flit, _.. helping to conserveclccaicity. .. .- ·. •.• . t J·. w:i!::;si!~ •. •·· i teethcansave : . ::· IT'SA CONNECTED WORLD. DOYOURSHARE. ff~arth Share~! - �THE OPINION 12 **AS OF 4/4/96** ADVERTISEMENT May 1, 19% BAR REVIEW NEW YORK SUMMER 1996 LOCATION INFORMATION (ALL LOCATIONS BEGIN 5/29 & ARE VIDEO UNLESS OTHERWISE INDICATED) ALBANY ANN ARBOR, MI ATLANTA.GA AUSTIN, TX BERKELEY,CA BOSTON, MA BROOKLYN BUFFALO CAMBRIDGE, MA CAMDEN, NJ CHARLOTTESVILLE, VA CHICAGO, IL 1) HYDE PARK 2) GOLD COAST CONCORD.NH DURHAM,NC HAMDEN, CT HARTFORD.CT HEMPSTEAD ITHACA LOS ANGELES, CA MANHATTAN 1) DOWNTOWN 2) MIDTOWN 3) UPTOWN 4) WALL STREET AREA MIAMI, FL MONMOUTH CTY, NJ MONTREAL, CAN. NEWARK, NJ NEW HA VEN, CT NEW ORLEANS, LA NEWTON, MA PALO ALTO, CA PHILADELPHIA, PA PITTSBURGH, PA POUGHKEEPSIE QUEENS COUNTY 1) FLUSHING 2) JAMAICA ROCHESTER ROCKLAND COUNTY SO .. ROYALTON, VT SPRINGFIELD, MA STATEN ISLAND SUFFOLK COUNTY I) HUNTINGTON 2) RIVERIIEAD SYRACUSE TORONTO.CAN. WASHINGTON, DC WHITE PLAINS Albany Law School - (Begins 5(12,) Univ. of Michigan Law School - (Begins 6/3) Southern College of Technology - Student Center - Marietta Univ. of Texas - Tarlton Law Library International House Boston Univ. School of Law Brooklyn Law School SUNY at Buffalo School of Law Harvard Law School Rutgers Univ. Campus Center - North Cafeteria Omni Charlottesville Hotel - (Begins S/28) 9AM/1 :30PM/6PM 9AM 1:30PM 9AM 1:30PM 9AM/1 :30PM/6PM 9AM/1 :30PM/6PM 9AM/1 :30PM/6PM 9AM/1:30PM 1:30PM 9AM Univ. of Chicago Law School · Northwestern Law School Franklin Pierce Law Center Duke Univ. - School of the Environment Quinnipiac College School of Law Univ. of Hartford - Gray Conference Center Hofstra Univ. School of Law Cornell Law School BAR/BRI Office - 3280 Motor Avenue 9AM 9AM 1:30PM 9AM 9AM 9AM 9AM/1 :30PM/6PM 9AM/1:30PM 1:30PM NYU Law School A - Eastside - Loews New York Hotel - 569 Lex. Ave. (at 51st St.) B - Westside (I) Town Hall - 43rd St. (bet. 6th Ave. & B'way) - (Begins S/22) (2) BAR/BRI Lecture Hall - 1500 B'way (at 43rd St.) Columbia Univ. - Altschul Aud. (117th St. & Amster.) - (Begins S/28) Marriott Financial Center - 85 West Street 9AM/1:30PM 6PM BAR/BRI Office - 1570 Madruga Ave, Coral Gables Holiday Inn - 700 Hope Road - Tinton Falls McGill Univ. - Old Chancellor Day Hall Rutgers Univ. Law School - (Begins 5(12,) Colony Inn - 1157 Chapel Street Tulane Law School Boston College Law School Stanford Law School Sheraton Univ. City - 36th & Chestnut Univ. of Pittsburgh School of Law Vassar College 9AM 1:30PM 9AM 9AM/1 :30PM/6PM 9AM 9AM 9AM 1:30PM 9AM/1:30PM 9AM 9AM CUNY Law School St. John's Univ. Law School Days Inn Downtown - 384 East Avenue Nanuet Inn - 260 West Route 59 Vermont Law School WNEC School of Law Wagner College 9AM 9AM/1 :30PM/6PM 9AM 9AM 1:30PM 9AM 9AM Touro College of Law Ramada East End - 1830 Route 25 Syracuse Univ. College of Law Ontario Driving Training Center - 20 Eglinton Ave. East GW Law School - (Begins 5/30) Georgetown I ,aw Center - (Begins 5/30) Pace Univ. - Hayes Theatre 9AM/1 :30PM/6PM 9AM 9AM/6PM 9AM 9AM/6PM 1:30PM 9AM/1 :30PM/6PM 9:30AM (LIVE) 9AM/1 :30PM/6PM 9AM 6PM � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Opinion, 1996-05-01 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. The Opinion no. 12 01.05.1996 Date Issued Date of formal issuance (e.g., publication) of the resource. 5/1/1996 Bibliographic Citation A bibliographic reference for the resource. Recommended practice is to include sufficient bibliographic detail to identify the resource as unambiguously as possible. 36 12 Publisher An entity responsible for making the resource available University of Buffalo State University of New York at Buffalo Law School Language A language of the resource eng Type The nature or genre of the resource Newspapers Text Is Part Of A related resource in which the described resource is physically or logically included. LIB-LAW003 Rights Information about rights held in and over the resource <a href="https://rightsstatements.org/page/CNE/1.0/">COPYRIGHT NOT EVALUATED</a>. The copyright and related rights status of this Item has not been evaluated. Please refer to the organization that has made the Item available for more information. You are free to use this Item in any way that is permitted by the copyright and related rights legislation that applies to your use. This digital collection is made available for research and educational purposes. Researchers are responsible for determining copyright status, and securing permissions for use and publication of any material. Copyright for items in this collection may be held by the creators, their heirs, or assigns. Researchers are required to obtain written permission from copyright holders and the University Archives prior to reproducing or publishing materials, including images and quotations. For inquiries about reproduction requests and permissions, please contact the <a href="http://library.buffalo.edu/archives/">University Archives</a>. If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/6ee8137f2cc3f5ab26cc1c4195dc3f48.pdf dc93b4d005cc997eff7ffb61f190bb26 PDF Text Text J I J NEWS Lady lawyerspack pithy points See page 3 I J OP\ED Editor-in-Chief is outta here! See page 4 I FEATURES A candid visit with Professor Meidinger. See page 7 ■ —--"-— THE OPINION Volume 36, No. 11 April 17,1996 STATE UNIVERSITY OF NEW YORK AT BUFFALO SCHOOL OF LAW That's Entertainment! ESLS hosts first ever entertainment law symsposium mindwhen dealing with people as general manager. Land believes the by Maria Pilaroscia, Reporter The Entertainment and Sports contracts for performers and shows. Healso deals with tax law. As a not-for-profit, Artpark sometimes hosts fundraisers and also receives bequests, both of which have tax implications. Other areas of law that affect Artpark are copyright law and First Amendment law. Midland said theater is a high profile aspect of entertainmentlaw, and an exciting two most important Law Society presented the first Symposium on EntertainmentLaw in Western New York on Monday, April 8, at the Center for Tomorrow. qualities an aspiring sports or entertainment lawyer can possess are willingness and capa- Dean Alan Carrel opened the symposium andwelcomed all participants. He also congratulated ESLS for attracting leaders in their fields to speak to UB Law students. Steve Boyd, a first year law student and reporter for WKBW Channel 7, moderated the symposium. Panelists were Eric Land, President and General Manager of WGRZ Channel 2, William L. to R.; Steve Boyd, William E. Grieshober, Lynn Wolfgang 2L, Eric S Grieshober, Associate Corporate Land, David Midland, andAndrew Freedman 3L Counsel of Rich Products Corpoare always at the forefront ofsocibusiness manager instead of going ration, and David Midland, Presistarted dent and Chief Operating Officer ety. He gaining experience to law school. of Artpark. Land said the most valuable in television in high school sweepThe first panelist to speak was ingfloors andcleaning the weather legal information he has encounEric Land. Land said the enter- board at a local television station. tered was from his business law tainment business is a magnet be- Although he contemplated earnclass: the reasonable man doccause entertainment and the arts ing a law degree, he became a trine. He keeps this doctrine in The second panelist, David Midland, came into entertainment law inadvertently. He intended to get an MBA, but was sidetracked when a friend asked him to be business manager for a the- field to work in. The final panelist, William Grieshober, was a member of UB Law School's Class of 1988. He joined Rich Products when they were contemplating bringing majorleague baseball to Buffalo. Instead of major league baseball, Rich Products brought a minor league team, the Bisons, to Buf- as president of Artpark, he dealswith theater and concerts. This business ennot tails just selling tickets and marketing, but making deals, too. falo. Rich also owns two other baseball teams and two radio stations. Grieshober said the trend in the radio field is for businesses to consolidate. The effect of this Artpark is a presenter and promoter, but also produces some things from scratch. Midland deals with contract law, such as service contracts for concessionaires, and See h/SL/Sy on Women in the legal profession of Women's Law Center, spoke about the by Jessica Murphy, News Editor challenge of finding a job and creating a The New York State Bar Association solo practice. "You have to concentrate on Committee on Women in theLaw presented your case. No matter what you wear, no a panel entitled "Women in the Legal Promatter where you are, no matter who you're fession: A Reality Check from the Field," in front of, if you know you're case...and if last Wednesday, April. 10. you know the law, you're going to be on Six panelists spoke of their experit0p...1 think one ofthe best things I utilized ences ofbreaking intoand succeeding in the in Buffalo was the Erie County Bar Associalaw profession. They were: The Honorable tion because they have many different comE. Jeanette Ogden, Buffalo City Court Judge; mittees that focus on many different areas Kathleen M. Carmody, Director of the Bufofthelaw...it was amazing to me how helpfalo Women' sLaw Center; Sarah Hill Buck, ful people .the Buffalocommittee was President and Founder of Fiduciary Serterrific..." vices, Inc.; Barbra Kavanaugh, Buffalo Carmody also suggested that students Common Council Member at Large; and look into the Volunteer Lawyers Project as Susan J. Egloff, Senior Court Attorney for well as the Erie County Bar Association. Buffalo Surrogate Court. Susan Egloff, holds a Ph.D. from Yale, Ogden spoke stressed preparation and and was an assistant professor ofEnglish at confidence as tools of success in the courtthe University of Pennsylvania before beroom. "It is the way your present yourself. coming a lawyer. Egloff has served as a It is the level ofpreparation you display...and director oftheErie County Bar Association. if you do that, andretain your confidence in Egloff addressed the unusual road she folyourself, that is the first step of making lowed to become an attorney. "I didn't set other people recognize that you certainly out to be an attorney, I set out to be a college are an integral part of the law, that you professor...l taught for five years at belong in the courtroom, in every aspect and Perm...but I was a part of the so-called lost on every level, and that you can do the job generation of scholars...whose opportunijust as well, if not better, than any other ties to move up in academe were stalledby male lawyer." Carmody, recently appointed Director See Reality check from the field, p. 3 Qftponorimo lO R t£&£» .?/, /J><s* 3>ec*ml«* 13, 1335 5.00fr.m,., Friday, Cd/irU 13, 1336 T£n*ver*Uy atCnjaffab istioiUA T^amfitu were.. tn« CforeencM S&ootn oralreception follow. will ®X» S%cUrUGl!>a* OAuodatUnt wiUaccefU memorialcontri&atioru lor a icAolanAiAland. MP '■& f &sue*liion4 iAoald'ie directed'to CJ&iiociate 2)ean CAvndra. &f. Ootids and/or &s>»? J3- <?&«*, 312 @CH*ian. dftpaM, €45-2061. *J fe % page 11 �THE OPINION 2 Greg Mattacola April 17, 1996 Follies and Fumbles Columnist Do it for Johnny, man! I DON'T KNOW. Another column. What that means eight readers is a healthy dose of my rapierlike wit, my thoughtful insight, my social commentary and hopefully cause for a laugh or two. Well friends, it's two hours before this column is due and I know nothing. I've been holed up writingmy appellate brief for two weeks and I know nada. So unless you want to hear about some freak who went berserk and took an automatic rifle to his class reunion, we might have some troubles this time around. But I'm going to give it a try anyway. If CalRipken can play in over 2,000 consecutive ballgames, I can spew some trash onto this paper. I'll do it for Johnny, man! Who the hell is Johnny? (See. There's eleven words. This is easy!) to my faithful DOES ANYONE KNOW THE HEIMLICH? You know what they say about sharks right? If they stop swimming, then they sink. Apparently, Greg Norman forgotthose swimminglessons from summer camp! Norman started out on fire in the '96 Masters and seemed a lock to win his first green jacket. He had an amazing 6 stroke lead going into the final round. The obese lady was starting to hum but wait! Norman chokes! Norman chokes! Nick Faldo has won the Masters! Nick Faldo has won the Masters!(I should doradio too!) The worst chokejob in Masters history, Faldo ended up winning by five strokes! This already has people calling up the ghost ofBill Buckner for a comparison. Andas a little extra tidbit, this third and fatal round for Norman happened on the 84th anniversary ofthe Titanic going down! Pretty fitting, as the Shark was in the water more times than on the green. The jacket didn't go with your hat anyway, Greg. HELLO POT? THIS IS KETTLE. Did anyone catch Magic Johnson gettingtossed from a gamebecause he bumped into the ref? This happened just days after Nick VanExel was ejected, suspended and fined for tossing aref onto the timer's table. And who was the most public in their critique of VanExel? None other than Lakers Captain Earvin Johnson. All right, Magic it may have been an accident and wasn't even close to as flagrant as your punk teammate's incident but how do you even allow yourself to get in that situation after all that's happened? Do you still wear Converse? Want some hot sauce with that size 14? ESPN II (The Deuce to fellow junkies) and theBandits were nothing short of dominating. For anyone who has not seen one of these games, get your tail there next year. It's possibly one of thefastest and most physical athletic events you can watch. Now what I want to do is to get Rob Ray to pulla Deion and alternate gamesbetween the Sabres and the Bandits. There's not really a fighter in lacrosse like this disciple of the Hansen brothers (You couldn't have forgotten SlapShotl) so I think Ray could really draw some crowds! BYE BYE. The Buffalo Aud is no more. The last home game of the Sabres was played this past weekend as the team is now moving to the brand new Marine Midland Arena. It's been a part of Sabres hockey for a long timeand deserves a rest. Now, what to do with it? May I suggest a MAD BUFFALO DISEASE. Buffalo gets a lot of new nightclub for Jim Kelly? After all, isn't it smart abuse, once in a while undeservingly. (Is that even a word?) business to go and open an even bigger place after you've Other than bitchingabout law school, tooling on Buffalonians run about five bars into the ground? Do you think Jim went is a close second for my favorite past time these days. The to the DeVry Institute? I haven't mentioned politics at all fact that I just saw penguins walking down my street in the thistime so I'll end with this. Does anyone know what was the middle ofApril has a little to dowith it. Then whenyou the first event ever in theBuffalo Aud? You guys couldn't factor in the Bills, the shape the streets are in, and Bills fans, do squat with myBarney Rubble question so I'll tellyou. It there's alot to work with! But, I willacknowledge greatness was in 1940 and it was a rally for the Wendell Wilke for when I see it. The Bandits! They justwontheirthird Major President campaign! I swear! See? Look how muchricher Indoor Lacrosse Championship by beating thePhiladelphia your life is with that info. All right, I'm done! And I still Wings. I didn't get to a gamethis year but I've been in the have forty-five minutes before my deadline! Not bad, huh? past and these guys rock! I saw some of the title game on By the way, Andy are you living on Elm Street? Don't gamble your future PIEPER PEOPLE PASS! ! ! Why take any chances with the biggest exam of your life? Shouldn't you be prepared by the bar exam expert? People who must pass the New York State Bar Exam, Call PIEPER BAR REVIEW 1-800-635-6569 �NEWS April 17, 1996 THE OPINION 3 Reality Check from the Field, the abolition of the mandatory retirement age for college professors...So, 1looked for something where i could use some of the skills I had developed, and I looked to the law...and there I developed an interest in trusts and estates." Egloff strongly urged that stu - dents become active within the Erie County Bar Association. "I would encourage you to get involved in Bar Associations, and join the committees of the bar association. That's where you learn about the law and find out about the developments in your field. ..and also to make contacts to become known to people and to develop a reputation." Buck, also the vice-chair of Buffalo General Foundation, spoke about her alternative to a law career, and stressed the necessity of computer proficiency. Buck emphasized that the three years she spent at home with her child was one of the best decisions she ever made, but that when Buck saw an opportunity, she shot for it. "1 needed to do something different...To me, [computer technology].. .was going to change thewaywepracticedlaw...lsawa market for the kinds of thing 1 know how to do, and want to do...Being independent has given me opportunities to do things I never wouldhave been able to do now.. .There are some bright spots, I think for many people that public office is really the essence ofpublic service..." The program was organized by the NYSBA Committee on one firm...there is more and more spe- continuedfrom page 1 alumnae, Maryann Saccomando 3iother duced eachof the panelists. Freedin t three s, is cury vice dent of cialization in the 1aw..." and a 3L at Syracuse University College of Law, spoke about NYSBA's Law Student Council, and explained, "It's purpose is not only to sign up new members, but dation. also to react tothe students' needs." Co-sponsoring groups were: 3 NYSBALaw Student Counc Law School, Cornell Law School, BLSA, Syracuse University College of Law, National Women's Law Student Association, NYSBA Committee on Minorities in the Profession,Association ofWomen Law Students at UB Law, Circles, LALSA, and the Women's Law Caucus at Syracuse University College of Law. Area practitioners joined the panelists after the discussion. All of the women were encouraged questions, and answered openly on subjects ranging from how to juggle a family to what they practice and why. Each woman spoke for less than ten minutes in order to accommodate a one-on-one question and answer session between students and practitioners. Every woman encouraged students to be adventurous and courageous. "I encourage you to go and invent your future," said Buck. Audrey was ielniak, istant for Ca)evelop- with , wel- dtheau:e of than 40 ing a member of the nts Buff al o AALSA presents an Alumni Carrer Panel on April 26,1996, from 3pm until spm, in O'Brian 545, the faculty Lounge. Audrey Koscielniak, Assistant Dean for Career Development will moderate. Guests include: Jean Brenner, Esq., Clerk for Western District Court of New York; Maxine Lee, Esq., Associate at Nixon, Hargrave, Devans, & Doyle; Stephen Lee, Esq., Clerk for Southern District of New York Bankruptcy Court; Vipan Singh, Esq., Assistant Public Defender at Monroe County; Susan Soong, Esq., Clerk for United States Court of Appeals, Ninth Circuit. The event is sponsored by the Dean ofthe Law School, the Student Bar Association, and the Mitchell Lecture Fund. In addition, the Asian American Law Students Association presents: New Immigration Guidelines On Gender-Based Asylum. This brown bag discussion will be held at O'Brian Hall, Faculty Lounge, Room 545, on April 26,1996, from 12:00 P.M.-2:00 P.M. and the guest is UBLaw Alumae, Susan Soong, 1994. Ms. Soong iscurrently working with the United States Court of Appeals, Ninth Circuit. Sponsored by: the Dean ofthe Law School, Baldy Centerfor Law and Social Policy, Student Bar Association, Mitchell Lecture Fund, and AALSA. Join the Opinion! event, 2 lbauer ained, point of tit is to you the rtunity i like in I think enjoy ler then take this ands of is bit leery :ing, beat a in Editor-in-Chief: Executive Editor: Assistant Executive Editors: Managing Editor: Business Editor: Publications Editors: Articles Editors: Systems Editor: Head Note & Comment Editor: Note & Comment Editors: David Pfalzgraf Jeffrey Stravino Allison Fields Karen Richardson Jim Gerlach Steve Laprade Steven Bachmann Dietz Craig Hurley Leslie Tom Lane Craig Matanle M. Rogan Morton Shirk) Saks Marybeth Barnet Denise Neuhaus Jeremy Schulman Nick Smith Liz Wolff Greg Miller Katie Lee Abbie Chessler John Collins Jim Flanders Mike Fruchter Gil Michel Garcia Michelle Navin Colman Welby Mike Chase par- in the So, take To Pass the Bar GO WEST The Buffalo Law Review announces its 1996-97 Editorial Board: and itioners Common Council, next addressed the group. "For L to R; Barbra Kavanaugh, Sally Buck, Susan Egloff, Kathleen Carmody, those of you EJeanette Ogden, Maryann Saccamando Freedman, andDeborah Muhlbauer who aren't afraid to fly it alone, swallow it Women in the Legal Profession whole...get out there, if you want member, UB Law Alumnae responsibility and want it Deborah JeanMuhlbauer. ÜBLaw AALSA sponsors Alumni events Book Review Editor: this opportunity because your job is not on the line here, and ask the kinds of question you'd like to ask." Michelle D. Cook, Chair of the NYSBA Law Student Council Freedman, the first woman president of the New York State Bar Association, moderated and intro- Westßar'" MBE Lectures Professional Responsibility Exam) KSlSitX^?"' performance provides MBE. The nation's most experienced team of MPRE lecturers—David Austern, Steve Bracci, Stan Chess, Steven Levine —deliver complete preparation for the Multistate Professional Responsibility Exam. Offered nationwide for the November, March and August exams, theWestßar course includes expert lectures, outline materials and 200 practice questions with analyzed answers. your Westßar course. For tlie MPRE (Multistate GOWEST on the an This series expanded analysis of the Multistate subjects, West Multistate Workshops Integrated into the daily substantive review schedule, in-class MBE practice sessions strengthen your test-taking skills. 2500 practice questions with fully analyzed answers and complete simulated exams all are included in GO WEST For the MBE For the Essay (Multistate Bar Exam) - - Tailored to the demandsof your state's essay WESTWeelt™—Seven Days to Multistate Success— is a unique, concentrated MBE program. Use it as an Early Bird quick start before the full bar course or as a Final Review just before thebar exam. Each day is devoted to one of the six Multistate subjects. WESTWee/t faculty, including Harvard Professor Arthur Miller, review the substantive law as they expertly diagnose the MBE. Day seven provides realistic practice testing and question analysis. 'West e am me * Westßar program enhances your preparations with first-rate local law professors and materials. In-class workshops teach approaches to analyzing and writing essays. Practice with bar exam questions completes tn<s c°ur e * O BarReview"' 901 Fifteenth Street, N.W. • 10th Floor • Washington, DC 20005 800-6-WESTBAR �EDITORIAL THE OPINION 4 opinion „Volume . 36, No. 11 ~ XT t1 Founded 1949 Samuel S. Chi Editor-in-Chief April 17, 1996 0S . Y_ «,__. Apnl 17, 1996 ~ Steven Bachmann Dietz Managing Editor EDITORIAL: Oh, the places you'll go, and Opanshuk the things you'll see Lenby Graphic "/ have seen things you people wouldn 't believe. Attack ships on fire off the shoulder of Orion. I watched C-Beams glitter in the darkness at Tannhauser Gate. All those moments will be lost in time, like tears in rain. Time to die." Roy from Blade Runner Well, maybe not time to die, but definitely time to say goodbye and move on. Ithas been a goodyear and a greatexperience. Wehave given the Opinion our energy, our sweat, and a bit of our souls. But now, like the ephemeral rays of the setting sun, all things must come to an end. The time has come where a new group should have the chance to mold the spirit of this publication and feed the fire in its belly. We leave knowing that the Opinion is in good hands. Under the capable leadership of its new Editor-in-Chief, Jessica Murphy, the team will continue to carry out its mission of keeping the students of UB Law informed of what is going on around them. With her are a couple of rookies called up from the minors. Former assistant editors Julie Meyer will step up to the plate as Managing Editor and Kristin Greeley will take the field as News Editor. Joining thetrio are a couple of veterans; Deshika Botejue will return as business manager, and David Leone will continue as Photo Editor. In this space we commented on how the SBA worked together harmoniously as a unit to establish the Public Interest Co-op and continued the Barrister's Ball. We also lamented the SBA's difficulties in managing the disbursal of its funds and its failure to put teeth into the class directors' office hour requirement. Nor did our editorials neglect the world outside of the law school. We commented on the O.J. Simpson follies and the Buchanan candidacy. We also cheered the Second Circuit's decision inSchenckv.Pro ChoiceNetwork. We even found time to salute the Syracuse University basketball team. We hope that we've enlightened you, entertained you and given you something to think about. If we have, then all the late nights, deadlines and headaches have been worth it. STAFF Business Manager: Deshika Botejue News Editor: Jessica Murphy Features Editor: Mike Chase Photography Editor: David Leone Art Director: Len Opanashuk Assistant editors: Features: David Fitch, Dan Killelea; News: Julie Meyer, Kristen Greeley Photo: John Gasper. Senior editors: Evan Baranoff Computer consultant: Peter Beadle The Opinion is a non-profit, independent, student-owned and run publication funded by the SBA from student law fees. The Opinion, SUNYAt Buffalo Amherst Campus, 724 JohnLord O'Brian Hall,Buffalo, New York 14260 (716) 645- -2147. The Opinion is published every two weeks during the Fall and Spring semesters. It is the student newspaper of the State Universityof New Yorkat Buffalo SchoolofLaw. Copyright 1996 byTheOpinion, SBA. Any reproduction of materials herein is strictly prohibited without the express consent of the Editors. Submission deadlines for letters to the editor and Perspectives are 5 p.m. on the Friday preceding publication. Advertising deadlines are 6 p.m. on the Friday preceding publication. Submissions may eitherbe sent loThe Opinion at the abovenoted address, dropped oft under The Opinion office door (room 724 O'Brian Hall), or placed in Box #640 on the third floor of O'Brian Hall. AH copy must be typed, doubled-spaced, and submitted on paper and on a computer disk (IBM-WordPerfect 5.1). Letters are best when written as a part ofa dialogue and must he no more than two pages double-spaced. Perspectives are generallyopinionarticlesconcerning topics ofinterest to the law school community and must he no more than four pages double-spaced. The Opinion readsand appreciates every letter and Perspective we receive; wereserve the righttoedit any and all submissionsfor space asnecessary and also for libelous content. The Opinion will not publish unsigned submissions. We will return yourdisks toyourcampus mailboxor to a private mailbox if a self-addressed stampedenvelope is provided. The OjMnton is dedicated to provide a forum for the free exchange of ideas. As a result, the views expressed in this newspaper are not necessarily those of the Editors or Staff of The Opinion. "Congress shall make no law ....abridging thefreedom ofspeech, or of thepress;.,." The First Amendment - The Internet is for every one To the Editor: part of the Student Bar Association. OnThursday, April 10,1996at 6:00 Funding for these events has been proP.M., I received an E-mail (electronic vided by the Baldy Center, the Dean of mail)message from a S.U.N. Y. - Buffalo the Law School, the Mitchell Lecture Law Professor. The message read: Fund, and the Student Bar Association. "Please don't use E-mail to send I think sending out messages via Eout junk mail. This is a waste of system mail uses less resources than stuffing resources and an abuse of the system. students' andprofessors' mailboxes with At the very least, remove me from your flyers. Currently, groups do still stuff junk-mail list! Thank you." mailboxes with flyers. The end result is The Professor was referring to two that by the end ofthe day, the two recymessages that I had sent out earlier that cling trash bins are usually piled skyday to all law students and professors. high with theseflyers. AALSA has taken The first message read: a step to minimize the amount of hard"The Asian American Law copy mail our members receive by setStudents Association is presenting a ting up a List-serv system. L.AT.I.S. discussion on (Law and Technology Issues Society) the 'New INS Guidelines on also communicates with its members Gender Asylum.' through List-serv. The List-serv system Guest: Susan Soong, Buffalo is one facet of the Internet. Alumna. The Internet was created 25 years Ms. Soong is currently ago by the Department of Defense in clerking for the 9th Circuit. conjunction with academic institutions. One of its main uses was E-mail, which April 26, 1996 12:00 P.M. was created to facilitate the free ex2:00 P.M. Faculty Lounge" The second message read: change ofideas at a relatively cheap cost. "The Asian American Law To my knowledge, the use of E-mail by Students Association ispresenting a our law students has increased dramaticareer panel discussion with the cally during the past year; i.e., lLs are following alumni: communicating with their Research and Jean Brenner, Esq., Clerkfor Writing Professors through E-mail. The Internet hasreally exploded in Judge Arcara of the Western District ofNew York the market. Various entities such as MaxineLee, Esq., Associate at libraries, universities, and private corpoNixon, Hargrove, Devans & Doyle rations can communicate by E-mail now. Stephen Lee, Esq., Clerk for There is no doubt that the Internet is the Southern District of New York most effective medium for communicaVipan Singh, Esq., Associate tion. Stuffing mailboxes just doesn't cut Public Defender for Monroe it anymore. The Internetis a very powerful pubCounty ofNew York Susan Soong, Esq., Clerk for lic tool and probably raises many interthe United States Court ofAppeals, esting legal issues suchas: Ninth Circuit Should the government regulate April 26, 1996 3:00 P.M.- 5:00 what is placed on the Internet? P.M. Faculty Lounge" Willthe restrictions violate ourconI disagree with theProfessor's comstitutional right to free speech? ment that sending out these messages is Does the manner in which one india waste of system resources and an vidual uses the Internet violates another abuse ofthe system. The two messages individual's constitutional right to priwere brief and succinct. They were tarvacy? To what extent should students use geted at a specific audience and were sent solely for the purpose of informing the University's electronic mail system the law school community about the two to inform the University community of events. They provided the date, time, events sponsored by University affililocation, and subject of each discussion. ates? In addition, the two messages were sent out on behalf of AALSA (Asian AmeriSincerely, canLaw Students Association), which is Flora Chan, AALSA President - �THE OPINION April 17, 1996 5 Deliberations Sam Chi Editor-in-Chief A farewell to arms This column happens to be the last thing I will ever write as Editor-in-Chief of the Opinion. On a bittersweet note, this issue marks the end ofmy term. The occasion has prompted me to remember one of my favorite stories. The early history ofthe Roman Republic is filled with legendary figures that have been venerated for generations afterward. In 439 8.C., Rome, which was little more than a rural village, had just begun military forays into the Italian peninsula. During one of the campaigns, the Aequi, a fierce tribe of central Italy, pinned part of the Roman army atop a mountain. When news from the Senate found the would-be farmer of the situation reached Rome, it plunged laboring in his fields. When told of his the fledgling imperial power into chaos. At appointment, Cincinnatus changed his this time, Rome was normally governed by clothes, and immediately took control ofthe elected leaders, but in times of crisis the remaining garrisons of the army. Legend Roman Senate could appoint a dictator to has it that he conquered the Aequi in one day bring order. This dictator, who could serve and then he and the Romans spend the next for only six months, was vested with comtwo weeks celebrating. By thefifteenth day, plete control of the military, and thereby he was back in the fields. This story is one of my favorites for had absolute control of the state. The Senate unanimously appointed two reasons. Living in an age where politiCincinnatus as dictator. Cincinnatus, a cians and government leaders are constantly former statesman and general, hadretired to grabbing for power, I always marvel at the his farm some years earlier. Messengers civic virtue of Cincinnatus. In stark contrast to political leaders of our time, Cincinnatus waswilling to giveup absolute power. The dictatorship had not changed him. He was a farmer before and thenbecame one again. I also like this story because it was one of the few bits of prose C-VCjllo iLJJpiLr I licit vA'liCdit.N LliC JdW JiCJiiRH VtJilUlititUtjf , WiilC t:J|*s:;:!vJjJlilivJJ that I could actually translate during my Letters to the editof are best when written as a part ofa d« four semesters of college Latin. longer than two pages double-spaced. Perspectives are generally opinion articles Anyway, my relating this story is not concerning topics of interest to the law school community and must not belonger than to imply that running the Opinion was anything like bringing order to the Roman ReAll submissions are due the Friday before we publish. Your submission must be public. Nevertheless, having served my typed, doubled-spaced, and submitted on paper and on a computer disk (IBMtime on the soapbox ofthe law school, it is time to relinquish the mantle of leadership right to edit any and all submissions for space as and let a new generation put its mark onthis necessary and also for libelous content; we will not publish any unsigned submissions. publication. It heartens me to know I can Send your submissions to The Opinion office ot place them in box 755 return to what I was before knowing that I bar Review ENROLL NOW & PAY LATER As a special promotion during April and May, you may enroll in the BAR/BRI New York Bar Review Course in one of two ways. COMPLETE AN ENROLLMENT APPLICATION |1997 GRADS] Include your $75 registration fee and secure a $1495 tuition. This entitles you to receive selected BAR/BRI outline, and review lectures throughout law school, preparation for the MPRE plus computer software for Evidence. OR Put NO MONEYDOWN and secure a $1525 discounted tuition. You will be billed in June for the $75 registration fee. The $75 payment, due by July 15th, will "lock in" the discounted tuition. Upon payment of the $75 registration fee, you are entitled to receive all the benefits listed above. [ 1998/99 GRa"ds] Include your $75 registration fee and secure a $1445 tuition. This entitles Y Revlew 7°" to rece „_? tb * ""' *' L^j^JSPSk. Hffi lectures for your first year subjects, f pju, M the benefits listed for 1997 grads. OR Put NO MONEYDOWN and secure a $1495 discounted tuition. You will be billed In June for the $75 registration fee. The $75 payment, due by July 15th, will "lock In" the discounted tuition. Upon payment of the $75 registration fee, you are entitled to receive all the benefits listed above. — There you have it two options. With either option, no additional payment beyond the $75 registration fee is required until your last semester oflaw school. Whichever option you choose, you get New York's and the nation's most experienced bar review with a proven track record of success for more than 25 years and you save at least $120 off the 1996tuition. Also note, with either option, if you get a job with a firm that pays for your bar review course, we will immediately refund you the $75 that you have placed with us. Additionally, if you accept a job in another state, your enrollment may be transferred to that state and you will receive the tuition in effect at the time of your enrollment. To take advantage ofeither option, see your representative or contact us at (800)472-8899. leave the Opinion in capable hands. I was a just a law student once and I look forward to being that again. Even so, working on the Opinion has been an experience that has helped me grow. It will have a special place in my heart. I cannot say that I will miss the long nights or the nettlesome administrative details. Nor can I say I enjoyed being the boss. The Editor-in-Chief does not enjoy the latitude to be as flippant or irreverent as a reporter oreven a features editor does. Being in charge requires a certain respectable demeanor; after all, a leader should be distinguished. Much to my chagrin I have discovered that I'm just not ready to be distinguished. But there were some good things. I sort of miss the challenge the ofrunwill publication on a shoestring budget ning a of and the excitement throwing it together at deadline. If nothing else, it has been a lesson in pragmatism. The best part of the job is that it has allowed me to see first hand some of the great things about UB Law and meet some ofits more interesting people. Despite the grumbles and complaints, UB Law is a very special place. It's too late for theRomans, but God keep the Opinion. �THE OPINION 6 / J | 1 I I f fI / \ J I \ 11 f 3 g t April 17, 1996 Whatever you choose, wherever you go, whenever you need us, LEXIS®-NEXIS® has the ADVANTAGES you need to succeed. . i — . j . • of LEXIS-NEXIS access privileges to your choice of a state library PLUS the LEXIS 8 CAREER library. r * The LEXIS-NEXIS Office Internet Companion—Option * to rpurchase the latest award-wifining Netscape Navigator™ price startingb this summer. 2.0 at a rphenomenal r- i COUNSEL CONNECTB—Four months* of access privileges to the largest online network for lawyers, includinS e "mai1 attorney news and online seminars' - LEXIS-NEXIS Student Office-Software that combines LEXIS-NEXIS online research capabilities . , a J | I s~, ft*A member«f the Reed IL j[ ' ' j I I I /\ I ' It's your time. It's your money. It's your future. For ., . . f more information on LEXIS-NEXIS Advantages for 3Ls ° or to rplace your order, call 1-800-528-1891. _£. i Aa powerful • 11 t. t it • i connection that allows you to import data from virtually • r v »» your own «■infobase. any source and store it• in t_ -t. ... . FOR JUST $25.00 YOU GET , and award-winning Folio irrrw/c® VIEWS software. LEXIS and NEXIS art registered trademarkso( Reed Eisevier Properties Inc., used under license. The iOTORMATION ARRAY logo is a trademarkofReed Eisevier Properties Inc., used under license. Folio VIEWS is a registered trademark of Folio Corporation, used under I license. Other producrs or services may be trademarked orregistered trademarks of their respective companies. 01996 LEXIS-NEXIS, a hluvier pk group 1 / • THE CAREER STARTER PROGRAM—Four months* It's taken a lot of studying to get you to your third year. Now comes the tough part. And LEXIS-NEXIS is still here to help, with our new LEXIS 8 -NEXIS8 ADVANTAGES for 3Ls. As you finish law school, , c „ »v- package i the Bar, andj lbegin practicing, this olt study lor . • c c 1 1 products gives you the information protessional-level »l l �*v v andj.ui the world technology usedjl by attorneys throughout all at an incredibly affordable price. t I ADVERTISEMENT division ofReed Eisevier Inc. All rights reserved. *Four months include the monthsofJune, July, AugustandSeptembcr of 1996. _^^o^l!z *^mntf^^'*^^^ mt / / I \V I J / j / I J\ \ 1 I f /1 \ I 4> \ �FEATURES April 17, 1996 THE OPINION 7 UB Law's own Mr. Holland Q & A with Professor Meidinger part of the world who taught on the faculty at the University of North and Dakota, settled onthe Uni- by Dan Killelea, Asst. Features Editor His first name alone invokes the legend of a swashbuckling ladies' man, and his life's experiences have done nothing to dispel that myth. From his mountaineering college days in Europe, to his Jazz Trumpet-playing present incarnation, Errol Meidinger is an interesting man of many dimensions, and a nice guy to boot. Q Are you nervous? A Oh, yeah, 1'ye been dreading this for months. Q You did read Prof. Schlegel' s interview, I assume? A Yeah, I realized I was gonna get ripped up here. Q Did you learn anything from it? A Oh, it was too long ago. No, I don'tthink I think I knew Schlegel well enough to find all of that sort of...review material. Q To start off, let me ask you about growing up in a bilingual town. A Sure. As youknow from taking Property with me, having lunch with me, I grew up in a large area that was populated by Germans from Russia in the 1880's and is still well over 90 percent of that ethnic background... I'm thefirst generation that spoke English as a first language, but I still commonly heard German. My grandfather considered it imperative that I learn German and ...used to sit me on hislap when I was 2 and 3 years oldand teach me vocabulary and ask me the meaning ofphrases and tickle me when I didn't get it right... I think part of what my grandfather was expressing in trying to teach me German was a fear of losing me to another culture— and of course, largely he did. I don't live there anymore; I participate in a very different world from any world that my grandparents and parents fully envisioned. Q ...So, my research has turned up the information that you have a summer home there, still. A Ahhh! You've been digging into my seamy, sordid past. Yes, a few years ago my wife and I actually bought a house, across the street from the house that I grew up in after I was 7 years old. So we have this summer house that we usually spend about a monthat duringthe summerand largely give our kids the sense... ofthis piece of their heritage, and to give them the kind of incredible freedom that you can still have in a town of a thousand people on the Great Plains... So they can just jump on their bikes and go wherever they please, basically, we're not worried about them... Q This freedom that you're talkabout out there—soon your son's ing to be driving and there's no going speed limit, and... A It's Montana that there's no speed limit. That question is starting to arise. I was thinking today as I was driving in...there's certainly some inequities that arise when you go to a place like that. Lots of kids my son's age for the last couple of years have had, know how to drive... Now, of course, you don't have to go there for that; you see the same thing if you just go 70 miles, or 50 miles outside of Edinburgh, where I went for what would have been my Senior year. It was a wonderful experience...but in a culture that was not all that different from the culture that I'd grown up inI realgreat time-actually that's where I got into mountaineering; the University of Edinburgh had so. FEATURES lots of student clubs which were very important. I joined a couple of Professor Errol Meidinger 'em, but became Buffalo. Kids in farm areas just have a very active in the Mountaineering Club...spent the summer then climbing different level of, a different relationthe Alps. ship to machinery. But with our son, Q So, you started a JD/PhD proand so far it's worked fine, we've said, am... "You know, these things are very dangerous, and you have to be working A Yeah. Yeah, that was law with them day in and day out to have hool one year, graduate school the theappropriate reflexes," and hehasn't next year, sort of back and forth... In resented it too much. The fact that he the end, I did get my PhD, though I had can get on his bike and go wherever he been teaching here for about 3 or 4 wants is good enough for now... before I got it... Q Which do you think was There's a good side to this too, and that is I was thinking this morning I harder? Well, ahh,expect where I'll teach him to drive is Q I'm sure they both had their out there in those big, on those open gravelroads. challengesQ Wherethere'snothingtohit? A Yeah... I would say I guess I And felt school was more intellecgraduate A Right! if you do hit it, to hurt but more fun too; I probably tually challenging, you aren't going get too badly. was more engaged in graduate school... The [Law School] teachers tended to Q It's pretty cold there. Yeah. it's A Yeah, cold. Colder do a fair bit of "hide the ball" kind of uncommon than here. Not for it to be teaching, and often the ball turned out 20 or 30 below, but it tends to be to be a fairly trivial point, in my somesunny; I think the climate is actually what arrogant and sophomoric view... Law School was a game, but I didn't more cheery than this climate. Q You made mention earlier of respect it as much as I respected the going off to Chicago, and going to Graduate School game... I actually school... Youfinished college in North thought there were much more effecDakota, and then had to go to the Big tive ways to teach... I, over time, did CityA Yeah. Yeah; I took a little break in there. I went to the University of Edinburgh in Scotland. I did college very quickly. I was able to challenge a lot of courses that seemed fairly straightforward. I hadn't been an outstanding High School student, mind you, but I had gotten a sense of a little cockiness just by doing well on college board exams, and winning scholarships and that sort of thing. And so at UND I challenged, I don't know, 30 credithours maybe ofclasses, and then I took overloads, and so I was able to finish my coursework in 2 & 1/ I rs »A 1771 LrJ A• 2 years. And then I worked for a semester for the North Dakota State Legislature, which was very interesting and informative...And then rather thanat age 21 go on to Law School or Graduate School, I decided I wanted to try a different educational system. ...I talked to some people from that j come to understand, you know, that there was more there thanmet the eye, and that I had learned more both in Law School and in some Graduate School classes, than I realized at the time, and it's one of the things that made me rethink my perspective on just how competent students are to judge professors... I remembera couple of professors in each program in particular who weren't particularly effective in the classroom. It took me a long time to realize how much more I could've learned from [them]- I did learn a lot— but I could've learned a great deal more if I had really been paying attention and not focusing so much on technique... I think that [Northwestern] Law School is a lot better now, than it was, and I think it would be a lot more fun to go to today, probably, than it was in the early 70s. Q Let me go back in time to your experience in Chicago, and again... I've turned up the dirt on you, in how you met your wife. Now tell me, for the record— this was a pretty "swept-her-off-her-feet" kind of thing, wasn't it? A Oh boy...well, one of us did. Yeah, well I— Q Or, I should say, "she swept you off your feet—" A Right, right. Well, see, I had a nice apartment— that's the dirt. No, I went from Chicago to Lewis and Clark Law School to one of two positions as a Senior Fellow in their Natural Resources Law Institute, and the other Senior Fellow was this woman from the Natural Resources School at the University of California at Berkeley, named Margaret Shannon. And indeed, itwasn't very long at all before we were a couple, and married, and decided to have kids very shortly after that. So...the dirt onitis that I didhave a nice apartment, and I initially offered her— I had a two bedroom apartment of which I was only using one— I offered her (she had a cabin out in the woodsbut didn't have a place in Portland) ...the use of my other room, and she moved in but we ended upneeding only one of those bedrooms. So that's the dirt, I guess. So we've been together for... going on 17 years... and we have al4 year old and a 9 year old. Any other dirt that you've got? Have ... See Meidinger on page 8 WHY BAR/BRI BECAUSE EXPERIENCE COUNTS Let the POWER OF EXPERIENCE work for you �THE OPINION 8 FEATURES April 17, 1996 Six months after graduation: time to repay your loans! school education at SUNY Buffalo can swell into a mortgage on your brain. Every spring semester, you The 1990s legal market is not fill out an application for financial likely to provide you with the reaid. Without fail, every summer sources to quickly pay off that youreceive your financial aid pack$30,000-40,000 student loan bill age that provides for the bulk of you racked up during your three your aid to be funded by loans. years here. A tzotvANationalLaw Several types of loans are availJournal article ("Graduate Debt able, some of which include the Burden Grows," Vol. 17, No. 38, Perkins, Subsidized Stafford, and May 22,1995) statedthat ofall the Unsubsidized Stafford Loans. As professions, law school graduates tuition increases, book prices soar, have the worst record for defaultshelter and food expenses loom, ing on their student loans. Some and your car starts to sound like graduatesare even declaring bankmajor repairs are imminently due, ruptcy within a year of graduation. you accept your financial aid packIf you do not budget carefully age, student loans and all. and remember that you are a stuBefore you jumpat the chance dent (living on a four-figure into receive thousands of dollars in a come), and not yet a professional lump sum payment, STOP! Plan (earning a five figure salary), you a budget that you can stick to, and, can exit law school with a major as much as possible, minimize the debt level that cancels the income amount of your loan. Do not forbenefits ofpossessing a Juris Docget, you have to repay these loans tor. and that process begins six months The easy-going acceptance of after graduation. With the interest obtaining huge law school debts and 10-year payment plan, what must be reevaluated and rejected. was once a very affordable law The long-term consequences of by Sara Meerse, Special to the Opinion assuming a large debt outweigh the short-term advantages (like buying the couch you've been in love with for years, or eating out three nights a week). What happens when you want to buy a house? or want to start a family? or get a new car? And what about your career choices? Are you going to have to turn down the job you really want because the salary will not cover your loan payments? For students interested in pursuing a career in public interest law, the average salaries are often lower than those in the private sector. Also, the current job market is not exactly a shining bright light. Job offers will still be out there, but they are fewer in number and later in arrival. Therefore, itis especially important to those students to plan for and stick to a modest budget during your law school career. Although Buffalo has a Loan Repayment Assistance Program, the limited funding enables the program to provide only modest assistance to a handful of gradu- Q & A with Meidinger, I left out anything that'll show up in Congressional hearings? Q No, that was the best of the dirtI'd gotten. Regarding your wife, you'yehadthe unique(maybe it's not too unique) experience of a long distance, commuter-type of relationship, with her living and working onthe West Coast at times, and youliving and workinghere in Buffalo; now you're both in Buffalo presently. How did that work out for you— A Well, it's always been a stretch. It's been a stretch ever sincewe left Portland... it's a set of compromisesthat we've made, but it's been very difficult for everybody, it's meant that everybody has had to giveup stuff—us andthe kids... We'vetried to keep the compromises fairly distributed among everybody; there's a lot of uncertainty in in a life like this... You never know what's going to work out best. Q I think.a lot of people who are in Law School today are maybe going to be faced with a similarcircumstance, both spouses having significant careers, andperhaps having offers in different areas, and whathave you— what kind ofadvice can you offer to people? Long distances are hard on relationshipsA Yeah; a lot of it is going to depend on your mental, on your own makeup, and what you value. I mean, I think we have always put the kids first... But I think the one piece of advice I would offer is that, you know, if you pass upthis opportunity, there's a pretty darn goodchance another onewill arise. You just have to have faith in that and keep working, and so farknock on wood— they have for us. And don't let the values that are promoted by the institution in which you're working completely dominate your life... Q I want to ask you about the brown-bag lunches... You've ... demonstrated an interest through these brown baglunches in getting to know the students, and having them get to know you; why don't you think more professors have done that? Is it a different [set of] priorities, or a different perspec- be ing full-time, (2) in civil legal services, and (3) in New York State. Consider applying for NAPIL and Skadden post-graduate fellowships. They pay fellows' loan payments for the duration of the fellowship period. Other than that, BUDGET, BUDGET, BUDGET. This cannot be emphasized enough. Make a current budget: tuition, fees, rent, books, a weekly grocerybill (and stick to it!), average monthly utilities, gas/transportation expenses, miscellaneous bills ("i.e.. credit cards [how high are those balances?]), and a modest amount for personal expenses. In addition, think about the cost of your bar review course and your livings costs duringthat time. Can you pay a couple hundred dollars per year on it, so that when midMarch of your third year arrives you are not slammed with a $ 1,000 balance that forces you to apply for yet another loan. And the new wardrobe. .ask your family to give you a clothing store gift certificate? And really, two suits for ates. Applicants must . the two interviews are really all you need initially. In addition to planning your budget, plan your postgraduation budget to determine what monthly payment you will be able to afford. Did you realize that a modest $ 12,000total educational debt demandsa $ 151monthly payment? And howfar in debt are you already? What year are you in? It's not the mid-1980s anymore folks; for the most part, theage of $80,000 starting salary is dead. Today you need to plan for a modest starting salary, ranging from $30,000 to $45,000. If you don't believe me, start checking with 1994 and 1995 alumni. Are you a victim of the "what's another $3,000" rationale? When you take out $20,000, another $3,000 does make a difference! It's time to break the law school students' addiction to borrowing money. It will catch up with you. So, remember, spaghetti andsauce isn't sobad when you've budgeted $40 a week for groceries for just yourself! current continuedfrom page 7 from that. I like Mystery. Q There's a show called quaff a certain amount of beer on a regular basis. up unfinished business. And it's a lot of fun... And so I play with my kids. My nine-year-old daughter plays sax. This is something thatis awonderful privilege, to beable to make music with yourkids and not just sort of supervise their home- "Homicide"-A Ahh, my son watches it. Q -which I happen to think is well beyond a cut above what's available. A Yeah, I think that's probably right. You know my son is friends with Schlegel's son, wjiyoupass' and so the way Q You' ye been to the [Buffalo] Brewpub, I take it? A I have not. But, you know, I have plans to do it. A It's hard for me to specuQ What about music? late about thatA Well that's something Q I'm not looking for you I've returned to. You know... i: I'm looking tor to say anything bad about any of you had asked me when I was a wards the possithe otherjunior in high school "What are bility of creating A I actually don't know the you gonna be?" I'dsay, "Well I'm some sort of Law into our house was nity,, there's a from answer. I mean, part of it is pergonna be a high school music School Jazz Steven sonal style. Ireally enjoy learning teacher."... I wasatrumpet player... Band... We have [Schlegel] telling about my students, I always have. I basically quit playing trumpet a certain number Chris that he Maybe some ofitcomes from feel- after I got to college. [But] I stil of musicians on should watch ing that there's, you know... these retained an interest in music... the faculty...[and] "Homicide"... but assumed differences. It's always When my son gotto be old enough I think itwouldbe that's the time I interesting to know what people's to look at band, it became time to fun to have a faccan practice my backgrounds are. Idon'tthinkthat say, "Well are you interested in an ulty/student Jazz Band here. horn, so that's what I d0... Law School should be as imperinstrument?" He said, "Yeah," Q Yeah, that would be a Q Well, you set your priorigood "cross-breeding." ties. A Yeah. A law school like A Yeah, yeah, and for now andhesaid "Well I think want to to have ially want to play Trumpet" I more of those justpractice my hornas long as I I "j es. And as it becomes a can. participate in ...so that's what he did. enjoy learnt less of a commuter place, making it, you Q My final question would ...It became clear that really it was important a little bit more a place where be your opinion of The Opinion. to help him practice,anc people can stand to spend more Do you read it, do youSo I enjoy meetso that I found myseli than the hours they have classes, A Idoread it. I don't know ing the students; playing periodically we can, you know, I hope we can ifI read it every issue, it depends a again, and one thing led do more ofthat, 50... Ifitlookslike little bit on when I happen to pick 1 think it's good for them to know to another, so that about it makes sense, the end of this it up... I think it's a pretty good , I realized that, "Hey, if semester I'll probably circulate student newspaper. I think it's mealittle, to know that I have a life and all, and that I have kids, and I actually practiced, this is fun, and something to people asking how important to have a newspaper that whether I'm commuting at the if I actually practiced I could get many wouldbe interested in doing both covers Law School affairs, as better." And so I did; I started a Jazz Band next year. If there are you're doing, and alsoelements of Q I was interested in find- playing seriously, I went to music enough, encouraging people to take student life, or just of life... The ing out a little bit about your percamp last summer, and I'm now oattheirinstruments overthe sumguywhowrites Wrenchhead [John sonal interests in avariety ofareas, about as good as I ever was, maybe mer and play a little bit, and bring Gasper] was a student in my Adand so let me ask you this... If we a little better... And there's noththem back. I don't know if it'll ministrative Law class, and I gotto had had this interview in late aftering that's going to stop me from work or not, but it's something I'd know him a little bit... I think that noon I would've brought you a getting a lot better than! am And like to do; I've been trying to de[Wrenchhead]'s a great section. I Saranac- what was it, Pilsner, that so, my son and I play in a commuvelop the sort of basic knowledge think sections... that bring the rest that I would need to have to coorof student life into the law school nity jazz band together every Satit, Saranac Amber. was dinate since didn't become and urday morning; just lucky A I I givepeople a forum [are] imQ Amber. OK, Saranac enough this semester to get into that High School Band Director... portant; the paper shouldn't just Amber. Do you enjoy micro the UB Big Band, the UB Jazz do you watch on be about politics orpolicy... I think Band...and let me saythat I'm defiit would be fun to see some art, if n? Sure, sure, now, mean the worst little... there are people who are doing art nitely trumpet player Right very A I I'm in not abeer...afficionado, but I don'tthe band and I wouldn't have gotsome television news, and occathat's a cut above thekind of dooturns out that wine doesn't agree ten in if one guy hadn't had an sionally Masterpiece Theatre and dling we all do on the desk, that'd with me, so I've never become a appendectomy, and another guy Mystery, butI've even driftedaway be fun to see... up tfcis opportu- (' ]andlsaid"Wel,What?" reilly \ ass Kght . . . - �FEATURES April 17, 1996 THE OPINION 9 Keeping Up the Good Work New directors ofBLSA hope to expand the group's role at UB year, and a third-year student talk about applying to law school the LSAT, LSDAS, and those things Newly-elected Black Law and about attending law school, Students Association (BLSA) from a minority point of view," President Shantelle Hughes, IL, says Hughes. The Frederick Douglass Moot and five other first-year law students officially took the reins to Court Competition is an national one of UB Law's largest, most tournament dealing with race issues. "We didn't have the funds to active student organizations dursendanyone this year, but UB will ing an April 9 induction proceeding. WhatBLSA has accomplished definitely have competitors there so far this year, and what Hughes next year. We've won in thepast, has planned for the coming year, is and I think that our success in the a vitalconglomeration of commutournament heightens ÜB's nanity activities, law school events, tional recognition," explains and inter-graduate socials. Hughes. The local BLSA also runs the "Our major goal is to adminAdopt-a-High School program. "We act as mentors for students of ister programs mandated by National BLSA, like UB Law Day Bennett High School [on Main and the Frederick Douglass Moot Street]. Law students help conCourt Competition, explains ductregular courses in career training in thefield oflaw. We also act Hughes. UB Law Day, is a yearly foas big brothers and big sisters and rum wherein law students speak to try to help the students both academically and personally," says undergraduate and high school students about law school. This Hughes. The Adopt-a-High School year's, heldlast October, tookplace program was initiated last fall by former CommunityLiaison Lenora at the Gloria J. Parks Community Center on Main Street. "We try to Foote, 2L. disseminate information to stuBLSA isalso doing its part to dents from ÜB, Canisius andother a withstudents solidifyrelationships schools. A first-year, second- - by Mike Chase, Features Editor Internet aids for appellate brief research by Julie Meyer, Assistant News Editor Currently, most first-years can be seen agonizing over their appellate briefs for their research andwritingclasses. Typically, the first-year fight or flight response to such an assignment is to bury themselves in the library and begin researching stack upon stack of dusty everything. Since the advent of the Internet, law studentsneed not sufferas much when they research topics. The Internet is full of legal documents and sources. One of the best ways to access legal resources on the Net is through one of the following engines: Yahoo Lawyers' Cooperative Publishing Company sponsors a browser for most law-related resources, and was available as of Fall '95. The URL for this database is (http://www.lcp.com/TheLegal-List/TLL-home.html). Another database is the Electric Library (http://cgi.netscape.com/ www_s/inserts/ electriclibrary_search_dist_adcgi), consisting of more than 1,000fulltext newspapers, magazines, academic journals, and reference Hughes hopes to use some of this year's money for a scholarship something which the group has been unable to afford for some time. "We hope to start small and eventually have the scholarship grow over time," explainsHughes. On April 27, BLSA is sponsoring the Students of Color Dinner. One hundred-fifty students are attending the dinner, which will be held at the University Inn. "The dinner is an effort to recog- nize students of color and their achievements in law school," explains Hughes. Problems thatthe group faced in raising funds to subsidize students attending the dinner were allayed when other student groups committed funds from their own The BlackLaw StudentAssociation Office, Room 116 budgets to the effort. "The Minority Bar Association, the Deans on both inside and throughout ÜB, behalf of the law school, BPILP, are outside the law school. "We BAR/BRI, and the SBA all conwith minority involved groups tributed to from all different UB schools - the the dinner. undergraduates, the business There are a school, and the dental school," few seats explains Hughes. Last semester, left for anyBLSA sponsored a campus-wide one who Jazz Night at Hemingway's. "I'd wishes to like to have more of those kinds of is unable to afford. go, but afengagements," added Hughes. ter that, Shantelle Hughes, Pres. tickets are The organization also works closely with Asian AmericanLaw Nicole Fox, Vice-Pres. cording to Students Association (AALSA), Latin American Law Students As■ AALSA James Deßose, Treas. representasociation (LALSA), and Native cessful," notes tive to the American Law Students AssociaAyoka Tucker, Secretary Students of tion(NALSA). "We try to be there Hughes. Color Dinfor each other whenever we're Arthur Wemegah, Regional ner , to a needed. We hope put together Representative Jonathan be newspaper that will published all by four groups," says Hughes. Betty Calvo, Community ■ BLSA currently produces an annual newsletter, The Dissent, m a t i on which is made up of all types of ■________» about to writings, from political essays poetry. This year's issue is due in several straight donations. We all a couple of weeks, according to appreciate the support and contri- stop by Room 113. New BLSA Officers «»■«—■.— .—t W "'I"l"l- -■■■ books. If a vital piece ofinformation still eludes discovery, try the 1996 World Wide Web Ultimate Home Page (http://hoohana.aloha.net/ -billpeay/ulthome.html). This URL contains links to just about anything everywhere, including most search engines. Or, the URL InfoSeek Net Search (http:// www2.infoseek.com), to draw information from bothfree and commercial sources. Yahoo, Lycos, InfoSeek Guideand Magellan can be accessed from InfoSeek. Net (http://lycos.cs.cmu.edu), WebCrawler (http:// webcrawler.com), or Lycos (http:/ /lycos.cs.cmu.edu). Yahoo, compiled by Netscape, is known for its comprehensiveness and user-friendly qualities. WebCrawler, similar to Yahoo, is assembled by America OnLine, Inc. Lycos is a database Search, too. created through Carnegie Mellon If there is no other way, and University, but it also directs users the source cannot be found, then to other web pages. try the Open Text Index (http:// Another search engine to use cgi. Netscape,com/www_s/i nserts/ is the database Galaxy (http:// oti_search_ad.cgi). Thisindexwill www.einet.net/galaxy/Law.html). scan through its 21 billion words Compiled by TradeWave Corpoits Web pages contain during evration, Galaxy can access the full ery search. Narrow the search text of the United States Code, with titles or authors, instead of United States House Bills, the Likeywords. brary of Congress, and the home pages of other law schools. Goodluck! 7n _±J A' I why BAR/BRI BECAUSE EXPERIENCE COUNTS Let the POWER OF EXPERIENCEwork for you | I �10 THE OPINION ADVERTISEMENT April 17, 1996 Pass. Guaranteed/ With the MicroMash MBE Review. It's the comprehensive, computerized solution, with the official questions from the most recently released MBE. Worried about your MBE? Concerned that a lastminute seminar, and three days of prep, may not be enough? Not sure if your MBE has the "real" questions? It's no wonder you're worried. And you're not alone. It's more comprehensive and disciplined than a seminar. It provides personalized help and guidance every step of the way. It drills you, guides you, and tells you when you're really ready for your MBE. All you need is aPC — Windows® or DOS — or an APPIe Macintosh®, and this amazing Set your mind at ease with the MicroMash MBE interactive software. Review. It uses over 2,000 questions including the official questions from the most recently released Use it with one of our state packages, or even another provider's state package, MBE. It includes SMH Bar Review materials. It also includes a built-in we guarantee y° u 'U pass your Bar Exam. personal instructor that pinpoints — forces you to overcome your weak areas, and drives you hard to your ultimategoal ■ _f4|PJI L _L disks today ■ 1-800-BAR-EXAM, Free Demo Disks! Call now! MicroMashM 6402 South Troy Circle • Englewood, CO 80111-6424 1-800-BAR-EXAM • Fax: (303) 799-1425 • e-mail: MicroMash@icsleam.com © 1996 M-Mash, Inc. Registered trademarks: MicroMash, The MicroMash Way, M-Mash, Inc. All other trademarks are the property of their respective companies. don't pass your Bar Exam, we'll give you free updates of our MBE Review until you do. * Complete our MBE Review, and if you Certain restrictions apply Call for complete details. gM �by THE OPINION COURTWATCH April 17, 1996 , COURTWATCH Steven Dietz, Managing Editor The Right to Die Two Federal Circuit Courts have recently come to the same conclusion: there is a Constitutionally protectedright of a terminally ill competent adult that wishes to die. The court considered another state interest the court to die. The two courts came to the same conclusion from said was not asserted by the lower court: that the decision entirely different directions. The Ninth Circuit stated that to end one's life be truly voluntary and not be a result of the Washington Assisted Suicide statutes violated the due coercion. process clause ofthe 14thamendment. The Second Circuit The court then considered the means by which the held that a similar NY statue violated the equal protection state sought to protect its interests. The court stated that clause. It is an open question, however, whether the many critically ill patients do not have the means to commit suicide on their own. For these people, a ban on aiding Supreme Court will accept either rationale. The Ninth Circuit, in Compassion in Dying v. Washsuicide acts as an absolute prohibition against suicide. The ington. 94-35534 1996 WL 94848 (9th Cir. 1996) struck state interests in preventing coerced suicides by terminally down the portion of the state of Washington's assisted ill patients would best be served by regulation, not a suicide statute that prohibits anyone from "aiding" a sui- prohibition, according to the court. cide, holding that such a ban violated the due process clause The dissent by Justice Beezer defined the liberty of the Fourteenth Amendment. The majority opinion, by interest sought to be protected as the right to physician Judge Reinhardt, however, declared that the state had assisted suicide (two dissenters wrote separately to deny that any such liberty interest could exist). Since a fundalegitimate interests in regulating assisted suicide. The court defined the liberty interest infringed upon mental right was not implicated, the court should examine by the provision as the determination of the time and whether the statute was rationally related to legitimate manner of one's death. The test it chose was not the government purposes. He would hold the statute was traditional, "strict scrutiny or rational basis" test but a rationally related to four such purposes: preserving life, "sliding scale" test which balances the importance of each protecting the interests of innocent third parties (such as of interests asserted. Itrejected the argument thatthere was minorities or the handicapped), preventing suicide and no historical basis for the existence of the right, and further maintaining the ethical integrity of the medical profession. stated that historical analysis is not a sufficient basis for Thus, the statute did not violate deprive terminally ill rejecting a claimed liberty interest. The court then subpatients with the liberty interest in assisted suicide without jected theliberty interest to a balancing test against the state process of law. The Second Circuit, in Quill v. Vacco. 95-7025.1996 interests asserted. The majority opinion saidthat the interest in choosing 148605(2nd Cir. 1996) rejected the view that assisted the manner and time of one's death was not a fundamental ide was a fundamental liberty interest. The majority opinion by Judge Miner, stated that the right, but a liberty interest. It statedthe individual is not free "to exercise this interest in all circumstances or to doso free statute criminalizing assisted suicide falls under the catfrom state regulation." egory of social welfare legislation. This legislation is According to the opinion, "the state may assert an subjected to rational basis scrutiny, according to the opinunqualified interest in preserving life in general." This ion. interest, however, does not control under all circumstances. The court stated the statute violated the equal protecWhere a state has already declared that the terminally ill tion clause because it does not treat equally all terminally ill patients may have life-sustaining treatment withheld, the persons who wish to end their lives. Those who are on life state, by implication, has endorsed the view that the assupport systems are allowed to hasten their deaths by serted interest is less important than the wishes of a comperemoval of such systems, but people who wish to hasten tent terminally ill adult to hasten his death. deaths by ingestion of self-administered prescribed ? are not allowed to do so, according to the opinion. Likewise, the court held that the state's interest in The court denied that the state could assert either the preventing suicides is substantially diminished in the case preservation of life or the interest in preventing suicide as a legitimate state interest, because the state already permitted terminally ill patients to end their lives by refusing co,lti,tt<eli / medical treatment In doing so, the court ironically relied onreasoning by Justice Scalia, whorejected a distinction befewer lawyers. Gnesbober reviews all contracts of Rich Products. He said he tween and active passive concerns himself with interacting with Rich Products' clients on an individual means as an arguof suicide basis to ensure that all aspects of the relationship go well. He recommends being ment either against practice. a good advisor and good friend clients, and to beavailable whenthey need you. the The court identified All three panelistssaid itis difficult to get a legal internship in sports and to state be fursought interests entertainment law. They suggest consideringinternships that are not law related, but that are in the field you wish to pursue. Each also recommended that applicants take extra care to be sure cover letters and resumes are perfect, and to tailor cover letters to the specific organization to which you are applying. A carefully prepared resume and cover letter may help an applicant get noticed in a large pool ofapplicants. thered by the statute: the interest in maintaining the ethical integrity of the medical profession, the interest in preventing coerced decisions to commit suicide, the protection of the poor and the handicapped, and the prevention of the abuses of the Netherlands euthanasia laws. It held that the assisted suicide statute was not rationally related to any of those legitimate state interests. Will the Supreme Court agree with either of these analyses? The leading Supreme Court decision in this area is Cruzan v. Missouri Dep't of Health. 110 S. Ct. 224 (1990). The court in Cruzan heldthatthe state can require "clear and convincing" evidence that an incompetent's wishes to withdraw life-sustaining treatment before such treatment can be withdrawn. This decision by Chief Justice Rehnquist, joined by present Justices O'Connor, Scalia and Kennedy, rested not on equal protectionanalysis, but on the question ofwhether therequirement violated due process under the 14thAmendment. These justices, together with Justice Thomas, could form a potential "pro-life" bloc that would overturn the assisted suicide decisions. The court inCruzan declined to rule whether there was a generalized "right to die," and instead assumed that there was a liberty interest in refusing lifesaving hydration and nutrition(Justice Scalia was the solejustice whowouldhold that the petitioner did not have this interest). Therefore, in any future case it is likely the court will define theasserted liberty interest narrowly. The lower court inCompassion in Dying defined the interest extremely narrowly in order to make it seem less legitimate. The dissent in that case also defined the right more narrowly than the majority. There are two significant differences between the Cruzan case and the assisted suicide cases. First, the assisted suicide cases involved persons who are capable of making rational choices about major life decisions. The courts in the Cruzan case could only speculate, since the woman was in a persistent vegetative state. On the other hand, the treatment in Cruzan was coercive in nature. The assisted suicide laws merely prohibit physicians and others from aiding and abetting persons from committing suicide. When evaluating these statutes, the court is not likely to follow the Second Circuit'slead in givingno weight to the state's interests in the preservation of life. The court in Cruzan held that the state may assert an unqualified interest in the preservation of human life. The decision ultimately will come down to what test the court will choose to apply in balancing the liberty interestagainst the government interest. If the court chooses therational relation test, the statute will surely be upheld, as the rational relation between that interest and the prohibition ofphysician assisted suicide is obvious. If some sort of heightened scrutiny is applied, the results will be less certain. However, should the Supreme Court decide to strike down "assisted suicide" statutes, it seems more likely to adopt the reasoning of the Ninth Circuit rather than the Second, if the reasoning of Cruzan is any indication. » E rewrewrw I meetshorintgs SBA lid BAR/BRI ; A objected, so VanLoon received the position. The decision needed to be made at the meeting because VanLoon plans torun for an executive board position onSubBoard this week, Also, the date for the annual budget meeting was set for Sunday, April 28, 1996 at five p.m. All groups must have a representative present to receive funding for the next academic year. WHY - [ BECAUSE EXPERIENCE COUNTS \x\ the POWER OF EXPERIENCE work for you 11 �ADVERTISEMENT THE OPINION April 17, 1996 12 LlJ^lAmlAj^ "AS OF 4/4/96** NEW YORK SUMMER 1996 LOCATION INFORMATION (ALL LOCATIONS BEGIN 5/29 & ARE VIDEO UNLESS OTHERWISE INDICATED) ALBANY ANN ARBOR, MI ATLANTA, GA AUSTIN, TX BERKELEY, CA BOSTON, MA BROOKLYN BUFFALO CAMBRIDGE, MA CAMDEN, NJ CHARLOTTESVILLE, VA CHICAGO, IL 1) HYDE PARK 2) GOLD COAST CONCORD, Nil DURHAM, NC HAMDEN, CT HARTFORD, CT HEMPSTEAD ITHACA LOS ANGELES, CA MANHATTAN 1) DOWNTOWN 2) MIDTOWN 3) UPTOWN 4) WALL STREET AREA MIAMI, FL MONMOUTH CTY, NJ MONTREAL, CAN. NEWARK, NJ NEW HAVEN, CT NEW ORLEANS, LA NEWTON, MA PALO ALTO, CA PHILADELPHIA, PA PITTSBURGH, PA POUGHKEEPSIE QUEENS COUNTY 1) FLUSHING 2) JAMAICA ROCHESTER ROCKLAND COUNTY SO. ROY ALTON, VT SPRINGFIELD, MA STATEN ISLAND SUFFOLK COUNTY 1) HUNTINGTON 2) RIVERHEAD SYRACUSE TORONTO, CAN. WASHINGTON, DC WHITE PLAINS Albany Law School - (Begins 5/28) Univ. of Michigan Law School - (Begins 6/3) Southern College of Technology Student Center Marietta Univ. of Texas Tarlton Law Library - - - International House Boston Univ. School of Law 9AM/I:3OPM/6PM 9AM I:3OPM 9AM I:3OPM 9AM/I:3OPM/6PM Brooklyn Law School SUNY at Buffalo School of Law Harvard Law School Rutgers Univ. Campus Center - North Cafeteria Omni Charlottesville Hotel - (Begins 5/28) 9AM/I:3OPM/6PM 9AM/L3OPM/6PM Univ. of Chicago Law School 9AM 9AM I:3OPM 9AM 9AM 9AM 9AM/I:3OPM I:3OPM 9AM Northwestern Law School Franklin Pierce Law Center Duke Univ. School of the Environment - Quinnipiac College School of Law Univ. of Hartford - Gray Conference Center Hofstra Univ. School of Law Cornell Law School BAR/BRI Office 3280 Motor Avenue 9AM/L3OPM/6PM 9AM/I:3OPM - NYU Law School A Eastside - Loews New York Hotel - - I:3OPM 9AM/I:3OPM 569 Lex. Aye. (at 51st St.) B Westside (1) Town Hall 43rd St. (bet. 6th Aye. & B'way) - (Begins 5/22) (2) BAR/BRI Lecture Hall 1500 B'way (at 43rd St.) Columbia Univ. Altschul Aud. (117th St. & Amster.) (Begins 5/28) Marriott Financial Center - 85 West Street - - - - Coral Gables 1570 Madruga Tinton Falls Holiday Inn - 700 Hope Chancellor Day Hall McGill Univ. Rutgers Univ. Law School - (Begins 5/28) 1157 Chapel Street Colony Law School BAR/BRI Aye, Office Road Old Inn Tulane Boston College Law School Stanford Law School Sheraton Univ. City - 36th & Chestnut Univ. of Pittsburgh School of Law Vassar College 6PM 9:3OAM (LIVE) 9AM/L3OPM/6PM 9AM 6PM 9AM I:3OPM 9AM 9AM/L3OPM/6PM 9AM 9AM 9AM I:3OPM 9AM/I:3OPM 9AM 9AM CUNY Law School St. John's Univ. Law School Days Inn Downtown 384 East Avenue Nanuet Inn 260 West Route 59 Vermont Law School WNEC School of Law Wagner College 9AM Touro College of Law Ramada East End - 1830 Route 25 Syracuse Univ. College of Law Ontario Driving Training Center 20 Eglinlon GW Law School (Begins 5/30) Georgetown Law Center - (Begins 5/30) Pace Univ. - Hayes Theatre 9AM/L3OPM/6PM 9AM/I:3OPM/6PM - - - - 9AM 9AM I:3OPM 9AM 9AM 9AM 9AM/6PM Aye. East 9AM 9AM/6PM I:3OPM 9AM/I:3OPM/6PM � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Opinion, 1996-04-17 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. The Opinion no. 11 17.04.1996 Date Issued Date of formal issuance (e.g., publication) of the resource. 4/17/1996 Bibliographic Citation A bibliographic reference for the resource. Recommended practice is to include sufficient bibliographic detail to identify the resource as unambiguously as possible. 36 11 Publisher An entity responsible for making the resource available University of Buffalo State University of New York at Buffalo Law School Language A language of the resource eng Type The nature or genre of the resource Newspapers Text Is Part Of A related resource in which the described resource is physically or logically included. LIB-LAW003 Rights Information about rights held in and over the resource <a href="https://rightsstatements.org/page/CNE/1.0/">COPYRIGHT NOT EVALUATED</a>. The copyright and related rights status of this Item has not been evaluated. Please refer to the organization that has made the Item available for more information. You are free to use this Item in any way that is permitted by the copyright and related rights legislation that applies to your use. This digital collection is made available for research and educational purposes. Researchers are responsible for determining copyright status, and securing permissions for use and publication of any material. Copyright for items in this collection may be held by the creators, their heirs, or assigns. Researchers are required to obtain written permission from copyright holders and the University Archives prior to reproducing or publishing materials, including images and quotations. For inquiries about reproduction requests and permissions, please contact the <a href="http://library.buffalo.edu/archives/">University Archives</a>. If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/db19344a27e62e107b2d1fd49736a7ba.pdf 2e2df3607a61f97b87b343342e005ef0 PDF Text Text I *f\ I 111 I II m I 111 \ A./ I _*"_j \f * 111 I■' \A/ f I" I If ii" _f_[ 1 Bringing tears to the student's eyes since Cardozo was in diapers THEONION Volume 36, No. ? April 1,1996 ESTATE UNIVERSITY OF NEW YORK AT BUFFALO SCHOOL OF LAW Coke adds...death? Soda machine linked to mysterious disappearances by Hyp R. Glycemic, Pop Editor question that is being asked by federal investigators at this time. It isbelievedthe new "Coke" machine that mysteriously appeared in our student lounge several months ago is responsible for the disappearances of at least 10 students or more. Of course, it cannot be determined for certain because Admissions and Records was not able to confirm that the students actually attended. It is believed that the machine operates in oneof twoways. It purposefully gets the bottle caught in the dispenser causing the student reach a hand or in some cases an entire arm into the dispenser to retrieve the drink. Upon reaching in, the entire person is sucked through the dispenser. Alternatively, the machine ejects the bottle with such a force that it kills its prey instantly, after which it uses its snake-like power cord to pull the student into its cold, darkrefrigerator/ digestion system. Witnesses have come forward in past months attesting to the mystery. A IL claimed to have believed nothing odd about finding an eyeball floating in his drink, freshly dispensed from the machine, until someone told him about the disappearances. "What's the big deal?" said the student, who wishes to remain anonymous; "Last year I opened up a can of cranberry cocktail and found a live,full size, whitelab rat." Apparently, the company was using rats to test its product and this one had gone AWOL. "I just assumed this was a similar situation." Another witness reached into the dispenser to get a drink and instead ofretrieving her bottle she got a "chilly" handshake from a cold, dismembered hand. The student stated she believed it to be some sort of "campaign" by Coke to make their machines seem more "friendly." "They could have cleaned upthe blood a bit first though," she said. When asked what she had done with the hand the student replied; "I kept it. Hey, 1 didn't pay a dollar to get nothing." Still another witness claims to have actually seen anabduction takeplace. "Yeah, even though I was pretty "high" at the time I remember seeing thekid crammed all the way up the dispenser. I thought he was just looking for a "free one." I'd never seen anyone that desperate before. Can I go now? I've got the munchies." A task force consisting of Dean Barry Boyer, Assistant Dean Nils Olsen and Pro- fessors John Henry Schlegel, Markus Dubber, Lucinda Finley and Charles Ewing was appointed to investigate these claims. It quickly became clear, however, that the investigation was being tainted by the fact that each of them had been spotted obtaining drinks from the machine. It is not clear whether the machine was attempting to bribe them. Since then, a team of federal investigators have taken up the case. Night surveillance has been conducted and agents have reported becoming entranced by the machine's ominous glow. One claims to have heard the spirit of his neighbor's dead labrador retriever calling to him in the whir of the machine's refrigeration unit. It was telling him to insert a one dollar bill. The agent is being psychologically evaluated. Meanwhile, it appears that the machine is going to be moved to a remote Air Force base called "Area 51" sometime soon for further testing. It is not clear when this will occur, because the federal government's budget for this investigation has been slashed to permit a tax cut for the $ 1 million per year income bracket. The Coca Cola Corporation has been unavailable for comment. SBA Squanders Funds Law UB Moving to the Aud Secret negotiations come to fruition by Bob Wiser, Beverage editor After months of secret negotiations, UB Officials announced that the Law School will move from its current home in O'Brian Hall on the Amherst Campus to Buffalo's soon to be vacant Memorial Auditorium. MemorialAuditorium, a massive depression era structure better known as the "Aud," is currently the venue ofseveral professional sports teams, including the Buffalo Sabres. However, the Sabres are slated to move into the Marine Midland Arena leaving the huge structure largely vacant. Moving into the Aud is expected to bolster the University's floundering revenue expectations. The Aud, which seats over 17,000, is expected to allow the enrollment of the Law School to increase over 1000 percent. The move is heralded as a major boon the to the sagging downtown economy. Buffalo city officials have long been pressing University officials to move the law school to downtown Buffalo. Mayor Anthony Masiello, who reportedly jumped for joy at the news and began to recite "Mary had a little 1amb...," suggested that UB officials may also want to consider using the recently closed Network nightclub as a student lounge. When contacted for response, University officials directed inquires to the University's new director ofpublic relations, William S. Speare. Dean Barry Boyer said that Speare hadpreviously worked at Globe University in Avon, England. When contacted, Speare said that the moving the law school to Memorial Auditorium would not change the quality of education, "that which we call a rose by any other name would smell as sweet." Speare noted that the decision to move the Law School was a good one. He praised the judgment of bothBoyer and University President William Griener. "How noble in reason. How infinite in faculty, in form, in moving, how express and admirable," Speare said. "[O'Brian] seems to me a sterile promontory. Why it appears no other thing to me but a foul and pestilent congregation of vapors," he continued. When asked about the practicality of conducting classes in a building thatresembles an aircraft hanger, Speare said. "Cudgel thy brains no more about it." However, not all of the reaction tothe announcement was positive. 2L Luther Martin object to the move. Martin was so distraught, he began to shout in German, "Hier steche ich, ich kann nicht anders. Gott helfe mir." Professor Markus Dubber was asked to translate. "Uh, he either said, 'Here 1 stand; I can do no other. God help me,' or 'Marty used a little lamb. God help me'" Dubber said. 2L Michael Plochoki also expressed his displeasure. "They keep bothering me when I try to study. Can't they interview someone else? I wish I wasn't the only friend of the Onion staff. This is irresponsible journalism." by MatuHari, fihkhh} year anrj triple oar exorbitant TheSBA heldanother emer- accounting fee t hope .ill of you gency meeting lost rhufedty The here tonight will he requesting meeting was their fourth in just tluec weeks. Treasurer Dolors Ehomm: "Our last meeting was on a reported, "We have a really sick Tn«*daj,'" President George dinouHt ol money to hand out Hdmßooe explained, " We ian tonight I don't know what todo never seem to accomplish any* with ft. t hope some of the stathing onTucsddys. The thirdweek dent groups have really exorbiotthemonth h* historicallybeen tant pl«ui\ for this semester." Ihe ttrst student group to! badfor useversincethatinddenl with the sheep at Baud Pnmt last request landing wasthe Law sin* semester..." dent Assoc!ation for Feudal Re* For the Mvoikl time this .se- rorros renpesting $350 for their mester, there were enough memannual carnival mrbers present to couMUui* a quo* ■-■"■■■'■ -?MSt^MQ€:"(MX*&iMiM~ "AH we wanted was Mime money for retaittg the horses. mous student groupspackedRoom Everything else was supposed to 2IW fur thefestivities Some did be donated, but i guevs wt could not appear to be law students. huy it, if you gu>% are feeling The first or<ter ol business lent w as the President HjmHone'sreHenry Tudor VIII said. port which addressing the budget Next , stated, "We receaity .discovered can Law Students Association that Sub-Board allocated an extra requested funding lor their Lastyear'sSßAex* awareness campaign and Thurs* eculive boar<J dimply forgot to day night "meetings." write "We just don't think many heir records" law students realize the influence Ham. J, "If we ofSatan in (heir dailylives. Ottr do n< lore iiple the end of the year, Sub-Board See Never on a Tuesday, p. 3I _\'i: ■ ii! .-.,( '.-m-jet HI halt nevi : ' �2 THH UNION v'April i, lyyo Apnl 1, 1996 Volume 36, I>10. ? I. 8. Aznob I. IVl. Vi8bevele6 Editor 8pace tor tbe bi^bezt Lidder Lu8ine88 lVl2N2tzel: 8nv8ter pettifog I>Iew8 Lclitor: ?e2wre8 L6itor: ?Kot0tzl2pny Art Director: /Xzzizlsnl eciilc>i8! Lrown IVlicliael Eoeb I. 8Kutter Vleci6 Lil6, H>2ve 8l2ll, txiiz I^»ne Thank God for the First Amendment Separated at Birth The Medium is the Message Professors married in a past life by Dionne Warwick, Psychic Editor As evidenced by their frequent bickering like an old married couple in their American Legal History Seminar, Professors Robert Steinfeld and Alfred B. Konefsky re- professors vigorously speaking at each other, both trying to make separate points on the same topic, yet carefully leaving room for the other's opinions. Shabab rushed to the stage*and proclaimed he felt vealed they werd- once The Grinch in Buffalo promoting her latest autobiography,My 10 Careers as an Actress said, "It's quite simple, they transcended the ages to find each other again." MacLaine has more than75 past-life spouses, and discovers more on a daily basis. "My medium channels my loved ones students asked both he and Steinfeld if they were married. "I had to go pub- lic to be able to cope," said Konefsky. "I always knew that there was a special bond between the two of us," out of the past and into my present." Konefsky explained that their past marriage was more like a contract at first, but then reality "stepped in as time wore explained Steinfeld, "but I couldn't tell if our marriage occurred during the seventeenth or eighteenth ftury." Actress Shirley MacLaine was the woman who originally shed light upon the entiresituation through her medium, Harvey Siegel, 3L Markus Dubber Shabab-Kazuloz the Magnificent. Shabab performs a full range of psychic wonders for a "very reasonable price." When at a quasi-academic conference, Shabab spotted the Shabab, explaining hiskarmic connection was weakened by the other people milling around, offered to try to facilitate the spiritual connection again for the professors for a small fee. "March is half-price month!" said Shabab. MacLaine.whowas married in a former life. "I couldn't take the tension anymore, " said Konefsky. "The students just instinctively knew." Konefsky recalled that just last week, one of his George Kannar had been the wife. —~—*l on." the two professors were similar in karma and had to be "soul-mates." He then grasped both of their hands, and exclaimed that Professors Steinfeld and Konefsky were once husband and wife. Unfortunately, the spiritual connection was too shaky for Shabab to tell who had been the husband, and who Konefsky 'spresentlife wife, Professor Dianne Avery, has no objection to the two working close together on long projects involving late nights. "1 trust them completely, I'm [Konefsky's] wife now." �THEONION April!, 1996 Boys - — 1/ 3 Will Be- Boys %/ Female law students' harassment gets out of hand, Finley goes ballistic by Janet Cooke, Cub Reporter What started as a nasty note in a mailbox ended in a marathon mass consciousness raising as several ugly-incidents marred the truce in the war between the sexes UB Law. Apparently inspired by a recent incident where a IL woman student got a anonymous insulting note in her mailbox, an unknown grafittist March 11 chalked the first floor blackboards with the words "All women law students at are doo-doo heads." The following day, a 3L student who was wearing her hair in a ponytail reported getting it dipped in an inkwell. "1 didn't know they still made those," the puzzled woman said. Then on March 15,a female member of Jessup Moot Court had a spitball thrown at her during a competition. The last straw was when a small group of male law students barricaded themselves inside the Ist floor lounge, calling it their "fort" and put up a sign on the entrance saying, "No gurls aloud! This means you! signed members of the He-mans wymins haters club." The law faculty attempted to speak to the student body during their scheduled classes about the escalating harassment incidents, but these attempts were in vain, as Professor Lucinda Finley was hit in the eye with a paper airplane. Finley was quick to respond, obtaining a federal injunction establishing a 15 foot buffer zone between her and her students. "Anyone who wants to ap- proach me and exercise his First Amendment rights is free to do so," Finley said. "However, if that person starts bugging me, I can get Schlegel until we find out who the guilty party is." Olsen said. There was a collective groan, a Federal Marshal to dance on his but still no one was willing to come forward. spine. Everybody shouldhave one of these." The following day, Assistant Dean Nils Olsen summoned all the law students to the Moot Court Room for a mandatory meeting. "I know that someone here has information regarding the persons responsible for these recent harassment incidents," Olsen said. "Anyfurther sheltering ofthe guilty party will be dealt with severely," The only response was nervous coughing. "All right, don't say I didn't warn you." Olsen said. "Until someone finds it in his or her conscience to come forward and take responsibility, UB Law pro- "Nobody is to leave this room until we find out the persons responsible." The only response was dead fessors are going to recite their law review articles. First Professor Konefsky will recite, in its entirety, with footnotes, his ar- silence, with students looking at each other guiltily, for one hour. "There will be no breaks, no lunch, no clinics, no seminars and no classes taught by Professor ticle published in 1989, "Upstream, Downstream: 19th Century Mill Litigation in Lowell, Massachusetts and the Death of fessor Halpern here has a 145 page opus on capital gains taxation that I'm sure you'll find..." "He did it! Hedidit!"Spanky Wardinski, 2Lsaid. "He made me do it!" Alfalfa Mcßride, 2L said. "Liar! Liar! Pants on fire." Buckwheat Johnson, 3L replied. With these confessions, the students were spared the promised torture, and instead were treated to a free showing of "Free to Be You and Me" and a surprise lecture by Alan Alda. Cake and ice cream was served and the bad boy law students had to sit in a corner with dunce caps on their heads. They didn't get to eat the cake or ice cream or get any of the neat presents the faculty handed out. Natural Flow Theory" Then Pro- Jim Crow Caws Again by Bennie Cardozo, Special to the Onion The Supreme Court Feb. 30 shocked the nation by overruling the Brown v. Board of Education decision outlawing school segregation. The ruling came in Skinflint Liberal School Board, a case v. where a disgruntled taxpayer in Liberal, Kansas, was protesting a school tax assessment. The petitioner argued for the relief on the last page of his 350-page pro-se brief, stating that the school district was under a desegregation order and he didn'tthink heshould pay the cost of the school board's mistakes. Supreme Court overrules Brown v. Board tionalscholarLawrence Tribesaid. "I'mabsolutely flabbergasted. The mind reels." "This is a great day for race relations and this is a great day for the United States of America" Republican Presidential candidate Patrick Buchanan said. The majority opinion written by JusticeThomas invalidated the assessment, stating it was based upon a unconstitutionalracial remedy. In doing so, the Court stated that Brown v. Board ofEducation. which heldthat segregatedschools were, inherently unequal, was wrongly decided. "The mere fact that a school basis of race." years of racial progress. "This The opinion then reasoned should be done on a case-by-case that even though de jure segregabasis." tion may violatethe Constitution, Justices Souter, Ginsberg and thefederal governmentcannot take Breyer, in a sharply worded disany steps to remedy it, since that sent statedthe decision overturned wouldnecessarily involve making 40 years worth of precedent and distinctions based upon race. transformed equal protection into "The paternalism that seems a "dead-letter." Justice Stevens, to lie at the heart of these remin a separate dissent stated, "I agree edies is at war withthe principle of withmy brethrenwho dissent from inherent equality that underlies and this travesty of Constitutional ininfuses our Constitution." terpretation. I write separately Chief Justice Rehnquist because 1 like seeing my name in joined in the opinion. Justice print and I'm a contrary cuss who Scalia, concurring, heldthatßrown can't seem to get anyone to agree v. Board of Education should be with my reasoning." overruled on textual grounds. "I In a sharp break from precelooked and looked at the 14th dent, retired Justices Brennan and Amendment and I couldn't find one Blackmun weighed in with their isblack does not mean that there is "1 just threw that argument in a Constitutional violation," Thobecause I was desperate," Petimas stated in his opinion. "That word about school desegregation, tioner Ralph Skinflint said after these (desegregation) programs " Scalia stated. the decision was announced. "I may have been motivated in part Justices O'Connor and don't believe they bought it!" by good intentions cannot provide Kennedy in their concurring opinReaction to the decision fell refuge from the policy that under ion stated that the court in applyupon predictable lines, our Constitution, the government ing strict scrutiny should be cau"Unbelievable." Constitumay not make distinctions on the tious in seeking to roll back 40 */ y continued from page I that he does have a real effect on their be used. Several SBA members objected, lives. As for our meetings, they're open to mainly because this particular fraternity is everyone, so it's OK for you guys to fund in no way connected with the Law School us." SALSA President Judas Benedict- and all of its members are undergraduates. The proposal was unanimously passed afArnold said. "What kind ofsupplies doyou need?" ter the fraternity agreed to let law students 31. Class Director Sandy Painin-Theass into the party for free. The Onion reporter requested "Imasked. What do we care? We have t heawney. mediate funding for a trip to the vending mac! li tigwas uuani tnously grunted Let's give them whateverthey want,"Treaafter she promised to "be nice" and bring surer Encense said. Hamßone said. "Yeah, it's not fair to Hamßone a Diet Coke, too She was given question them about what they're going to $2 to cover the cost of both drinks. After the binding was dolled out, d<"> with the money, It they get in trouble, we can just plead ignorance if we don't something else happened, but I'm not sure what. I was at the vending machine trying officially ask them about it. Parliamentarian, strike Painin-Theass' question from to get George a drink. It may haveinvolved a fjstfight, since when 1 returned, the record." j A vote was taken and SALSA was Hamßone's nose was bloodied. "Tell the protestors to disperse, oi allocated an additional $6666. The meeting went on tins way for we're going to call the police," Pumpkinabout 15 hours straight. Various student Eater said. The protestors were psychologically unavailable for comment, and groups requested large amounts of fundrefused to identity their cause for fear of ing, and the SBAapproved them all unanimously. The SBAfunded 46 student groups having to post a $4000.00 bond to ÜB. "We'll have to finish the new busi(some two or three times). The only real controversy arose from ness at our next meeting," Hamßone said. a funding request from a fraternity who "When can we schedule one?" asked that it not be identified. They wanted "Well, notnext week- Especially not funding "for an extrakeg at our party Satur* Tuesday. How about Wednesday of the day night," according tothefraternity president, who also requested that his name not next week." Pumpkin-Eater said. ' , tice Thurgood Marshall was alive, I'm sure he'd agree." Not to be outdone, the majority conducted a seance and brought forth the spirits of Chief Justice Fuller and JusticesBrown, Field, Gray, Shiras, White and Peckham, who constituted the majority in Plessy v. Ferguson. The departedjustices wrote a concurring opinion from the beyond. Justice Harlan, who dissented in Plessy. once again dissentedfrom the grave. Chief Justice Taney, theauthor oftheDredd Scott decision, also answered the summons and joined the concurrence. Reaction from UB Law students ranged from outrage to in- own dissents. coherence. "We know we don't get to vote, being retired and all," they stated in their opinion. "But we couldn't resist the chance to heap gratuitous insults on our former "Like, uh, the SupremeCourt, uh, really sucks," Butt-Head, IL said. "But those dead guys were cool." "Heh..heh..heh.heh."Beavis, IL retorted. brethren one more time. If Jus- Space Aliens Replace Faculty by Fox Mulder and Dana Sculley An Onion investigation revealed that students saw me eating my lunch, I realized that I would have to act quickly," Spacewarp the entire UB administration and faculty Commander Glaarp said. "So I whipped out have been replaced by alien look-alikes two pieces ofbread and threw thebats head from the planet Zontara. in between." When asked about the location of the Apparently, the alien take-over began last semester, during the beginning of exreal administration and faculty, Zargapp, ams. Vindicator of Alpha Centuri, who is "Professor Teri Miller" replied, "I believe they "We should have waited until the beginning of the second semester as none of were stuffedinto some of the old lockers in us had ever graded an exam before. So, we the basement." tookthe booklets all up to the seventh floor After the "Dean Boyer" sighting, other and threw them down the elevator shaft. students commented on the unorthodox The ones on the bottom of the pile got the teaching methods the "professors" have been best grades," Klangor the Merciless One, who is "Professor Finley." The aliens had been observing several law schools to decide which one to populate. UB was chosen over Harvard, Yale, and Cornell because, "[w]e knew we would have an easier time impersonating the aged hippies at UB than the Rush Limbaugh' types at the other schools," commented Azzara, Queen of Andromeda, whois "Professor John Henry Schlegel." employing in class. Students noticed something was wrong when a student answered one of "Professor Wade Newhouse's" questions incorrectly in his Constitutional Law class. "Wade" leapt up to the fifth tier of seats, yanked the studentup by the hair, and threw him through the wall. "I thought to myself that something just wasn't right here," said IL Joe Smith. Students first began noticing differ- Farzod the Fearsome, who students ences in the administration when students observed"Dean Barry Boyer" biting off the heads of live bats. swear is a dead ringer for librarian Susan Dow, said, "We really enjoy it at U.B. The students are fun to pick on and we all like the power we have over them. I think we're here to stay." The aliens wished to keep the takeover quiet until its completion. "When those �4 IHbUINHJiN April 1, 1996 BAR REVIEW ATTENTION ALL LAW SCHOOL STUDENTS WE HAVE ALREADY COLLUDED WITH OTHER BAR REVIEW COURSES SO THAT OUR PRICES REMAIN AT A FIXED LEVEL BUT IN FULL KNOWLEDGE THAT WE DO SO, WE ARE NOW OFFERING SCHOLARSHIPS IN VARYING AMOUNTS IN ORDER TO REAP ALL OF THE CONSUMER SURPLUS NO MATTER WHAT YOUR RESERVATION PRICE. SO ACT NOW TO PAY THE PRICE THAT OUR COURSE IS REALLY ONLY WORTH. WHY BAR/BREASE? So you thought that the $21,000 for law school and three years of studying the "law" was enough to get you past the bar? Guess again, you don't learn the law at "law school," all you ever really needed was $1500 and five jam sessions with Bar/Brease. Here's the difference between us and "law school": 1. Learn from those who can, not those who teach. 2. Read only brief outlines and case notes - all that's really necessary in the real world. 3. Spend class time learning the law, not listening to war stories, political agendas, and personal dogmas. This is not an advertisement and is solely for the amusement of the readers of the current state or position of any business, government, or organization. ■ "i wm wm m tm wm m m mm m m hi m m m "The Onion." This article is not meant to reflect m m m hi m m m m m m m m ■ � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Onion, 1996-04-01 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. Onion Vol. 36 No. 10 Date Issued Date of formal issuance (e.g., publication) of the resource. 4/1/1996 Bibliographic Citation A bibliographic reference for the resource. Recommended practice is to include sufficient bibliographic detail to identify the resource as unambiguously as possible. 36 10 Publisher An entity responsible for making the resource available University of Buffalo State University of New York at Buffalo Law School Language A language of the resource eng Type The nature or genre of the resource Newspapers Text Is Part Of A related resource in which the described resource is physically or logically included. LIB-LAW003 Rights Information about rights held in and over the resource <a href="https://rightsstatements.org/page/CNE/1.0/">COPYRIGHT NOT EVALUATED</a>. The copyright and related rights status of this Item has not been evaluated. Please refer to the organization that has made the Item available for more information. You are free to use this Item in any way that is permitted by the copyright and related rights legislation that applies to your use. This digital collection is made available for research and educational purposes. Researchers are responsible for determining copyright status, and securing permissions for use and publication of any material. Copyright for items in this collection may be held by the creators, their heirs, or assigns. Researchers are required to obtain written permission from copyright holders and the University Archives prior to reproducing or publishing materials, including images and quotations. For inquiries about reproduction requests and permissions, please contact the <a href="http://library.buffalo.edu/archives/">University Archives</a>. If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/454bee6a9219c2761c108bda60aec7c6.pdf 6046217e465bc94e73730fc1f0ecf56f PDF Text Text dsfdsfew J NEWS I DeathPenalty Conference. I See page 3 Follies and Fumbles. See page 2. A View of the SBA. Bringing the issues to the students since 1949 THEOPINION Volume 36, No. 9 STATE UNIVERSITY OF NEW YORK AT BUFFALO SCHOOL OF LAW March 13, 1996 And the winner is... Fung, Hamßoussi, Levant, and Thompson win SBA Board positions by Sam Chi, Editor-in-Chief For all of you on the edge of your seats, the Student Bar Association election results are in. The 1996 SBA elections proved to be the race of the write-in candidate. Of the four positions open, only two were contested. Less than a third of the student population voted. The uncontested race for SBA President was handily wonby current 2L Class Director Prudence Fung. Taking 164votes, Fung, the sole presidential candidate named on the ballot, easily beat her nearest opponent, write-in Menelik Alleyne. Alleyne, 2L, who garnered 22 votes, was followed by IL Class Director Shantelle 11 votes. Hughes with Twentyseven other candiates were also written in, including Professor Schlegel. Most received only one vote. When asked for comment, President-Elect Fung said that she was "very pleased." "I'm looking forward to next year. I want to enhance communication among the administration, SBA and the student body," Fung said. "When I leave SBA, I hope that it will hold the respect that it deserves," she added. In an unusual flip-flop of position, current SBA President George Hamboussi was elected to the position of Vice President. Hamßoussi, 2L,beat SBA 1LClass Director Steve Salob. President Hamßoussi noted, "I' m glad I won, because that's the goal when you run." When asked about his 110 vote margin, Hamßoussi said that he didn't expect to win by that much. "It makes me feel confident that I have the approval ofothers," he said. Hamßoussi said that it will not be difficult being the SBA's Vice President after being the SBA's President. "By being Vice President," Hamßoussi said, "I can ensure that I have time for the other organizations I'm involved with." He added, "The fact that you're involved in an organization because you like it does not mean you have to hold the highest position. I still have the same dedication, and the organization needs [the efforts of] many people to [succeed]." The race for SBA Treasurer was the nail-biter of the two-day polling. Although 2L Class Director Bari Levant beat her closest opponent Theresa Wolneiwicz by a 20 vote margin, the contested race was the closest in the election. Wolneiwicz, IL, who was also named on the ballot, captured a respectable 84 votes. She, by far, didthe best among those in the also-ran category. Thirdplace finisher, IL write-in candidate Patricia Potts gained 34 votes. "I hope the SBA will work closely with all of the student organizations," Levant said. Gaining the biggest landslide victory ofthe evening, current SBA Parliamentarian Pete Thompson overwhelmingly won reelection. Garnering support from 210 of 277 peoplevoting, Thompson devastated his 13 write-in opponents none of whom received more than 2 votes. "I'm very happy," Thompson said. — Thompson indicated that there was a lot of work to still to be done. "There are a number of things we have to get done organizationally. Student groups need to hold elections and budgets need to be worked out." He saidthat the role ofthe SBA will have to change as money becomes more scarce. "We are going to have to be more in tune with what's happening in The Results President: Prudence Fung, 164 Menelick Alleyne*, 22 VicePresident: George Hamßoussi, 169 Steve Salob, 59 Treasurer: Bari Levant, 104 Theresa Wolniewicz, 84 Parliamentarian: Pete Thompson, 210 IL voters: 121 2L voters: 114 3L voters: 42 TOTAL VOTERS: 277 * denotes write-in Albany," Thompson said. SBA meeting a five hour marathon by Kristin Greeley, Student groups scramble for funding Vice President Jeremy Toth reported that according to an SBA by-law passed last year, student groups must submita budget in the Fall and the Spring. "So far," said Toth, "few groups had actually submitted their budgets. The budgets are due three weeks into the se- Asst. News Editor The SBA held a five hour marathon session on Thursday, February 29 into early Friday, March 1. The bulk of the meeting centered around the SBA's delicate financial situation and the allocation of their scarce funds. About fifty students representing Asian American Law Students Asssociation, Black Law Students Association, Latin American Law Students Association, and the NativeAmericanLaw Students Association attended the meeting to show their support for the Annual Students of Color Recognition Dinner. The meeting began with SBA President George Hamßoussi giving both the President's and Treasurer's Reports. Treasurer Mercedes Lindao was excused from the meeting. Hamßoussi began by elaborating on the SBA's current financial situation. The SBA's financial troubles stem partly from telephone and photocopying bills left over from last year. Another major budgeting problem is the accounting contract the SBA is required to have with Sub-Board. "The money we pay Sub-board, we have mester." Pete Thompson then gave the Parliamentarian's report announcing that the petitions needed to run for an SBA Executive Board position were due that day. As of March 1, 1996, only six petitions had been received for the four positions. Prudence Fung and Bari Levant, 2L Class Directors, reported Gripped by the proceedings? Law students pack the SBA meeting to ensure that their voices are heard. nochoicc.Last year's treasurer budgeted it at $10,000, knowing we had a contract for $16,232," Hamßoussi said. Hamßoussi said that the SBA received $8922.10 at the end of last year from groups who had not used all of their budgeted funds. "They [Sub-Board] highly discourage you moving that money around during the semester," Parliamentarian Pete Thompson said, "They don't want us to touch the capital expenditures or any of the other lines. In order to do that, there has to be a [two-thirds] vote of the entire SBA board to elimi- gets. The $22,000 that this year's Last year, the SBA intended SBA should have been able to allocate is untouchable, being tied up in individual student group lines. The SBA also owes BPILP the $5,000 it promised them last discretionary fund for the 1995-1996 school year. An accounting error last year allocated this discretionary fund to student groups as part oftheirbud- year, plus up to $2,500 in matching funds it has promised for this year. In addition, itallocated $921 to various student groups before it found the budget discrepancy. nate that line." to create a that 284 tickets had been sold for the Barrister's Ball, in addition to all fifty subsidizedtickets for nonlaw students. Fung and Levant further reported that Bar Bri paid for the D.J. and the Dean's Association paid for professors who chose to attend. Alfredo Acevedo, 2L Class Director introduced two motions. The first motionrequired the SBA to hear petitions for funding from all groupsrequesting funding before voting on any allocations. In the past, money was allocated on See SBA on page 11 �THEOPINION 2 March 13,1996 Follies and Fumbles Greg Mattacola Columnist Come one, Come all NO WALLFLOWERS ALLOWED! in the heart of Virginia flapping his gums Come on and Dance! Come on and Dance! and talking his trash to every good old boy Let's make some romance! THE BIG he can grab hold of. And it's alt about his DANCE BABY! Gottalove it. The NCAA Golden Griffs. That's right, not only do I Tournament. What a glorious time ofyear. have to live with my alma mater being the When athletic departments around the nadoormat of the Atlantic-10 and having a tionare seen drooling in public at the thought name like the Bonnies, but my brother's old oftheir squads being invited. The prestige, school has made it to the show. And the the honor, THE REVENUE! And let us not scary thing isthat they have a shot at beating forget the real reason why we all tune in. Utah. It could happen. Thenyou'dseeevery We're talking weeks of non-stop, high in- southerner in a fifty mile radius flock to tensity college hoops. I knew guys in colOrange, VA. They'll all be going to see the lege, that when registering for the Spring crazy Yankee that just got locked up besemester, would try to arrange itaround the cause he couldn't stop babbling about these tourney. It wouldnever work, but the effort things that are half lion and half eagle. I was there. hope he knows a good lawyer. New York has done pretty damn well How happy is Colgate that Adonal this year. Not only do we have our mainFoyle decided to stay at home and become stay, the Syracuse Orangemen but we have a Red Raider two years ago? Two years, two Colgate and...Canisius? That's right ladies trips to the dance. Of course they face and gentlemen, from our own backyard, Connecticut in the first round and will get may I present to you the Golden Griffins. sent home whimpering, but who cares? Let me give you a visual. Right now, as we Colgate had never even been to the tournaspeak, there'sanother guynamed Mattacola ment before last year. Foyle is the man. Yeah, yeah, there's no I in Team but there is BUTKUS. Now it's no secret that I in Win. One impact player makes all the really can't stand the Bills. It's nothing difference in the world. personal, I just hate 'em. I like Buffalo. I And then there's the'Cuse. The team root for the Sabres. I'm even upset at the I grew up hating to love. Good old Syra- fact that they're probably not going to make cuse. A team that will stick it to you in a the playoffs. Yet, the Bills...nope, can't do hundred different ways. Remember Keith it. BUT, thereally fat guy that runs the team Smart? How about the Richmond Spiders? just did something that might get me to a What is one to do? You try to get out. You game. Chris Spielman. Remember the swear to yourself that you'll never go back. Follies and Fumbles highest compliment? You try to keep yourself occupied. You Yup, Spielman rocks. This guy isa player in read the whole paper (not just the sports). the pure tradition of football. He's a Butkus Youtakeup croquet. Itdoesn't work. You're type linebacker that will chew your hand off drawn to them. So you give it one more and stuff it down your throat. Yes, he's not chance. You make up. And thenthey break that young anymore but he can still deliver your heart in two all over again. It'll happen the hits. He'll be good for the Bills, espethis year, just watch. They'll win the first cially since it looks like "I love myself round. Then ifthey really wantto mess with almost as much as JimKelly loves himsejf' your head, they'll win the secondround and Cornelius Bennet is leaving. The only other convincingly. Then they know they have reason I ever tolerated theBills was Shane you. And then what will happen is that Conlan, another tough linebacker whocould they'll forget how to shoot foul shots and rattle some teeth. Welcome to the rough box out and lose miserably. Every freakin' Buff, Chris. Too bad you couldn't have year. But I'm not bitter or anything. gone to a contender. Pieper People Pass!!! /Come and see why \\ t • everybody's Switching \ Over tO Pieper!!! // \ , f ~ iii / / \ f I better send in my $150 deposit to receive those brand new Textbooks that were just printed!!! \ m~r J \ \ ) / tiy \jfr t Don't be left out of the conversation!!! /You passed too? That's great 1 I couldn't have prepared any better!!! I'm glad I ( J \I I KljJ j &J&T Every attorney I've ever met said I must take Pieper to pass the NY Bar \switehcd to Pieper!!! A ttl VJh \ t ±) ,V ( 0f course I passed! J I took PIEPER go} *< I couldn't have done \%ji lit without them! 1 Find out why everyone 's talking about , and switching over to: PIEPER BAR REVIEW!!! THE NY-MULTISTATE BAR REVIEW COURSE CALL 1-800-635-6569 �-vop-r •. March t3,:T'996.. tHEOPIWQN--,- NEWS 3 Cowardice infiltrates section B Anonymous letter requests student's silence in class by Jessica Murphy, News Editor On Thursday, February 22, 1996, IL Sarah Braen found an unsigned, block-lettered note in her mailbox which read: "Sara, This entire section is really sick of your constant stuttering banter during class. Please refrain from raising your hand during class unless your question comment has a definite ending point. Your cooperation is appreciated." Braen found the note in her box after a full day of classes "...it wasn't exactly unstressful," Braen said. After Braen received the note, she showed it to her friends, and no one recognized the writing. Braen then showed the note to Professor Isabel Marcus, who made "a very pointed speech in front of our class about consideration for collegues and considerationfor women in general." said Braen. Due to Professor Marcus's trip to Russia, she is currently unavailable for comment ing the note be analyzed for handwriting with regard to the note. identification. If the person who wrote the Braen then showed the note to Profesnote can be identified, that the informasor Lucinda Finley, Deans Newel and Cartion would be placed into that individual's rel who then showed the note to all of character file for eventual consideration Braen's professors, Newhouse, Avery, by the Bar Character Committee. Miller and Tobol. Braen explained that the law school All of Braen's professors, but Avery, has no facilities to analyze the note, and the spoke about the note to their classes. Proprocedure would have to be done through fessor Avery has yet to address this probUB Public Safety. Braen said, "1 thought at first I wanted lem, opting insteadto speak further withlaw school deans before speaking to her class. to do this [have the handwriting analyzed], "It seems like almost every year around but I don't care anymore...l'd like to know here a woman who speaks in class alot gets who wrote it just to know why." a nasty note. I never hear about a man who Sharon McDermott, a 2L, said, "I think speaks alot in class getting anonymous hate it's not bad because you could go up to a mail." saidProfessorLucinda Finley. "Those person and say the same thing to theirface. who want to criticize her for speaking, at It's not a nice thing and no one wants to least she's trying...someone should never hear it...[The note] wasn't terrible, the anonymous part is spineless. Still, it's not be criticized for trying, because articulating your views orally is what you have to do very nice, but it's pretty harmless...l when you're a lawyer." wouldn't do it." John Alfano, also a 2L, said, "I think if Professors Finley and Marcus both suggested that Braen should look into hayyou have that much of a problem with someone, you should go up to them in person and not be cowardly and leave a note in their box. But, I also think that some people do tend to take up a too much of the class time that doesn't belong to them and they always feel like they have something to say, so I can see where it gets unnerving. But, it's still no excuse." Braen saidthat the note didn't embarrass her, but it did make her angry. "This person is trying to censor my right to talk, and it's not working." "It doesn't really affect me, after all there's been no further action, and the professors have all told me to keep talking..l don't need an apology. Somebody's being juvenile...it happens." said Braen. Braen said, "The reason why we're here is to learn how to make persuasive arguments and stand up for them. This note is the worst example of [this philosophy]. No reasoning behind why they saidthis and no nerve to say who did it." UB Law hosts national death penalty conference by Jessica Murphy, News Editor On March 2, 1996, UB Law School sponsored a conference on the death penalty, organized by Law Professor Marcus Dubber. Dean Barry Boyer introduced the conference, "For over 100 years, the profession, the society, and the political system of this state has been wrestling with this question of when and under what circumstances we can put people to death for various crimes." With speakers from as far away as California, the conference dealt with such issues as the morally optimal death penalty,, jury responsibility in capital cases, federal habeas corpus, and thelegality ofexecuting the innocent. James Liebman, author of the paper, "FatalDistortion: The Chronic Making and Unmaking of Death Penalty Law," dealt with the question of "...how is it that the [Supreme] court has come to in essence after 25 years, having tried very hard to avoid certain problems, gotten into a situation where those problems are stillpresent?" He then outlined the 1976 Supreme Court decision abolishing the death penalty as well as the situation leading up to the decision: Tn 1972," the majority of executions were-ttf 'rtvhrofity persons committing* I i� II � t | J £ I sion-making is a form of violence." Author ofthe paper, "The New York Statute as CulturalDocument: Seeking the Morally Optimal Death Penalty," Robert Weisberg described the death penalty as "...a mixture ofviolent governmental force andrational and emphatic humanity implemented through a particular type of legal instrument that tries to'kindof regulate_or bptimfze a use" of,power." He;explaine,d that the passings of a law neutralizes thfe ■ . Six-Hour Review ofKey T I VV Sun., April 14th 106 if-/ICC. IVUUIII IUU PI ACF- Room r/M^ ' 10AM - 4PM . r£ ,c- S'nnlSS Question ? £ !&cXcXcXc3 FREE! - St. John'sgrad, 1995 c ie Reviewed I I FOR additional locations & enrollment information, please see reverse. see Death Penalty, page 10 pay $75 or more for a CPLR minireview? I joined BAR/BRI &it was included for DATE: Guidelines to Tackling U1 A/f +T Testable Most New York Practice Issues c FITTER F UJVJL BUFFALO LAW SCHOOL Topics underlying issue because the law becomes the public's outlet. Weisberg described New York's statute as an "...apparantly elegant, humane, rational effort to do thebest for human life which thinking can do to separate those who do deserve the death or might deserve death from those...who don't deserve it." Franklin Zimring, speaking on his paper entitled, "The Wages of Ambivalence: On the Structure and Prospects of New York's Death Penalty Statute." Zimring thinks that the first New York execution _____________ COMPREHENSIVE OVERVIEW � | crimes against white victims. By abolishing the death penalty, Liebman says the Court "...invited itself to the death sentencing party," and that "...judicial deci- | PRESENTED BY PROF. VINCENT ALEXANDER prof MQxmdQr has taught CpLR for more than 15 years at St. John's University School of Law and co-mxthors McKinney's CPLft Commentaries. Prof. Alexander is outstanding. I learned so much about the CPLR 1 from him that I feel like I can now ace my CPLR exam. rsXoXoXvXoXoXoXoXcXoXoXoXoXoXoXoXoXoXQXoXoXoXoX | I E L |ft | I | P I fe | [W | L E �TgEpfiiffiffiy. 4 . , , ,« .. March 13, 1996 Founded 1949 Samuel S. Chi Editor-in-Chief KHMcK 1.3,.l996 HH opinion \/ i Volume -r/c No. 9n 36, kt EDITORIAL If n Steven Bachmann Dietz Managing Editor Business Manager: Deshikaßotejue News Editor: Jessica Murphy Features Editor: Mike Chase Photography Editor: David Leone Art Director: LenOpanashuk Opanshuk Assistant editors:Features: David Fitch, Dan Killelea; News: JulieMeyer, Kristen Greeley Photo: John Gasper. Senior editors: Evan Baranoff Computer consultant: PeterBeadle The Opinion is a non-profit, independent, student-owned and run publication funded by the SBA from student law fees The Opinion. SUNYAt Buffalo Amherst Campus, 724 John Lord O'Brian Hall, Buffalo, New York 14260 (716) 645-2147. The Opinion is published every two weeks during the Fall and Springsemesters. It is the student newspaper of Ihe Slate University of New York at Buffalo School of Law. Copyright 1996 by The Opinion. SBA. Any reproduciion of materials herein is strictly prohibited without the express consent of the Editors. Submission deadlines for letters to the editor and Perspectives are 5 p.m. on the Friday preceding publication. Advertising deadlines are 6 p.m. on the Friday preceding publication. Submissions may either be sent to The Opinion at the above noted address, dropped off under The Opinion office door (room 724 O'Brian Hall), or placed in Box #640 on the third floor of O'Brian Hall. All copy must be typed, doubledspaced, and submitted on paper and on a computer disk (IBM-WordPerfect 5.1). Letters are best when written as a part of a dialogueand must be no more than two pages double-spaced. Perspectives are generallyopinion articles concerning topics of interest to the law school community and must be no more than four pages double-spaced. 77tc Opinion reads and appreciates everyletter and Perspective we receive; we reserve the right to edit any and all submissions for space as necessary and also for libelous content. The Opinion will not publish unsigned submissions. We will return your disks to your campus mailbox or lo a private mailbox if a self-addressed stamped envelope is provided. 77ie Opinion is dedicated to provide a forum for the free exchange of ideas. As a result, the views expressed in this newspapet are not necessarily those of the Editors or Staff of 77ie Opinion. "Congress shall make no law ....abridging thefreedom of speech, or ofthe press;..." The First Amendment -- Reassure Rape Victims To All Members of The UB Community: Sexual assault, sexual abuse, sexual harassment, stranger rape, and date or acquaintance rape are monumental problems for our society. Unfortunately, college nation immediately—contact Center for Student Health (829-3316). To preserve evidence, discourage her from changing her clothes or taking a shower. campuses are not insulated from these harsh realities. It is highly likely that as a member of a college campus community, you will know someone who is or will be a survivor of rape. As we face this problem, there are important steps we can take to assist someone who has been victimized. If a woman who has been raped, harassed, or abused chooses to come to you, as a friend, for support and assistance there is much you can do to help: • LISTEN: • Allow her to express her feelings without interruption. • Be patient with silences as she may be slow in talking. • If she needs help continuing, try repeating back what she has said. BE REASSURING: Believe her! A great fear ofsurvivors is that they will not be believed. Reinforce that the rape was not her fault, no matter what the circumstances. • Comfort her as much as possible Help her get counseling to work through the trauma (even if the rape occurred some time ago but she still has not worked through it). • Let her make her own decisions! You can help her work through her thoughts and feelings, but it is important that she has control over her life and her recovery; support her in whatever she decides to do or not do, even if you disagree. Call Sexual Assault Information Line (645-3411) for options in reporting and resources available. PROVIDE ONGOING SUPPORT: Be available throughout the next weeks and months —recovery takes much time. • Learn about rape trauma syn- drome (from the Crisis Services hotline or the Counseling Center) so that you know what to expect and can understand her reactions better. • Respect her rights to privacy and do not tell others of the rape without her consent. verbally. • Beware of physical contact as she may not want to be touched, but you can always ask if you can hug her (don't treat her as if she is contagious). • Provide things that make her feel warm and safe—a blanket, stuffed animal, hot tea. Make sure she has a safe place to • through this; it is natural to feel great stress when supporting a rape survivor—talk to someone "safe" (counselor, friend at another school, parent) about your thoughts, feelings, and sleep that night. needs. Do not talkabout gettingrevenge; focus your energy on her and her feel- ings. ENCOURAGE HER TO SEEK HELP: Call Crisis Services hotline for professional guidance (X34-3131). Go with her for a medical exami- FOR YOURSELF: • Seek support for yourself to work Rape, abuse, and harassment are community problems that can only be dimin- ished if our community stands together to support those who have been victimized. Yours truly, The Staff of the Counseling Center Lenby Graphic Tell us your opinion! If you have an opinion on anything published in our newspaper or on any current that concerns the law sch lunity, write The Opinion. Letters lo the editor are best when written as a pitrt of a dialogue and musi not be longer than two pages double-spaced. Perspectives are generally opinion articles concerning topics of interest to the law school community and must not be longer than lour pages double-spaced. All submissions are due the Friday before we- publish. Your submission must be typed, doubied-spaced, and submitted on paper and on a computer disk (IBMWordPerfect 5.1 format). The Opinion reserves the right to edit any and all submissions for space as necessary and also for libelous content, we will not publish any unsigned submissions Send your submissions to The Opinion office or place them in o,>.v. 64<i events topic Jessup Brief Unfair To the Editor: Although I appreciated your effort to inform the law school community about the 1996 Jessup Atlantic Regional Competition, your coverage did the Regional Team a great injustice. Your choice of sources resulted in a substandard news article that presented a successful team in a very poor light. I am referring to the article entitled, "Jessup team faces obstacles: Defeat snatched from the jaws of victory" (Feb. 28). The article failed to mention that the Jessup team represented UB in a regional competition in which we don't usually participate. UB competed in the Atlantic Regional Competition because we hosted the competition in which we usually take part and were allowed to compete elsewhere. Although we are renown for our excellence in the Fasken first year moot, UB does not usually place well in the Regional Jessup Competitions. In fact, more often thannot we don't advance beyond the preliminary rounds. Thus when a UB regional team goes undefeated in the preliminary rounds, makes the semifinals, ranks fourth among twelve teams in a new regional competition, and brings back an award, it is hardly a matter of "snatching defeat...."It's a victory! You were correct in mentioning that the team faced obstacles but you failed to discuss the team's remarkable ability to overcome them. For example, UB never received a copy of the corrections and clarifications to the compromis (the fact pattern in International Court of Justice cases). Thus our team had to incorporate new facts in its argument during the competition and argue against competitors who had advance knowledge of these facts. The UB team did this with finesse! Hadyour news editorbeen more thorough in her research, the article would've captured the story more completely. The article was almost entirely based on the comments of one team member who happens to be a close friend of your editorin-chief. You also provided a quote from Jessup'sExecutive Director whois amember of your staff. While I have the greatest respect and admiration for these two Jessup col- leagues, the article clearly suffered from your exclusive reliance on them. Our Executive Director neither competed in nor coordinated the competition. I must admit that as the Regional Competition Director and Team coach, I was surprised that I was not approached regarding the article. However, my dissatisfaction goes to the fact that you did not take the timeto approach three of the four team members for information on an article concerning them. As a former news editor of the Opinion, I understand the challenge of getting sources for articles and meeting deadlines. However, when you are no longer willing to go beyond your staff or your circle of friends to get information for stories, you compromise the journalistic integrity and credibility of the Opinion. At best, the article was an example of irresponsible journalism! Sincerely, Karen A. Bailey Regional Competition Director, The Philip C. Jessup International Moot Court Board ■ Editor's note: Ms. Bailey was the Opinion's news editor for one issue during the 1994-1995 academic year.' �THE OPINION March 13,1996 5 Deliberations Editor-in-Chief Sam Chi "The quality of mercy is not strain 'd" People often seem surprised when I print Letters to the Editor critical of the Opinion. On the contrary, I welcome them as much as I welcome positive ones. Critical or otherwise, letters based on legitimate, wellreasoned groundsare a fuel that feeds the fire in the belly of a good publication and quickens the pulse of its editor. That someone wouldtake a stand and cast off the shackles of apathy and take an affirmative step to thoughtfully tell me and everyone else how they feel about a particular issue, story, or editorial is a worthy thing. Accordingly, I am thrilled to receive any letters at all. It was with this mindset that I accepted a letter for publication in this edition ofthe Opinion. After the initial joy at knowing that least one other person actually read the Opinion, (and was kind enough to write), my mood soured. Instead of thought provoking feedback, I was disheartened to find a letter about our coverage of the Jessup Regional Competition little more than petty grousing. My first reaction was simple regret. Here, our News Editor had gone to the trouble of writing what I thought was an uncontroversial, almost flattering, article about a facet of UB Law that often goes unnoticed. But now her integrity is im- pugned simply because a positive story wasn't goodenough. Granted, she may have been more thorough; but she decided to pursue this story at deadline, forsaking other articles she could have written, and labored because we felt that the Jessup team merited mention. primary source of the story is a good friend ofmine, he was not interviewed exclusively because of that fact. He was quoted because he was a member of the team and because he was available at press time. Jessup's Executive Director was consulted because he is the head of the Jessup Moot Court Board. It is good journalistic pracPositive coverage wasn't flattering tice to solicit comment from the head of an To her credit, theletter's author maybe organization. If the Executive Director is correct in her assertion that the story may not qualified to speak for a group, than who not have been fair—hard news should be is? To set things straight, whilethe execuobjective and fair. An objective, fair story should haveentailed gettingcomments from tive director of Jessup was a member of the the other competitors or the tournament editorial board last year, he is not a part of organizers. Onecan onlyimagine the choice the current Opinion staff. The Opinion comments they would have spewed upon staffconsists ofthe Editorial Board and the hearing our side of the story. But the fact of assistant editors. He is included in the staff the matter is that this was not a straight, box to honor him for his help with our investigative, hard-news story. It was a computer. Despite his busy schedule, he featuresy piece designed to showcase the persists in this role as a favor to me, simply accomplishments of the Jessup Regional because he is my friend. I make no apoloteam. To call a story "irresponsible jourgies for my friendships; rather, I cherish nalism" because positive coverage wasn't them. I regret that these friendships have positive enough is nothing more than a se- opened up innocent people to unwarranted rious waste ofwords. sniping. In fact, the news editor followed legitimate, credible journalistic practice. The It's a mad, mad world Opinion has an ethical duty to report the Perhaps this incident is indicative of a news accurately. I, and the staff, take that larger trend. I have found out that the world duty very seriously. While it is true that the is often bitter, apathetic, petty, and mean. . The rise ofPat Buchanan makes me believe that it seems to grow increasingly so. When I first decided to become a journalist, I did so because I wanted to make a difference. I would follow in the footsteps of Jacob Riis, Walter Cronkite, and Woodward and Bernstein. I would change a cold and jaded world. I would make a positive impact. My heart burned with an idealisticfire that gave a frenetic energy to every lead I tracked down and impassioned every story I wrote. But set against the apathy, pettiness, and meanness of the modern world, that fire gradually began to wane. To preserve what was left, I decided to get out. I went to law school to get tools to continue the struggle. I thought for at least three years I could avoid petty machinations and bitter people. I guess I was wrong. I bear the letter's a hor no malice. I respect her right to ex: ess her opinion. Furthermore, aside fron nderstanding she was a News Editor of the Opinion for only one issue, I barely know her. I assume she knows just as much of me. In the end, the whole affair is not that big a deal. We will still cover Jessup and every other law school event to the best of our ability. The world will still spin, and I will still wTite, but the idealistic fire that once raged ght, now burns just a little bit dimmer. Perspective Menelik R. Alleyne, 2L ... Thoughts on my first SBA meeting It isn't what it's cracked up to be! As I sithere in the SBA meeting, I think about how great it isthat people came out to see how SBA's last few dollars would be allocated. From what I understand, this was the first time students, without proposals, came out this year justto get an understanding as to what is really going on in their law school. The room was packed withstudents occupying every seat, sitting on the floor, and even standing just outside the room. In fact, the room was so packed with people hoping to have their questions answered, the SBA couldn't even determine in what order they would take questions from students. Did someone say "Robert's Rules ?" or "Pete's Rules ?" - Whatever! Due to the fact that we were down to the wire with SBA money and trying to manipulate the last few dollars, much thought had to go into the funding of the remaining significant activities at UB Law. Of these activities, the Students of Color Dinner was of primary importance. However, also significant were other activities, some of which had already been promised by SBA, like the BPILP grant, and "start up" money for a new Women's Group at the law school. In any event, I was absolutely floored by the many grand ideas and work being put forth by many student groups like LELA, and NLG (just to name a few). During this meeting, there were many times that the sentiment of the SBA was to reject the proposal, or at the very least to grant an amount significantly decreased from what had been requested. It was during these times that I witnessed fellow student groups volunteering to donate a portion of their own insufficient funding to other groups for what they thought was a greater cause and significance. The Opinion even offered to assist another student group program - No how is that for "talking the talk, and walking the walk." I must take my hat offandthankpeople likeCraig(of LA.TI.S. fame), Martha, Jo Anne, and Dan Werner for providing guidance at the meeting and really exemplifying commitment to equality, compromise, and frankly what is just no matter what the cost. I have no doubt in my mind that we would have never gotten this far if it weren't for those SBA board members whom possess some level of competence. From the start, Alfredo's motion to change the way SBA had been voting on proposals, giving everyone a fair opportunity, was terrific(..what, you mean actually do something different than how initially imagined? - never!); although it didn't take a brain surgeon to figure this one out. As I said earlier, the big issue was MONEY. It is unfortunate that many have forgotten that as a state school in the SUNY system it was Gov. Pataki thatscrewed over educational funding, and will continue to do so. We must not forget that, at the rate things are going, UBLaw couldvery well be on the chopping block as a line item. SBA should be fighting for us as students. It amazes me that we are all a bunch of lawyers, and yet no one knows how to lobby. - SBA should not only lobby, but they are is an organization that organizes students within the State Universities in an effort to supposed to motivate the students into beachieve common goals. UB Law was once coming moreactive in Albany. It is apparent to me that SBA has not been interested a member of SASU, and in the words ofthe in achieving this goal. I am speaking from Field Director "What happened ?" Particularly at a time when SUNY's budget has experience in that as soon as the new (1995-96) SBA board was elected, I brought up been reduced, SASU continues to play a thisvery issue, and arranged a meeting with vital role in keeping student issues alive, one ofthe Field Directors from the Student and lobbying for funding (among other Association ofthe State University ofNew things). Although the Field Director came York (SASU). SASU, based out of Albany, See Money talks on page 11 lei LrJ BAR/BRI \A I BECAUSE ' why EXPERIENCE COUNTS TM Let Ihe POWER OF EXPERIENCE work for you �6 THEOPINION MOOT PAGE/NEWS March 13,1996 Niagara cup competition UB 2Ls focus on salmon fishing rights by Mary C. Raymond, Special to the Opinion The UB -Jessup Moot Court Team memuers were greeted warmly by our hosts at the Niagara Cup Tournament held at Case Western Reserve Law School the first weekend of March. Thiscompetition focuses on issues related to Canada and the United States. We, Applicants, represented Canada, our Respondents, the United States. A reception was held at the rustic Glidden House-across from the Law School in downtown Cleveland. We were ecstatic as we received our packets and discovered that we had survived the first "scoring" battle of the competition. We did not commit any "deductible errors" on our briefs! The rush to the finish line during winter break did not result in any errors for either the applicant or respondent!! We were ready and confident that we were on a level playing field. We spent the rest of our "free" time practicing at the hotel with our coaches, and set off for the first round. Our team members felt it was important to support each other [not to mention the added benefit of "spectator participation"] so we attended all four rounds as a "team". Soon after the first round began we recognized we might be "disadvantaged" in this competition. The Participant Program packet included information on the com- Moot Court Briefs by Jessica Murphy, News Editor Desmond duo hits D.C. Darci Hoff and Jennifer Sommers. 3Ls, recently participated in the Burton D. Wechsler First Amendment Moot Court Competition, hosted by American University. The pair reached quarter-final competition. The Hoff/Somrners team argued both sides of the selected issue as well as collaborated on a brief in support of the petitioner in the case of State QfMtM V. ClMchttl the MffllttAmfrfcnk- The case dealt with the Religious Freedom Restoration Act and First Amendment claims based on the free exercise of religion and freedom of speech clauses. The pub itc<ivi-J in'.iiu:'- for the comretitioi: overall. •■ iwiirtl; ihsl orief 3L's thrilled with Mardi Gras 3L's Terri Brophy and Hilary Banker competed at Tuiane University Mardi Gras Invitatoinal National Sports Law Competition in New Orleans, La. The Brophy/ Banker team progressed to the third round of the "sweet sixteen" level of competition. Brophy and Banker arguedthe caseofShctidan v. University of Mars, focusing on questions of educational malpractice tort and breach of contract. Brophy said."Tuiane University did an excellent job of hosting the competition. They planned the competition to be over tJtly. so we would have a weekend in New Orleansdunng Mardi Gras Most of our functions were held on Burbon Street It was unbelieveable! We also did better in competition than we had expected, so it was a great experience.'' petition rules, "stick to the facts of the compromis" and "stick to international law." This was important because the issue was the Pacific Salmon dispute and the literature we all relied on was rich with"added facts." We were very surprised as the Applicant's argument was based on facts outside of the Compromis and on the internal laws ofbothCanadaand the United States. We waited for the judges to "notice." This did not happen! The Team members reconvened to discuss our strategy. We had all reviewed the same information in our research, the question was should we revise our arguments outside of the facts or stick to the rules. The choice was - clear-we would stick to the rules. As we moved from round number one to round number four, the playing field develop deep ruts, lakes and mountains. Not only were teams bringing in outside facts and law, but judgeswere commending them on their research and "scolding" us for using the now familiar phrase "With all due respect your excellency, the facts you are questioning are not the facts stipulated by the parties in the Compromis." At the coaches meeting, the UB contingent raised the issue and, as we suspected, the judges were not informed of the "rules." Following this meeting, our coaches felt compelled to share course) the rules. The judges were shocked to find that the factors they were commending teams for were not allowed. The UB Team stuck to the high road and the end result was not bringing home the trophy, but we did benefit greatly and we were able to work on development of a very important skill. That skill: how to say "IRRELEVANT' in one hundred different ways. Editor's Note: The team brief placed ninth overall, and the UB Team placed 13th in a field of 16. The UB Law 2L competitors at the Niagara Cup Tournament were: Gil Michel-Garcia, Daniela AlmeidaQuigg, Mary C. Raymond, and Kathryn Lee. with the judges (after scoring ,of Crim Law Society sponsors alt. incarceration speaker by Sarah Braen, Reporter New York Supreme Court Justice Barbara Howe spoke on Alternatives to Incarceration on February 29. Justice Howe's speech was sponsored by the Criminal Law Society. "Since incarceration is pften not cost effective and does not achieve the desired result," Howe said, "many alternatives have been created. In applying these alternatives, it is important to remember the desired end. Towards this end, the question, 'What is justice?' must be asked and answered." The alternatives may be applied at three different times in the judicial process: pre-trial, post-trial, and post incarceration. Pre-trial options are limited primarily to drug or alcohol rehabilitation programs for people accused of drug or alcohol related crimes. Intervention programs for young prior offenders may also be used. Other alternatives are house arrests and electronic monitor- way for the criminal to giveback society to make up for what they took from it. Some even find they enjoythe volunteer workthey find and choose to continue, according to Howe. Community service is also a way for some criminals to learn valuable skills in interviewing, finding ajob, and following a work ethic. This enables many of them to find productive jobs at the end of their service, giving them an alternative to crime. Parole and probation are methods of community monitoring. The parties in these programs must meet regularly with their caseworkers and show that they are not returning to crime and are fulfilling any other criteria set by the court. Of the 35 students who attended, most agreed that the alternatives discussed were good ideas. One student said that the options "would relieve a lot of to State Supreme Court Justice Barbara Howe ing. Post-trial and post-incarceration alternatives are more varied, including community service, pro- bation, parole, rehabilitation, electronic monitoring and work release. These are programs which encourage the party to take responsibility and build trust, Howe said. Community service is often given for misdemeanors. It is a burden on the jail CIRCLES announces the selection of Editors-in-Chief by Mike Chase, Features Editor The Crystal Ball Futuxe moot Court competitions UB Law will see the Desmond Moot Court Board sending 3Ls Bill Gargan and Melissa Fingar to Vanderbilt University to represent UB in the First Amendment Competition. The Gargan/Fingar team will compete in two weeks, and their argument topic revolves around tobacco advertising. The Jessup Moot Court Board is sending its first year team lo compete in Toronto this upcoming weekend. UB Law first-years will lace competitors from Queen's University, Osgoode Hall, Cornell University, Syracuse University, and University of Toronto. Traditionally, UB Law has made an The Buffalo Women's Journal of Law and Social Policy, CIRCLES, recently announced its selections for Co-editors-inChieffor the next publishing year. Stacy Davis, 2L, andKaren Moss, 2L, will take over for outgoing Co-editors-in-Chief Susan Hughes, 3L, and JoAnne Howlett, 3L. Second-year student Rhonda Cowie will fill the role of Managing Editor. The group is still looking for a Grant Writer and a Submissions Editor. CIRCLES, first published in Spring 1992, is dedicated to legal and social issues affecting women. It was the first interdisciplinary women's law journal in the nation. "We include fiction, poetry, and artwork and we work with the women's studies department here at ÜB," explains Davis. "And, we encourage submissions." voices, women's perspectives, and a discussion of social and legal issues related to women's says lives," Howlett. If you are interested in participating in Stacy Davis, 2L andKaren Moss, 2L The journal currently publishes once yearly in the spring. The 1996 issue is due out today. Those students interested in taking an active role in CIRCLES are encouraged to do so. Thejournal gives students a unique opportunity to create a publication which dealswith law in ararely-explored context. "We create a space for CIRCLES, stop by Room 11, or More News see page 10 �FEATURES March 13,1996 7 THE OPINION National Fellowships Awarded Three UB Law students procure prestigious public interest endowments says with a smile. by David Fitch, Asst. Features Editor Prestige was bestowed upon UB Law and three graduating law students recently when they were awarded national public interest post-graduate fellowships. Julia Hall Julia Hall was awarded the W. Sara Meerse Sara Meerse became only the second UB law student to be named a Skadden Fellow since the fellowships were founded in 1989. Skadden is a huge private law firm that developed the program to give law students or people finishing judicial clerkships an opportunity to follow theiraspirations of practicing public interest law. Of the 212 national applicants, only 25 were selected as Skadden fellows. They will receive a salary for two years to work on a project they Left to Right: Dan Werner, Sara Meerse, and Julia Hall develop with an existing public interest agency. "Skakken pays [$32,500 a something that could [apply] genershe was asked to distinguish her project, they also have a loan ally to children's issues. But the speyear] and in light of the extreme competition, repayment program, [while] theagency cial education is what I've found to be from the other semi-finalists. "For your working with pays your fringe most compelling. I'm in the Special me, it was the remote location. The benefits," says Meerse. Education Clinic now and I have a highway ends as soon as you get into Meerse's project entails workconcentration in Child Welfare in the the county, and the county [encoming in Aroostook County, Maine, with School of Social Work, so children's passes] over 7,000 square miles, so Pine Tree Legal Assistance, Inc. on issues have always been an interest of it's cut off from everything. I think cases involving children's issues remine. And when I found out there that the area itself is what made my lated to housing, health care, and spewere no special ed services at all [in project compelling," she notes. cial education. She was introduced to Aroostook County], I thought that was Meerse says she is very excited the program, which isbased in Presque unbelievable. It just seemed like a about becoming a Skadden Fellow and Isle, last summer when she spent four good way to reach out," she explains. having the opportunity to pursue her months serving local needy clients Meerse believes that Presque interests in children's welfare. If the through a National Association of Isle's extreme rural conditions had next few years go well, Meerse hopes Public Interest Law (NAPIL) fellowsomething to do with her being se- to work her project into something ship. Regarding an idea for a project, lected for a fellowship. During her more permanent and stay in Presque Meerse says she was "looking for interview as one of 65 semi-finalists, Isle. "I'd like to beable to do that," she .. Bradford Wiley Fellowship in Human Rights by the international public interest organization Human Rights Watch. The fellowship is based in international human rights and it's available for graduating law students or recent law school graduates or graduate students in journalism, international relations or area studies. Human Rights Watchchose Hall over several hundred applicants. The year-long, $30,000 fellowship will station her in New York City with opportunities to travel around the globe. In discussing what will be expected of her, Hall explains that a W. Bradford Wiley Fellow is "basically responsible for research in an area of humanrights, [usually] one with which you have some familiarity with. My familiarity is mainly with the [United Nations] system and with women's human rights. [I'll] have to conduct at least one human rights field investigation which entails traveling to a country and doing very meticulous research to understand the types of violations that have occurred in that country." Human Rights Watch's goal is to make governments pay a heavyprice in reputation and legitimacy if they oppress the rights of their people. "It's public interest law, but it operates on a international level," she says. See Fellowships on page 9 Judicial Reading of Licensing Statute Bolsters Gun Control Effort inside... tution, public or private, for mental illness; and (d) concerning whom no good cause exists for the denial of a li- The Death Penalty Symposium by Mike Chase, Features Editor recent decision by the New State Court of Appeals reins the authority of firearm licensing officers, particularly those in Upstate New York, to place limitations on "carry concealed" licenses. In Matter of O'Brien v. Keegan. 1996 NY. LEXIS 69 (Feb. 16, 1996), the Court of Appeals reversed a Third Department decision granting a gun owner's petition to remove restrictions from his license which limit it to hunting and target shoot- K\ The issuance of firearms licences is governed by Section 400.00 of the Penal Law. Subsection (1) of that statute reads: No license shall be issued or renewed pursuant to this section except by a licensing officer, and then only FEATURES cense. Subsection (2)(f) further provides that a carry concealed license shall be issued only wherejhe appli- Opanshuk Lenby ingand target shooting. When O 'Brien protested, Judge Keegan met with him to reconsider the restriction. The licensing officer adhered to his original determination when the only reason articulated by the petitioner for maintaining an unrestricted license was "it makes me feel better." The petitioner appealed this restriction to the Appellate Division. In a 4-1 decision, the Third Department held that a licensing officer is not allowed to make a "proper cause" inquiry when a license is merely being SOLAR Film Series See Gun Licensing on page 9 graphic cant has demonstrated "proper cause ... for the issuance thereof." Since 1990, petitioner Jerald O'Brien had held an unrestricted license to carry a concealed weapon. His license covered three semi-autoafter investigation and finding that all matic handguns and a revolver which statements in a proper application for were registered under his name. On a license are true. No license shall be December 8, 1993, O'Brien sought to amend his license to substitute one issued or renewed except for an applirevolver for an already-licensed recant: volver and to add another semi-auto(a) of good moral character; (b) who had not been convicted matic pistol. The licensing officer, Albany anywhere of a felony or a serious ofCounty Supreme Court Judge Thofense; (c) who has stated whether he has mas W. Keegan, granted the applicaever suffered any mental illness or tion but placed a restriction on confined to any hospital or instiO'Brien's license limiting it to hunt- a] LrJ A -\ WHY BAR/BRI BECAUSE EXPERIENCE COUNTS TM Let the POWER OF EXPERIENCE work for you �PHOTO ESSAY THE OPINION March 13,1996 DEATHPENALT DEATHPENALTYCOFR CONFERENCE TWO of a kind? You may recognize the man on the right as law professor Markus Dubber. However, the man on the left may not be so well known to you; he is Paul Johann Ansalm Feuerbach (1775-1833), a German law theorist. What do Markus Dubber and a dead lawyer have in common? Criminal law. Feuerbach was a drafter of the Bavarian Penal Code of 1813. Dubber currently teaches Criminal Law (including the Model Penal Code) and he recently hosted the New York Death Penalty in Context Conference at the Law School. Markus Dubber, Dean Boyer, Dean Olsen, and Conference Speaker Mark Mahoney Dean Boyer: Opening remarks Speaker James Liebman; Fatal Distortion: The Chronic Making and Unmaking of Death Penalty Law Markus Dubber: Comment on first panel of speakers Leone S. David Markus Dubber and SUNY Law Professor Charles Ewing Buffalo Law Review by Phot s and Pictoral Speakers Samuel Gross, Michigan Law School, and Susan Bandes, De Paul I Irtiworcitw Pnllono r\i I au/ Conference Assistants �. Gun Licensing, ADVERffiSESflffitfT* March 13, 19^., < .■ :• Rmeo andoM continued from page X '■'■■' '.- .• .- -• ? . -' ■' '? •" 'T ■' •• ■ - 9 by DavldS. Leone amended to add firearms. The court then granted the petitioner an unrestricted license. The Court of Appeals unanimously reversed that ruling, asserting that "[t]o find [as the Third Department had] would nullify the purpose underlying a formal amendment procedure and conflict with the dual aims of Penal Law § 400.00." Those dual aims were identified as regulatory and public safety. The Court further heldthat the "[petitioner's inability to demonstrate a need or much less, any reason — for an unrestricted license, which would permit him to carry several concealed firearms, supports the licensing officer's finding that there was no 'proper cause' to justify an unrestricted carry concealed license." The Court's decision in O'Brien follows a another recent opinion, In Re Matter of O'Connor v. Scarpino. 83 N.Y.2d 919 (1994), where the authority of licensing officers to place restrictions on carry concealed licenses was inferred from "the licensing officers' power to determine the existence of 'proper cause.'" The Court's decision is particularly significant outside of New York City and Long Island, where licenses are subject to renewal and proper cause inquiry - every three or five years, respectively. No such renewal requirement is found in Upstate New York. — - - - Famous though often misinterpreted cases. Wk am 11.Pr '7*"* fflflt • ' j?ver} IPIL / . thousands ofkids bniig'guosttjsclKKi. L FindourlKwtohefceetguns » asotchudK!>. ,^H| -f goo WE PREVENT Fellowships Hall's interests in human rights were at a international level long before she matriculated as a UB law student. She had spent many years in various locations overseas including Egypt, Australia, and southeast Asia where she worked in Thai-Cambodian refugee camps on the border of Thailand and Cambodia. "I had always been kind of in the international scene, but [I] could never clearly articulate what it was that I was doing," she says regarding her desire to attend law school to develop her advocacy skills. Hall admits that the "only reason I came to law school [was] to do humanrights work. I had been doing it before in nonlegal settings, and [I] thought that the best way to do it more effectively was to get a law degree. So, to receive [the W. Bradford Wiley Fellowship] is quite wonderful because it really is the logical outcome of what I always wanted. It [has] really made the law school experience well worth it." W THE OPINION! & Stop by Room 724 or rfro/7 a note in &ar #<t540 /or more in/o I continued from page 7 paid the equivalent of the starting salary, (up to $30,000), ofthe public interest agency their project works through. During the second year, theagency must pay for halfof the Fellow's salary. For the next two years, Werner will work for Florida Rural Legal Services on cases involving migrant farm workers. He came in contact with the Florida agency while working with migrant farm workers in South Carolina on a NAPIL Rural Legal Corp. fellowship last summer. "Because this program was understaffed, Florida Legal Services was very involved and sent people to help with the litigation," Werner recalls. "At the end of the summer, I knew I wanted to go back to the Southeast to continue working with migrant farmer legal issues, and I talked to a Florida Legal Services member about being sponsored and started to lay the groundwork for putting together my proposal," he adds. Like his two classmates, Werner's Dan Werner Dan Werner received the Equal Justice Fellowship from the National Association of Public Interest Law (NAPIL). The organization looks at an applicant's com- decision to enter law school was a means to an end. "I came to law school to do public interest work. I was very clear on that when I came here. Right away, I started getting mitment to public interest work, the work they've done in the past, and the strength of an applicant's proposed project in selecting fellowship recipients. Graduating law students and attorneys alike are eligible for the two-year fellowship. Werner was one of only 10 people this year selected by NAPIL to receive this national fellowship from a pool.of oyer 200 he notes. applicants. The Equal Justice Fellows are JOIN l involved in [public interest] organizations," .. Werner is quick to attribute his success of being awarded a national public interest fellowship to his local surroundings. "Whenever [I've] talked to public interest lawyers and they find out that I go to and the ÜB, they are very impressed Career Development.Qffice has really help me every step-pf JbejW.-ay.", (771 WHY LrJ 1; • BAR/BRI j BECAUSE EXPERIENCE COUNTS Let (he POWER OF EXPERIENCE work for you 1 j A A �NEWS . THEQPINION 10 Local News Vacco speaks at UB Law by Jessica Murphy, News Editor On Friday, March 1, 1996, New York State Attorney General, Dennis C. Vacco presided at a public hearing on juvenile crime held at UB Law School in an effort to combat against school violence and youth victimization. Similar "speak outs" concerning these subjects have already been held in Binghamton, Syracuse, Rochester, White Plains, Long Island, and Albany. Various local community leaders attended to offer their views and suggest solutions to the juvenile justice problem family couTts regularly face. High school students from the area also attended. "Schools should be sanctuaries for learning—not places where youngsters have to fear being attacked or robbed or accosted by drug dealers," said Attorney General Vacco. Speakers included: Assembly Republican Leader Thomas Reynolds; Erie County Sheriff Thomas Higgin; Erie County Sheriff; Erie County Court Judge Janice Rosa; Buffalo Police Commissioner Gil Kerlikowske; Susan Croglio of the National Conference; Andrew Thomas, Director of the Center for Dispute Settlement; Criminal Justice Professor, Roger McNulty of SUCNY Brockport; Niagara Falls School District Superintendent Carmen Granto; local area student Nick Joniga as well as Attorney General Vacco. Concerned members of the community also were present. Bait and shoot restarted by Jessica Murphy, News Editor Amherst is reinstituting its "Bait and Shoot" programthis spring. It was begun last year as an attempt to control the deer population in the Amherst area. Amherst Councilman Michael McGuire explained the program will be implemented by Amherst Police Department Volunteer sharpshooters. The program is "strictly" governed by the rules and regulations of the Department ofEnvironmental Conservation. The baiting and shooting of the deer would occur in the very early morning to ensure that none of the community would be disturbed. McGuire saidthat the venison producedby the "Bait and Shoot" program will be donated to metropolitan Buffalo soup kitchens. Last yeaT, the "Bait and Shoot" program provided over 40,000 mealsfor the homeless in Buffalo. The program reduced themci dentof deer/carcrashes the in Amherst areaby 40% last year. McGuire said,"The main purpose behind this program is to reduce or eliminate the chance of a deer/car collision fatality." Tax return tips by Julie Meyer, Assistant News Editor The April 15 deadline for federal tax returns is rapidly approaching. Your blank 1040 form glares at you as you scramble to find your W2s. Before madly dashing through the form, you should consider the following tips: 1) DOUBLE CHECK YOUR MATH, INCLUDING TOTALS. An incorrect figure will surely delay your refund. 2) MAKE SURE THAT YOURFORMS AND FIGURES MATCH. The IRS generates an automatic letter if it detects any inconsistencies, and forces you prove your figures to them. This delays the processing of your form. 3) DOUBLE CHECK THAT YOU CHOSE THE APPROPRIATE TAX RATE. If you are using the tax tables, you can easily choose a tax rate from the wrong column. You will end up paying the wrong amount of tax. 4) MAKE SURE THAT YOU HAVE "COPY B" OF ALL W2 FORMS. By leaving out a form or by attaching the wrong copy, you delay processing of your return. 5) DOUBLE CHECK THAT YOUR CORRECT SOCIAL SECURITY NUMBER IS ON THE FORM. The IRS will not be able to process your form without the right social security number, as it cannot verify your identity. 6) KEEP A COPY OF THE RETURN FOR YOUR RECORDS. If you are everaudited or need to correspond with the IRS about your return, you will want to be able to refer to your form. Finally, 7) DOUBLE CHECK THAT YOU SIGNED AND DATED YOUR FORM. The IRS will not process your form without your signature. If you are Net-fluent, you can check out a couple of sites to help with filling out your tax return. The IRS has set up a one-stop electronic filing income tax page at: http://www.irs.ustreas.gov/prod/elec_svs/fed_state.html. You can file both your federal and your New York tax returns through the steps outlined onthis page. The advantage to electronicfiling is that the IRS notifies you when they receive your tax forms. Also, refunds can be directly deposited into your savings or checking accounts. This site is also useful for accessing tax regulations and taxpayer help. Another helpful site is: http://www.irs.ustreas.gov/prod/tax_edu/faq/index.html. You can access the IRS' most frequently asked questions about any tax form through this site. So, before you seal that envelope and drop your return in the mail, check it over. Most importantly, as UB Law Professor Ken Joyce says, "Don't leave any lines blank." Youth Court by Sarah Braen, News Reporter People agree that being on trial, especially on a criminal matter, is not a pleasant experience. This is an even more unpleasant and even scary experience for the children brought to trial in Family Court. These children have another option for disposition of their cases. This option is the Erie County Youth Court, held in Orchard Park. Some cases may be removed to this forum with court permission. Youth court is supervised and advised by local attorneys and judges, but it is run by high school students. A senior sits as the judge and other students are the advocates for the children. The case facts are reviewed and, if necessary, compulsory school attendance or community service are assigned. This program always welcomes the assistance of additional advisors. U.S. works to lift embargo The newest rift in theenvironmental movement lies in the amendments to the 1972 Marine Mammal Protection Act, which forbade imports of tuna caught using nets to encircle dolphins. Dolphins swim with tuna in certain parts ofthe Pacific. B~efofeThe~act, as many as 500,000 dolphins were suffocated in the nets each year. In 1995, the number of dolphins killed by tuna fisherman had dropped to 5,000. As Mexico and otherLatin American countries caused the greatest number of dolphins deaths, the U.S. barred tuna imported from those countries which failed to protect dolphins. Since the embargo, Mexico has developed a new method for catching tuna, by encircling the fish and the dolphins with fishing boats, resulting in the dramatic decrease in dolphin deaths. Alaska Senator Ted Stevens has introduced a bill to lift the U.S. embargo in light of the new technique. California Senator Barbara Boxer has introduced a competing bill lifting the sanctions on the Latin countries but maintaining the embargo on vessels that catch tuna via encircling and suffocating dolphins. Sources: Time Magazine and U.S. News and World Report First Lady visits Buffalo by Jessica Murphy, xNews Editor The Buffalo Teachers' Federation awarded, First Lady, Hillary Clinton the 1996 Teacher's Recognition Buffalo Teachers' Federation Award this past Wednesday, March 6 X 1996, at Shea's Theater in Downtown Buffalo. Every teacher in the Buffalo School District was invited to attend, and was given the day off to facilitate attendance as well. School children from all overthearea were there, too. Buffalo Mayor, Anthny Masiello,-Congressman, John LaFalce(NY-D) as well as a host ofother local school and community leaders were in attendance. Mrs. Clinton addressed a capacity crowd, starting her speech with, "I am overwhelmed by this honor...that you choose me." Mrs. Clinton described public school teachers as "...people in the front lines day after day, doing what they [can] to make the future better for our children." Mrs. Clinton explained that public schools are often "a refuge for children" and that schools are often the place where "social problems end up." Mrs. Clinton suggested that less television watching, more open dialog between parents and teachers, more respect for teachers, andmore parental involvement will solve many of the problems public schools face today. Mrs. Clinton firmly stated that the problems and solutions have been identified, but that the implementation is hardest part. Sheadvocated hope, saying that "...the belief in the common enterprise of public education is what made this country so great, because we believed in the capacity of all people no matter...what..." Mrs. Clinton did show a good sense of humor, cracking jokes about the braving the snow, and also making an Anchor Bar/chicken wing*reference. .March 13/1996 Join the Opinion Death Penalty, continued from page 3 will take 20 years to happen. The fastest time for a Northern state to execute a criminal after the passing of death penalty statutes was 14 years; the median time was 19 years. His study concluded that an enormous lag exists between the passing of death penalty law and actual executions. He said, "The New York law in its procedural design and context is probably the worst case you can find in a major American state for producing an actual execution." Remarking on the New York law's constitutional strength,Zimring said, "The statute is brand new, it is enormously complicated, and for capital punishment legislation it creates enormously high minimum standards for potential valid death penalty. It is in essence a law that from a standpoint of potential constitutional challenge is wearing a kick-me , •sign.-~ -..... • THE PHILIP C. JESSUP INTERNATIONAL MOOT COURT BOARD n IS PROUD TO ANNOUNCE THE 1996 FASKEN CAMPBELL GODFREY TEAM: Anne Marie Bevilacqua Deshika Botejue Martin Cortez Theresa Cdsimano Brian Eckman Leanne Gramlich Greg Mattacola Max Raterman Steve Grieco Bridget Niland Ashmali Mckay David Christopher Decker WE ARE ALSO PROUD TO OFFER ASSOCIATE BOARD MEMBERSHIP TO THE FOLLOWING INTRAMURAL COMPETITORS: Jeremy Best Allison dunlop Kelly Fitzgerald Brian Gwitt David Kelly Jeffrey Reese Scott Riordan Vafa Samati �THEOPINION March 13,1996 Money talks, students' concerns walk all the way from Albany, we were both blown off like last Sunday's Buffalo News! From that point on, the tone was set for how the SBA would conduct its business. Almost a year and over $22,000.00 later SBA has not made the right power moves. My suggestion is to do alot more than socializing, and lobby, lobby, lobby!!! Speaking of over $22,000, the Treasurer was not present at the SBA meeting, albeit for a valid reason. However, there is NO EXCUSE for noone else on the SBA Board not to know what's going on with the money. The Treasurer's absence gave yet another clear reason why that role is essential and should have at least one other person intimately involved with the bookkeeping and double checking of all transactions. More than one signature should be required to cut a check. While I was impressed that all student spectators . continued from page 5 stayed for the entire meeting, this was only one meeting; However, it would bring me much joy if the SBA would perhaps not too little but definitely too late. Everyone come to those same allocations and conclusions even if should have come out in the beginning of the year, and there weren't over 60 other students in attendance. My continue throughout the year in an effort to make SBA only suggestion for anyone going before the SBA board is to tape record the entire meeting, especially if you are responsive to ourconcerns. ACCOUNTABILITY is something people always talk about do not hold the SBA as some given any money, because at least problems ofaccountabilexception to thisrule. The entireSBA board needs to be held ity could be kept to a minimum. So, all you fellow law students who are thinking about accountable for everything they do, have done, and should have done. The SBA is your student organization, and you taking an SBA office in years to come, think about these should feel comfortable in going to them with issue(s) to be issues because I intend to ask you about it (and I highly resolved before going elsewhere. doubt that I will be the only one looking for answers). I guess after a while I didkind of feel sorry for those Accountability, startingfrom the top downward, isthe key SBA hoard members who started looking a bit tired and word for any incoming SBA board member for the 1996haggard after several hours, when dealing with business that -97 year. While I was impressed with some people at the should have already been properly dealt with. This meeting meeting, I was disappointed by others. Come on folks, can was very productive, and groups got a fair piece of the pie. we get it together? - SOLAR sponsors film series by Kristin Greeley, Asst. News Editor "Jane: An Abortion Service" is third in the series. It documents an underground abortion service that performed safe, inexpensive abortions prior to the 1973 Roe v. Wade decision. The fourth installment in the series addresses issues of cording to Smith, will be shown on April 16. A second animal rights filmwill be shown the following week. This film addresses marine mammal protection The series runs from March 12through April 30 and films and the Sea Shepherd Conservation Society. The film's will be shown every Tuesday at 7:00p.m. in O'Brian Hall, focus is on illegal whaling and fishing. Room 109 Free soda and popcorn will be "Human Rights in Central America" is ~,,------_. served. the final film in the series. The film deals THERIGHTS MOVEMENT FILM SERIES The scheduled films document a variety o withthe U.S. government's cover-up ofatrociMarch 12... CIVILRIGHTSMOVEMENT social movements in recent history. The firs ties committed against Panamanian citizens March 26... NATIVE AMERICAN RIGHTS films, shown March dealt with 12, two on the during the U.S.'s invasion, and the media's PRO-CHO \FE ABORTIONS April 2... Civil Rights movement. Part ofthe "Eyes on the failure to report them. 9... ENVTRONMENTALPROTECTION/LOGOrNG April these Prize" documentary series, filmsaddressee "SOLAR believes that the animal rights April 16... A topics ranging from the work of Martin Luthe movement is in many ways an extension of April 23... MARINEMAMMALPROTECnON King, Jr. to the Black Panther movement. history' s ongoingrights movements" explains April 30... HUMANRIGHTSINCENTRALAMERICA came to "About 25 people the first film, Smith, "Just as people at one time considered said SOLAR director Rob Smith, 3L. "People Alt films are shown at 7:00 in Room 109 O'Brian Hall. it ridiculous when people called for equal really enjoyed thefilms. I'm hoping it will pick for African Americans and women, omentum." Environmental Protection with respect to the logging indusy people currently do not believe that the animals we The second film night, slated for March 26, shows try. A short video of civil disobedience set to the music of c this planet with are entitled to live out their lives imerican Indian Movement and its leader, Leonard Jane's Addiction will be shown after the movies. out being used and exploited by humans." Peltier. It is believed that Peltier was framed by the F.8.1, A film by People for the Ethical Treatment of Animals and is considered a political prisoner of consciousness by which "documents pointless and cruel head injury experisource: The Spectrum some human rights groups. ments on primates at the University of Pennsylvania," ac- (rights E SBA focuses on pocketbooks continued from page 1 a first-come, first-serve basis. budget has been frozen in order to reimburse the SBA for its Acevedo's second motion stipulated that before the previous financial help to PAD. The Labor and Employment Law Society requested funds in the lecture line be converted to funds for general use, the SBA must hear all group proposals by groups funding for their scholarship fundraiser, a party at the requesting speakers' funding. Lafayette Taproom, a speaker for their Spring Conference The first motion passed, 16-2. The only "no" votes and funds to initiate their employment law project. The were from Craig Hurley-Leslie, 2L Class Director, and request totalled $335. The next topic ofdiscussion was the Annual Students of Sandy Fazili, 3L Class Director. The second motion also passed, 17-0, with one Color Recognition Dinner. The SBA had already allocated $2250 for the dinner. abstention. Black Law Students Association member and Dinner The next order of business was the task of hearing and debating the various student groups' request for Planning committee member Roxanne Williams, 2L, refunding. The first group to be heard was the National Trial quested an additional $1668 to cover the cost of the dinner Team, who needed funds for competing in Houston, and honorarium for a keynote speaker. Williams said that the committee has sought funds Texas. The Association of Women Law Students requested from outside sources. "We have done ample work to make start-up funds of $250. lLs Eileen Duggan and Erin this convenient and affordable for students and any money Barclay are currently reviving the group. we get back from outside sources, we wouldbe willing to pay Thompson suggested that another organization not it back." saidWilliams. be using all of its budget might be willing to give AWLS Another issue was if last year's SBA had agreed to fully some money, because of the SBA's limited funding. 3L fund the dinner. 2L Menelik Alleyne said, "It was my Class Director JoAnne Howlett suggested that PAGAN understanding that whenthese groups wentto the SBA at the might be willing to give some of their unused funding to end oflast year when the budget lines were being allocated, AWLS. that the budgets of these four groups were decreased beThe next order of business was one that was dis- cause the SBA was going to fund this entire dinner." cussed extensively at the previous meeting: Phi Alpha Hamßoussi said, "We have less money. Thirty-one Delta International Law Fraternity's ["PAD"] financial groups asked for money; thirty-one groups did not get what situation. PAD member Harvey Siegel, 3L was present to they wanted...l cannot personally see how we can fund a try to explain the situation. group completely after doing what we've done to everyone As of February 28, PAD had a $859.41 deficit, due else." to outstanding bills from two advertisers in their 1994-95 The next group to request funding was the Symposium for the Environmental Colloquium. "The Environmental directory. Siegel had been in charge of the directory. He Colloquium is a class,"Thompson said, "There is no way we explained that he had been told to go to an SBA meeting should be paying for this." Their proposal was tabled. The Asian American Law Students Association asked last fall to ask for money for the directory, since advertising funds had not been collected. At the meeting, for $650 in order to bring UB Law alumnae Susan Soong Siegel did not have hisrecords with him and believed that here to speak and to host two other local speakers. both outstanding bills were for $450. In fact, only one ad The National Lawyers Guild requested funding for a cost $450, the second cost $65. speaker, Arthur Kinoy. The guild promised him an honorarium; they requested $300. These funds have yet to be collected from the advertisers. At the end of last year, the SBA was supposed to pay Hamßoussi said,"Until thisis resolved, it's going to BPILP $5000, but that never happened. The SBA also be discussed at every meeting." In the meantime, PAD's promised to match funds with BPILP for their summer Public Interest Cooperative [Coop] program with SOLAR, LAELA, DVTF, CIRCLES,andLALSA. BPILP president, 3L Leslie Piatt, said, "We just want to make sure that we have enough money to fund our committments...We're going to be bombarded with applications tomorrow and I'd hate to not be able to give anything." "Our first committment is to BPILP," Hamßoussi said. 2L Class Director Craig Hurley-Leslie moved that the SBA not rely on leftover funds from the various student groups to fund activities for the rest of the semester. "We could end up in the hole," Hurley-Leslie said. The proposed motion passed. Motions were made to combine the capital expenditure and lecture lines into one discretionary fund. The motions passed, giving the SBA $11,023 to allocate to student groups. $921 was immediately deducted from that figure to cover previous allocations. With the allocable money, the SBA fufilled its promise to BPILP ofboth the $5000 it should have received last year and the $2500 for the Coop this year. The SBA gave the Students of Color Recognition Dinner their request of $1378 of funding was approved in order to givethem enough to cover a contract for the dinner and a speaker. AWLS was given $150 in start-up funds, and voted to officially re-recognize the group. The Labor and Employment Law Society was given $145 to pay for the D.J. at their Scholarship Fundraiser. The Colloquium for the Environmental Symposium received nothing. The Asian American Law Students funding proposal was given $130. 2L Flora Chan, AALSA President, said that the group would solicit outside funding. The National Lawyers' Guild was given $175. The SBA was left with $804. Hurley-Leslie moved that the SBA notify student groups of theirfinancial situation and encourage groups to return funds to the SBA that they do not plan on using. The motion passed and the meeting was FINALLY adjourned at 12:24 a.m. The next SBA meeting is scheduled for March 28, 1996. 1 �12 THEOPINION SCHOBLAARR/IIP' HI M P ■ U U n P ■ U D U □ Q H ■ D \\ ADVERTISEMENT March 13,1996 BAR REVIEW ATTENTION 1996 GRADS WE HAVE ALREADY AWARDED MORE THAN $200,000 OF THE $250,000 IN OUR SCHOLARSHIP FUND. DUE TO THIS OVERWHELMING RESPONSE, WE HAVE ALLOCATED EVEN MORE MONEY. WE WILLRE ACCEPTING NEW APPLICATIONS THROUGH ID Q QH H P ■ Q U MARCH 31,1996. H WE WILLRE AWARDING SCHOLARSHIPS IN VARYING AMOUNTS UP TO $500 EACH TOWARD YOUR RAR/RRIRAR REVIEW TUITION. F YOU NEEO NOT RE ENROLLEO TO APPLYI L APPLICATION INFORMATION: Applications may be obtained at P ■ L y P ■ ■ M the BAR/BRI display table, from a BAR/BRI representative or by contacting the BAR/BRI office at (800)472-8899. Q m Q ■ Q Scholarship applications will be reviewed and awards accepted on a first-come first-served basis, until the funds are depleted. ■ M H y n These scholarships will be honored in CT. ME. MA. NH. NJ. NY. PA, Rl. VT. VA and DC y \~ _ y p ■ � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Opinion, 1996-03-13 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. The Opinion no. 9 13.03.1996 Date Issued Date of formal issuance (e.g., publication) of the resource. 3/13/1996 Bibliographic Citation A bibliographic reference for the resource. Recommended practice is to include sufficient bibliographic detail to identify the resource as unambiguously as possible. 36 9 Publisher An entity responsible for making the resource available University of Buffalo State University of New York at Buffalo Law School Language A language of the resource eng Type The nature or genre of the resource Newspapers Text Is Part Of A related resource in which the described resource is physically or logically included. LIB-LAW003 Rights Information about rights held in and over the resource <a href="https://rightsstatements.org/page/CNE/1.0/">COPYRIGHT NOT EVALUATED</a>. The copyright and related rights status of this Item has not been evaluated. Please refer to the organization that has made the Item available for more information. You are free to use this Item in any way that is permitted by the copyright and related rights legislation that applies to your use. This digital collection is made available for research and educational purposes. Researchers are responsible for determining copyright status, and securing permissions for use and publication of any material. Copyright for items in this collection may be held by the creators, their heirs, or assigns. Researchers are required to obtain written permission from copyright holders and the University Archives prior to reproducing or publishing materials, including images and quotations. For inquiries about reproduction requests and permissions, please contact the <a href="http://library.buffalo.edu/archives/">University Archives</a>. If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/ca8ff50a34c86b03238427ac5230674c.pdf aaa7eb11e952fbd81521da3d6bc037ac PDF Text Text NEWS Public Interest Career Symposium. See page 3 tOP\ED Heil Buchanan!'See page 4 Follies and Fumbles. See JI FEATURES Professor Wooten s long road I to Buffalo. See page 7 r page! Bringing the issues to the students since 1949 THE OPINION Volume 36, No. 8 STATE UNIVERSITY OF NEW YORK AT BUFFALO SCHOOL OF LAW February 28, 1996 Keeping the Masses Divided BLSA holds a forum on by Maria Pilaroscia, Reporter In recognition of Black History Month, the Black Law Students Association presented a forum entitled "A Question on Affirmative Action" on Thursday, February 21 at 6pm. lLs Shantelle Hughes, Nicole Fox and Ayoka Tucker opened the forum with a powerful recitation of the poem "Jim Crow, The Sequel" by June Jordan. This poem speaks of African-Americans still seeking equality and economicleverage, despite the Emancipation Proclamation, the Civil War and Constitutional amendments. The Honorable Robert Russell of the Buffalo City Court was the first of five guest panelists. He discussed Adarand Constructors v. Pena. 115 S.Ct. 2097 violating the equal protection clause. The Honorable Jeanette Ogden withthe Buffalo City Court discussed the elimination of the Affirmative Action program at the University of California. Currently, California only considers SAT scoresand grades, not race in itsadmissions decisions. Students affirmative action from high schools in predomitributedthis movement to fear that nantly minority neighborhoods are Affirmative Action allows Afriat a disadvantage as their schools can Americans to take all the jobs, lack the resources of schools in and that African Americans use wealthier districts. social proramsto the deprivation Judge Ogden also spoke about of others. She introduced statisthe California legislature's contics disproving thisfear and showsideration of a proposal to elimi- ing that many other groups benefit nate AffirmativeAction programs from Affirmative Action and soin the state government. She at- cial programs. UB Law team takes first place in regional moot court competition needed as the U.S. becomes competitive globally, and that those benefitting from Affirmative Action must work to ensure the program's continuance. Erie County Legislator, Ms. Crystal Peoples next shared her views on Affirmative Action and Erie County's actions on the issue. Peoples believes that Affirmative Action is a "wedge," meaning an issue used to keep the masses divided. Peoples quoted Frederick Douglass, who said that "[t]he limits of tyrants are proscribed by the endurance of those whom they oppress." Peoples stated that Erie County is committed to Affirma- tive Action, and Dennis Gorski recently reaffirmed this commitment. As a part of this program, Erie County has added another staff member to its Equal Opportunity office, as well as set aside ten percent of its budget for contracts with women and minorityowned businesses. Ms. Shirley Sapp-Burgess, Director of Deputy SpeakerArthur Eve's Buffalo Office, was the final panelist. Sapp-Burgess noted (1995), challenging the constitutionality ofAffirmative Action and its effect on minority-owned business. The Court held that all racial classification must be strictly analyzed by the reviewing court. The Honorable Shirley Troutman, also with the Buffalo City Court, spoke about Miller v. Johnson. 115 S.Ct. 2475 (1995). Georgia residents questioned whether redistricting discriminated against minority voters. The petitioners sought an injunction against the further use of new districts in Congressional elections. The Court found that the district in question separated voters by race, Judge Ogden commented that Affirmative Action is especially that African Americans have brought many things to the table, including developing or improvABOVE: THE WINNERS! Craig Brown, 31. Jennifer ftunfoUt, M, and Jim Grabk, U. See story on page X Other moot court news, see page 6. §1111 See Affirmative Action on page 11 SBA hears about PAD financial troubles SBA unable to reach quorum; Treasurer: "We are running on the minimal" by Kristin Greeley, Asst. News Editor TheSBA held an emergency meeting on Thursday, February 22 to discuss the financial situation of the SBA with regard to student groups. Several class directors were unable to attend, as a result quorum was not met. Withou.t quorum, the SBA would not beable to vote on anyof the student groups' requests for funding. It was decided that another meeting would be held the following week in order to discuss these matters further and vote on them. The date and time of that meeting would be decided over the week- end and posted two days before saidthat the group is investigating the meeting date outside of the the matter. Mercedes Lindao, SBA SBA office. treasurer, and Ben Dwyer asked to be included in the investigation. The first major order ofbusiness was the financial status of "We are telling the advertisPhi Alpha Delta Law Fraternity ers that we are having an audit and International ("PAD"). PAD rerequesting copies of cancelled ceived money from the SBA in checks and other records...l talked order to publish its 1994-95 diwith two of the advertisers today rectory. In return for the loan, andboth ofthem seemed surprised PAD agreed toreimburse the SBA that I was calling," Kocialski said. when it received compensation So far, no allegations of misfrom the directory's advertisers. conduct have been made. HowAs of Feb. 22, the SBA was ever, the 1995-96 PAD directory forced to freeze the PAD budget will not be published. The entire to ensure that the loan made last SBA agreed with President George year was reimbursed because the Hamßoussi's statement to supadvertising fees have notbeen paid. port PAD in whatever the PAD Molly Kocialski, PAD President, investigation uncovers. The next major order ofbusiness discussed was the SBA's own financial situation. There were a lot of discrepancies in this year's SBA budget. "A lot ofitems were underbudgeted and only two were overbudgeted. Basically, we are running on the minimal. The only thing the board has to work with is the $5500 lecture budget," said SBA treasurer Mercedes Lindao. The major error was the allotment for the accounting contract, which was only budgeted at about $10,000. Accounting will in fact cost over $16,000, producing a $6200 deficit. Another money drain isthat student groups do not have to pay for copies made on the SBA's copier, this is more costly thanlast year's SBA antici- pated. Past SBA President Ben Dwyer explained that these discrepancies occurred as a result of the budgeting process. "We overestimated the expected revenues. What happened was that cash sales [funds from bake sales, etc.] were double counted. So the estimated budgets for student groups were larger. There is a lot of money tied up. It seems like there is a crisis because money is tied up, See SBA on page 11 �ADVERTISEMENT THEOPINION 2 no inn/: Follies and Fumbles Greg Mattacola Columnist Dead Elephants can't slow down All right then. This column has been around for some time now. The few people who doread it have come to know what to expect. Sports. Politics. Sarcasm. Futile attempts at humor. It isn't too complicated. I'm now going to switch gears somewhat and discuss a new topic. But first, I have to briefly give the Fumbles and Follies faithfuls their fix. Say that five times fast. DEAD ELEPHANTS. I couldn't write this column without a short commentary on the Republican Primaries. I searched for a way to eloquently summarize itthus far, but could not. Yet, the late, great Jerry Garcia had the right words as always. On the subject of voting, Uncle Jerry once said, "constantly choosing the lesser of two evils is still choosing evil." I can't add anything lietter but I will say this; if the Republican voters are dumb enough to nominate Pat Buchanan, then Bill Clinton will win in a landslide. If it is Bob Dole, Clinton still has a great shot at winning, a much better chance than hisrecord deserves. I truly think Lamar Alexander has the best opportunity to beat the President. I'm not even talking about credentials here, I'm referring to personal- season opener, the game when last year's championship banner was hung. It was an honor for a freshman and Roy's wholefamily was there. After Boston led off with a goal, Travis went out for his first shift. Eleven seconds later, on a routine check, he lost his balance and went head first into the boards. The fourth vertebra was shattered and Roy is now paralyzed from the shoul- ity. Like it or not, it wins elections. Dole doesn't have one. Buchanan borrowed Hitler's. Alexander isn't bad. Give it some thought. SLOWDOWN. Now it's time to take it down a couple of notches. One thing that's apparent about law school is the intensity, even in this liberal haven. Upon asking a student whyhe wasn't going to the ders down. When hisfather came out on the Barrister's Ball, I was told thathe has way to ice, Travis said"Dad, I'm in big trouble. I many things to do and fun just isn't one of can't feel anything. But, I made it." them right now. Anyone that knows me can The second story is about a young woman named Heather. I graduated with guess what I think of that, but for the moment, I will not comment. I will just relay her at St. Bonaventure. I served on student two stories, one of which people may know government with her. We hung out with some ofthe same people and enjoyed a few of, the other I'm sure they don't. Travis Roy is a freshman at Boston beers together on a couple of occasions. I University. He was raised in Maine and like just spoke to an old housemate ofmine who many New Englanders, grew up on hockey. told me that Heather recently died from He was a heavily recruited high school cancer. Apparently, she had been suffering senior and chose to go to BU, last year's from it all through college and it finally National Champion. Roy wanted to conovercame her. I never even knew she had tribute instantly to the team. He went to cancer, nor did most people. This was a college months before he could even live in very bright, energetic girl who was always the dorms, rented a room and never left the smiling. She was involved in everything and weight room. His work paid off. He was was always on top of her school work. She awarded the opportunity of dressing for the was the last person you'd think this would happen to. I know what a cliche that sounds like but it's true. What is my point in telling you about Travis and Heather, two people you probably have never heard of and only one of whom I've met? It's not to say that you should be putting forth any less effort in achieving your goals. Everyone has their studies, their moot courts, their law reviews, their clerk jobs, etc. And we all go a little crazy with these things. I'm as guilty as the next person. Why do we do it? Because we all have our dreams and strive to reach them every day. Yet, we have to ease off once in a while. I'm pretty sure Travis Roy would give anything to hit an- other puck, but he can't. Heather left before she got to realize many of her dreams. Heather and Travis felt the same as you and I do every day. 'I have to do this, then this, and oh yeah I can't forget that. Then I can relax.' Yet that time to relax doesn't ever come. You have to take it. It's okay, the work will still be there. It won't ever go away but the good times just might. So call an oldfriend. Go listen to that band. Whatever. Just ease up and look around once in a while. There's a lot to see. Pieper People Pass!!! /Come and see why . / / everybody's Switching , Over to Pieoei !!' \ iii f I I I better send in my $150 deposit to receive those brand new Textbooks that were just printed!!! \ // } \ Every attorney I've ever met said I must take Pieper to pass the NY Bar \ I / \I \ \ / J Wf"ljNyi Kf/ j \jy J A&l \jf t Dont be left out of the conversation!!! /You passed too? That's greatA j I couldn't have prepared any \ ( >~\ better!!! I'm glad I \switehed to Pieper!!! 4*t GfT) (Of course I passed! Jf- \ ,V J I took PIEPER J couldn't have done VI \\j) [il without them! Find out why everyone's talking about y and switching over to: PIEPER BAR REVIEW!!! THE NY-MULTISTATE BAR REVIEW COURSE CALL 1-800-635-6569 �THE OPINION February 28, 1996 3 Always Darkest Before the Dawn Public interest symposium focuses on job prospects by Steven Bacltmann Dietz, Managing Editor Students 'nterested in public interest law got some needed encouragement at the annual The Public Interest/Public Service Legal Career Symposium at New York University February 15-16. The symposium featured scheduled job,interviews, information tables staffed by public interest organizations and government employers and panels of public interest and government attorneys sharing their experience and giving advice on finding employment. Panelists at the symposium said there are public interest law jobs out there, but you have to be creative and persistent to find them. Some of the panelists emphasized networking. According to Andrew Dwyer, an attorney for Reinhardt & Schachter, New York, N.Y., the public interest bar is a tiny, elite club. "Any jobI've got since I graduated from law school I got because I knew somebody." Dwyer said. Another panelist, Lois Bloom, a 1985 UB Law graduate who works as a clerk in the pro-se office of the U.S. District Court, Southern District of New York, emphasized the importance or letting prospective employers know about the virtues of your law school. "You have to sell your own law school," Bloom said. "I'm very loyal to my law school." Bloom also emphasized thai many public in- terest jobs don't get funding far in advance and there are many public interest jobs, including the one she now has, that aren't well-known. Joseph Hughes an attorney II I I I "It you don t rind anything right away don't be discouraged,' Karen Lin ofLassner & Kubichek, New York, N.Y. She said that it you can't find public interest work right away, you should take a job that will help hone your litigation "You have to sell your own law school" -Lois Bloom, ÜBLaw,'Bs for Michigan Migrant Legal Services, another alumnus of UB Law School, recommended students take any public interest courses available. He saidthat if you have the right credentials a job may be created. Healso said that fluency in a foreign language is also very valuable. "Sixty percent of my clients speak only Spanish," Hughes said. Other panelists stressed the importance oftaking clinics. They also stressed the importance of persistence. Vssistant Dean or Career Devho attended he conference ;aid that stu- lents looking or such jobs ihould not get Jiscouraged if hey get no job have had to become creative in finding sources for funding, Stevens said. She said that many legal service agencies are creating separate units that get funded independently of LSC. One potential answer to this dilemma was explored on a panel on private employment. "Privatization is the wave of the future," said Edward Kramer, the founder ofHousing Advocates, Inc. of Cleveland, Ohio. Hespoke of his interest in doing public interest housing law while a law student. The problem was there was no public interest law firm in Cleveland at the time. Undaunted, he founded a Law and Housing Journal at the Law school, joined the ABA and networked. offers. "It's because ofthe job mar- After graduation, he founded Housing Advocates, Inc. Soon he also founded Kramer & Associates, (now Kramer & Niermann, LPA) a civil rights litigation firm. Sensing a need for affordable videotaping of depositions, he founded Attorneys Services, Inc. With the House and Senate Describing the opportunities at a privately owned public interRepublican budget plans threatening to phase out funding for the est firm, Kramer said that the atLegal Services Corporation, torney will work hard, but he will (LSC), which provides thefunding make a decent living. for offices that assist low-income Another attorney who people nationwide, these offices founded a privately owned public ket," she said. "It's not a reflection ofthemselves. I can only say'hang in there'" "This is the toughest moment for public interest law in 27 years," JaneGreengold Stevens ofBrooklyn Legal Services said. News Briefs Criminal Law Society holds Ist meeting criminallaw at ÜB. Two weeksago, thefir s>l meeting oftheCriminalLa* Society was held, and (he group promises to be the first of many outfefe for students interested in Ute meeting, which brought a modest tursotit, was a forudJ for discussion ofthe group'sfuture and goals. Among the items ofinterest were having speakers come to VB o» & regular basis to discuss recent Issues in the field, » v&riefy of summer internship ideas, aud lobbying for an expansion ofthe criminal law cutricahim. The The Crimina! Law Society is already active, hiiuging Supreme Court Judge Barbara Howt to >juak alK.ut alternatives to incarceraJion yesterday in Room 109 Fire in the Dorm On Sunday, February 25. there was a fee in Cl.ii where hail about 30 law students live. At about 6 a.m., ah: advisor Cera Ozer's room was set on fire. Ozcr cxtinguis Students were evacuated for about a half hour. Mike Plochocki. 21.. who lives below Cteer, was awakenei! .it advisor, Wilfred Anigekwn, and smoke. "This is the first' fire drill' in my life where I was really interest firm, Frank Handleman, said that he was very excitedabout the law students he sees seeking public interest work. They have the potential to take public interest law way beyond the level it is now, he said. He reflected on his own training at NYU Law School in the early 1970s and the lesson the dean told him. "Law is a service profession," Handleman said. Participants from UB Law were enthusiastic about the conference. "It was a great thing for people to," Ed Elder, 3L, said. He praised the symposium for the opportunity to talk to people in the public interest field and speaking to employers from across the country. "The panels were quite good," Scan Shannon, 2L, said. "There are jobs out there you just have to go look for them." Shannon attended the symposium on the behalf of the Career Development to go office. Koscielniak said the participation from UB Law students in this year's symposium was very strong. She said that they were a very impressive group of candidates. Trial Technique Team Wins Regionals by Kristin Greeley, Asst. News Editor UB Law's trial technique team of 3L Jim Grable, 3L Craig Brown, and 3L Jennifer Runfola placed first out of 22 teams at the regionals ofthe National Trial Competition. The four-day competiton was held February 6 -10 in Albany. All three students took Trial Technique last semester. Any studentwhoearned an "H" in the class was eligible to try out for the team. Seven students from UB went to the regionals. Their coaches were Assistant District Attorneys Diane LaValle and Tim Fronczak and defense attorney Bob Murphy. "The coaches were great...The time they put inwas unbelievable. They taught us so much, " said Jim Grable. The team worked with the coaches about three hours a day and an additional three hours on their own throughout exams and January. The competition required the participants to have mock trials from start to finish. Each team was guaranteed three preliminary trials. The winners then moved on to the quarterfinals, semifinals and fi- nals. Craig Brown, who won all five of his trials, was named Outstanding Advocate of the Competition. "He's a machine," Grable said. Brown and Runfola beat Brooklyn Law School in the finals to win the title. The team goes to Houston on March 20-24 for the national competition. They wil be competing against 15 other terns from the eight regions around the country. "It'sbeen a blast. I've learned as much doing this as I have in class," said Grable. scared," Plochocki said. murder Michael Robinson 11 was acquitted February 14 ot murdering Buffalo Slate college student Wendy Kashuba, The iui> deliberated fur 65 minutes before coming to v verdict. AUei Uk verdict, Robinson thanked the jury for believing in him. Prosecutors claimed at the trial that Robinson had murdered Kasbuba, then enlisted former Buffalo drug dealer and bank robber Kurt Bogardus to help him bury the body, Bogardus testified at the trial under grant of immunity. Bogardus had kd police to the body. Robinson testified that Bogardus broke into his apartment in a rage, looking lor one of Robinson's relatives and struck Kashuba, killing her. Bogardus then threatened to kill him and his sister if he talked to police. Bogardus won't be charged with the killing because he was granted immunity. District Attorney Ke\ in Dillon also said there was no evidence that Bogardus had killed Kashuba aside from Robinson's .story. Relatives of Kashuba wept after the verdict,■• ■■;) '.■ ". "\ \ "1 feel that the truth doesn't set you free," Sheryl Kashuba, a cousin said. "Money does." ■ fil irJ \A - 1 WHY BAR/BRI BECAUSE EXPERIENCE COUNTS TM Let the POWER OF EXPERIENCE work for you �EDITORIAL THEOPINION 4 ga _ OPINION . Founded 1949 q «Xi l 36, No. 8 Volume \/ Samuel S.Chi Editor-in-Chief February 28, 1996 . 28, inn 1996 February ~_ Steven Bachmann Dietz Managing Editor EDITORIAL: Heil Buchanan! The Buchanan phenomenon has upended the pundits' expectations about the kind of convention we can expect from the Republicans. The coronation of Bob Dole has, at least for the time being, been put on hold. There is talk now ofan open convention, multiple ballots andreal suspense, not like we have seen since the 19505. Pat Buchanan' s candidacy has also changed the issues being discussed by the candidates. Suddenly, the candidates are not competing with each other to devise a tax code that will drain the most money possible from the national treasury. Dole was shocked -- shocked to find that average Americans were worried about corporate downsizing and the state of the economy. Whatever one thinks offree trade, it is good to find a candidate willing to challenge economic orthodoxy on this matter. After all, Japan has built a mighty economic engine using economic nationalism as a model. The benefits of NAFTA have been elusive so far. Buffalo is still waiting for the import/export jobs that were promised as a result of the free trade agreement with Canada. Our trade policy should not be somethingbeyond discussion. Even if Buchanan is totally wrong about the benefits of economic nationalism, the fact remains that millions of Americans were opposed to NAFTA and GATT. Until Buchanan came along even the Democrats had fallen silent on the consequences of corporate greed, another issue many ordinary voters find compelling. It would not be healthy for those millions to be without a voice anytime during the election process. Unfortunately, there is more to Pat Buchanan than his economic message. The wall thathe wants to buildaround this country would not only protect our industries, but keep immigrants out. If immigration was the problem, then we would be a pauper nation rather than one of the richest on earth. We are a nation of immigrants, and even today they helpkeep our economic enginesrunning. Then there is a question of the company he keeps. Larry Pratt, the cochairman of his campaign was forced to resign when the Center for Public Integrity released a report alleging he had appeared at numerous pro-gun rallies with leaders from the Aryan Nations, the Ku Klux Klan and the United States Militia Organization. This is not reassuring, when Buchanan's past inflammatory rhetoric about blacks, Israel and homosexuals is taken into account. Pat Buchanan is an intelligent man. How many other presidential candidates have quoted T.S. Eliot on the stump? But not every intelligent man has the judgmentand character to be President of the United States. Mike Chase LenOpanashuk Ihe Opinion is a non-prolit. independent, student-owned and run publication lunded hy the SUA from student law lees. The Opinion SI.'NYAt Kullalo Amhcrst Campus, 724 John Lord O'Hrian Hall. Bullalo. New York 142W1 Old) M5-2147. The Opinion is published every two weeks during the lall and Spring semesters. It is the student newspaper ol the Si.iie UiuviTsily ol New Ynrk at Mullalo School ol I,aw. Copyright 19'X> hy The O/riniim. SNA. Any reproduction nl materials herein is strictly prohibited without the- express consent 1)1 the Lditors. Suhmi-.sinn deadlines tor letters to the editor and Perspectives are 5 p.m. on the Friday preceding publication. Advertising deadlines are f> pm on'the I riday preceding publication. Submissions may eilher he sent to Ihi- fljttnii/n at the abovenoted address, dropped oil under The (/pinion ollicc door (room 724 O Brian Hall/, or placed in [leu *M(ion the thirdliooi ol O'Hrian Hall. All copy must he lyped. douhledspaced and submilted on paper and on a computer disk fMJM-WordlVrleet 5.1) Letters are best when written as a part llMltiglK :intl must he no more than two p.iges double-spaced Perspectives are generally opinion articles concerning pie- o| !•< ihe law school community and must he no more than lour pages douhle-spaced. The Opinion reads preLi>'e- every letter iin'l I'er spectiv c v.i. receive we reserve the right to edit any anil all submissions lor space as r..._.ntent /hr Opinion w ill not puhlish unsigned submissions. We will return your disks ■.: ■'. I- |nr lihcl a private mailNix it a scll'-addrussud slumped envelope is provided jr campus mail)* i // t//antral i ; lloaled l provide n I'irum l'»r Ihu Ircc exchange nl ideas As a result, the views expressed in this I !■ i i S:,!! ol lh<- Opinum : * . : : "f'fmgrr\> \hall mulct n<</«» uhridnitiK the/reediim of speech, itr Tell us your opinion! If you have an opinion on anything published in our newspaper or on any current topic »hat concerns the law school community, write The Opinion. Letters to the editor are best when written as a part of a dialogue and must not be longer than two pages double-spaced. Perspectives are generally opinion articles concerning topics of interest to the law school community and must dot be longer than four pages double-spaced. All submissions arc due the Friday before we publish Your submission must he typed, doubted-spaced, and submitted on papet and on a computer disk (IBMWordPerfect 5.1 format). The Opinion reserves the right to edit any and all submissions for space a* necessary and also for libelous content, we will not publish any unsigned submissions, Send your submissions to The Opinion office or place them in box 640 events To the Editor: I wanted to thank you for print- lawyer. Photo: John Gasper. Senior editors: Evan BaranolT Computer consultant: Peter Beadle : Graphic were, whatever theircircumstances. I believe he would have been a fine David Leone Assistanl editors: Features: David Fitch, Dan Killelea; News: Julie Meyer, Krislen Greeley : Lenby ing Craig Hurley-Leslie's essay about my husband, Chris Dubrule. Chris was truly a wonderful individual; he was a compassionate person with an abiding interest in justice. He valued people for who they STAFF Business Manager: Deshikaßotejue News Editor: Jessica Murphy Features Editor: Photography Editor: Art Director: Opanshuk o/Ihe prew;..." ■- The lirsi Amendment I also wanted to thank everyone at UB Law for their kindness and concern during this difficult time. The outpouring of support has been invaluable to me as well as Chris' family. Although I appreciate the SBA's generosity in offering to help me with expenses, I really do not need such financial support. Rather, I would preferthat any donations be used to build a scholarship fund as mentioned in the editor's note. Again, thank you for your support and concern. Mary Prendergast-Dubrule To the Editor: Last semester, a number of books were taken from a box sitting in front of Room 8 in the basement. These books were related to topics involving Religion andLaw. Because the books were sitting in the hallway, it is possible for someone to have mistaken them as being intended to be thrown out. Please understand that this was not the case. Those books are very important to me. If anyone has any information regarding wherethese books might be, please contact me at 834-9398 or in box #99 at the law school. I am not looking to get anyone in trouble, I would just like my books back. Thank you. Sincerely, Mike Grainger, 2L �February 28. 19% tHbUPIINIUIN 5 Perspective Rob Smith, SOLAR's Wildlife Director Wildlife wins one consume. The Environmental Protection Agency's (EPA) report on Avitrol identifies it as a highly toxic poison and classifies it as a restricted-use pesticide, not available to the general public. Birds that eat the poisoned food go into convulsions and normally die a slow and excruciatingly painful death. The use of Avitrol by the University in the past not only placed the health of the After more than a year of extensive research, lobbying, and coalition building, Students Of Law for Animal Rights (SO- LAR) has successfully convinced the State University of New York at Buffalo to adopt a Campus Wildlife Protection Policy. This is a huge victory for the student body, campus wildlife, and the environment. SOLAR's effort to protect campus pigeons and other wildlife gained the support of 21 campus organizations and 3 community organiza- tions including the Undergraduate Student Association, Student Bar Association, Animal Defense League, and National Lawyers Guild. In the Summer of 1995, the University Administrative Group officially enacted the Campus Wildlife Protection Policy written by SOLAR, after the policy received a unanimous endorsement from the University's Environmental Task Force. For several years prior to SOLAR's campaign to compel the enactment of a Campus Wildlife Protection Policy, the University community and environment at risk, but also posed a deadly threat to several species of protected hawks and migratory songbirds known to frequent the University area. In the event that a bird or other wildlife over-population problem ever exists on campus, there are numerous non-lethal and chemical-free alternatives that are both more effective and less costly than dangerous chemicals and pesticides. SOLAR is currently concerned that the Wildlife Protection Policy may have been or could easily be violated, since the University contracted an exterminator to place Avitrol, a deadly nerve-system poison, in food left on rooftops for birds to University staff that deals with wildlife issues are completely unaware of the policy. After recent conversations with Dick Spring 1996 j Issue #: Submission Deadline: issue Out: !Nα 8 Feb. 23 (Fri.) Feb. 28 (Wed.) j No. 9 Mar. 8 (Fri.) Mar. 13 (Wed.) I No. 10 Mar. 29 (Fri.) Apr, 3 (Wed.) Apr. 12 (Fri.) Apr. 17 (Wed.) Apr. 26 (Fri:) May 1 (Wed.) J No. 12 .■■■■■:■■■■::.. :■:■ . ■ ■.■■■.■■ .■..■■. ■■■;■■■; ■. ■ :: . capture and kill any birds they find." Whether this inhumane and flagrant viola- versity has failed to adequately inform its staff, particularly those that deal with wildlife issues, of this important official policy. SOLAR's primary concern at this point does not use or lethal means of control in any pesticides contravention of this recent policy or attempt to alter the policy without providing for participation and input from students and campus organizations as is required by the policy. SOLAR is sending letters requesting that the University staff be made is to ensure that the University aware of the policy immediately. ■ ■ Buchanan received 56,923 votes (27%); Dole received 54,814 votes (26%); Lamar Alexander received 47,214 votes (23%); Steve Forbes received 25,489 votes (12%); Sen. Richard Lugar received 10,743 votes (5%) and Alan Keyes received 5,531 votes (3%) Delaware also held a primary Feb. 24. Voters there awarded the victory to Steve Forbes, was one of only two Presidential candidates to visitthe state. The other candidate, Keyes, also had a stronger showing there than in New Hampshire. Forbes received 33 percent of the vote, Dole 27 percent, Buchanan 19 percent, Alexander 13 percent, Keyes 5 percent and Lugar 2 percent. Sources: The Buffalo News and New York Times . The Opinion is the official newspaper of the University I atNote: Buffalo School of Law and publishes twice a month during the Fall and Spring semesters. Deadlines are firm and late submissions are Subject to the publishing discretion of the i Editorial Board of The M ,„,..„,„ Opinion. ■ life Director, I have sent information and research to Custodial Services on safe and effective methods of deterring birds from roosting. A credible University staff member also informed SOLAR that s/he has been told on several occasions that when some University electricians work on rooftop air conditioning units, "They take nets and will After an inquiry to University Facilities and the University 'sEnvironmentalTask Foice, SOLAR was informed that the Campus Wildlife Protection Policy was distributed to the six Directors of University Facilities Departments. Although SOLAR has been assured that the policy is being enforced, it seems apparent that the Uni- Conservative commentator Pat Buchanan narrowly won the New Hampshire Primary Feb. 21, beginning what some commentators are calling a war for the control of the Republican Party. Buchanan, who has been combining populist attacks on big business and free trade with social conservatism, says he seeks to open the party to blue collar votes. However, critics accused him of flirting with racism, anti-Semitism and homophobia. Sen. Majority Leader Bob Dole, who ran second, said the primary had cast the GOP contest as "a race between the mainstream and the extreme." Lamar Alexander finished a close third, running strongly among party moderates. Alexander challenged Dole to step aside and let him and Buchanan debate the future of the party. PUBLICATION SCHEDULE (Revised 2/23) Volume No. #36 : No. 11 dent Greiner'sand other boxes at the new Amherst Campus stadium. Although both individuals stated that they were personally opposed to the use of lethal control methods, these are precisely the staff members that University officials should have informed of the policy. As SOLAR's Wild- tion of the policy is ongoing is not known, yet it is doubtful that University electricians were ever informed of the policy. Buchanan mucking up Republican Party - THE OPINION Cudeck and Bill Murray from Academic Custodial Services, SOLAR was shocked to discover that one individual only knew that birds could not be killed and the other was completely unaware of the existence of the official policy. Both Mr. Cudeck and Mr. Murray are currently looking into deterring pigeons from perching near Presi- why \ql I—l BAR/BRI I • I BECAUSE EXPERIENCE COUNTS Ul the POWER OF BXPERIENCE"work for you �M O Defeat snatched from the jaws of victory by Jessica Murphy, News Editor The New York Law School hosted the Atlantic Regional Competition of the 1996 Philip C. Jessup International Law Moot Court competition, on February 9-11, 1996. The UB Law ties, but succeeded nevertheless. The team members were: Marianne Pansa 2L, William McDonald 2L, Eric Dawson 3L, and Michael Plochocki 2L. The team was undefeated, advancing to semi-final competition which included a win over the Harvard Law team. In semi-finals, the UB Law team succumbed to the Columbia Law team, the ultimate winners of the tournament. 2L team member, Michael Plochocki, explained that two big mis- P takes occurred. "An updated fact pattern never reached the UB law team preliminary rounds, as opposed to their rightful rank of second place. UB was prior to competition, although every denied the option to choose which other team received this information. side ofthe case to argue, and as aresult And, when the problem was brought to had to compete against the first place attention of tournament coordinators, team...Despite the odds, UB nearly at first they were very sympathetic to upset the tournament winners, Columus, but then they abruptly changed their minds, and verbally attacked us, and told us [the UB team] it was our fault. The reason being was thatthe UB team should have contacted the national office aboutany changes, but every other team, whether they contacted the national office or not, had received the updates. In the past, UB has also received the courtesy ofsuch updating." Plochoki further said, "Also, the UB Law team was treated as a fourth place competitor at the end of the by Jessica Murphy, News Editor This past weekend, February 22-996, the Desmond Moot Court d hosted the 1996Albert R. Mugel National Tax competition. Sixteen teams competed, representing eleven schools, ÜB, Ohio State, Southern Methodist University, University of Toledo College of Law, University of Missouri—Kansas City, University of Baltimore, University of Detroit Mercy Law School, Rutgers—Camden School of Law, Detroit College of Law at Michigan State University, St. John's University School ofLaw, and the Salmon P. Chase College of Law. UB Law 3L's Scan Kennedy and John Crowe won first place. 3L Mesheba Rourkealso helped write the brief the team submitted. Their brief took first place overall. The final day. Soctal gatherings for the competitors were held at the Calumet Cafe and House of Quinn on Chippewa Street. The competition banquet was held at the Radisson Suite Hotel. 3L David Hastings was Tourna- Scan Kennedy, 3L with the results, this was a testament to the strength of the tax program a ÜB. We have strong teaching staff at ÜB, and our finish dem onstrates what a solid background UB students and grads have. Our having access to teachers ofthis caliber show how well prepared we were to argu The UB Law team brief placed fourth overall in a field of twelve, and the team itself placed within the top four spots of the tournament. Peter Beadle, 3L and Executive Director of Jessup Board, "I'm very proud of our team. There were some problems in the administration of the tournament which our team was unable to overcome, and go undefeated in the preliminary rounds. This was Plochocki said, "Had these mistakes not occurred, we [all members of theregional team] believe we would have had a reasonable shot at beating Columbia for the topspot. Given all of our hardships, we are still very proud of our accomplishments. In the preliminary rounds, we were ranked second because we were one of only two teams to be undefeated entering semifinal competition. The other undefeated team was Columbia." complex tax issues. The final round judgeswere: UB Law Professor Albert R. Mugel (Professor Mugel had to recuse himself), Hon. Leslie G. District Court Magistrate Feldman--U.S. Magistrate Mesheba Rourk, 3L Tarn m i c Schultz, local practitioner, Kenneth Payment, a Rochester Ta Attorney, John Steele IRS Distric Counsel, and Hon. John Pajack, U.S Tax Courtfrom Washington DC. We'c like to thank all of the judges from th legal community, especially Profes- sor James Wooten, who deserves a special thanks for his overall saving the day for us in many ways." This competition is named for a current UB law professor, Albert Mugel, who specializes in tax. He teaches a class, and is highly respected in the tax field. Hastings said, "It was though his participation that we had access to thecaliber of judgesranging from local practitioners to a US tax court judge from Washington, DC." Jen Lyons, 3L, served as Assistant Tournament Director. Tournament Hospitality Co-Chair, 2L Melissa Hancock said, "The tournament came together well. All board members contributed admirably despite contending with heavy academic and outside work loads." tween UB Law Jessup hosts regional competition team. John Crowe, 3L other team was comprised of Mich c 1 c Owdienko, and Craig Brown. Competitors argued at City Court in downtownBuffalo on Thursday and Friday, and at County Court on Satur- Jessup Teams to go on road trip "It's been over twenty years since wesentateamtotheNiagaraCup, Our return this year marks the beginning of a new Jessup tradition. " said Peter Beadle. E Plochocki ranked ninth best oralist. bia University." Hon. Johnathon School of Law G years." Two UB team members were named in the Tournament's top ten oralists. William McDonald ranked eighth best oralist, and Michael Desmond Moot Court Board hosts Mugel Competition and the Chase A our best showing at a Regional in three UB team sweeps national tournament I T February 28,1996 Jessup team faces obstacles team ran into some technical difficul- O NEWS THEOPINION 6 The Niagara Cup tournament will be held March 1-3, 1996, at Case Western Reserve University School of Law in Cleveland, Ohio. The tournament focuses on legal disputes between the U.S. and Canada. This year, the dispute revolves around salmon fishing rights between Washington State and British Columbia. The UB Law team will be represented by 2Ls Kathryn Lee, Daniela Almeida-Quigg, Gilardo Michel Garcia, and Mary Raymond. (The ABOVE: VB Law Jessup team members Prudent Fmg, 2L, Scott Philbin, 2L, PeterBeadle, 3L, Kathryn Lee, 2L, and Kristine Karte. 21. Jessup Moot Court Board hosted the North East Regional Competition ot 1996 Philip C, 3essupTourname.ru the weekend of February 16 - 18. 1996. The competition rounds were held at the Old County Hall in downtown Buffalo. Two person teams; represented Fordham, Cornell, Albany, Syracuse, Pace. New England School of Law. Due to a team drop, Pace Law actually had one competitor, 3L Gina Valeri, who successfully advocated all of the components traditionally argued by Oie two person teams throughout the preliminary rounds. With her valiant effort, Valeri saved Pace from a two year penalty which would have prevented the school from competing in any International Moot Court Tournament for the next two years. The team which eventually took tht tournament was Fordham University. �FEATURES February 28, 1996 THEOPINION 7 Making that transition of experiences to bear at UB Law New professor brings a variety hy David Fitch, Asst. Features Editor Despite growing up in the hot climate of northeast Texas, the cold, weather of the North is nothing new to Professor James Wooten, one of two Fall 1995 additions to the law school's faculty. wet After finishing his undergraduate work at Rice University in Houston, Professor Wooten settled at the University of Chicago for graduate work in anthropology. "A really intense place," he remembers with a laugh. After a few years in the program, Professor Wooten decided to follow in the footsteps of some grad school friends and concluded his studies to become a paralegal at a local law firm. In just overa year, he had decidedto go on to law school and was subsequently accepted at Yale in an American Stud- ies PhD/JD joint degree program. "I liked learning... Yale was a nice place [and I] was happy to be there," he says regarding his return to school. Upon completing his JD and a couple ofyears of work on his American Studies doctorate, Professor Wooten took a job in the early 1990s with a Washington, D.C. law firm. While concentrating in labor, pension/ employee benefits, andbankruptcy law, he found he enjoyed practicing the law. However, after just a year as an associate, a hard-to-resist opportunity to return to academic life presented got into the legislation as a political opposed to a little narrower vision," he adds. Professor Wooten moved to Buf- itselt. With a fellowship to complete his dissertation for his doctorate, Professor Wooten returned to Yale. "All other things being equal, it would have been nice to have spent a few more years [practicing] because it was a great firm and I learned a tremendous amount." Once back in New Haven, it didn'ttake long Professor before matter as falo last summer and taught Employee Benefit Law during the fall semester. He is currently teaching Bankruptcy and a seminar involving the "politics of legislative innovation" entitled Where Do Laws Come From?. And how does he like being a professor of law thus far? "It's hard to start anything new. [Especially to] go from sitting around in front of a computer all day to standing in front of 65 Wooten was contemplating yet another move. In 1994, he applied to law schools around the country for a teachingposition. "I had taught English Literature a few summers at Houston Community College andT.A.'dat the Professor James Wooten of University Chicago and Yale," he says looking back on his offered one of the new professor to go into teaching. "Teachpositions later that spring. He says s what I liked to do." that he "wasreally excited to have an Despite never having been hert opportunity to come [here] because before, the University at Buffalo was I do mostly political history high on Professor Wooten's list. "1 scholarship, and a lot of places want had read [Professor] Frank Munger's something that's more traditionally law looking. [and Professor] Jim Atleson's work and I knew Professor Finley, who hac "[The University at Buffalo] is a actually taught me Torts at Yale." place I could come and I didn't have to explain that 1 think it's really imAfter interviewing here in Januportant that [a certain] provision .. . Ksion . .. Law as a Means, Not an End The CDO can help with a career outside of law by Scan Shannon, Special to the Opinion EStop for a minuteand think. What you really want to do with your life after law school? Don't worry, you need not respond with a quick justification or affirmation of your existence or career choice. Rather pause for a moment. Give the serious question If you want to walk the in steps of the great jurists and practice law, kudos to you. The law is a noble profession and UB graduates are highly respected. However, if FEATURES about law as your goal (and many law students fall into this category) that's fine, too. Some consider thoughtful ina weakness, but this case, it is a ength. not into practicing law and you believe there is something else for you to spend the rest of your life doing. The legal newspapers are filled with articles about unhappy lawyers tired of worryingabout billable hours andstruggling to become partner. Like any stressful profession, there are major quality of life issues which lawyers and prospective lawyers must face. Choosing a career is not an abstract question, it is a life decision. As a result, while as- sured, however, you have not wasted a minute by being in law Scan Shannon, 2L school. The intellectual skills you are developing in Jumping into law as a career is law scnool are transferable to many t something to be done lightly. Some fields and, contrary to popular belief, the doubts law students have are the law graduates are highly respected for lsonable jitters a novice feels when these skills. Also, there is no other tering an established profession. degree that confers "professional" staMost of us are no more than babes in tus on a graduate in as short a time. the woods when it comes to being a After three years ofhard work (or notlawyer. However, for some law stuso-hard) and the bar exam (if you wish), dents, the doubts about practicing law you will have entered the pantheon of after graduation are much stronger. American professionals as a lawyer, Just like being a doctor, being a with all the commensurate awe (or lawyer is not for everyone. It's not that disdain) that comes with the title "Esyou can't do it, but maybe your soul is Icison So, what can you do if you choose anything. What you need to do is think about what you want to do. Personal reflection and honest (critical) evaluation of your strengths and weakness, desires, and needs can be the best guide for what career you should pursue. Step back from the law school race and think about what is important. The careers open to you as a law graduate include positions in business, inside... Moot Column not to be a lawyer? Almost The Docket education and government. But do not See Law as a Means on page 8 some people enjoy practicing law, others do not. Be people trying to explain somethipg," he says with a smile. He's quick to add that UB has "been a great place to make that transition. People have helped me in any way they could. The students have been great about volunteering suggestions and that has been really helpful." Although thefuture is never set in stone, Professor Wooten doesn't see himself doing anything else soon. He is in the final stages of completing his dissertation and will then settle solely into therole of professor. "I plan on doing this for a long time." o\ WHY BAR/BRI A i 'I BECAUSE EXPERIENCE COUNTS Let the POWER OF EXPERIENCEwork for you �FEATURES THEOPINION 8 Entertainment and Sports Law Journal Coming Together />>' February 28, 1996 Moot Column by Dan Killelea, Asst. Features Editor Mike Chase, Features Editor Law students in the Entertainment and Sports Law Society (ESLS) are working hard to add another journal to the UB Law community. An Entertainment and Sports Law Journalis in the works and is already looking for a publisher. "We're starting with nothing, but we've got high standards. We intend that someday, we'll be regarded as highly as University of Miami's," says Raymond Caso, 2L. The University of Miami has what is considered by most the finest suchjournal in the nation. "It's considered an authority by practitioners." Caso and ESLS President Andrew Freedman, 3L, are working together to get the first issue out as soon as possible. "We're aiming for the end of this semester," adds Caso. They already have one article, about racism in the NCAA, ready to publish, and are soliciting another dealing with domestic violence and sports. * TheESLSisholdingafundraisertodayandThursday. They'll be selling University at Buffalo School of Law T-shirts on the first floor of O'Brian. According to Caso, "they're a lot better looking thanthe ones at the book store!" Caso also plans to make a request for funds from the SBA. If you are interested in participating on the new journal, stop by Room 8, or submit a letter of intent to box #641. W ■ ■ ft L JOIN "There is an evil which has been done to us; a most horrible evil, and one which cannot go unanswered." I have no idea who said it, or why (or for that matter whether it was ever even said). But it fits right in with what I have to say. Sort of. We who are second and third years may remember a weekend back in August of 1994 when a new life wasbrought into the world ofFM radio. It was born at 101.1 megahertz and for an entire weekend we heard nothing but the music of U2. A good way to start, if a bit redundant. We may remember with disdain the irritation of repeatedly hearing songs cut off before they were done, and not hearing the same songs' names. Nor hearing anything BUT the songs- the idea ofmusic withoutirritating D Jbanter was a good one, but it would've been nice to find out a little something about these as-yet-unknown "New Music" tunes. The silence ended, of course, withthe nauseating blatherof Cary (or was it Kerry?) Gray. But even THE ■ OPINION! I Stop by Room 724 or drop a note in box /or more /w/o A Call to Arms THATwasn't entirely bad, because by then they hadalmost gotten the hang ofplaying out songs in their entirety, and there seemed to be a growing "humanity" to what we heard over theairwaves. That humanity is gone, my friends. And in its place has come the very antithesis ofhuman existence— DISCO. It started out slowly, perhaps to accomodate the inevitable de- nial listeners would go through. We still heard good music before spm, and that was enough to keep us listening in the hopes that what was on at night was some sort of an aberration. Sadly enough, it was not. For at the start of this VERY week, on Monday morning, it was revealed that the fight (if there ever was one) was lost. The voice on the air actually identifiedthe station with the tagline "Dance Music 24 Hours a Day!" "What can we do?" you may be asking yourselves. "A radio station has the freedom to choose whatever format it wishes, doesn't it?" Fortunately, what the radio station wants isn't an issue. Let's remember, we're going to be law- yers— it's our right (Nay— our DUTY) to impose our own will onto others. And that's where the law comes in. Those of you who read the last issue of the Opinion know wellwhatthe power ofthe law can do when someone actually has the nerve to decide not to marry you. So now I'm calling on you- each and every one of you now reading these words- to find a way we can stop the evil that's been doneto us courtesy of FM 101.1. What THEY want shouldn't matter. Nor should the fact that they broadcast from another sovereign nation. What matters is that they did something we don't like, and as larval lawyers we should do some- thing about it. Maybe there's an implied contract, or a warranty here— at the very least there's in- tentional infliction of emotional distress (and I think it safe to say that Disco music per se creates emotional distress). There must be something we can do- so hit the library, hit the Westlaw terminals, hit back issues of People Magazine. With all of you to help, I don't see how we can be stopped. UUAB FILMS m M Wednesday, February 28 th: 6:30 pm 9:00 pm Faraway, So Close Seven Thursday, February 29th Law as a Means, continued from page 8 limit yourself to these settings or existing roles. The world is changing and there are sure to be new opportunities for someone with your training. At the Career Development Office our resources and advice are not limited to law placement. If you are considering an area outside the law we have resources which can aid you in your search. The staffis more than willing to assist in whatever capacity possible. In the month of April the Career Development Office is conducting a series of programs focusing on alternatives to legal careers. Speakers will include alumni who have chosen to use their law training in a non-attorney role. Details will be available in the upcoming weeks. Major life decisions are not easy, but as the old show tune goes "it isn't so much you dowhat you like, but rather youlike what you do." Scan Shannon is a graduate assistant in the Career Development Office. 6:30 pm 9:00 pm Faraway, So Close Seven Friday, March Ist 6:30 pm 9:00 pm 11:30 pm Seven Seven The Shining All fi1m5...52.00 with Student 1D...53.50 General Public �February 28, 1996 ADVERTISEMENT THEOPINION do you find the time t0... run to the prof's office, I dig through the library; assemble quotes, annotate class material, search & research, get that note to prof, brief cases, find cites, see if Susan know outline it, write it, print it, cut and paste, copy, collate, assemble... Here. JflHflV , ■Mr ' With LEXIS-NEXIS Student Office. The LEXIS-NEXIS services, Folio VIEWS®, The LEXIS Online Connection, Law Schools Online Global E-mail Network, the Jurisoft Legal Toolbox products & much, much more, all integrated into an easy-to-use suite that takes a lot of the work out of your work. Just the kind of technology you'd expect from the online leader. Call 1-800-45LEXIS for more information. %/ LEXIS-NEXIS VSc A member of the Reed Elscvier pk group LEXIS and NEXIS are registered trademarksof Reed Elsevier Properties Inc., used under license The INFORMATION ARRAY logo is a trademarkof Reed Elsevier Properties Inc., used under license. Folio VIEWS is a registered trademarkof FolioCorporation. Windows*is a registered trademarkof Microsoft Corporation. Mac*and Macintosh* are registered trademarksof Apple Computer, Inc. ©1996 LEXIS-NEXIS, a divisionof Reed Elsevier Inc. AH rights reserved. 9 �ADVERTISEMENT THEOPINION 10 lip ■I Rg February 28,1996 * " : , - ■■^^®^?SK»^-'s s'-- ; v^ ■■■■■"■■ * * liilpe2* The Rouse Family Arthur, Sabrina, Bobbi Lyn, Kari Ann, and Bret. Lived together, loved together. Killed together. August 20,1991 Gansevoort, NY '" ■ - , , * "- ::;, :; ,; ;:: :-:-:';:: ;:-:';:;:-::-v^:;:'::;:- , ' : ::::::::<:':: '■■ <y: '■:::::::-::::--:::^-.-....:y:::^: ::y: If you don't stop someone from driving drunk, who will? Do whatever it takes. c EfJl GOUKI U.S. Department of Transportation Enjoy the Barrister's Ball �February 28, THEOPINION 1996 SBA meeting, Affirmative Action, continued from continued from page 1 page 1 ing shoes, blood transfusions, mailboxes and the lightbulb filament, among many other contributions. She cites these accomplishments as reasons to continue Affirmative Action. Sapp-Burgess closed her remarks by saying that Affirmative Action "...should be used as a tool to expand this great Nation. Look at what we have done. Step aside and let us show you what we can do. It will make us all proud." Judge Troutman stated that although Affirmative Action gave her the opportunity to attend law school, it did not automatically allow her to pass the bar exam. She said that she would not have been well-served if she had been admitted to law school through Affirmative Action and then had lacked the ability to succeed. The other panelists expressed their agreement with Judge Troutman's comment that Affirmative Action is simply a tool giving an opportunity to succeed to those who might otherwise be denied a chance. but SBA is financially sound. We can't get at what is a substantially large pot of money." The money that is "tied up" has been given to student groups, some ofwhich will not use all of their funding. SBA will get that money back at the end of the year. "The groups are not gettingtouched. Their monies are as is," Lindao said. However, the Domestic ViolenceTask Force and the Entertainment anu Sports Law Society were each promised $850. They will have to wait to receive their funding until the end of the year. BPILP will also have to wait to get its matching grant. SBA does not have to give BPILP any funding because they are a separate entity, but has already promised matching funds. "If a group raises $500, BPILP matches $500. If they raise another $500, we match fifty cents on the dollar," SBA Parliamentarian Pete Thompson explained. "At the end of the year, BPILP will get its money," Lindao said. Additionally, the Asssociation of Women Law Stu- dcnis aiidilß- irwl luchniqun team mill hw rij*|nm ting hind ing in the near future. It is uncertain how much the SBA will be able to give them, if anything. Other matters discussed included the possibility of joining the New York State Bar Association. "Every single New York State law school is a member except Buffalo," President George Hamßoussi said. If the Law School joined the New York State Bar Association, two students would attend three annual meetings in New YorkCity. One student would be from the SBA and one would be from the general student population. Prudence Fung and Bari Levant, 2L class directors, gave a report on the Barrister's Ball. All fifty subsidized tickets for non-law students had been sold, and almost 200 tickets had been sold to law students. All plans are going according to schedule. Greg Mattacola, 1L class director, reported that Mercedes Lindao asked him to sit on the SBA's finance committee, and he has accepted the position. Lindao asked if there was anyone else who would be willing to be on the committee. Tim Benedict, 1L class director, also volunteered to participate. Pete Thompson announced that applications for SBA executive board positions are due Thursday, February 29. "The next week we will be campaigning, and elections will be the Monday and Tuesday before Spring Break," Thompson said. DEATH PENALTY SYMPOSIUM Saturday, March 2,1996 Registration ~ 8:15 am Speakers include Kevin Dillon, Erie County District Attorney Mark Mahoney, Fmr. President, N.Y.S. Assoc. ofCrim. Def. Lawyers From the CDO: " Techniques for your Job Search" Westlaw Training on Monday, March 4th 4:00 pm Westlaw Room in the Law Library GROUPS ADVERTISE FOR FREE ON THE DOCKET!! Personals are FREEH! Place your personals in box # 640 and we mightprint it. 1 �12 ADVERTISEMENT THEOPINION February 28, 1996 w B/emwNQ etse, comes fwh what A new course claims to be: "The Experienced Course. With Experienced Faculty" However, of their thirteen New York lecturers: Five have never lectured in bar review anywhere. Four have /igygr lectured in bar review in New York. Two. were taken off the BAR/BRI New York podium due to poor student evaluations. Lastly, only one of their employees has ever taken part in coordinating a New York bar review course. ■:■..:..■.:.. ■ ■ ■ ■ ■■ : ■■:■:■■■■ ■: \ ■■■■■■.■:■:■ ■:■::■;■■ ■■. .. . . ■.. .■.■ ■. .-.■ ■ ■ ■.■ ■.■.■. .■.■. ■ ■ ■. HiAjjdt/uJjdLl Trust the Power of Experience to work for you. I J WHY L£J BAR/BRI I A._ EXPERIENCE BECAUSE COUNTS For more than 25 years, BAR/BRI has guided through law school and the bar exam! over 500,000 students BAR REVIEW TM Let the POWER OF EXPERIENCE work for you .■.■.■.■.■.■.■.■:■:■. ■.■. .■:■ .■. .■ .■:■:■:■:■:■ � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Opinion, 1996-02-28 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. The Opinion no. 8 28.02.1996 Date Issued Date of formal issuance (e.g., publication) of the resource. 2/28/1996 Bibliographic Citation A bibliographic reference for the resource. Recommended practice is to include sufficient bibliographic detail to identify the resource as unambiguously as possible. 36 8 Publisher An entity responsible for making the resource available University of Buffalo State University of New York at Buffalo Law School Language A language of the resource eng Type The nature or genre of the resource Newspapers Text Is Part Of A related resource in which the described resource is physically or logically included. LIB-LAW003 Rights Information about rights held in and over the resource <a href="https://rightsstatements.org/page/CNE/1.0/">COPYRIGHT NOT EVALUATED</a>. The copyright and related rights status of this Item has not been evaluated. Please refer to the organization that has made the Item available for more information. You are free to use this Item in any way that is permitted by the copyright and related rights legislation that applies to your use. This digital collection is made available for research and educational purposes. Researchers are responsible for determining copyright status, and securing permissions for use and publication of any material. Copyright for items in this collection may be held by the creators, their heirs, or assigns. Researchers are required to obtain written permission from copyright holders and the University Archives prior to reproducing or publishing materials, including images and quotations. For inquiries about reproduction requests and permissions, please contact the <a href="http://library.buffalo.edu/archives/">University Archives</a>. If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/62585d07481dddff926a77ad5f3e5f00.pdf 24255add7ebdc61352d2fdfcb5a6ecbf PDF Text Text J NEWS The Barrister's Ball See page 3 I OP\ED Out with the Old, in with the New. See Follies and Fumbles, page 4 I I Bummer, but who gets the Brinf>iii!i the issues to the students since 1949 THE OPINION Volume 36, No. 7 STATE UNIVERSITY OF NEW YORK AT BUFFALO SCHOOL OF LAW The Age of Co-operation Student groups establish Public Interest Co-op by Sam Chi, Editor-in-Chief Inaremarkablyboldmove, the Student Bar Association voted to establish the Buffalo Public Interest Law Cooperative. Student groups, in partnership with the SBA and Buffalo Public Interest Law Program, are now able to fund summer fellowships under the Co-op. Law students participating in the program would receive as much as $2,000 for working in the public interest. The Co-op is the brainchild of 2L's Leslie Platt and Martha Ehman. Platt, who is the President of the Buffalo Public Interest Law Program, saidthat she and Ehman were "concerned about the lack of cohesion in the law school between public inter- est groups." Platt will serve as the Co-op's coordinator. Participating student groups start the ball rolling by first raising $500. For every dollar the group raises, the SBA and BPILP will each contribute 50 cents. Thus, a group raising $1,000 will receive an additional $1,000 from BPILP and the SBA. The fellowships will be capped at $2,000. Participating student groups will establish the guidelines for their summer fellowship. The groups would then submit the proposal to BPILP. After it approves the Greetings from Happy Hour proposal, BPILP will present the fellow proposal before the SBA. Essentially, BPILP will serve as the liaison between the SBA and the studen group interested in funding. The Co-op would consolidate the Law School's public interest fellowships under one umbrella. But the program's noble purpose was not enough to stave off criticism ofit within the SBA. Various members were concernec about the cost of the program, which couk drainthe SBA coffersofupwards of $ 10,000 if many groups participate. Ehman ad dressed the financial concern when she said, "It is not likely thatthere wouk run on the SBA for money." Platt stressed that the summe pends did not amount to much money. "A lot ofpeople are making more than this, this is essentially for people to eat -- rice." In support of the measure, 3L Director Dan Werner noted that as attorneys w are bound by an ethical commit ment to serve in the public interest 3LDirector Sandy Fazili notec that he didn't "know ifwe are able t bind the SBA for the money for th future." AALSA, BLSA, LALSA. and NAALSA hold happy h,>ur at the Maniot tost Friday. For more pktures, seepage 7, U B 2 L Remembered * 1L Director Judy Nocella was troubled by the SBA delegating th responsibility of appropriatin funds. She suggested that inter ested groups should come befor the SBA and "pitch their projects. Although he favored the pro gram, SBA Parliamentarian Pete Thompson was unsure if the delega tion of funding power was consis tent with the SBA Constitution Nevertheless, despite the concern to the contrary, the SBA, with a 13 5 vote, approved of the Co-op. February 14, 1996 %i#4mti< tke s,iime of prwte lkm del Cft Chris cheksa Auclrnt ln tke 5K0N <m oulzl2«Hl,g de V38 sl l_:l3, CKli8 became an ! l>».'«lve memdel ak tde X»<»<»n»i ! lime ! c,'uiici.<o-tV'untl<'cilne ozf l88u«« 8«He<v. Hn6 in ! deeominK 2 member c»t <ne l,.l»v e«Hlnia« detole coming 'o zcnao! 1 pllilmec! ln becc?me <l pulent lu^ l Achievements lielve<i tum lc> lanl! 2 »od »il »n llngcs «lm pln-lice^< >vi«n 3 ! dolose di!> <ie2tk> ?Ke io»>> ok 2 coNe^,^ ! rnQUAk j Iu>x. Kul <7wv> XV45 even mole Sec Dubnde fondly on pa«e? Sheffer named UB's acting V.P. for public service whole spectrum of issues and programs" of his new office. In his new position, Sheffer will oversee the administration of such programs as the Educational Opportunity ÜB. Center (EOC), which offers General Equivalency Diploma Sheffer, who took over the position on Jan. 1, will (GED) courses, as well as classes in English as a Second serve in the position until the return of Muriel D. Moore, Language (ESL); the Educational Opportunity Program who had held the office since its creation in 1993. Moore (EOP), which provides support services for economically has taken a temporary leave ofabsence from UB in order to disadvantaged students; and ÜB's Millard Fillmo're Colserve as interim president of Buffalo State College. lege, which offers numerous classes and degree programs "John's experience at ÜB, around the community and for working adults and non-traditional students. statewide as a former New York state senator will be The office of public service and urban affairs also immensely valuable," said UBPresidentWilliam R. Greiner plays an active role in many UB initiatives that support in a December press release. "We very much appreciate his community, regional and statewide economic developwillingness to take on this important responsibility. We ment. One such initiative was the Governance Conference are fortunate to beable to count on someone of such stature held at UB on Feb. 2. The conference was designed to find and experience to serve in Muriel Moore's stead." ways to improve the efficiency and quality of governance Sheffer, who joinedUB in 1993 as a Senior Fellow in in the region. The participants reported on the various both the School of Law and the School ofArchitecture and governmental structures and delivery mechanisms in the Planning, said, "it's been extraordinarily interesting and community. Various town supervisors, mayors, state senacomplex, in these several weeks, to get up to speed on the tors and assembly members attended the conference. by Evan Baranoff, Senior Editor Law Professor John B. Sheffer, 11, was recently named acting vice president for public service and urban affairs at Inregard to the various projects ofthe office of public service and urban affairs, Sheffer said, "Our goal is to encourage and support public service initiatives in the community every way we can." Although faced with a tight budget, Sheffer said he is "committed to moving the programs and initiatives forward." He added, "Public service is a critically important part of the university in the 1990s and 20th century." While the immediate time demands of adjusting to his new position forced him to cancel the classes he was scheduled to teach this semester, Sheffer said he still intends to teach his Legislative Law & Policy class at the law school in the fall. "Teaching is an important part of my life and I would not like to give it up," he said. Before coming to ÜB, Sheffer served in the New York State Senate for the 60th Senate District from 1989 to 1993 and in the New York State Assembly for the 142nd Assembly District from 1979to 1988. Sheffer, a graduate of Syracuse University Law School, also served as the mayor of the Village of Williamsville in 1977. �2 ADVERTISEMENT THE OPINION PIEPER W V FREE MPRE REVIEW ANNOUNCING OUR LOCATIONS FOR THE MARCH M.P.R.E. REVIEW ***NOTE: All classes will run from 9:00 a.m. to 5:30 p.m. Sunday, February 11,1996 LIVE LECTURE Fashion Institute of Technology - Amphitheater Main Floor •Enter at 7th Aye. and 27th Street VIDEOTAPE LECTURES Saturday, February 17,1996 Albany Law School Law School Room 17 Buffalo Law School George Washington Hofstra Law School O'Brian Hall Room 212 To be announced (ten.) Law School Room 238 (ten.) VIDEOTAPE LECTURE NYU Law School Saturday, February 24,1996 Vanderbilt Hall - Room 110 (ten.) -- - Mehlman Hall Room 030 Syracuse University Walk-ins are welcome or call 1-800-635-6569 to reserve a seat. Each student that attends will also receive a free 250 page M.P.R.E. Review Book containing text and 150 M.P.R.E. questions. Test Date: Regular Application Deadline: Late Application Deadline: Friday, March 8,1996 February 9, 1996 February 28, 1996 VALENTINE'S DAY SPECIAL FROM PIEPER BAR REVIEW ****IH!S OFFER BEGINS ON MONDAY, FEBRUARY 5, 1996AND ENDS ON FRIDAY, FEBRUARY 16, 1996**** NEW APPLICANTS: REGISTER FOR PIEPER #* RECEIVE $200 OFF (THIS MAKES YOUR COURSE PRICE $1400); -OR- IF YOU HAVE ALREADY REGISTERED: REGISTER ONE FRIEND + WE WILL DEDUCT ANOTHER $100 FROM YOUR BALANCE AND YOUR FRIEND WILL GET THE $200 OFF! Simply return your applications and deposit together and we will credit your respective balances. For more information call 1-800-635-6569 or see your Pieper Reps!!! PIEPER BAR REVIEW If THE EDUCATED CHOICE! j February 114,1996 �NEWS February 14,1996 THEOPINION 3 The Barrister's Ball Gala Event to be held March 1, at the Hilton by Sam Chi, Editor-in-Chief Yes, there will be a Barrister's Ball this year. At its meeting last Tuesday, the Student Bar Association voted to approve funds for the ball over the objections of some 3L Class Representatives. At the heart ofthe debate was whether or not the SBA should subsidize tickets for the annual gala. Initially, 2L Directors Prudence Fung and Bari Levant, who are members of the SBA's Barrister's Ball Committee, suggested the SBA fund $12 from the first 244 tickets sold. Under this proposal, the tickets, which would cost $32 without the subsidy, would remain at last year's price of $20. The subsidy would cost the SBA roughly $3,000. 3L Director Dan Werner was the first ball. Citing cuts in the SUNY budgets, Werner recommended the SBA not provide any money. "[lt's] incredibly decadent. It's like a high school prom. I'm going to oppose any expenditures on the ball for that reason." 3L Directors Sara Hemmeter and to voice opposition to the JoAnne Howlet also balked at the cost. Both contended that the subsidy was a little excessive. "If people want to get together that is fine, but I wonder what we stand for. Are we supposed to be the ABA? The SBA should think about the diverse needs of students." Howlet said. But the ball also had its defenders. Fung noted that she and Levant worked hard to cut the costs of the ball. She said Barbri would pay for the cost ofthe invitations and theDJ. "I met people I had never met before," SBAParliamentarian Peter Thompson said. I met a lot ofolder people there who seemed to have a good time. We have the money. We might as well spend it on something, and it's something a large constituency wants." tough topic The Domestic Violence Task Force - forcement before a battered woman will leave her abuser. (DVTF) is branching out to help neighbor communities deal with domestic vio- Niagara County Domestic Violence Intervention Program director Lee Joly advised students to remain positive in light As part of an effort to establish the ofthose statistics and hope that each intergara County Family CourtProject, about vention might be the one that convinces a 20 DVTF members attended a domestic woman to leave. Ron Stanish, from the Niagara County violence training session held on Friday, Feb. 9, at the Niagara County courthouse. Probation Department, alerted the student At the training session, Niagara County olunteers that workers in the Niagara officials and area resource administrators County family court system had become a addressed how these students can use the )it jaded in their struggle to address the the family court system to assist victims of omestic violence problem. Stanish said domestic violence. that the Task Force's efLocal YWCA repreorts to help out are wellsentative Laurie Watson medand much-needed. reminded students that Niagara County ...the Task amily Court official their role as an advocate Force's efforts to for abused women is cruill McCarthy explained ie cial, especially in the help out are wellt family court proceure to the audience. courtroom. She pointed timed and muchout that domestic violence McCarthy emphasized needed. victims tend to "freeze the jurisdictional limits ;if family court, which up" when they have to tes-Robert Stan ish I tify in front of the family court judge and that having someone there to rev_ mind them of what they need to say in court is critical and has lasting legal significance. When Suzanne Tomkins, director of theFamily Violence Clinic at ÜB, addressed the DVTF members at the training session, she highlighted the importance of their assistance. Tomkins quoted United States Attorney General's Office figures that approximately 40 percent of adult intimate relationships are abusive in some respect. Tomkins also reminded students that it may take eight or nine interventions by law en- Happy Valentines Day 1 I another law student," said Howlet. 2L Director Julie Rosenberg said, "I have a problem with people outside the law school getting subsidized tickets." 1L Director members pointed out that the last year's SBA also paid about $700 for additional expenses. 2L Representative Craig HurleyLeslie suggested a compromise. "Let's find a reasonable middle ground," HurleyLeslie said. "Part ofmy mission is to serve the whole school, and people want this." Shantelle Hughes shared her view. "We should be subsidizing students," Hughes The conciliatory attitude seemed to be infectious. Werner backed off his no stance and proposed the SBA put up money $5 per ticket. However, the honeymoon did not last. The setting aside of 52 subsidized 1L Director Greg Mattacola speaking was a good tickets for nonstudents also proved controin favor of the event, said it all the law students to get versial. The non-law-student subsidized opportunity for of together. "I think it is a good thing, I don't tickets, available on a first come, first served think there isthat much interaction between basis, were designed to accommodate the the classes," Mattacola said. spouses of married law students. Other SBA members did feel that $12 The proposal irked some SBA memper person was a little excessive. SBA bers. "So a spouse gets subsidized before DVTF tackles by Michael Chase, Features Editor Treasurer Mercedes Lindao noted that "$ 12 [per person] is a little steep." Lindao said the SBA contributed only $2,000 toward defraying the ticket costs last year. Other J may only intervene where there is a blood relationship (e.g. parentchild), a marital relationship (former/current spouse), or where the abuser has a child in common with the DVTF coordinator Hooper finished the training session by addressing the Niagara County officials and Task Force members. Hooper told the audience about DVTF's fundraising efforts to provide a paid internship for students interested in summer positions at the Niagara County Family Court Project. A permanent office for the Project has been established in the Niagara County courthouse. Beginning this this week, UB Law students will help the Niagara County Probation Department take in victims of domestic violence and process their petitions for protection orders. DVTF coordinators Caroline Hooper, 2L,and Kristina Karle, 2L, said they hope to have at least two law students at the office, located approximately 20 miles north of Buffalo in Lockport, for three to four days For information about the Domestic ViolenceTask Force, stop by their office in Room 604 or drop a note in Box 698. said. Eventually the body settled on a $10 subsidy for the 52 nonstudent reserved tickets, the same subsidy approved for the law student tickets. The resulting 13-5 vote approved roughly $2500 for the ball. The $22 subsidized ticket price represents a 10 percent increase from last year's ticket price. Levant said she was "glad we're having the Barrister's Ball." But she added, "I think the SBA could have spent the $12 per person to keep the cost the same as it was last year." The Barrister's Ball will be held at the Buffalo Hilton on Friday, March 1. 244 tickets will be available for $22. After the first 244 are sold, tickets will be $32. The ticket price includes a 3-hour open bar, dinner, and dancing. Dubrule fondly remembered, I coHti-I >ed from page I Those ofus who were fortunate enough to have Chrh as our friend w ill remember biro as a 00-bullsbit kind of guy wbo was unafraid to speak his mind. When Chris did .speak, hi* gravelly voiceand unwaveringpr n»atismeniici«dbothour , classes .'tndour lives. As a semi-neurotk rlrst-year law stm: t, I marveled at Chris abiltty to keepau even keel white the rest of us worried inctv ,;tly about our grades, wr summer jobs and our future careers. He never lost sight of the fact that life is about more than just accumulating Hs or making partner. It Is hard to believe that Chris, of all people, is i will remember Chris tor the w&y in \vhich he Jive<i hi* Ufe. Aitfaougb c:iuis worked hard for his accomplishments, he was never too busy to savor lire orspendtime wtth his trtends end loved ones VI biK- roanj <»t us .spent Uμ summer w. 01 kmg, Ctetj« chose totike one last summer off before joiningus on the career treadmill. Chmspen! that summet fishing and cruising the local \saterwa>-s in his boat 1 can imagine him tntte, before be shaved his beard, smoking and Hshing aod having a coJd beer while we labored ov<t documents which have long since blurred into one another in our memories. In retrospect, 1 doubt Chris would cv« have willingly joined us on our career treadmills. I believe he would have forced his ownpath and succeeded beyond our wildest expectations. Saying goodbye to Chris w»ll be difficult. We will ml*>. Inshumoi. his.sage ad\ice. and above , all his friendshtp. Toe memories which we carry with us cannot replace Chris p)ace in our lives, bat they can temind us not to neglect the time we bave to live. As winter tomes to an endand .spring revives the natural worldaround as, we can carry these memories forward into the res* of our lives. Most ol all. we can honor Cbris by savoring the sights, sounds and colors ofspring and by forgetting, for a short while, the pursuit of a law degree that now seems strangely insignificant. Goodbye my friend you will be missed. EDITOR'S NOTE: Tbe S.BA. has established afund to help Mar}'»ith her expenses and, potentially, to start a scholarship fuud io Chris' oaow. To contribute to this fund, please make donations to the S.B.A. Treasurer, Mercedes - Lindao, Jessup Moot Court Tournament Twelve schools from New York, Massacbussdia, :w<j Ohio. wiJl compete a< UB law this weekend in the " 1V9o Noith Eastern Philip C Jessup Moot Court Competition." The topic revolves around teriorism and the theft of an encrypted database. PattJcidjKs will be judged by the UN Ambassador Irora Ghaaa. as well i»s international law practitioners. Federal i3»d State Court judges and UB law professors Winners of thw competition have the chance to vie foi a tutiotial title which could launch tbem into the intermaional competition arena. Rounds will be heJdoo Saturday and Suovfeiy at the Erie County CotMt H<:»use on 92 Frankin Streei m Downtown Buffalo :■:■:■:■:■:■:■:■:■:■:■:. " ■ " :■:■:■:■:■:■:■:■:■:■:■:■: UB Law hosts Death Penalty Dialog On March 2. VB law will be the site of a national conference called "The New York Death Penalty in Context." The purpose of the conference is to stimulat? dialogabout the issues surrounding the death peti.ni Eleven nationally known capital punishment experts will convene at VB 10-speak on topics dealing with the structure and future impact ofthe death penalty, Implementation ol the Ijw. jumr behavior in capital punishment cases, and the problem of wrongful execution. The conference in the product of the coopetative efforts between Uβ law professor Markus Duhbtr and the Buffalo Law Review Editor-In-Chief lim Grahle l.,nw students are encouraged to attend, 4»d can do s»> for free. If >\hi want to attend, pleas*. >f office #615 by February 19. �EDITORIAL THEOPINION 4 OPINION gH Founded 1949 vi -7 Volume 36, No. 7 »/i Samuel S. Chi February 14,1996 . ~ „_, February 14,1996 Steven Bachman Dietz Managing Editor Editor-in-Chief EDITORIAL: Two Cheers for the SBA In its last meeting, the SBA has showed itself to be a body that can take a stand and provide the visionary leadership this law school needs. In what was perhaps the most concise, and arguably the best SBA meeting in a long time, the body exercised good judgment by passing two issues with positive implications for the students of UB Law. By establishing the Buffalo Public Interest Law Cooperative, the SBA has taken a giant leap forward. The move shows foresight and courage. It shows that the students of UB Law stand behind their reputation as a public interest law school. It shows that we care about making the lives of those around us better and more enriched. Moreover, we are willing to put our money where our mouth is. The Co-op is an innovative partnership between the Buffalo Public Interest Law Program, the SBA, and other student organizations. In a time of withering funding for public interest law organizations, the Co-op mission is all the more crucial. By coming together and pooling their money, the organizations are able to fund more fellowships and thereby touch the lives of more people. It is the synergy yielded from the cooperative leveraging of funds that gives this program its unique value. On a different note, the Barrister's Ball has helped to make our law school a livelier place. By choosing to continue this popular event, the SBA was commendably amenable to the wishes and desires of many students. Some grumbled about the expense, but the opportunity to get to know and network with other law students makes Barrister's Ball an appropriate way to spend our student activity dollars. Others ridiculed it at as nothing more than a high school prom, but the Barrister's Ball is much more. It is a significant departure from the typical SBA social event. Although cavorting in a smoky bar has its attractions, it just doesn't have the charm or simple pleasure of getting dressed up to have a good time. The Barrister's Ball represents an escape from the drudgery of the quotidian routines that is law school. Itismorethanjustaparty. It is a night to enjoy the splendor that can be UB Law. STAFF Deshikaßotejue Jessica Murphy Business Manager: News Editor: Features Editor: Photography Editor: Art Director: Mike Chase David Leone Len Opanashuk Assistant editors:Features: David Fitch, Dan Killelea; News: JulieMeyer, Kristen Greeley Photo: John Gasper. Senior editors: Evan Baranoi't and Peter Zummo. Computer consultant: Peter Beadle The Opinion is a non-profit, independent, student-ownedand run publication funded by theSBA from student law fees The Opinion. SUNYAi Buffalo Amherst Campus, 724 John Lord O'Brian Hall, Buffalo, New York 14260 (716) 645-2147. The Opinion is published every two weeks during the Fall and Spring semesters. It is the student newspaper of the State University of New York at Buffalo School of Law. Copyright 1995 by The Opinion. SBA. Any reproduction of materials herein is strictly prohibited without the express consent of the Editors. Submission deadlines for letters to the editor and Perspectives are 5 p.m. on the Friday preceding publication. Advertising deadlines are 6 p.m. on the Friday preceding publication. Submissions may either be.sent to The Opinion at the above noted address, dropped off under The Opinion office door (room 724 O'Brian Hall), or placed in Box #10 or#2Bo on the third floor ol'O'Brian Hall. All copy must be typed, doubled-spaced, and submitted on paper and on a computer disk (IBM-WordPerfect). Letters are best when written as a partof adialogue and must be no more than two pages double-spaced. Perspectives are generallyopinion articles concerning topics of interest to Ihe law school community and must he no more than four pages double-spaced. The Opinion reads and appreciates every letter and Perspective we receive; we reserve the right to edit any and all submissions for space as necessary and also for linelous content. The Opinion will not publish unsigned submissions. We will return your disks to yourcampus mailbox or to a private mailbox if a self-addressed stamped envelope is provided. The Opinion is dedicated to provide a forum for the free exchange of ideas. As a result, the views expressed in this newspaper are not necessarily those of the Editors or Stall" of The Opinion. "Congress shall make no taw abridging Ihe freedom ofspeech, or ofthe press;..." .. Opanshuk Len by Graphic Follies and Fumbles Greg Mattacola Columnist The year that was Welcome back, my friends, to the willbe assolidas New YorkState's. Isn't show that never ends! So glad you could that a lovely thought? attend, step inside, step inside! And so it CHEERS! To Monica Seles. I begins. A new year. A new semester. don't follow tennis very much, I don't Fresh beginnings. A clean slate. Not so particularly like the sport. But this lady fast. As any selfrespecting exorcistknows, is tough, that I like. In an age where before you start anew, you must first bancomebacks are becoming a yawn, you ish the demons and specters that may still have to tip your hat to Monica. This is be lingering behind. So before I can start someone who was stabbed while pera new column in this new year about fresh forming her love. She could have been topics, we must honor, or dishonor, the killed. At the very least, it should have happenings of 1995. Most newspapers ended her career; if not because ofphysirun a column like this one on December cal problems then mental. But it didn't. 31, but whoever said we fall under the After a two year layoff, she won the classification of most newspapers? Canadian Open, almost snagged the U.S. CHEERS! To Baltimore Ironman Open andjust won the Australian Open. I Cal Ripken Jr. In a year when baseball could name quite a few professional footneeded a hero like never before, Cal came ball players who should take a toughness through in the clutch like he has done so lesson from Seles. many, many timesbefore. The living symbol of everything right with sports broke JEERS! To House Speaker Newt Lou Gehrig's record by playing in his Gingrich. Why? Just because he's 2,1315t consecutive game. And he did it Newt. By the way, do you know the in his normal stunning fashion, hitting a difference between God and Newt homer to help the Orioles win. Cal, you Gingrich. God knows he's not Newt rock. Gingrich. JEERS! To Shannon Faulkner Who? You remember her, the young lady CHEERS? JEERS? I don't know who attempted to become thefirst woman whether to salute this memorable act of in The Citadel. I was all for the idea and 1995 or to slam it. It has nothing to do rooted for her to succeed, but come on with politics but it is the world's oldest now! When you beg the coach all season profession. All I do know, is when I to put you in the game, you had better asked my usual sounding boards about perform when you get your shot. When their most significant memory of the you wage a legal battle to break a gender past year, this was consistently the first barrier, you had better be prepared when thing mentioned. It's actually a pretty the opportunity arises. Ms. Faulkner, on said state of affairs that this is what we the other hand, bowed out after a week.. remember but why fight it? Here's to Go hard or don't go at all. HUGH GRANT for taking part in the To the and most famous fellatio ever! Hugh's the U.S. Congress JEERS! President Clinton. Look folks, it's the only guy around who can take part in a Federal Government. It's open! It's little vehicular horseplay with a Divine closed! It's open! It's closed! Are you hooker and still keep a supermodel as a kiddingus? Apparently, these people never girlfriend. Fellas, don't try that at home. took Balancing Your Checkbook 101. Hugh is a trained professional, he lies for When you take money out, you have to put a living. You and I could never get away money in. That's called balance. At this with it so throw away that road map of rate, ,our beloved country's credit rating Hollywood Boulevard. �OP/ED February 14,1996 THEOPINION Thanks for the course evaluations My argument with the CLS To the Editor: natural environment. Indeed, the preservation of a free market was and still is per- Some decades ago, it became impolitic, nay even suicidal, for a public servant to be known as a liberal. I will have to say, then, from the beginning, that my problem with ÜB's Christian Legal Society is that, like most Christian fellowships around the world, this organization is just too conservative, politically, for my taste. There I admit to a prejudice. I simply do not understand a Christianity which maintains that national health care is somehow ungodly; that the solution to the drug epidemic is the building of prisons; that the denial of public assistance to young mothers and children promotes family values; and that abortion is always wrong while defense spending is always right. I cannot comprehend a Christianity which, all through the 1970s and 1980s, tacitly, if not openly, supported the apartheid regime in South Africa; which is, by and large, silent about America's racial problems and which, more often than not, vilifies Jews and Judaism. As copy space is limited, I would like to address only one tenet apparently held dear by the ChristianLegal Society. This is the belief that the manipulation ofcapital to generate more capital, regardless of ethics, pride-in-craft, reciprocity or human needs, is God's own system for distributing the earth's finite resources to its inhabitants. There is nothing in either the Old or New Testaments, nor in any of the world's religious texts, which even remotely supports the view that the accumulation of wealth at someone else's expense has the blessing of God or that the market is a sacrosanct creation of God's which must be allowed to operate wholly unfettered. The market, according to this type of theology, is more sacred thanis human and animal life and the - To (he Editor: ceived to be something for which people must fight, kill and die. No one ever needed to kill or die to preserve a theory of economics. Capitalism, simply, is a fact oflife. Even during the Cold War, there was never any danger that capitalism would disappear from the face of the earth; on the contrary. What is theoretical, however, is the supposition that unbridled capitalism is the economic system best suited to the needs of humankind. Economists and lay people will differ, still there is nothing even vaguely Christian or even spiritual about capitalism and its attributes. Like evolution, the beneficent market is a theory, nothing more. A theory, moreover, based on scarcity, not on the abundance envisioned in the Gospels, in the Torahand in, I would imagine, all the world's religious teachings. For the whole ofthe Law, standing on one leg, is cooperation, not competition nor coercion. _ 5 Robert L. O'Brian, 3L I just want to take this opportunity to thank everyone for helping me with the course evaluations last semester. First of all, I would like to thank those who helped administer the evaluations to the classes. I know it was a hassle, especially during the last week of classes. Secondly, I want to thank all the professors who cooperated with the administration of these surveys. Hopefully, it was not too disruptive. Thirdly, I want to thank those who took the time to complete the surveys. The contributions were greatly appreciated. I realize that evaluations were not administered to all second and third year courses last semester. This was due either to the last minute nature of the surveys or the inability to find someone to hand out the evaluations. If anyone missed a class the week the surveys were administered for a particular class, or if a class did not receive the survey, I would appreciate it if these parties would go to the SBA office, pick up blank forms and return them to the office. It would only take a few minutes and the input will be very helpful. Hopefully, all courses can be evaluated this semester with everyone's help. I will be conducting the evaluations again sometime during the middle of this semester so that the results can be published in time for Fall '96 regis- tration. Thanks again to everyone for their cooperation. Prudence Fung 2nd Year Class Director & Course Evaluation Committee Chair SBA Tell us your opinion! Jf you have an opinion on anything published in nur newspaper or on any omen* topic that concerns the law school community, write Th,e QfllnifflV Letters to the editor are best when written as a part of a dialogue and must not be longer th;»n two pages double-spaced Perspectives arc generally opinion articles concerning topics of interest to the law school community and must not be longer than ;:el|:i;||iS^ ■ All submissions are due the Friday before we publish Your submission must be typed, doubltxkspaced. and submitted on paper and on a computer disk (.IBM:■ ■ Opioion The reserves the right to edit any and all submissions tot space as and also for libelous content; we will not publish any unsigned .submissions. necessary events • •■ '- ' -K..J >Mt.; "' ~'ibfliiN iw.u l']>::u .!i <lv cnr place then i- '>< it ■< W BAR/BRI [?JBRAIN BUSTERS™ "Just for the fun ofit!" NEW FOR 1996! h\ new mind /*— >ss«n} BENDING <sfl EACHWEEK TAKE THE CHALLENGE if you DARE J ' c A ALL ARE invited to PARTICIPATE c ccc ccc §Ho §ck ®® JL /^ \y ' CAN YOU GUESS THE PHRASES? DISTRIBUTED EACHWEEK BASED ON A RANDOM DRAWING OF correct RESPONSES BAR REVIEW To learn the answers & receive the next Brain Buster, stop by the BAR/BRI table. - �FEATURES THEOPINION 6 February 14,1996 This diamond ring doesn't shine for me anymore A brief history of "engagement ring law" for prospective fiances By Mike Chase, Features Editor pected, Ms. Cohen found out, and "repudiated the agreement [to marry him] upon discovery" of his lie. Plus, Miss you've given her two months of your Cohen decided to keep his engagesalary in exchange tor the rest of her ment ring. The First Department dislife. Months, weeks, or days go by and cussed at length poor Mr. Beck's right you both reconsider. Do you ask for to get his ring back, but allowed her the ring back? counterclaim (for damages!) for fraud Heck, we're lawyers! What you for Mr. Beck's "deceit as to his financial worth." Significantly, however, want to know is, are you legally ento it? the court found Mr. Beck's entitletitled true ment to be well-settled and rested on As is with every other probthat we cases lem face in our lives, the law dating back 400 years. has given us a solution. In fact, it has A year later, in Wilson v. Riggs. given us many. What follows is a briet 243 A.D. 33 (Ist Dept. 1934), ajfd 267 N.Y. 570 (1935), the First Dehistory of engagement ring law. By the way, if you are ever bored partment further defended the right of and want to read some of the most a man to recover his ring, concluding colorful language ever used by judges in their usual clear and concise way, (or their clerks), hunt down and read "[i]ntheordinarycoursewhen an agreesome of these opinions. Example: ment of engagement of marriage is "There is no rescinded by question the at- £ "When the burning blue white mutual conflames ofromance died out, all sent, this remosphere was that was left was the blue white scission has festive and a reference to marriage apdiamond. The defendant does peared on the not wish to keep plaintiff's hand, that agreement alone horizon. But \ but she does wish to keep his and cannot be during their said to comjourney of love j ring on herfinger." to the altar, the I •Judge Sidney A seh wise an abroprimrose path gation of the of this blissful pair detoured to a deadcondition attaching to all antenuptial end. The romance and engagement gifts, namely, that if the agreement of dissipated, and now painful allegations engagement is abrogated, all such gifts of fault are hurled at one another." would be returned." The Court of Friedman v. Geller. 82 Misc.2d 291 Appeals couldn't argue with that, and the decision. (Civ. Ct. Kings Cty. 1975) (Judge Salvatore T. DeMatteo presiding). By that point, New York voters Our story begins more than 60 enough of snubbedsuitors asking their rings back, so that year the years ago in the capital of romance, New York City. In Beck v. Cohen. 237 state legislature intervened and the A.D.729(lstDept. 1933),Irving Beck "Heart Balm" Act waspassed intolaw. ingeniously wooed Miss Jean Cohen This statute cut offall rights to recovto marry him by telling her that he was ery ofthe engagement ring, as well as investor-type when, in fact, he any other giftsgiven in contemplation no money in the bank. As ex- of marriage. : ' - §rmed Kch The Studentßar Association announces fte 1996Barrister'sBall FEATURES Friday, March 1,1996 7pm TheßuffaloHilton Tickets goon sale Wednesday, February 14,1996 at the UB Ticket Office in the StudentUnion Tickets - $22.00 perperson » Naturally, re were few gagement cases after 1935. In one case, though, ring Domagalski. 191 Misc. 365 Kings Cty.1948), Judge Benjamin begrudgingly allowed a jury verdict returning a ring to a jilted gent despite the new law. "Grave doubt exists as to this should have been K;ther mitted the jury..." noted Judge case to Benjamin. "The finding of the jury, while not necessarily one which the Court would have arrived at on the facts of this case, is sufficiently supby the evidence." This case was an anomaly, though, and for 30 years, without a way to recover their precious stones, men risked more than rejection when proposing to their sweethearts. Eventually, the 1960s came and so did the sexual revolution. Disgruntled brides-to-be everywhere were "YOU CAN TAKE YOUR [RING BACK! "And so the law changed. Section 80-b of the Civil Rights Law of New York was enacted September 1, 1965, and reinstituted the cause of action for "recovery of property transferred in contemplation of marriage." This statute was first addressed in Goldstein v. Rosenthal. 56 Misc.2d 311 (Civ. Ct. - Bronx Cty. 1968). In Goldstein, the prospective bride cut off the engagement, and the ex-groom brought suit to recover the ring. As Judge Sidney H. Asch poetically penned, "[w]hen the burning blue white flames of romance died out, all that was left was the blue white diamond. The defendant does not wish to keep plaintiff' s hand, but she doeswish to keep his ring on her finger. In the words ofthe popular song:' She took it off her finger, now it doesn't mean a thing.'" Mr. Goldstein won under the rrted King, new statute. Two years later, the Court of Aphanded down a landmark decion that would serve to confuse an issue which our legislature had finally cleared up. In Lowe v. Ouinn. 27 N.Y.2d 397 (1971), a married man waiting for his divorce to be finalized proposed to his new love interest and gave her a $60,000 engagement ring. A month later, Ms. Quinn had second thoughts, and called off the engagement. When asked for the ring back, she told Mr. Lowe to talk to her lawyer. His ensuing lawsuit failed because their agreement to marry was void as against public policy due to his S;als preceding marriage. The "Lowe bar" - the rule preventing recovery when one ofthe par- - ties is married was not very popula It was not applied in Shoenfeld Fontek. 67 Misc.2d 481 (Sup. Ct. Nassau Cty. 1971), where the done of the ring was married unbeknowa to the donor. The court saw in Lowe tool for con artists and allowed recov cry of the ring. More recently, tl court in Witkowski v. Blaskiewicz. 162 Misc.2d 66 (Civ. Ct. Queens Cty. 1994), let a man have his ring - back even though he knew his fiance was married, contrary to Lowe. (And that ring was only worth $6,500.) Last year, however, the Second Department dealt theLowe blow (I'm sorry) to Howard Leemon, who was still married when he proposed and gave his lucky lady a ring. Leemon v. Wicke. 1995 N. Y. App. Div. LEXIS 6003 (2d Dept. 1995). Apparently, there are a number of people who, after suffering through one failed marriage, can't wait to jump into another one just to have it fizzle before reaching the altar. The easy lesson: wait until you get that divorce decree. This is how the law stands at this point, If you buy the ring.but your intendedhas a change of heart, you can probably get your ring back. Also, if the decision is mutual, you can probably get your ring back. However, if you get cold feet, you may lose the ring forever. Lewis v. Permut. 66 Misc.2d 127 (Civ. Ct. Queens Cty. 1971); Cohen v. Bavside Fed. Say. & Loan Assn.. 62 Misc.2d 738 (Sup. Ct. Queens Cty. 1970). More frightening to some men might be the ruling that if the prospective groom passes on before the wedding, his "widow"keeps the ring. This was the result in Cohen. There, Judge Harold Tessler, presumably after an extensive and fruitless search through engagement ring law, ranted: While the engagement ring to some people in the "mod" world of today is just another material pos- - - session and while it has not been unknown in some circles for recipients of these rings to flaunt them, to compare their luster, number of carats, etc., with the rings oftheirfriends, for the vast majority the ring still remains a hallowed symbol of love and devotion that a prospective husband and wife bear for each other. SUMMER LAW STUDY in Barcelona Dublin Florence London Oxford Paris San Diego IfiJ) UnivsreiLy of <san Dicgp FOREIGN LAW PROGRAMS SCHOOL OF LAW 5998 Alcala Park San Diego, CA 92110-2492 e-mail: cking@usdlaw.acusd.edu fax: 619/260-2230 URL; http://192.215.86.80r http://www.acusd.edu/OnCampus �February 14,1996 THE OPINION FEATURES 7 Moot Column The Criminal Law Society Presents by Dan Killelea, Asst. Features Editor Survival Skills State Supreme Court Judge Barbara Howe "Alternatives to Incarceration" Through the static coming over comes to rest once more alongmy short-wave streams the National side the box. Weather Service's slow, droning My gaze is still fixed report. It comes like the snow, with somewhere in space as my fina rhythm and a pace to lull me into a gers slowly awaken; I feel the state of semi-sleep, wherein even tingle ofblood as it flows again. my deliberate attempt to grasp at Without thought, I reach into information slides me back into the the box. Crust on each digit breaks away as I open and close hypnotic bliss. Somehow the current temperathem on the object of my need. ture floats to the surface, and in a Slowly, like a monstrous pymoment ofclarity my eyes focus on thon devouring a pig, I begin the theradio's exposed speaker cone. A consumption of my eighth Tim "two de- Horton's doughnut. connection is made It is the urgent need of cargrees." As the words echo into the bohydrates whichdrives me, and folds and empty spaces of my brain, it is here, in my third Double I feel the sofa absorb still more of Chocolate Glazed, that I again me. The cushions by now form a V, find gold. With each swallow I and I am nestled as if on the back of feel new fat cells blooming on some great bird soaring in flight. my gut, pushing me closer and closer to safety from the ravMy handfalls limply down the slopingfabric of this deepening nest and ages of winter. . February 27, 1996 7 pm O'Brian 109 More Photos from the Happy Hour .. With my free hand I grasp the Budweiser 40-ounce wedged between the cushions beside me. I shake it to give the warm, watery liquid some semblance of carbonation, and suck in enough Bud to softenand swallowthe half-doughnut now clogging my mouth. As it slides into my throat, I push the rest of the stale ring past my lips and soak it with another quick slug. Holding the bottle to the light of my digital clock, I see bloated bits of Tim Horton goodness floating about. Two strong swallows and they are gone the bottle is dry. As I roll it against the other empties littering the floor, I realize one universal truth winter break beats the hell out of going to class. - - Correction! In our Dec. 6, 1995issue, a story identified 2L class director Prudence Fung as a Director of the Jessup Moot Court Board. While Ms. Fung is on that board, she is not a director, as was reported. She did not vote in the proposition before the SBA concerning funding for the Jessup Moot Court Board. BLACK LAW STUDENTS ASSOCIATION OF UB LAW SCHOOL PRESENTS ABOVE: Snve Berman, 2L. Flora Chun, 2L. andßoxanne Williams, 21. A CELEBRATION OF BLACK HISTORY MONTH LAW FORUM: "A Question on Affirmative Action." PANEL ON AFFIRMATIVE ACTION: 1. 2. 3. 4. Judge Robert Russell Judge Shirley Troutman Judge Jeanette Ogden Crystal Peoples. Erie County Leg. DATE: February 22. 1996 TIME: f.OO P.M. PLACE: (IB) State University at Buffalo. ROOM: UM O'Brian - - For Further Information please call (716) 837 7845 or 645 2143 ABOVE: Elvitt Mercado. 11... Alfredo Acevedo, 2L, Jettnette Casthegrtttta, 11., Sylvia Valentin, 2L, andKaren Scalley, IL �THE OPINION 8 SCHBOALARR/IIP* ADVERTISEMENT February 14,1996 BAR REVIEW M H ■ y QH n ■ U QD fl Q H ■ U m ■■ Q ■ ATTENTION 1996 GRADS WE HAVE ALREADY AWARDED MORE THAN $200,000 OF THE $250,000 IN OUR SCHOLARSHIP FUND. DUE TO THIS OVERWHELMING RESPONSE, WE HAVE ALLOCATED EVEN MORE MONEY. WE WILLRE ACCEPTING NEW APPLICATIONS THROUGH MARCH 31,1006. WE WILL BE AWARDING SCHOLARSHIPS IN VARYING AMOUNTS UP TO $500 EACH TOWARD YOUR RAR/RRI BAR REVIEW TUITION. YOU NEED NOT RE ENROLLED TO APPLYI APPLICATION INFORMATION: Applications may be obtained at the BAR/BRI display table, from a BAR/BRI representative or by contacting the BAR/BRI office at (800)472-8899. Q QH FJH ■ U □ H M H ■ U U U W U M ■ y ■ ■J Scholarship applications will be reviewed and awards accepted on a first-come first-served basis, until the funds are depleted. Q H y n These scholarships will be honored in CT. ME. MA. NH. NJ. NY. PA. Rl, VT. VA and DC ■ M ■ y W m � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Opinion, 1996-02-14 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. The Opinion no. 7 14.02.1996 Date Issued Date of formal issuance (e.g., publication) of the resource. 2/14/1996 Bibliographic Citation A bibliographic reference for the resource. Recommended practice is to include sufficient bibliographic detail to identify the resource as unambiguously as possible. 36 7 Publisher An entity responsible for making the resource available University of Buffalo State University of New York at Buffalo Law School Language A language of the resource eng Type The nature or genre of the resource Newspapers Text Is Part Of A related resource in which the described resource is physically or logically included. LIB-LAW003 Rights Information about rights held in and over the resource <a href="https://rightsstatements.org/page/CNE/1.0/">COPYRIGHT NOT EVALUATED</a>. The copyright and related rights status of this Item has not been evaluated. Please refer to the organization that has made the Item available for more information. You are free to use this Item in any way that is permitted by the copyright and related rights legislation that applies to your use. This digital collection is made available for research and educational purposes. Researchers are responsible for determining copyright status, and securing permissions for use and publication of any material. Copyright for items in this collection may be held by the creators, their heirs, or assigns. Researchers are required to obtain written permission from copyright holders and the University Archives prior to reproducing or publishing materials, including images and quotations. For inquiries about reproduction requests and permissions, please contact the <a href="http://library.buffalo.edu/archives/">University Archives</a>. If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/963c7f80e1b01e07845419ad369e7e26.pdf 6d28e1d8fb81996925992ac569371a46 PDF Text Text L tOP\ED NEWS Follies and Fumbles. Virus infects computers. See page 3 See page 5 FEATURES Is it exam time again? See page 7 Bringing the issues to the students since 1949 THE OPINION Volume 36, No. 6 STATE UNIVERSITY OF NEW YORK AT BUFFALO SCHOOL OF LAW December 6,1995 Water under the bridge New mini-courses to span the break by Jessica Murphy, News Editor This winter break will end earlier for some UB Law students than others. All firstyears and participating second- andthird-years will bethefirst everstudentsin UBLaw's newest implementation— "bridge courses." These courses begin on January 16 and end on February 3, 1995. Everything is offered, from courses entitled"Rain Making" to "Depositions." KUB Law Professor Olsen, who is also Vice Dean for Academic Affairs, organizedand instituted the bridge courses as a part of UB Law's new curriculum. "This is a great opportunity to utilize the flexibility of our new schedule," said take, and offer real life experience. This better accommodates alumni schedules, as well load for students during the remaining acaas enhancing the student schedules." demic semester. The Course availability for second- and courses facilitate third-years islimited to a total ofthree credit hours, and what courses second and third smaller groups of students for more conyears get depend upon their lottery number. areas of The bridge courses for the first years are centrated study. pre-determined for them. "The beauty is The administration is pursuing a conthat you can be very servative approach to test the popularity of flexible and it gives the bridge courses. Olsen said that reaction students the opportuhas been overwhelming; a good portion of nity to learn legal bridge courses are already closed out, with skills and focus on only small numbers of seats available in the specialized courses." remaining courses. Student opinion has been positive, too. explained Olsen. "Our only limits now JohnCoeppel, IL, said, "I'm very happy are room availability with the bridge courses, because I got someI and our budget. Hope- thing I'm interested in. I'm looking forward fully by next bridge, to this, and it's great that 3 credits are over j thereshould be double and done with before the rest of my classes the amount ofcourses begin." graphic by Len Opanashuck, Art Editor Melissa Hancock, 2L, said, "I think courses related to modern legal Olsen added, "This is the perfect way they're a good idea, but they need more practice...Depending on the success of the to use our alumni who are the best qualified to enrich the range of courses students can see Bridge Courses, page 3, bridge courses, we hope to expand." Olsen. "We tried to cover a broad range of courses. We tried to focus on computerrelated courses, practical skills courses and The bridge courses spread outthelearning experience. This allows for a lighter SBA denies two groups, but gives Jessup $2,000 by Deshika Botejue, SBA Beat reporter The Student Bar Association, amid controversy, granted and denied student groups' requests for funds at their meeting last Tuesday. The Domestic Violence Task Force (DTVF) was one of the student groups present. DVTFco-presidentsKristina Karle and Caroline Hooper requested $3,000.00 from the SBA to fund two summer internships at $1,500.00 each. The internships wouldbe used to compensate two law students to work full-time this summer. The interns would provide legal assistance and attend a permanent site in the family court in Lockport. The internships wouldalso allow students to represent the law school to the community. A heavy interrogation immediately ensued. Dan Werner, 3L Director, asked why people must be paid to attend the Lockport site when other courts use volunteers. Alfredo Acevedo, 2L Director, noted that the Buffalo Public Interest Law Program (BPILP) expressed interest in matching the funds provided for the internships. Although BPILP had not yet set a date for the funds, he asked the DVTF if excess money would be returned to the SBA. On behalf of the DVTF, Karle and Hooper answered affirmatively. Sareer Fazili, 3L, then mentioned that $3,000.00 was a lot of money to ask from the SBA and that granting the sum outright or less. Jeremy Toth, SBA Vice President, agreed with Fazili. Toth saidthat the SBA does not have much money to fund internships. Werner also agreed, suggesting it may be premature for the SBA to vote on the funding when BPILP was considering matching the funds. 3L Director Rob Smith explained that BPILP was working on a Co-op program, and would like the SBA to do some of the matching, too. Smith also proposed the option of having professors grant academic credit for the internships as opposed to offering monetary compensation. Acevedo admitted that the DVTF internships presented a "worthy cause" and suggested that the SBA match funds up to $1,500.00. Karle and Hooper responded to the by explaining that the internship program was two years in the making. The DVTF needed an answer from the SBA before January because training sessions needed to be organized by that time. Smith proposed a motion to match the DTVF's funds, earned through fundraising efforts, dollar for dollar up to $1,000.00. Juließosenberg, 2LDirector, then proposed a friendly amendment for the SBA to match 50 cents for every dollar earned by the DVTF. To avoid setting a bad precedent, Rosenberg clarified that this allocation would be set for this specific case and would set a bad precedent. Fazili suggested would not be a policy used across the board. Fazili encouraged the SBA to vote on that the SBA match thefunds up to $ 1,000.00 comments The SBA returned to order and passed Rosenberg's motion immediately because the amendment overwhelmingly. Under the DVTF had an approaching deadline motion, this the DVTF would receive arguing that DVTF's cause was "worthy." $1,000.00 for their internship fund only if When presented withthe idea ofvoting raised the other they $2,000.00 themselves. on the motion, disagreements broke out The next student organization to reamong SBA members on when to vote and was funds the Moot Court quest Jessup how much should be matched. Pete ThBoard. David and Scott Philbin Pfalzgraf ompson, SBA Parliamentarian, was from the SBA to help requested $2,000.00 prompted to shout, "Shut up and vote!" fund the Northeastern upcoming Jessup The unruliness caused George Hamßoussi, SBA President, to shout, "EvSee Shafted, page 6. eryone shut up for 3 seconds!" The Honor Code by Julie Meyer, A'i.st. Xeus i-:da,,r examperiod Such a final creates an incenYour criminal law exam is two days itive for students who have already taken away. You just finished your outline a |the test to share the questions with stuweek ago and have been struggling to dents who have yet to take it. memorize it. In the midst of trying to After Marcu-s' exam,several students remember the dements ofvoluntary mao- complained that people knew the exam slaughter, the phone rings. Your friend questions even before they picked up the Tom has somehow managed to get a copy exaro. Also, some students were suspected of the actual exam. He's offering to pho- of collaborating on their answers. tocopy It for you. What do you do? No students confessed to cheating or The pressure of law schooi exams were determined to have cheated. The leads many students to took foi ways fo administrationresolved the issueby changmake studying easier. While an eve*- ing ail "D,, and"F'grades to"S" grades,to present temptation, cheating can ruin your give an appearance of grades unbiased by grade, not to mention your law career. | the cheating accusations. However.sucha SUII, cheating has occurred all too often in | favorable outcome foT an incident of susthe past. j pected cheating is unusual. In 1986,Professor Isabel Marcus gave What are the consequences ofcheata "floater" to her Family Law class of 150 ing? If the piofcssor determines that a students. A floater is an exam that can be Sec Cheaters, page 3 picked up and taken during any day ofan , ,, ,, < ,•, , �2 JHfotyElNiabL Deeember'6{ i 1993 Perspective by Scan Shannon Second Years essentially shut out of the Bridge Courses Aseveryone is quite aware, the school is attempting to to prepare for exams. Fortunately, for this year's first year improve the way legal education is taught. The semesters the situation is quite different. They have a more seasoned are shorter. The classes are longer, but the contents remain research and writingprogram, onlyfour classes and a week the same. Go figure. A wonderfulrepackaging ofthe same off in which to prepare for exams, and a fine selection of fetid food, but what they need to do ischange therecipe and bridge courses from which to choose. The second years on the ingredients. But that is for another article. Much to the the other hand have been shafted once again. Out of 15 administration's credit, the school has broken new ground bridge courses offered, five are already closed; three have by creating the research and writing program and the new less than 10 spots left, ofwhich two have 5 or less spots left; one credit bridge course. But with all change there are four course require the permission of the instructor; and usually winners and losers, and unfortunately the second then there were two courses left which, surprisingly, have year students have been designated the losers in this transiquite a few spots available. Essentially, by the time2Ls get to select, more thanhalfof the bridge courses are out oftheir tion to the "new" curriculum. Last year, the Class of 1997 were the lucky participants reach. Didn't anyone think about the second years? Or is ofthe new research and writing experiment. They took a it the class to be written off by the administration? The first full course load of 5 classes and were not given a week off years have their classes. The third years got to pick their classes. And now we get the scraps. I don't think it is healthy to criticize without offering solutions. So these are my recommendations. First, add some more courses to the bridge selection. There are more than enough professors on the payroll who could teach an interesting one-credit course. Second, divide theavailable seats in the bridge courses equally between second- and third-year students. None of the courses are required by the bar and should not considered essential for the third-years to take. Finally, start to take the students into consideration when such decisions are made. Students whoare unhappy don'tmake great alumni. In the meantime, mediation is out for me. And since I'm not interested in Advanced Contracting.TechnicalLicensingor FederalPretrial CriminalPractice, I might as well go wax my skis. BE LESS PRODUCTIVE AT THE OFFICE office has always been a place to set . W you're also a place where ' // takes 95% less energy to manufacture proiuctsJfrom recycled materials. F at the paper when writing a memo. lights are left on when people leave. See how Use both sides ofthe paper vhtnvnHngamZ. is much paper being wasted. How much electricity is being used to run computers that are on. Lx>ok at how water left much is being wasted in the restrooms. And how much BT copies you around the next time you're at I save more for only make the need. Use both sides of the work. See how many use fewerresources today, well copier, fall behind. Take a look to faucet run. Remember, if we mm work. When Unfortunately, it's resources start washing your race, don't letthe produce less waste at ahead. lot of natural brushing your teeth or are some simple ways you can Which would Drink out in throwaway cups. watt bulb ~, well done. FOR MORE INFORMATION AND your lamps. Drink your coffee or tea ttuly bea job of Turn offyour light when you leave. Use a lower !,„„„_-„ TIPS CALL l-800-MY-SHARE. ~-*l**f*^!7***'\J**^\7"tm*Vm?**itim^ .. , v^^» V V/ \V/\\ //\\AF\ |R\M/\\J/\/\ mugs TtfjK \XX/\ A A \ V ALf instead of j^r\?7v '/*\" f'\'-i" " v '¥§ throwaway %Hi Hf\/ v \/ V* \f \A / M out ofc < cups. Set up a whiT* V recycling bin for I\ ; , aluminum cans X > ? KVV 4f A ' Ifx-,XXX -, ,- X -X / h ». !• IT'S A CONNECTED WORLD. DO YOUR SHARE. , 1 /-, Xi'ff V' irWf-rv^of /f *>l|« paper not cubicyards |p, P.Earth Share �December 6, f9SS Computer flu season strikes by Julie Meyer, Asst. News Editor The computers of three law school new type ofvirus, called a macro virus, can organizations were infected with the Monkey virus within the last month. The virus, from a family of "boot sector" viruses, infects the boot sector of floppy disks, then attaches to EKE, BAT, or COM files on a computer's hard drive. Director of Computing, Jason Klindworth, says that boot sector viruses are "common and very old, having been in the University community for at least the past three years." Should students worry about catching viruses from the law school's computer lab? No, because the computers in the fourth floor lab lack hard drives, making it impossible for boot sector viruses to attach to ÜB's computers. Also, such viruses cannot link to text documents. This ensures students' documents are safe from infection. However, a graphic by Len Opanashuck, Art Editor infect students' documents Three ofthe most common ones, called Concept, Nuclear, and DMV, save documents as templates, instead of as documents, and can cause damage to any printouts of the document. TheComputingCenter keeps constant watch for these types of viruses, and is planning on having anti-virus software as a menu program in the lab next week. This would allow students to copy the vim* protection software at the lab, to be used on their home computers. To detect a boot sector virus,watch for a strange:looking directory listing on your floppy disk, or if the total disk space of a hard drive is 2-3 bytes less than usual. For the macro viruses, look for any macros that are different from the computer's default macro. If you see such a macro, do not use it. Ask any computer consultant for more details about viruses. 1Ls speak about Chinatown by Sarah Braen, Aden's Reporter "I'll show you aroomful ofpeople who work, 16, 17, 18 hours a day, who make a dollar an hour, a penny a button; who work in rooms with no fire escapes; whowork in dark, dingy conditions. Will you go with me?" In a video during a presentation by the Chinese Staff Worker's and Association[C.S. W.A.], a reporter asked this question to a federal representative. She was not asking him to go to a third world country, but to Manhattan's Chinatown. C.S.W.A., supported by the Chinese Student Association and the Asian-American Law Student Association, brought this video and two visiting speakers to raise UB students' awareness about the appalling conditions in many restaurants and garment factory "sweatshops" in Chinatown. This presentation also discussed the detrimentaleffects ofbringing an Off-Track Betting facility into Chinatown. Over 20 people attended. C.S.W.A. opposes the sweatshops he- cause of the blatant disregard of labor laws many reasons, primarily because it will deon the part of sweatshop bosses. Often plete the minimal time and money of an employees of these facilities work 10 to 18 already poor minority population. The other reasons why the C.S.W.A. hours per day, for far less than minimum objects to the OTB are thatthere are already wage. Some of these workers do piecework, 2 OTBfacilities in the district. This facility being paid less than a couple dollars for would accept oversea bets from China, and it is proposed to be built in the Silver Palace, each piece produced. Some of these workwhich is considered a historical landmark. ers are children. Over the summer, the C.S.W.A., helda C.S.W.A. also brings issue with some of the restaurants in Chinatown for wages rally and hunger strike to promote awareness of the conditions in Chinatown. They far below minimum wage and for tip-stealing. Recently, the C.S.W.A. won a $1.1 also have held presentations at other schools. Most recently, the C.S.W.A. held a million judgment against Jing Fong, a restaurant they target as one of the worst ofrally in Manhattan on November 25, with some representation from ÜB. fenders. Many organizations on campus are The first speaker discussed the conditions in the sweatshops, as well as the negaconcerned with these issues,and are asource tive effects that the Tongs, the Chinese of information for those people who are mafia equivalent, and the Chinese news curious or wish to get involved. media have had on the effortsof student and For information, contact the Asian worker groups. The second speaker discussed Off- AmericanLaw Student Association, the InTrack Betting. C.S.W.A. objects to the ternational Socialist Association, or the building of this facility in Chinatown for Chinese Staff and Workers Association. 1Ls lead Proposition 187 discussion by Kristin Greeley, Asst. News Editor The Asian-American Law Student Association held a panel discussion about California's Proposition 187,last Tuesday, November 14. The discussion was a part of an undergraduate American Studies course, The Asian-American Experience. The panel consisted of two first-year law students, Ernest Lee and Martin Cortez. Both are from California. Proposition 187, which was accepted by voters, states that illegal aliens are committing "criminal conduct" and denies them access to public services, such as public education and health care. Although Proposition 187 was passed by voters, it has not become law. It is currently being tested in federal courts in California and parts of the law have been declared unconstitutional. Lee, the first speaker, is originally from Southern California and attended the University of California at Riverside. Lee says Proposition 187 is "fine in theory but fatal in fact." Lee agrees thai illegal immigrants should not receive undeserved benefits, but that there must be better ways of achieving this goal. Lee-discussed the history of Asian immigration to the United Stales. In general, he said, Asian immigration follows a pattern. At first, each groupof immigrants was welcomed. But then, for economic reasons, attitudes towards the immigrants changed, and laws were passed limiting their rights to immigrate and live. Lee believes that this is the case with Proposition Flora Chan, AALSA President 3 IE OPINION NEWS The law is mainly aimed at Latino, especially Mexican, illegal aliens, although it would affect all il- They have been accepted there, but now that hard economic times havehit California, illegal immigrants have fallen into Proposition 187 proponents believe that the illegal aliens are a drain on the system and take jobs that legal citizens sould have. The second panel speaker, Martin Cortez, is also a Southern Californian. Cortez worked as a lesislative aide in the California State Legislature with StateLegislatorKathleen Brown, who opposed Proposition IX7. Cortez said that the Proposition is a residual effect of the economic recession. Immigrants are accepted when labor is needed, bul otherwise they are shunned. Because of the recession, people look*1 for scapegoats, and immigrants, especially the illegal aliens, are easy targets. Cortezargued thatRepublicans inCalifornia have essentially scared voters into passing 187. California Governor Pete Wilson used Proposition 187 to support his campaign platform when he ran for governor. Many of the claims of those who are pro-187 are not true, said Cortez. Illegal immigrants have actually contributed more to the system than they have received from it. Cheaters never prosper, continued from page 1 student has cheated* a failing grade is issued Afailinggradeon an exam causes class rank to plummet, and the student must take the class again to receive credit for it. Employers regularly ask to see students" transcripis during the interview process. 1 low would you explain a failinggrade? Finally, the most devastating consequence ofcheating is the professor's right to send a letter to the Ethics Committee of the Bar Association, detailing the cheating incident To become a lawyer, a person must pass both the Bar exam and a review by the Ethics Committee. How would you teel it, after three years oflaw school and a grueling exam, you are burred from practice because the Ethics Committee discovered you cheated ona final in your first year of law school. Is one grade worth throwing your career away? Exams are a couple ofweeks away. Though your days may seem a blur oi facts, cases, and notes, and you have begun dreaming about your outlines, do not consider cheating. WhcniluittiicndoflVrs)! i uexam copy or wants to collaborate on an answer to atake-home final, resist .the temp- tation The consequences far outweigh any benefits. JBridge Courses, continued from page 1 spaces obviously because supply is not meeting demand. "The [credit hour] limits to take courses make the most setv;e to offer everyone an opportunity to take one, and because the courses are soconcentrated, it would hard to take more than three credit hours. This allows access for "The chance to be in a substantive, small class is jii opportunity thai almost no other first year student has. We're hoping that the courses will he very enjoyable.challenging,andexciting. Everyone teaching these courses is highly qualified and has exciting and innovative ideas." >aid Ol.sen. He added,"l'm very confident about the success of all of these courses The people leaching Jie excited about thi> and are working hard. Virtually anyone who takes these courses should come away with an appreciation for a concentrated experience upon which to build their legal career and future course work. The direction of courses focuses on detailed courses and the time is right. No doubt about it, this will do nothing but add l<> our students' education,' . This fact is conceded by groups that are pro-Proposition 187. Cortez said that illegal immigrants are doing the jobs that most people would not do. Therefore, they are not really taking jobs away from anyone. The passage of Proposition 187 is important to us, said Cortez, because New York often follows California politically. Thepassage of 187 has spawned similar measures in other states, especially in the southwestern states. Flora Chan, President of AALSA, says that it is important to have discussions like this about Proposition 187, since we get relatively little information about it in the Eastern U.S. AALSA dedicatedpart ofits first newsletter to discussing Proposition 187because it is a matter that affects everyone. Weekly Meetings Mondays 6:30 p.m. Room 724 �EDITORIAL THEQPINION OPINION ~. , ~ Founded 1949 Volume 36, VI No. 6 1811 _ , , . nnr December 6, 1995 Steven Bachman Dietz Managing Editor Samuel S. Chi Editor-in-Chief EDITORIAL: December 6,1995 . The night before finals 'Twas the night before finals and all through the place, Not a student was stirring, not even a trace. Exams are now thrust upon us, and a sadist professor now strains, To stump us with gobbeldygook, and ravage our brains. Outlines were stashed in our bags with the greatest of care, With the hope that they'd be useful once we got there. Time marches, but still we press on, striken with grief, mired in fear, we run out of ink as the deadline draws near. The library is filled full with people burrowed in deep; Everyone is snippy due to lost sleep. On Boyer, on Olsen, on Ewing, and Opanshuk Lenby Graphic Schlegel on Newhouse, on Dubber, on Berger, 'Tis time that torments us, and to those who've been lax, What would we not give for more time to devote to our tax? The pain is short, and soon it is done the test is lost but the battle's won, For now 'tis time, without any fear, to go and to quaff our glasses ofbeer SBA Fiscal Follies We hoped that after last year's SBA budget follies things would get better. We hoped that some serious thought wouldbe given to the process by which SBA disburses funds to the student organizations. We guess it was too much to expect. Forreasons that escape us, theDomestic Violence Task force is being forced to raise $2,000 before the SBA will disburse $1,000 for summer internships. In the meantime, Jessup Moot Court Board is getting $2,000 with no strings attached to host the Northeastern Jessup Moot Board Competition. Some class directors asked why the Jessup Moot Court Board wasn't required to engage in fundraising like other student organizations. The answer was farfrom satisfactory. It is true that the Jessup Moot CourtBoard applied for and received grants from Sub-Board One and the Law Schools Deans. It is also true that the competition will likely help the reputation ofthe Law School. They are to be commended for the effort. Nevertheless, itis far easier to attract such grants for a competition that will draw teams from the Ivy League and enhance the prestige of the school than it is to get funding for the necessary, but unglamorous task oftraining law students to represent abused and battered women and children. We recognize the necessity offiscal responsibility in disbursingSßA funds. But if fiscal constraints are going to force the Domestic Violence Task Force to match the SBA funds two to one, why should Jessup get a free ride? What is wrong with having them sell bagels like the other student organizations? STAFF Interim Business Manager: Production Manager: News Editor: Features Editor: Photography Editor: Art Editor: Letters to the Editor and Engel To the top ofthe curve, to the top hall dash away, dash away, dash away all Lisa C. Nasiak David Leone Jessica Murphy Mike Chase Molly Kocialski Len Opanashuk Assistant editors: Features: David Fitch, Dan Killelea; News: JulieMeyer, Krislen Greeley Photo: John Gasper. Senior editors: Evan Baranoff and Peter Zummo. Computer consultant: Peter Beadle The Opinion is a non-profit, independent, student-owned and run publication funded by the SBA from student law lees The Opinion. SUNYAt Buffalo Amherst Campus, 724 John Lord O'Brian Hall, Buffalo, New York 14260 (716) 645-2147. The Opinion is published every two weeks during the Fall and Spring semesters. It Ls the student newspaper of the State University of New Yorkat Buffalo School ofLaw. Copyright 1995 bvThe Opinion. SBA. Any reproduction of materials herein is strictly prohibited without the express consent of the Editors. Submission deadlines for letters to the editor and Perspectives are 5 p.m. on the Friday preceding publication. Advertising deadlines are 6 p.m. on the Friday preceding publication. Submissions may eitherbe sent to The Opinion at the abovenoted address, dropped offunderThe Opinion office door (room 724 O'Brian Hall), or placed in Box #10 or #280 on the third floor of O'Brian Hall. All copy must be typed, doubledspaced, and submitted on paper and on a computer disk (IBM-WordPerfect). Letters are best when written as a part of a dialogue and must be no more than two pages double-spaced. Perspectives are generallyopinion articles concerning topics ofinterest to thelaw school community and must be no more than four pages double-spaced.The Opinionreads and appreciates every letter and Perspective we receive; we reserve the right to edit any and all submissions for space as necessary and also for libelous content. The Opinion will not publishunsigned submissions. We will return yourdisks toyour campus mailbox or to a private mailbox if a self-addressed stamped envelope is provided The Opinion is dedicated to provide a forum for the free exchange of ideas. As a result, the views expressed in this newspaper are not necessarily those of the Editors or Staff ofThe Opinion. "Congress shall make no taw ....abridging the freedom ofspeech, or of the press;..." To the Editor, It has come to my attention that The Opinion has made a habit of printing inaccurate and questionable stories concerning the Student Bar Association and their expenditures. In fact, I am referring in particular to the editorial published in theNovember 1 issue concerning a joint happy hour which was to be held in conj unction withthe other professional schools oncampus. Without getting all the facts from a member of the SBA, The Opinion smashed the Board for not subsidizing this venture. While we do not make a habit of publishing all our potential business, I have chosen to respond to this one directly. First and foremost, our share ofthe pot was to be $800. That is a great deal of money when you consider that the affair was to be held at The New Pink Flamingo. For $400, the SBA threw a phenomenal function at Heenans, and approximately 200 students showed up. Second, the SBA was not given any guarantees as to how much, if any, money would be returned, depending on attendance. Add to that the fact that the SBA does not have the $20,000 budget that the MBA school has, and you can see why the SBA refused the request. In addition, the mcd school stated that they were only going to submit $500 to this venture, and so the cost that the SBA would have had to bear would have been a greater rial without asking for even a single Board member's confirmation of the reported events. The Opinion also made a reference to theBarrister's Ball. It seems as though this event has become the whipping dog of the newspaper. Let me inform you that last year's Ball was attendedby over 275 people, faculty and administration included. It was by far the most well attended and appreciated event thatthe SB A has funded in recent memory. People have already been asking what date this year's Ball has been scheduled for, and why there are not two, one being in each semester. Finally, The Opinion has blasted the SBA in the past about sponsoring "boozefests." Yet they have now blasted us for not sponsoring one. And to top it off, they have made the Barrister's Ball, quite possibly the SBA's most wellreceived social event, the target of their baseless attacks. In the future. I hope thatThe Opinion confirms theirstories that concern the SBA before printing them. It would lead to less confusion and inaccuracies from The Opinion concerning the SBA. Sareer A. Fazili 3L Board OfDirectors Fazili is a SBA 3L Class Director. Editorial Board note: the purpose of the editorialreferenced above was to point out a missed opportunity to the student body. Fazili may be correct in his assertion that in the past, the Opinion editorialboard air, and the SBA was not ready to put themselves in a position where there was no did not support social gatherings such as the one proposed above. However, it is guarantee of anything if the promised conimportant topoint out that WE are NOT the tributions were not made. The calculation that was printed was past editorial board. As for the Barrister's Ball, we like it. also inaccurate in regards to how much it would have come to per person on the There wasn't anything nasty about our SBA's part. There are roughly 750 students reference to it Oh, by the way, just about in the law school. If SBA pays $800, that is everyone on the current Board was apart already more than the stated $.80 each that ofthe 275 attendees Fazili mentioned. The Opinion printed. In fact, the SBA would have been subsidizing the other school's students when examining the fact thatthe other schools were not contributing the same $800 that we were asked to forproportion thanthe other schools. Let it be clear that no school, neither the medical nor the dental, had committed to this function. It was very much up in the ward. SBAPresident George Hamßoussi has already been in contact with the various representatives from the medical and dental schools in planing a "Malpractice Party," that The Opinion would have known about had they bothered to confirm their story withthe President in the first place. Instead. Jhey bypassed him and printed their edito- �THE OPINION OP/ED December 6, 1995 5 Follies and Fumbles Columnist Greg Mattacola Dole for President no not him, the other one THE REAL FIRST LADY. So far we've seen everyone and their brother step forward and announce their desire for the GOP nomination for President in '96, but what exactly do we have to choose from? The same old politicians, making the same old promises, along with the now compulsory staple of the presidential race; the private sector guy promising to bring business sense to the White House. Yawwn. Where is our standout? Where is that dynamic, intelligent candidate with the experience and the charm? I'll tell you where; she's married to the front runner Senate Majority Leader Bob Dole. That's right, Elizabeth Dole. THIS is a choice. Scope out her resume. Master's Degree, Harvard. Law Degree, Harvard. She was Head of the White House Office of Consumer Affairs for Presidents Johnson and Nixon, member ofthe Federal Trade Commission, Assistant to thePresident for Public Liaisons and then Secretary of Transportation for Reagan and Secretary ofLabor for Pres. Bush. OK, but what has she done lately? How about raising almost 600 million dollars forthe American Red Cross as its President the last 5 years? I had the opportunity to hear her speak last summer and her words were as impressive as her credentials. Mrs. Dole gets the Follies and Fumbles highest compliment; She Rocks! Before you all run out and sign up for her campaign staff, forget it. Despite the fact that she has more experience than her husband, she has already said she has no plans to run for any office or do any double duty if she becomes First Lady, unlike Newt's favorite person, Hillary Clinton. So, where does that leave us, the voters? We getto choose from the same old politicians who could have all come from the same DNA experiment goneawry. Not much of a choice at all. VIVA LAS VEGAS! Either absolutely no one reads this column or you people just don't listen. When I came to school last Tuesday, I expected to seehordes of classmates arriving in their newly purchased Jaguarsandblowing their noses with hundred dollar bills. What am I talking about? I shouldn't have to tell you AGAIN but I will. Last Monday's football game! Haven't I told you that the home team underdog on Monday night won't just cover the spread, they'll win outright? I have. Three times now! And three times it has proved true. What does my Super Duper Source have to do, drive you to Vegas to place your bets? You people are infuriating. up games and intramural leagues. Most of us junkies crave more. I found mine in fat tiresand mud. Close your eyes and picture this, actually, keep your eyes open so you can read but Jo picture this. It is a gorgeous summer day and you are cranking down a mountain in Vermont at 25 m.p.h., a half a second from soiling your spandex in fear or getting the best buzz of your life. It's better than sex. Well, actually it isn't, but it's trates bikers more than when they see a drool inspiring ride with some poser whose never been off the sidewalk. If that's you, stay away from the pack ofriders who have to budget for flat tires, it could be hazardous to your health. THAT'S SHAKY. Back to politics. Election '96 isn't far away and President Clinton is in trouble. He's got a Republican pretty damn good. controlled Congress who lets him do little, Or how about your first race, when some bad business deals hanging over his you're comingoffthe line, fighting the herd, head and he's changed directions moretimes trying to get to the single track first? It's a than a long tailed cat in a room full of goodtime, I tell you! And you don't have to rocking chairs. And now he's sending compete or risk your life to enjoy this sport. 20,00(X) U.S. troops to Bosnia to keep the Some of the best rides are leisurely jaunts peace. I've backed the guy in the past but I through the woods, just enjoying the scenquestion his motives and I'm not alone. ery. Screw the student loans, the homeEveryone wants the Serbs and the Croats to work, the obligations. You'll forget it all, I stop the senseless killing but can oneyear of promise. Your performance is yours alone U.S. intervention stop a 4 year war? And is in this sport but you don't have to be a loner. it worth shedding American blood? I think Its the The trails are best when you're with friends Willie has abandoned sugarplums and has TIRES MUD. last FAT AND column ofthe semester, examsare looming and it can bring couples closer! Despite her visions of George Bush's approval rating dangerously in the puzzling infatuation with a piece ofrock, I after Dessert Storm dancing in his head. He horizon and this town is getting colder stillsay the best gift I ever got my fiance was has neglected two facts. In the Persian Gulf than a witch's...well, it's getting pretty cold. her ownbike. For all you traditionalists who war, there was a common focal point for As I sit on my rump and read the same snubtheir noses at these new fangled, alterAmerican frustration and anger; Saddam sentence about Joinder of Claims 48 times, native sports, I should remind you thatmounHussein. No such luck here, most people my gaze can't help but falllovingly uponmy tain biking is an event in the Summer Olymdon't even understand what they' re fighting love, my baby, my...mountain bike. I'm not pics in Atlanta '96. I am sure if the ancient about in Bosnia. Fact number two is it kidding around here folks, this is serious Greeks knew about full suspension Treks, didn't get Bushre-elected. Even if you give stuff. And since this is a sports column, it is they would have had biking shorts beneath thePresident a huge benefit ofthe doubtand my obligation to my faithful readers (all 6) those togas. This is a sport for everyone of suppose he has no political motives here, to clue you in on the greatest sport of all, all ages but heed these words ofwisdom. If this is still a risky endeavor. Americans are mountain biking. Yes, yes, football and you're one of those J-Crew disciples who very reluctant to lose Americans over a baseball kick butt, along with all the other have to have the latest fad and go and buy a battle thatis not border threatening or doesn't sports that we loved as children. But when top of the line Cannondale with daddy's carry global implications. Goodluck troops, you'res'6with sub-average speed, many of credit card, let the thing see some dirt. shaky move Bill. those sports end at high school savefor pick That's what it was made for. Nothing frus- More letters.... To the Editor: In the last edition of this newspaper an place is not so severe and continuous. The amendment was also irresponsible to the editorial was published criticizing SBA members who voted against an amendment to the SBA bylaws which would require the expulsion ofany Class Director who didnot attend his or her office hours. The amendment specifically provided that members who missed their office hours without an excuse wouldbe expelled permanently from any SBA proceeding. As you might be aware, the amendment was defeated. I am writing to explain my reasons for voting against the amendment and to spell out some of the problems with the editorial disapproving the defeat of the amendment. electing student body. Inreality, the amendment would penalize the class that looses a representative, rather than making the Class Director take responsibility for his or her actions. There must be some other responsible way to deal with those who commit themselves to be representatives of our student body and later do not fulfill their responsibilities, without impairing the repre- I must begin by stating that I, as well as most SBA members who prevented the amendment from passing, favor serving office hours. The editorial,however, assumed that everyone who votedagainst the amendment or abstained from voting on it somehow was against serving office hours. Indeed, most SBA members, including those who voted against the amendment, serve their office hours. My opposition to the amendment, however, results from the severity of the penalty which the amendment would impose on SBA members. I oppose the permanent expulsion of any SBA member merely because they miss their office hours. Kxpclling an elected member for being absent is simply a extreme response to a problem Ihal in the first w sentation that every class deserves. There were also other issues concerning the proposed amendment that the editorial nor SBA members in favor ofthe amendment properly addressed. For example, how would SBA address the problem of a class that looses one or more of its representatives? I assume that no one in favor of the amendment was suggesting that a class who looses its representative was to be underrepresented in all SBA proceedings for the remaining of the year. I also do not thinkthat those in favor of the amendment considered having elections every time therewas a vacancy on the SBA. After all, none of these options sensibly address the alleged problem of absenteeism by our SBA representatives. In addition, the amendment, while not forcing any member out of office who presented an excuse for their absences, failed u> define what constitutes acceptable excuses. Because these issues were not properly addressed in the SBA debates 1 voted against ttic amendi. •' i bus m:r! b'j . ment. I suspect that others who prevented the amendment from passing were troubled by these issues as well. Finally, the editorial did not mention the attempts by those of us who were against the amendment to strengthen the language of the SBA bylaws and require members to attend their office hours. By failing to address or present the real issues behind the proposed amendment, our official newspaper misrepresented the views and commitment of some SBA members to the misfortune of all the law students in our school. Alfredo Acevedo 2L Acevedo is a SBA 2L Class Director Tell us your opinion! If you have an opinion on anything published in our newspaper or on any current events topic'that concerns the law school community, write The Opinion. Letters to the editor are best when written as a part ofa dialogue and must not be longer than two pages double-spaced. Perspectives are generally opinion articles concerning topics of interest to the law school community and must not be longer than four pages double-spaced. AH submissions are due the Friday before we publish. Your letter must be submitted on a computer disk (IBM*WordPerfect 5.1 format). The Opinion reserves the tight to edit any and all submissions foT space as necessary and also for libelous content; we will not publish any unsigned submissions. Send your submissions to The Opjnioq office or place them in box 640 �THE OPINION 6 Shafted, continued. Moot Court competition hosted by ÜB. The Jessuprepresentatiyes argued that j this event would cultivate positive name for UB and added that severali recognition I Ivy League schools would be present in theI competition. j Craig Hurley-Leslie, 2LDirector, then inquired why no attempts at fundraising were made. The Jessuprepresentatives responded that they requested and received grants: from Sub-Board One and from the law school Deans for an amount equalling $2,000.00. The representatives admitted that they decidedagainst conducting bagel salesinfavor offundraising through grants from the Sub-Board and UB Law administration. Jessup was still $2,000.00 short of its goal Werner stated that Jessup is no better or worse than other student organizations that conduct bagel sales and that Jessup should conduct more fundraisers. 2L Director Pr udence Fung, however, advocated granting the $2,000.00 on the grounds that Jessup was an excellent asset to the school and that fundraising is a choicetobe made by the Individual groups. Fung is a member of the Jessup Board of Directors. Rosenberg retorted that Jessup should raise funds like everyone else, JoAnne Howie!, 3L. responded that Jessup did fundraise but in different ways. Hurley-Leslie argued that applying for grants from sub-board and the Dean is not fundraising and compared Jessup's I efforts to "extortionist tactics." Greg Mattacola, IL, agreed with Howlet and argued that Jessup did legitimately fundraise and that the SBA should grant them the $2,000.00. Toth also advocated granting Jessup the $2.000 00 He argued that it brings prestige to UBand praised Jessup's excellent fundraising tactics. ITiompsonthenmentionedthat Jessup should not be penalized for its alternative fundraising methods and proposed a motion granting the Board the $2,000.00. This motion also passed overwhelmingly. The generosity ended here. !'hi final stud, in group to requesl funds from the SBA was the Labor & Employment Law Association (LELA). This organization, with the assistance of the Asian-American Law Students* Association and undergraduate groups, hosted a workshop on child labor the previous week. This workshop touched on labor law issues. LELA representative. Nelson Mar, requested $200 00 from the SBA to cover a budgetary shortfall because the group had to fly in a speaker from New York City. SBA members, however, were hesitant to grant the $200.00 because a member of the student group failed to request the funding before the workshop. This request was contrary to SBA funding policies which requite that student groupsask for funds prior to whenthe money is needed. Mar was well aware of the necessity of requesting funds beforehand, 2L Director Mike Beckelman recognized this violation of SBA policies and stated that it was "just hot right" to grant the group the requested $200.00. Acevedoopposed, nolingthat the SBA had just granted Jessup $2,000,00 outright, and argued that $200.00 was not a lot to ask. SBA Treasurer, Mercedes Lindao, could not agree and suggested that LELA raise the money themselves. FaziU sided with Acevedo and advocated granting the money reasoning that $200.00 was not a lot to ask, even though it was after the event When brought to the floor, the SBA soundly defeatedthe motion to grant LELA $200.00. I \ NEWS December 6, 1995 Library hours not enough by Julie Meyer, Asst. News Editor The majority of students want library hours extended beyond 12 a.m. in the law library during final exams, according to a recent survey conducted by Alfredo Acevedo, 2L SBA Class Director. Over 110 students participated in the survey. Those students who were satisfied with the current library schedule felt that they would not use the extra hours. Answers to the question of how much longer should the library stay open ranged from Ip.m.-3 p.m. to open 24 hours a day. Some students want the library open at an earlier time, instead ofkeeping it open later. Those students who believe they will use the library late at night are particularly concerned about safety. Safety concerns include the parking lot, the basement of O'Brian Hall, and around the O'Brian Hall building. Most students do not mind if circulation services are not provided after 12a.m. Students would also be satisfied if only the second and third floors of the library were open after 12a.m. Almost all students participating in the survey are against non-law students using the library during extended hours. Some students also do not want lawyers from the community using the library during the extended hours. As of December 4, 1995, the SBA Library Hours Group has yet to meet with Deans Olsen and Gibson to talk about hours extension. Olsen has been sick, and unable to attend meetings. Money has been allocated by the Li- brary Hours Group for a public safety student worker to be stationed at the library's front doors to monitor people entering and exiting the facility. To enforce the exclusi veness of library use during extended hours, most students favor requesting identification before en- tering the library. To help with the extended hours, 21 students indicated they wouldbe willing to volunteer to keep the library open, though some students suggested that volunteering should not be required during extended hours. Currently, the Law Library is open Monday through Thursday, 8 a.m. to 11 p.m., Fridays 8 a.m. to 9 p.m., Saturdays 8 a.m. to 9 p.m., and Sundays, noon to 10p.m. 3L places 2nd in national competition by Jessica Murphy, News Editor Joseph DiVincenzo, a third year student, recently placed second in a prestigious national writing contest sponsored by the American Judges' Association [AJA] and American Judges' Foundation [AJF]. Over 2,900judges are members of the American Judges' Association. The American Judges' Foundation sponsors theactivities of the American Judges' Association as its research and education offshoot. DiVincenzo, who originally wrote the article to fulfill a law review requirement, wrote the piece entitled, "The Federal Death Penalty: Prevailing Federal Political Views and The Clash With Current Federalism." "I had written the paper, and when it didn't get chosen for thelaw review, I put it away for some time. But, then I saw the American Judge's Association competition was looking for papers focusing on procedural/judicial issues, so I submitted it." DiVincenzo explained that the paper focuses mainly on individual states' rights rather than the death penalty alone. "It is more a state's rights and tenth amendment piece with the passionate issue of the death penalty thrown into it," said DiVincenzo. "People are stepping overthe line in today's anti-crime atmosphere. They are ignoring state's rights." "Timeliness was a main factor here," said DiVincenzo. "I used a lot of cases that had been recently argued before the Supreme Court. One case in particular was a decision overturned by the Supreme Court to uphold the individual state's right to use the death penalty or not." "I thought I'd never hear back [from the American Judges' Association], letalone receivesecond place! I now have the chance be published in the [American Judges' Association Law Journal] "Court Review" Spring 1996 issue." to DiVincenzo gained experience in the area of federal death penalty law during the summer of 1994 when he worked at the United States Attorneys' Office. He was a part of a team that worked on the first death penalty case to be prosecuted in New York State in nearly 20 years. Eventually, the defendant took a plea bargain, and ultimately avoided prosecution under the federal death penalty statute. "UB [Law] students chronically underestimate their abilities. I took my paper out of the UB arena, and I did well...We underestimate our education. Whenstacked up against other nationally ranked schools, we are on their level, or above it." DiVincenzo received an award certificate, $750.00, and the right to publish his paper. Other winners were, in first place, Kathy Jo Cooke of Suffolk University Law School and, in third place, Ryan S. Bexerra of the University ofCalifornia at Berkeley. 3L helps create lifeline for students by Jessica Murphy, News Editor Harvey Siegel, 3L, is currently the liaison between the NewYork State Car Association and UBLaw School in its implementation of an alcohol and drug treatment policy for law students and lawyers. The official policy of UB Law is to refer students who need treatment and assistance for drug and/or alcohol abuse in a "confidential and compassionate manner." The policy of confidentiality means that there are no academic or disciplinary consequences ofadmitting to and asking for help with addiction. If a student cannot finish a semester, then their transcript will indicate a medical leave, nothing else. This policy is unique because it allows law students to recover, and still have their careers. The confidentiality requirement prevents letters and/or other damning materials relating to a student's addiction from making it to the character and fitness portion of the State Bar exmainiation. ÜB's official policy coincides and works in conjunction with the NYSBA's Lawyer Assistance Program [LAP], The Lawyer Assistance Program is available to anyone involved in the legal profession, including family members, and is free. LAP is an extension of theNYSBA's Committee on Lawyer Alcoholism and Drug Abuse. UB students do not necessarily have to pursue help through the law school, andwill obtain the same level of confidentiality no matter what sort of treatment program they choose. Siegel's compilation ofanofficial written drug and alcohol treatment policy is the second ofits kind to be implemented across the nation. "This policy is a model for schools nationwide, " said Siegel. The figures reflecting law student use and abuse of alcohol and other drugs is shockingly high. According to a 1991 American Association of Law Schools study, 37 per cent of students indicated that fellow classmates were regularly impaired by drugs or alcohol, and 21 percent of students indicated that their professors demonstrated addiction problems. Barrister's Bowl Blowout by Sarah Braen, News Reporter Twoteams from UB Law School were victorious November 11 when Bar/Bri Bar Review held itsfirst annual Barrister's Bowl Western New York Regional Competition in Syracuse. Six students constituting two teams represented UB Law School at the competition. The team members from UB Law were Jack Bell, Sarah Braen, Ben Dwyer, Adam Easterday, Sareer A. Fazili, and Les Machado. Albany Law School, Cornell University I .aw School, and the University ofSyracuse law School also sent two teams each. Competitors were not required to be registered with the Bar/Bri course to participate. TheBarrister'sBowl matchesconsisted of 60 questions asked to two teams of three people in the course oftwo 30-minute halves. Questions were drawn 15 percent from legal knowledge, and 85 percent from general knowledge. Teams answered questions rapidly, having only five seconds to answer after activating their buzzer. If the answer was incorrect, the other team was given five seconds to attempt an answer. Matches went quickly. Four quarterfinal and two semi-final matches eliminated all but the two teams from Buffalo. Both UB teams will advance to the "elite eight" state final rounds in New York City on February 3 and 4. The "elite eight" matches will draw more significantly from legal knowledge than the regional matches. Each participating team member will receive a $100 discount toward tuition in a Bar/Bri course. Bar/Bri also awards cash prizes for team members and the law school's SBA if their teams go to the final matches. Both Buffalo teams were pitted against each other to establish seating in the final matches. Both teams placed well, and will represent UB in Febru. y �December 6, 1995 THE OPINION FEATURES 7 It's Miller Time Our newest faculty member is into "excellence without attitude" by Kristin B. Jones, Contributing Writer Asked what she likes about her new home, UB Law's new professor, Teri Miller, saysthat "Buffalo is about excellence without attitude." Professor Miller, who graduated from Harvard University Law School in 1986, says that although studying law at Harvard was an exciting experience, she was troubled that "people felt that what happened at Harvard affected the world." Says Miller, "most law schools are bastions of elite legalism and turn out little elitists." But she believes that UB Law is quite different. "I was Professor Teri Miller impressed with Professors Isabel Marcus, Nils Olsen, Peter Pitegoff and development of legal and social systems in both the United States and George Hezel andtheir visionfor teaching. An empowering, interactive and South Africa, which tendto exclude on the basis of race. Her goal is to devise non-elitist vision. "Law teaching allows you to do a list of recommendations for ways what you want with a public service that South Africa can improve in light interest in mind, making real changes of its new "non-racial rule". that matter to people who are not elites." Before joining the faculty at UB Indeed, Miller is working to effect Law, Miller both practiced and taught some ofthese changes both inside and law, as well as clerked, among other outside the classroom. things. She graduated from Duke UniCurrently, Millerteaches Prisoner versity in 1982 with a degree in PsyLaw. Beginning next semester, she chology. Miller remarked that law school was not something she considwill teach Contracts and a ComparativeLaw Seminar whichfocuses on the ered seriously until her last year of college. While graduate study in psychology was an option she of the community in a nonthxeatening way." She adds, "the program made a seriously considered, she said that she chose law because "it allowed me to have exposure to a lot of different things." She entered Harvard University Law School in 1983. tremendous impact onthecommunity." Despite her success with these ventures, Miller admits that she still wanted to return to teaching. "In the end I came After receiving her J.D. in 1986, Miller headed to the University of Miami, where she taught Research and Writingfor two years. In 1989, she graduated from the University of Wisconsin with an L.L.M. A one-year federal court clerkship in the Southern District of Florida followed, during which time she coordinated two federal court programs. Subsequently, Millerpracticed commercial law with the Miami office of a New York City law firm for two years. Miller kept very busy during these years. After law school and during her two year stint at the University of Miami, she also wrote screenplays, travled and attended film festivals. - back to what I like the most teaching." She explains that teaching gives her "the freedom to pursue various things I am interested in learning about." Judging from her current and future projects, Miller has many interests. Presently, she is working on an American legal history article. Her interest in the social and legal construction of race lead her to study a nineteenth-century mutiny in which 53 Africans - illegally trafficked from See Miller Time on page 10 Inside... Miller later worked as a Project oordinatorfor a community program Prof. Newhouse or at-risk youth. She notes that she njoyed her work with the children, >articularly because "we reconnected ie children with the elderly members Moot Column Exams! Again? So this is what it all comes down t0... by Dantela Almeida-Quigg, Writer help the less fortunate? To see liberty and justice for all? Well, time to put all that frivolity behind you because it is theend of the semester, and you really need something to save you from getting sucked into the holiday spirit. That is why law schools have come up with final exams. people do, they consist of doodles, notes to the person sitting next to you, and really helpful sentences like this: "The most important issue in Marbury v. Madison i5.... (something about constitutionality?)...." I attended a small uni- versity proud of its "liberal arts" focus. They perceived sentence using-those letters: around you nicely to type a little qui- eter. I am sure, they will .comply "All My Candy is Hidden." Now it will be impossible for you generously. to forget the elements of a crime. HelpNow we come to the subject .of your exam. ful, huh? When the day ofthe exam comes Law professors love to drop a little humor into their exams in an attempt to seem a little more humane. It generally has the opposite effect; like, they know I am reading this question that I don't understandand it is all a big joke to them, and this is my life on the line....but I am not para- that studies have shown that the best way to learn was in small, intimate groups with noid or anything. The professors come up with absolutely outrageous fact patterns, with hilarious situations, with comical names like O.J. Slimeson and Johnnie Cockroach. Try not to be so overcome with helpless laughter that you are unable to complete your exam. Try to spice your exam up with a few little jokes of you own. Professors must love the humorous puns and banter you can slip into your free-flowing discussions, to have frequent exams on small amounts of material, and to receive lots of positive feedIt is only reasonable, then, thatlaw schools do none of this. Law school exists for evaluating our intellect, so naturally it would follow that you should have one exam with no feedback before taking it. Since the professors won't tell you how to do well on these exams, you will have to rely on my expertise. No, I didn't make law review, but I know a few people that did, and I think that makes me some kind of an expert...or at least a friend of an expert, and frankly, if you are looking to The Opinion for exam advice, I probably have all the information you can FEATURES handle... Prst, you have to make an outYou can work on an outline alone, spread out all of your notes (which you've meticulously taken every day), confirm them against the commercial outlines and your text....and then WAKE UP!! If you take notes like a lot of Photos by Mike Chase Then you run around screaming like a lunatic, that you only went to, like, nine classes; and, who signs up for an 8:00 class as a second-year anyway, and I thought I had most of the notes, and I thought I had done at least most of the reading So, I think it'stime to face up and just buy the commercial outline and memorize it. Now, memorizing an outline sounds ominous I know, but some of them come with helpful little devices to help you remember the important issues. Let's take Criminal Law and the elements of a crime. We have the Actus Revs (guilty act), Mens Rea (guilty mind),Concurrence(ofactand mind) and Harmful result. So, we have A, M, C, and H. So, find a you can either take it in a room with almost the entire class taking it with you, or you can type it upstairs in the 4th floor. So, really, your choices are taking it in a room where you may become obsessed that others are finishing the exam before you, that people have more outlines andthat you don't haveenough colored tabs on your books. Don't let these little things bother you, it doesn't mean a thing other than those people studied harder, are more prepared, are obviously superior and what do you think your doing in law school with these people anyway?? Or, you can type it, where the noise from everyone else's keyboards may become a little distracting, too. If this occurs, simply ask everyone else exam. You will generally get no feedback after your exams either. I went and looked at a few of my exams after they were "graded." This was generally a complete waste of time, only causing me to go intoveteran-like flashbacks of the entire petrifying event. Some professors do give helpful comments, others must simply feel that comments would only permit me to do better next time, and that would upset the whole ranking process. Speaking of which, don't despair don't do as well as you hoped. It you if is an amazing and unexplainable mathematical event which causes only 10 percent of the students to be in the "top L0%." Unthinkable! �8 THE OPINION FEATURES December 6, 1995 Moot Column by Dan Killelea, Asst. Features Editor Success can be yours... Now that the semester is winding down and we're moving towards Christmas Break, many ofyou are undoubtedly looking ahead to the Winter Interviewing Season. As might be suspected, I've been there. And while I understand that most of you can't expect to get an interview with a nationally known firm like Jacoby and Meyers, I think I can generalize my advice well enough so that even those not following exactly in my footsteps will be able to take something out of this. A lot has been said about the Lunch Interview, and with good reason. Therein exists a pressure-filled environment in which you're trying to appear intelligent to the associates interviewing you, while at the same time trying not to order lunch without looking up at the menu above the cash register. It just doesn'tlook good if you don't know what you mean, let's face it— whohasn't been to onald'sabout a thousand times already?). Once you're there, and your lunch is underway, there are many subtle things you may do which may rub an interviewer the wrong way. Whether you're interviewing at an Environmental firm or not, you don't want to order anything in a styrofoam bowl. The squeaks they make when you're trying to get those last few bites up with a plastic spoon would grate on ANYONE'S nerves. And unless one of your interviewers has already ordered one, don't ask for a large soda. You certainly don't want to be the only one still belching when you get back to the firm's office after lunch. Most importantly though, don't order any beans or chili, even if it's only on your potato (this can be especially tempting if you're on a second interview and they take you P(I the mustard to say that you'ye always wanted to work for the Sears Financial Network (when I tried it, I think it came across as up). Also, be sure to find out the ms addresses, and write them downere's nothing worse than driving through every shopping center on Transit Road only to find it was Niagara Falls Boulevard you were supposed to be searching. Even after doing all that research, and toughing it out through a grueling ten-plus minute interview, your job is not done. One ofthe ways to make sure the people who've conducted your interview will keep you in mind is to send them Thank You letters. by These are, obviously, more informal, friendlier notes, but they should STILL be written on yellow legal paper. And for goodness' sake, don't do anything "cute" like dotting your "i's" with smiley-faces. Signing your in bright red or green ink is about as you should get. *ssing Opanshuk Len graphic to Wendy's Super Bar). Believe me, you will have the WORST breath. When you get back to the office for the second half of your interview, it will be especially essential to stay focused on the discussion at hand. Forget about what you had for lunch, forget about what you're doing for dinner, and DON'T start looking out at the shoppers in the store across the mall. It's a good idea to have done some research on the firm you're interviewing with. A goodplace to start is by lookingthem up in the phone book-- the more successful firms will probably have the full-color ads. These people want to know more than just why you're good fortheir firm; they want to know why their Ename discouraged if you don't hit paydirt on your If you keep your nose to the grindstone and take my suggestions, you should at least be able to get a few call-backs, and maybe a job offer or two. And if you don't get a job, you can use your rejection letters to get sauced (a lot ofbars have specials where you can trade them for free beer, you know). Interviews or no interviews, enjoy your break— it may be one ofthelast times in yourlife when you have the choice of whether or not your daily life will revolve around the law... See you in February! '. PBSA: Another alternative for Legal Employment for students interested in the Public Interest by Sara Meerse, Special to the Opinion As you may recall from your Ethics Currently, the database has ap- proximately 30 agencies in the class, CANON 2 of the Lawyers Code of Western New York area which Professional Responsibility states "alawyer are eager to receive help. Going should assist the legal profession in fulfill- to New York City during the ing its duty to makelegal counsel available." break? There are hundreds of Law school prepares you to become an agencies in the New York metroattorney; Pro Bono Students of America politan area participating in PBSA, such as Legal Aid Society offers you the opportunity to assist in increasing the availability of legal services to Criminal Division, Brooklyn those in need. D.A.'s Office, Center for Economic and Social Rights, Natural UB Law has joined several other law Resources Defense Counsel, Ofschools in participating in PBSA, a national fice of the Comptroller of the database of law school public interest and Currency, QueensLegal Services, pro bono programs developed at NYULaw. Planned Parenthood, and Office The database contains approximately 1,700 of the Public Advocate. pro bono positions located throughout the Volunteer work can have country which are available to first, second, and third-year law students. The agencies long-lasting benefits. Besides vary from public interest organizations to gaining hands-on practical experience and building your resume, private firms with pro bono dockets. a volunteer position provides an Through PBSA, law students volunopportunity to network. Not only teer anywhere from 5 to 15 hours per week can you network within your Visit the Career Development Office on the Sixth Floor! working on various issues including civil agency, but you'll begin to get rights, criminal law, poverty law, adminisyour name out to people in agencies with ship program that is based on pro bono trative law, labor law, disability law, and which you have contact. activities. And, the American Bar Associamure. In place of working on a weekly basis, tion Law Student Division began sponsorstudents can volunteer on a project basis. If Across the nation, law communities ing the annual Work-a-Day volunteer proyou're looking for something to do over the are recognizing the importance of pro bono gram in 1992. long winter recess, why not work pro bono work. In 1993,theSupremeCourtofFlorida on a project? Pro bono is an important component of adopted a voluntary pro bono plan to into assistance the crease the availability of legal judicial system. It helps ensure access to If you are looking to work in the Bufof Pubthe poor. The National Association "justice for all." PBSA increases responfalo area during the school year or in other lic Interest Law (NAPIL) worked with the siveness to the needs of Buffalo residents, regions of the country during the long win- Legal Services Corporation last year to es- and you can become a valuable member of ter recess or summer. PBSA is for you. tablish a summer rural legal corps fellowthe community. On a more practical level, as a student participating in PBSA, you gain legal skills employers seek in this tough job market. If you are interested in PBSA, stop by CDO to set up an appointment. Bring a copy of your resume! Sara Meerse is a GraduateAssistant in the Career Development Office �THE OPINION FEATURES December 6, 1995 9 Wade Newhouse, a teacher by chance... A UB Law professor for almost 40 years and still dedicated to teaching by Len Opanashuk, Art Editor Upstairs on the fourth floor ofthis law school, tucked away in one of many nondescript offices, sits a man who has literally made his life's work teaching. Some have referred to him as the world's first nuclear powered-professor, based on the amount of energy he puts forth in the classroom. In truth, he is simply driven by the desire to see his students learn. Those who know Professor Wade Newhouse or have had him for class will immediately recall his thick southern accent. He jokes, "a bunch of skeptical law students...l tell them lam from South Buffalo and nobody believes me!" Actually, Professor Newhouse grew up in a relatively small southern family in a little town located just north of Memphis, Tennessee. Born duringthe "RoaringTwenties", he grewup during one of the toughest times in American history, graduating high school at the height of the Great Depression in 1940. "Times were tough. Growing up in the Depression, people thought it was never going to end, then along came World War II and that changed everything. People should remember that where we've come from isn't all that far back." Professor Newhouse decided that he wanted to become a lawyer in high school. When he graduated in 1940, only two years of undergrad was required. At this point, being too "stiff-backed" to ask anyone for help, he began trying to figure out exactly how he was going to afford college during these tough times. For about a year after high school, he spent his time working in a warehouse in Memphis. Then, in 1941, he began going to an unaccredited night law school just to read law. "In September of that year I started at that school. It was me and about 20 or 30 insurance adjusters in some building downtown. I was saved from a fate worse than death, probably, by Pearl Harbor." Professor Newhouse considers World War II as the start of a series of chanceinfluenced changes that shaped the course ofhis life. "Serendipity plays a role in most people's lives, more than most people like to admit, I think. Where we are and what we are doing is because we happen to be in a certain place at a certain time. So, after Pearl Harbor, I enlisted," explains Newhouse. Professor Newhouse became a control tower radio operator for the Air Force on the Pacific Front, andremained in that position for about two years.His next "serendipity" came in August of 1945. The Government had announced the G.I. Bill, which would become Newhouse's ticket to college and law school. On August 1,he began a 45-day leave in the states. One week later, the U.S. dropped the atomic bomb on Hiroshima and began letting soldiers come back to the States by the numbers. Instead of having to wait for his number to come up, Newhouse was eligible for immediate release since he was already here. If he had still been overseas, it might have taken him six months to get back. Instead, on September 15, he was out and heading for school. After the war, he began a two-year program at Southwestern, asmall liberal arts college in Memphis.The next "serendipity" occurred when a particular political science professor named Amacker caught his attention. He decided that political science was interesting enough to get a degree in and at this point became interested in international law and politics. "Nineteen forty-eight comes and, I think, that's the first yearof the LSAT. I decided,alright, I'll ,. go to law school. Bill would only two cover years, however, Newhouse never finished applying he - sent out only two applications: one to Michigan and the other to Virginia. "Michi- gan accepted me and I fig- ured, okay, I'll go to Michigan Law and that was the next bit of 'serendipBishop was there in Inter- ; Prof. Wade Newhouse national Law and I was very interested in that sort of thing. I got to studying with Bishop and all the stuff he did. I sort of danced tomy owntune through law school." Professor Bishop, who had a national reputation at the time, helped to give Professor Newhouse direction. "He thought he might be able to get me a position in Washington for three or four years, then I would go back and get a Ph.D. in political science and move on into international politics." InJanuary 1951,Newhouse was graduating from law school. His hopes of getting a position with the Legal Advisors to the State Department were shattered when Truman instituted a job freeze. They told him to come back in six months and that maybe the freeze would be lifted. As it turned out, Professor Newhouse continued in Michigan withthe new legisla- tive research center working on a book entitled Uniformity in Taxation. This was a one-year post that turned into two. Then, in 1953, he was going to return to Washington, except that none ofthe jobshe wanted were open. Instead, Bishop gave him the idea to teach law. Creighton University Law School had an opening in international and constitutionallaw, which Newhouse accepted. In 1957, he took a leave of absence from Creighton and went to teach at Columbia University School of Law. He never went back. Instead, he came to UB Law in September of 1958. While teaching international and constitutional law here, "I made the 'mistake' of ending up on a school board. I had children in the district. By 1971 I was involved and had abandoned international law and began teaching 'Law and Public Education.' "This was the next 'serendipity' that changed my life. It wasn't really respectable back then. At this point I was a full professor with tenure, but, I said, I'm going to lose the false pride and start all over again teaching school law, focus on public sector law, and not only that -1 am going to teach New York law." On the school board, Newhouse became a member of the community and was deeply involved in community affairs. "I got to working with a parent's group dealing with learning disabled and handicapped children and I realized that there was much there that was being ignored. "1 never really regretted giving up international law. I became a part of the community and academics don't always necessarily become a part of the community. I havenor,e£rutKiit alt. I wouldn't have he first bega teaching scho lon law in the Educ schoo ewhousedecidec tryoutasemin ir law students following year Newhouse proposed that Rosenberg be made part of the faculty and as a result Rosenberg started in the fall of 1971. Rosenberg would later take over the directorship of the program and convert it into an in-house hands-on clinic. Newhouse says that the clinic came from all their experience in the community. "With the clinics, you had to be careful about who you took on according to the Bar, but with us it didn't matter because there was no one else to do the job at the time. This was prior to any significant federal statute there were only state statutes. "Now it has become a large enterprise. Now, under Melinda Saran, the clinic has become a major part of our clinical program with more than enough work for it to handle." Newhouse knew he would either teach or work in government when he graduated - >andon interna)nal law and go with school law. During the summer an incident occurred in the city and we got to help- from law school. When told that he seemed to care a lot about his students, he replies, "well, you shouldn't be doing it unless you know what your obligation is, what your 1 duty is." Right now, Newhouse teaches school law, public sector labor law, and, ing someone when Norm suggested the idea occasionally, constitutional law. "About of a clinic. I told him he had a big mouth and three years ago I told the Dean I'll retire if they'll let me go emeritus and continue on that he ought to come with a program! "He came up with one and in the spring of 1971, we had the first successful school The clinic was so successful that the full-time doing my specialties, filling in for See Teacher By Chance on page 10 Poetry by Scan Shannon I Couldn't Sleep at all Last Night Two exams were to be given on [he same day, and being the unprepared student the more I prayed, that somehow I could teach myself the Federal Income Tax Code in one day. f searched far and near amongst my friend'; dear, to see if they might be able to alleviate my fears. But others outlines were not permitted: I had no right My old ftKiiiLs 1 egalincs, Emmanuel and Nutshell and the like would not bear me solace; it was my own fight. The A&R staff were not sympathetic and would not give delay, saying that "its time for you to pay for your procrastinating ways." 1 appealed to a higher authority: the SBA, but they did not care for there were more important matters; the bars needed to be paid. The Dean would not see me, his secretary said with a scowl, "'if you don't know §61 your experience here will be foul." I went to the Law Review to get their advice on my fate, but I was told with a shrug I had been "5 minutes too late." So I settled at my desk with a plain cup of joe, for no mocha yuppie juice would be true, give me strength, for the task I needed to do. 1 struggled through income and charitable rights and realized that it was possible. I just might. to The day ot the exam came and had not slept a wink. The exam was blurry, and my pen had no ink. And the students looked strange, and the room did not seem quite ri^.ht, but I had made it to school, which is half the fight. I borrowed a pen and proceeded to write, and by the end of the exam realized something was not right. Negligence and intent were not in the Code, then I came to the conclusion I had flunked the wrong exam cold. ...with apologies to Robert Frost and Dr. Seuss �THEQEIMPN 10 FEATURES r WdhMm"ms Student Perspective: The Wednesday Night Clinic: A Worthy Venture by Rita McKenna, Features Writer Inconjunction withthe VolunteerLawyers Project and Haven House, the Domestic Violence Task Force is involved in a weekly clinic that offers legal help to poor battered women. These women often come to the "Wednesday Night Clinic" with an array of problems. Due to the abuse that they have suffered, reaching out for help can be very difficult. The Clinic helps steer women toward the legal help they need in an intimate and non-threatening setting. Women are referred to the Clinic through Haven House, a local shelter for battered women. Some are clients ofHaven House and others hear about the Clinic through Haven House's Hotline. In order to qualify, the woman's income must be below a threshold level and their problem must involve domestic issues. Many ofthe women come seeking advice on divorce, custody, or protection orders. While some women come to the Clinic with an individual legal question,the majority need more extensive help. Students involved in the Clinic conduct basic client interviews to see if the woman is eligible under the income requirements and if the lawyers involved can handle the problem. I f these requirements are met, then the client meets with one of the Clinic's lawyers. All of the Clinic's lawyers are experienced in family law. Once assigned, the lawyer assesses the client's situation and offers basic legal advice. Following this initial consultation, Susan Fraunfelder, a third-year law student and coordinator of the Clinic, works with a member of the Volunteer Lawyers Project to decide what legal services group in the area is best able to help the client. Many of these women can get help from the Project or from Neighborhood Legal Services. These are income-based programs that focus on domestic issues. The group that a woman is referred to is given the information taken during the interview to begin the process of helping her. Unfortunately, in some instances, there is no local organization that provides the assistance thatthe woman needs. At the Clinic, I sat in on a consultation with a woman who wanted to get a legal separation from her abusive husband. After interviewing herfor just a few The Domestic Violence Task Force Office, Room 604 O'Brian Hall minutes, though, it became apparent that this woman had a number of intertwining eaten nor slept in a few days. Mr. Sugarman my interest in doing public interest work. I legal and personal problems that needed to did not just encourage her to get help. He was also surprised at how much I learned be dealt with. gave her some phone numbers for a counfrom just sitting in on the consultation. The I was impressed with the sensitive seling center, a food bank, and a women's combination of passion, knowledge and manner in which the students and the attorsupport center, plus, concrete advice on commitment demonstrated by thevolunteer ney,Steve Sugarman, handledthe situation. how to go about getting more help. students and attorneys left a lasting impresFor poor battered women, access to sion. Mr. Sugarman offered the woman a number of options withregard to her legal problems. legal help is very limited. The Clinic fills an For more information on the Clinic ana But he also addressed her personal needs. important need while giving those students the TaskForce in general, just stop by Room The woman fit the profile of many involved the chance to gain some unique 604. Also, Haven House's Hotline number battered women seeking help: she was emoand worthwhile experience. is (800) 884-6000. tionally overwhelmed and she had neither For me, attending the Clinic reaffirmed Miller Time Teacher by Chance continued from page 7 continued from page 9 - West Africa to Cuba seized control of a slave trading vessel, and eventually became the subject of litigation. TheAmistadCase, as itbecame known, was ultimately argued by John Quincy Adams before the U.S. Supreme Court. The issue? Were the Africans cargo within the meaning of a treaty which, if applicable, would command their return to Cuba (and almost certain execution)? Or would they have their freedom? In the end, the Court ruled in favor of freedom. men. "Their power is derivative. Drugs and men. In prison, white male guards act as custodians and authority figures over many of these women. But when they get out of prison, wherealong the way have they been empowered? Thereis no process ofhelping them to build themselves." She argues that, "by tying in economic opportuities, by helping women help themselves, they can then successfully make the transition from incarceration to unincarceration." Discussing future projects, Miller said that she is interested in studying self-affiliated institutions. "I wantto look at the ways in which minority communities can use privatization as a means of improving the quality of public education." She is also interested in studying women prisoners in America. "Women in prison are largely unempowered. They get involved in crime through substance addiction or by participating in crimes with their t University of San Diego Another future project Miller looks forwar to is an academic expedition on a sailboat tracing slave trading routes. She wants to gather archaelogists, lawyers and people from other disciplines to do research in port cities along the African coasts. She believes that this project is at least ten years away, and she is now working on getting a captain's license. In addition to teaching, researching, and writing, Miller is working with both the Graduate Group on Human Rights and Justice in Democracy. Human rights work has long been one of her many interests as she received a Human Rights Fellowship to work in South Africa in the summer of 1986. con law once in awhile." Now, that is exactly what he does (for a little less than half his previous pay.) After almost 40 years at UB Law, the professor sees little change in the student body. "Not in terms of quality. The quality has always been top notch. In 1958 this was just a local school and now it attracts students from all over. I am not convinced that the interests are any different though." As far as plans for the future, Newhouse says, "I plan on staying on here until I can't. Outside of law school, the professor spends time sculpting, sailing, scuba diving, swimming, and playing racquetball. Since her arrival in Buffalo four months ago, she has found the Buffalo community to be "inspiring, welcoming and nurturing. It took me six years in Miami to build a I focus onthings day to day. I'll worryabout community, but people are veryresponsive tomorrow when it gets here. I don't see to community in Buffalo." myself doing anything different. I have my As for UB Law, "I knew that Buffalo hands full now just trying to keep up with was the place for me. After talking with what I have got." Nancy Staudt, Isabel Marcus, Guyora Professor Newhouse is here for his Binder, Lucinda Finley, and Stephanie students, an idea that seems to be getting Phillips, I was impressed with the diversity lost somewhere in today's academic enviof their interests and with the fact that they ronment. In the face of this comment, he could do such different things and like each simply replies, "the door is always open." other. That was real encouraging." This is what drives him. This is what he does. Join the Opinion Master of Laws IN Taxation Master of Laws IN InternationalLaw Master of Laws General (concentrations in Business, Corporate, Environmental, and Criminal Law) For further information: LL.M. Program University ofSan Diego School of Law 5998 Alcala Park San Diego, CA 92110 (619) 260-4596 Be published, make your parents proud I Drop a note in Box 640, call 645 2147, stop by room 724, or e-mail sschi@acsu.buffalo.edu �O THE PINION THEDOCMra 1995 1 Good luck on Finals! Happy Holidays! Next regular issue of The Opinion: February' 96! + HOLIDAYSALE! UB Law School Bookstore Get your holiday gifts for less! RE: SBA COURSE & PROFESSOR EVALUATIONS TShirts Boxer Shorts Coffee Mugs A This week, course evaluations have been distributedin most second andthirdyear classes. Your reSpOnSe tO these qUeSltOnnaireS iS VERY impOr. r~ ». you have missed a class (or classes) this tant. If week and were not able tofill out a formfor any one of your classes, please pick one up outside of the SBA office and return it to 80x#670, or to the SBA j*ri office. i x 4 * WeatSltlltS & MORE The Bookstore is open until December 7, so hurry! HOURS: M&W 11:00-3:00, TU&TH 10:00-2:00 \\ %, r- ™ { — : \ FOUND! I Thank you for your cooperation. ~ \ k . An Ireland sweatshirt found in Room 209.... See O. Zeve, Room 711. \^ M Jm ■''■■im PersimaLs art FREEH! Place yourpersonals in box # 640 and we will print it. �12 THE OPINION ADVERTISEMENT December 6, 1995 "Good Luck with Final Exams" For more than 25 years, BAR/BRI has guided over 500,000 students through law school and the bar exam! BAR REVIEW TM Let the POWER OF EXPERIENCE work for you 1-800-472-8899 � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Opinion, 1995-12-06 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. The Opinion no. 6 06.12.1995 Date Issued Date of formal issuance (e.g., publication) of the resource. 12/6/1995 Bibliographic Citation A bibliographic reference for the resource. Recommended practice is to include sufficient bibliographic detail to identify the resource as unambiguously as possible. 36 6 Publisher An entity responsible for making the resource available University of Buffalo State University of New York at Buffalo Law School Language A language of the resource eng Type The nature or genre of the resource Newspapers Text Is Part Of A related resource in which the described resource is physically or logically included. LIB-LAW003 Rights Information about rights held in and over the resource <a href="https://rightsstatements.org/page/CNE/1.0/">COPYRIGHT NOT EVALUATED</a>. The copyright and related rights status of this Item has not been evaluated. Please refer to the organization that has made the Item available for more information. You are free to use this Item in any way that is permitted by the copyright and related rights legislation that applies to your use. This digital collection is made available for research and educational purposes. Researchers are responsible for determining copyright status, and securing permissions for use and publication of any material. Copyright for items in this collection may be held by the creators, their heirs, or assigns. Researchers are required to obtain written permission from copyright holders and the University Archives prior to reproducing or publishing materials, including images and quotations. For inquiries about reproduction requests and permissions, please contact the <a href="http://library.buffalo.edu/archives/">University Archives</a>. If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/0904d10f38019c1ab88c779d6f8b58a1.pdf 78caa449af1399804aef9159a9f8b128 PDF Text Text J EDITORIAL Leadership 101 with Blood and Tears. See page 4 I OP\ED Follies and Fumbles. See page 7. J FEATURES English Teacher turned Divorce Lawyer. See page 5 Wrenchhead. See page 2 Bringing the issues to the students since 1949 THE OPINION Volume 36, No. 5 STATE UNIVERSITY OF NEW YORK AT BUFFALO SCHOOL OF LAW November 15,1995 Sorry, no one's home SBA fails to toughen attendance policy, Werner, Hurley-Leslie, Hemmeter, Acevedo oppose proposal byDeshika Botejue, Reporter tact person and a treasurer, prior to SBA of the Student Bar Associabudget hearings in the Spring. n Tuesday with motions to better The third motion proposed that eleceat the law school. However, tions for an SBA Executive Board also be disagreements over fundamental SBA reheld prior to the spring budget hearings. The current SBA Parliamentarian would sponsibilities led to the defeat of onemeasure and a reevaluation of party SBA members' duties. Tilt SBA and West Bat Review are sponsoring an esptesso social on Thajssday, November 16, Hie social, Entitled "Mea Culpa" starts at 6pm. It is th< brainchild of ILCfess Director Steve Salob, and will be held at the son presented Coffee Bean coffee shop on Main Street near Simth Campus. four motions Salobsaidthat be wanted tohold the coffee social to make up for the to amend anc loss the first year class suffered after the SBA cancelled the orientation addby-lawsto picnic at Balrd Point. "Nothing," Salob said, "was done to redress the the SBA constitution. The The Baird Point picnic, a perennial first year orientation ttadition, first three was cancelled by the SBA because the University wrote down the wiong passed by date and could not provide tables the day the event was to be held. acclaimation Salob said that heand about two dozen first years waited for an hour meaning that on a cold, tainy September day before anyone came and told them the no SBA memBean onpage 3 Sec Ebers sam by chi SBA holds Mea Culpa Edichitoersfs Coffee by-laws. The second required that student groups elect their executive boards for the following year, consisting of at least a con- receive the names and addresses ofincoming SBA and student group Board members. The fourth motion, however, caused heated debate. The motionrequired all SBA members to hold office hours for two hours per week. ted, "I didn't know the office hours were mandatory," and was uncomfortable with the idea of automatic expulsion if a member missed 4 unexcused office hours. Craig Hurley-Leslie, 2L Director, was If a member misses four office hours or typically misses meetings without an excuse, the motion proposed that the member be automatically expelled from the SBA. Julie Rosenberg, 2L Class Director, equally troubled by the harshness of the initially moved for a friendly amendment to automatic expulsion. Werner then made a hostile motion to the motion that excuses from meetings are valid as long as they are made 1 hour prior the original motion and proposed that into the meeting as opposed to the original 24 stead of mandatory office hours, Class Dihour deadline. rectors post their phone numbers outside 3LDirector Dan Werner then objected the SBA office so that they can be contacted that he did not like the idea ofoffice hours. by students. He didn't like the obligation and said, "I'm Judy Nocella, 1L Director, proposed a friendly amendment to Werner's hostile too busy." motion to post Directors' mailbox numbers Greg Mattacola, 1L Director, responded that office hours are a part ofSBA and e-mail addresses outside the SBA office in addition to phone numbers. responsibilities. This prompted George Hamßoussi, 2L Director Bari Levant stated, "Two hours is not a lot to ask," and reminded SBAPresident, to state,"l thinkthese amendWerner that the timing of office hours was ments are out ofcontrol! SBA officers need to accept their responsibilities." flexible. lLDirector Shantelle Hughes observed 1L Director Mike Beckelman agreed some ofWerner's confusionregarding SBA and said that if these responsibilities were meeting policies and stated that,"lf you not accepted, then "the SBA is becoming a serve office hours, you may know more joke." about SBA meetings and procedures." Thompson saidthatpersonally, he was Some SBA members objected to the flexible about the hours SBA members severity of the motion's provision to auto- served but did not want people to miss too many office hours. matically expel members. 2L Director Alfredo Acevedo admitSee SBA on page 3 ESLS holds Sports Symposium byRosanna Bernardi, Reporter minded budding sports law attorneys that salaries should Over onehundred students, faculty, and distinguished not always be the main focus. guests packed theBalcony Lounge in the Centerfor theArts Kevin Billet told the crowd that he had "just alot of on Monday, November 6 to hear a panel ofspeakers at the dumb luck" when he was breaking into the field. Billet is First Symposium on Sports Law in Western New York. responsible for drafting and negotiating the Buffalo SaThe event, sponsored by the Buffalo Entertainment & bres' hockey contracts and handling the day-to-day legal Sports Law Society, featured members of the sports law activities for the new Marine Midland Arena. community. The four featured panelists-Kevin Billet ofthe Billet recommended that students develop the Buffalo Sabres, Jim Overdorfof the Buffalo Bills, Michael fundementals of sports and entertainment law by taking Buczkowski ofthe Buffalo Bisons, and Vince Tobia, Gencourses in tradeeral Counsel to theBuffalo Bills spoke about their jobsand mark/copyrightlaw various aspects of sports and entertainment law. Eric in addition to any Goodman, a sportcaster from WKBW Channel 7, served as sports/entertainthe moderator for the event. ment courses. BilLynn Wolfgang, 2L, chairperson of the event, was let talked extenpleased with the turnout and hopes to organize future sively about the reevents. Wolfgang stated, "this event brought together a alities small market diverse group from the legal community, which is imperaclubs face. He extive to the growth of the law school. It's important for our plained that the students to be exposed to both traditional and non-tradi- small market of tional practitioners to get a feel of life after law school." Buffalorequires the Each panelist provided a unique insight into thefield of club to decrease sports law. The audience quickly learned that there is no player salaries to formula to enter the profession. Each panelist indicated that moderate ticket hard work, fundamental knowledge of basic sports law prices. courses, and the willingness to work for free often leads to Vince Tobia success in the business. Jim Overdorf serves as Director of Business Opera- tions for the Buffalo Bills. Although his responsibilities consist of salary planning, contract preparation, and employee benefits, Mr. Overdorfstarted his career as an intern, making $15 per day. Throughout the course of his career, Mr. Overdorf worked as a ticket office helper, administrative assistant, and business manager. Mr. Overdorf re- the personal aspects of team players. Mr. Tobia describee his duties as "paternity suits, paternity suits, paternit suits." He is also involved in team members' real estat purchases, divorces, and tax cases. Tobia said that th members of the Buffalo Bills turn to him when they fac various problems whether they are at home or on the roac In addition, Mr. Tobia also negotiates contracts with band that play at Rich Stadium. Michael Buczkowski is the General Manager for th Buffalo Bisons He is responsibl for baseball op iq orations, gam ua-j day operations and media rela :ions. Buczkowski edthatdespit :he Bisons record atten iance, the sma! narketofaTripl \ team pose /arious revenu ojoifj 'ifnsmod » soitfdvjQ Jojtpg problems. serves as the General Counsel to the Buffalo Bills and is Lynn Wolfgang introduces students to sports expertsKevin Billet, Vince Tobia, and a partner at Lipsitz, Michael Buczkowski. Green, Fahringer, Roll, Salisbury and Cambria. Mr. Tobia offered an interesting perspective on sports law. Besides being responsible for legal work related to Rich Stadium, he is responsible for Nev srtheless Buczkowski said hat he attempt o treat the play ;rswell. "It'smy job to allow th players to taste champagne at every level. It's crucial fo player development and preparing them for the bigge teams, he said. �THE OPINION 2 November 15, 1995 Winterize with Wrenchhead by John "Wrenchhead" Gasper atomic batteries to power, turbines to speed "It is because they can be frivolous at times that the majority of people do not hang themselves." Voltaire. — When we last saw our hero in action he was busy under the hood checking vital fluids and wondering just where the hell he would end up in this week's feature episode. Well, later that day Batman was studying on ice scrapers and snow brushes now. Cuz snow really does hit, finding a scraper will seem tougher than finding the felony murder issue on a criminalfinal. An extra pair of gloves and warm blankie would make nice accessories for the back seat. A set of jumper cables would set off the spare tire nicely, too, don't you trust me, when the New York Practice when he looked up through the fifth floor window in his personal library. "Holy cold front! Checkout that snowstorm!" "Holy flashback! I was supposed to write some winter driving tips downand send them to the Commissioner!" "Quick, to the Batfax!" What's the best way to get around Gotham in winter, you say? Simple. Get someone else to drive you everywhere 'til April. The car's already warmed up when you get in. For those ofyou who are chauf- think? So you're stuck in the parking lot with a dead battery and your beast needs a jump. (I must add here that while jump starting a car is relatively easy, it's real easy to screw up your car if you don't do it right. So if you're not sure, ask someone who knows.) First you need someone whose Batmobile is actually running. Keep it running. With the hoods open, connect the positive (+) terminal on the Batmobile's battery to the positive terminal on your beast's battery. Then connect the negative (-) terminal on feur-challenged, you should be stocking up theBatmobileTO SOMEWHEREON THE FRAME OR ENGINE BLOCK OF YOUR BEAST, NOT THE NEGATIVE TERMINAL. Car batteries generate hydrogen gas upon charging. Hydrogen gas + spark = Hindenburg. This is why the inexperienced should be careful when jumping a car. With the Batmobile holding his gas pedal at about 1/4 throttle, try to start the beast. If everything was connected right the beast should be cranking. If not check the connections. After the beast starts, CAREFULLY remove the jumper cables in the exact reverse order that you put them on. Be careful! A running engine is a good way to lose some fingers. Washing your car periodically can add years to the life of your car. But if you do, you must dry the door frames and WD-40 the locks religiously! If you don't you'll end up a big Fordsicle. The Delta Sonics type places are kinda expensive and have a habit of scratching finishes. But then again you don't have to get out into the cold. Those places with the giant high pressure squirt guns do a good job of blasting out all the salt which is pretty much all you need. It's a whole lot cheaper too. To really take you to the pinnacle of winter driving tips though, I have to get you to think summer. Remember how nice it felt to crank up the air conditioning on that summer drive to Kansas? To make sure that it still works come July you should run the air conditioner for about 10 minutes every month to keep the seals on the compressor in good shape. A bad seal leaks Freon into the atmosphere. Freon makes cute little ozone holes. Now you're a big carcinoma. If you want to be an environmental lawyer, you know how the saying goes. Joinus next week when Wrenchhead talks about the best way to tie a toboggan to the top of the Batmobile! THE #1 REASON SO MANY PEOPLE CHOOSE PIEPERs PIEPER PEOPLE PASS! ISN'T THAT WHAT A BAR REVIEW COURSE IS ALL ABOUT? PIEPER NEW YORK-MULTISTATE BAR REVIEW, LTD. 00 WILLIS AVENUE, MINEOLA, NEW YORK 11501 PHONE: (516) 7-C7-4311 1-800-635-6569 THE BAR COURSE THAT CARES. �THE OPINION NEWS November 15, 1995 SBA balks at attendanceppolicy Coffee Bean site ofSBA Party, continued from page 1 B ley-Leslie then proposed a friendly amendment to s hostile motion to resolve the problem. He sug- gested "an alternative to the extremes" by inserting lan- continued from page 1 be used to tund the Corfcc Bean social. He added that West Bar had agreed to contribute $400.00 toward the event. SBA members approved a motion to grant $600.00 toward the Coffee Bean social event and use the $400.00 guage in the by-laws saying that board members were expected to serve 2 hours a week, thus mitigating the received from West Bar to reimburse the SBA. A motion to create an ad-hoc committee on course and obligation. professor evaluHe also sug-b itions was also gested having mem- i 3assed. 2L Dibers sign a log book ector Prudence when they serve ofFung informed fice hours which he SBA that would be available Against Absent: Aundra for students to view. Dean Acevedo, 2L HowlcH MewelldiscourThis way, ifstudents igeduseofendr> v c vi had no problem with Sara Hemmetter, 3L jf-the-semester a member skipping Craig Hurley-Leslie y 2L :valuations, office hours, then „ also known as the officercould get Dan Werner, 3L early .cape forms, for Sareer with it. ise other than Amy DuValle, Abstained idministrative Director, ob1L jected that all SBA Mercedes Lindao, 2L Directors have a reThe rest °f the suggested that sponsibility to make Judy Nocclla, 1L b ™ vo(ed in favor ofthe students create office hours and that Steve Salob, 1L ™*o heir own evaluthis responsibility ition forms and came with the job. jctively publiBack and forth *Pete Thompson, 2L wiredproposal. arguing between Di- l j :ize the process Hid the results. rectors prompted jL LJirtctor otirttr rciziu rcQUcSicQ ior ljd s to move to close the discussion. Barrister's Bowl team. This money would fund the team's SBA members then voted on Hurley-Leslie's amendment to Werner's motion. The motion, however, was transportation to the Syracuse University competition sponby Bar/Bri as well as hotel accommodations. since it lacked the 2/3 majority needed to pass. The first place prize would award $2,500.00 to the The SBA next voted on the motion in its original form proposed by Thompson with a correction that members winning team and in the event of winning, the UB team would be expelled after 6 missed office hours instead of 4. could contribute their prize money to the SBA. This motion This motion was also defeated because it similarly lacked passed. In another motion, the SBA approved 4 standing the 2/3 majority needed to pass. the SBA several committees consisting of social, finance, community serother Despite the controversy, passed vice, and newsletter committees. motions. An ad-hoc committee was approved for 3L Director Director Steve Salob presented his idea to schedule event at The Coffee a Main Tasmin Hazer's efforts at renovating the first floor lounge Bean, SBA social Street O'Brian Hall. to make at in up for the cancelled social event coffee shop, voted Hazer as chairperson of the SBA members semester. Baird Point early in the Salob statedthat this event, to be held on Nov. 16 from lounge renovation committee and Beckleman as chair ofthe 6 p.m. to 9 p.m., could be characterized as "coffee, pastries, social committee. A vote on a committee for the Spring Formal was and outlines." for the next SBA meeting. postponed Salob acknowledged that the SBAhadalready allotted $600.00 to the Baird Point event and that this money could I SBA results Alfredo JoAnne _ §ay .... . Fazih left . **** rboussi feated Pred tIL Baldy Center Holds Discussions by Rita McKenna, Contributing Writer The Baldy Center for Law and Social Policy encourages and supports research by faculty members across a wide range of disciplines in an effort to place law in a broader social perspective. 3 research in the field of women s rights in Eastern Europe. Also, a Discussion Circle led by Professor Diane Avery addressed reasons for excluding women from combat roles in the military from a sociobiological perspective. ...... _. * event was cancelled. .. . . . Salob said thai when first years cam* up to him and asked hi tn what happened,",' couldn't aeswc them. No one knew," "Accidents happen, I understand Things don't always "work out as planned. But it was the first year classes' firs interaction withthe SBA and it didn't leave a positive t&st< an our mouths." Salob said. Besides redressing the harm suffered, Salob said tha holding the event at the Coffee Bean provides law student; mi opportunity to socialize without emphasizing alcohol "My concern is that there is a high rate ofalcoholism in ou: profession. Not everybody likes to drink, but thereare thos« who like to work huid and play hard, ami that work* foi them.But it's not on everybody's agenda. ..some people bin to go out but not drink." Saiob emphasized that the party is not just for firs years. Nit for all law students. Besides being an opportunity lor first years to network with upperclassnien Salob sai< that,"It's a chance for everyone to put some coffee and foot in their stomachs before they go out." ■■■■■■ *.. ..-1. rT*.. �. *. 1 .� j"t. i. ,t. !**__*__. Lippes recieves Jackie Award by JukeMeyer, Assist. News Editor On November 4, Gerald Ltppes received the Ldwin F Jaeckk award, given by the University ai Buffalo Law School and the Law Alumni Association. Named for a UI alumnus from the Class of 1915. the Jaeckle awurd is givei to a person who has made significant contributions to botf the UB Law School and the legal profession. Lippcs. of the Class of 1964,accepted the award at tht :trth annual .Alunnu Convocation and Jaeckle award luncheon. Having concentrated on Corporate and Businea Law throughout his practice, Lippts has di.stinguishec himself by becoming a founder and managing partner ofib< Buffalo law firm Lippes, Silverstein, Mathias and Wexler The topic of the CanviKation was "Eldci Care Coun seling for Today's Practitioner.*" Elderly law has beconn increasingly more important for all lawyers, as the over 65 years-old population continues to grow. Several people spoke on elderly law in the morning and UB President WiUiam Greiner gave the Jaeckle awau to Lippes in afternoon luncheon. The Convocation wai underwritten by National Health Care Affiliates and Ma tine Midland Bank. Other supporters included Harok Brown and Company. Investment Services, fndependen Health, Ticot Title Guarantee and Commonwealth TitU Insurance Com Rabin Assainated by Jessica Murphy, Ncns Editor On Friday, November 3, the first of this year's Discussion Circles was held. In keeping with this goal, Professor David Engel, Director of the Baldy Center, conceived ofthe Baldy Center Discussion Circles as a way of exposing first-year law students to faculty members and the interdisciplinary research they are working on. These groups also provide a forum for those students who wish to meet others with similar interests. In the past, groups of students who met through the Discussion Circles continued to meet with each other and share their interest in a particular topic. Dean Barry Boyer described his involvement in the clean-up of the Buffalo River and related his experience to the larger problems thatface environmental law. Dean Boyer's battlethrough bureaucraticred tape illustrates that environment laws often address only a small part ofthe problem. Forthe thirteenfirst-year students who participated in Dean Boyer's Discussion Circle, it was an opportunity to explore an Since the Discussion Circles began meetinteresting, timely topic in a small group Prof. David Engel setting. The students were a diverse group last Fall, they have been very successful. Student participation has been high and their response has ranging from experienced environmental activists to those been positive. Also, faculty members have enjoyed the justlooking for an introduction to the field ofenvironmental law. Everyone came away with a better perspective opportunity to discuss their research. Another reason for this success is the wide variety of about the complexity involved in developing effective interests and perspectives represented by the topics chosen. environmental legislation. For the remainder of the semester, the interesting In the first semester, Prof. Engel discussed how law can interact with cultural identities. A discussion about the topics continue. Professor Elizabeth Mensch will discuss need to change the approach to environmental regulations theoretical problems involved in the debate over Hawaiian was led by Professor Errol Meidinger. Professor Virginia same-sex marriages later this month and feminist legal Leary spoke about international human rights in relation to theory will be the topic of Professor Lucinda FinJey's Discussion Circle scheduled for December. disciplines such as economics and criminal law. a of was Last semester, broad spectrum topics again For more information about Discussion Circles, stupresented. Professor Frank Munger led a discussion about welfare reform and Professor Isabel Marcus shared her are urged to stop by the Baldy Center in Room 511. I Three builett fired point blank ripped through Israeli Pnroe Minister Yitzhak Rabin at 9:50 pm on Nov. 4, 1995. Doctors pronounced Rabin dead at 11:15 pm at Ichilov Hospital. Rabin succumbed to massive hemmorhage and heart failure. The killer. Yigal Amir, a 27 year old law student affiliated with a right wing organization named A YIN. AYIN is a Hebrew acronym lor Jewish Avenging Organziation. Amir said he was proud of what he had done, and so did because he had received instructions from God. Amir shot Rabin in the middle of Kikak Malecbri Yisracl Square in Tel Aviv, Israel. The chants of "Peace yes, violence do" dissolved as the gun shots rang across the square. Israeli president Ever Weizman called a meeting «he transitional government just minutes into Noof vember 5. Shimon Perez became acting Prime Minister in place of Rabin. Rabin's funeral procession followed the same path Rabin took years before during the Six Day War for Jerusalem. Leaders and people from all over gathered to remember their slam collegue. Information gleanedmostly from Ari, the Jewish Student Newspaper of the Stale University of New Votlt at Buffalo �THE OPINION 4 EDITORIAL November 15, 1995 1 OPINION ffll i -i/c Volume 36, No. 5c \, Founded 1949 Samuel S. Chi Editor-in-Chief . XT ~ 15, 1995 November .__. Steven Bachman Dietz Managing Editor EDITORIAL: Opanshuk Office hours, schmoffice hours Shame, shame, shame on you. We realize that it is a hard job. We realize that it is often a thankless job. But we realize and affirm that it is a job nonetheless, and as such, it demands that those who volunteer to undertake it do the jobzealously, and treat it as more than just a resume line. It is simply inexcusable for an SBA representative to refuse to hold office hours. The rejection of the bylaws imposing a penalty upon chronically absent members is a pusillanimous betrayal of the SBA's responsibilities. To say "I'm too busy" is simply out of the question. The whole purpose of the SBA is to address student concerns for the benefit of the entire law school. Like it or not, the SBA is deeplyresponsible for the quality of student life in this law school. It sets the tenor of the student body. For SBA members to come out of their meeting and say that we students are not worth their time is simply appalling. When the members of the SBA volunteered to run for their positions they implicitly made a promise to us, the law students, that they work the job to the best of their ability. We just ask that they keep their promise and be the leaders they said they would be. But leadership is more than the mere ministerial job of pushing around papers and talking yourself blue in the face at meetings. It is about direction, inspiration and bringing out the best in you and those around you. It's about making UB Law a better, more cohesive place where school spirit and concern for our peers stamps out apathy. It is about overcoming problems with zeal and creativity. It is about being patient, tolerant, and open minded. It is about doing things for the benefit of all UB Law students, not justchampioning a particular club or organization. It is about taking stands. It may even be about taking flak, no matter how deserved or undeserved it is. And yes, it is about sitting in an office for two hours a week to field the cares and concerns of students. The sad part of all this is that some of the SBA members work very hard and take their jobs very seriously. Things seem to be running relatively smoothly under the Hamßoussi administration. Class directors are taking affirmative efforts to make UB Law a better place. To have their efforts trounced upon by small band of nay-sayers and cowardly abstainers is indeed a travesty. Shame on you. hen by Graphic Opanshuk Lenby Graphic EDITORIAL: Enough of the blood and tears, enough Yitzhak Rabin's death devasted the world. History has the nasty habit ofrepetition. That so many die for peace is the bitterly ironic truth, and that this one man risked so much for the results of a salty peace reminds us of the price. Remember that the greatness achieved was sometimes born of trepidation and peril. Remember that the legend was a man, and his ultimate sacrifice will be our's one day, too. Remember that the sacrifice's irreparableripple touches everyone and that in the pain exists catharsis. Anger without an end is useless, and Rabin sought a peaceful end for a very real angst. Remember not because you will, but because you must. STAFF Interim Business Manager: Lisa C. Nasiak Production Manager: David Leone News Editor: Jessica Murphy Features Editor: Mike Chase Photography Editor: Molly Kocialski Art Director: Len Opanashuk Assistant editors: Features: David Fitch, Dan Killelea; News.'Julie Meyer, Krislcn Greeley Photo: John Gasper. Senior editors: Evan BaranoH and Peter Zummo. Computer consultant: Peter Beadle The Opinion is a non-profit, independent, student-owned and run publication funded by the SBA from student law fees. The Opinion. SUNYAt Buffalo Amherst Campus, 724 John Lord O'Brian Hall, Buffalo, New York 14260 (716)645-2147. The Opinion is published every two weeks during the Fall and Spring semesters. It is the student newspaper of the Slate University of New York at Buffalo Schoolof Law. Copyright 1995 hvTheOpinion. SBA. Any reproduction ofmaterials herein is strictly prohibited without the express consent ol the Editors. Submission deadlines for letters to the editor and Perspectives are 5 p.m. on the Friday preceding publication. Advertising deadlines are 6 p.m. on the Friday preceding publication. Submissions may eitherbe sent It)The Opinion at theabovenotedaddress, dropped offunderThe Opinion office door (room 724 O Brian Ilall), or placed in Box #1 (I or #2K(I on the third floor ofO' Brian 1 fall. All copy must be typed, doubledspaced, and submitted on paper and on a computer disk (IBM-WordPerfect). Letters are best when written as a part of a dialogue and must be no more than two pages double-spaced. Perspectives are generallyopinion articles concerning topics ol interest to the law schoolcommunity and must be no more than fourpages double-spaced,The Opinion readsand appreciates every letter and Perspective we receive; we reserve the right to edit any and all submissions for space as necessary and also lor libelous content. The Opinion will not publishunsigned submissions. We will return yourdisks to your campus mailbox or to a private mailbox if a self-addressed stamped envelope isprovided. The Opinion is dedicated to provide a (orum lor the free exchange of ideas. As a result, the views expressed in this newspaper are not necessarily those ol the Ldilors or StallofThe Opinion. "Coutfta shall make no law ...abridging the freedom of speech, or ofthe press;..." The First Amendment , -- Tell us your opinion! Jf you have an opinion on anything published in our newspaper or on any current that concerns the law school community, write The Opinion. Letters to the editor are best when written as a part of a dialogue and must no! be longej than two pages double-spaced Perspectives are generally opinion articles concerning topics of interest to the law school community and must not be longer than four pages double-spaced. All submissions are due the Friday before we publish. Your submission must be typed, doubted-spaced, and submitted on paper and on a computer disk (IBMWordPerfect 5.1 format). The Opinion avservts the right to edit any and all submissions lor space as necessary and also for libelous content; we will not publish any unsigned submissions. events topic ■:. ■■■'■■]■■<■ , ■•■--•"'iv>V!: v' ': ""■•"' """Wms9®M �November 15, 1995 FEATURES 5 THE OPINION A Former Teacher: Now a Divorce Lawyer? UB Alum successfully moves from the classroom to the courtroom by Michael Chase, Features Editor A native of North Carolina, Julie Falvey '90cametoBuffaloasateacher and has become a top-notch divorce lawyer. She's no greedy female version of Arnold Becker, though. This second-career lawyer established a successful matrimonial practice through hard work and great lawyering. Falvey came to the northeast as an undergraduate at Notre Dame College in Ohio. She met her husband there, and upon relocating to Buffalo, taught secondary school English for 16 years. After leaving teaching, she was a professional fundraiser for Mount St. Joseph's Academy. What made her want to go to law school? "My divorce," jokes Falvey. Actually, she's been a grassroots environmental lobbyist for 25 years with the New York State Association of Conservation Commissions, which represents municipal environmental boards. "I lobbied in Albany and dis- She thrives on the challenge that her presents. field "Most people think that doing divorce law is fairly easy, in Counsel- but ever since 1980, with equitable distribution, it'sreally very complicated, with tax consequences and the division ofpensions." don't have focus of her life is neither her career nor her involvement Julie Falvey, Class of 1990 in the community, but her tamily. criticized for leaving every situatio Falvey is very closeto hertwo children: worse than when they find it, mcdi Robert, age 27, who works in Buffalo tion - taking a case out of the hands o and her daughter Chris, 29, who isalso the lawyers and submitting it to a ne a UB Law student on hiatus. Chris now tral mediator - has become a popul works part-time with her as a law clerk. tool in settling marital issues. B Falvey finds this new trend pointless Memories oflaw school are filled "I think a goodlawyerw a mediator, covered that I knew the law as well as with good times for Falvey. "I loved an awful lot of my cases, I suggest everyone else, but because I wasn't a being a student and going to ÜB. We the other attorney that we sit dow had our gang of friends - we were the with the parties and explain to the lawyer, they wouldn't listen to me." only ones who played euchre in the that it's their lives or their childre However, Falvey's first-hand exhalls. We had euchre tournaments, had and after we're out of there, they still perience with divorce steered her to her current career. "I didn't want to go Thanksgiving dinner together..." But, have to deal with their lives and their I has been very, very sucinto environmental law, because to mostly, Falvey worked hard. Besides her was a sful." part-time clerking job, she make money in environmental law, While most lawyers in Buffalo you have to represent the bad guys," graduate assistant helping out with re Falvey's desire to work towards fundraising for the law school. explains Falvey. has had of icefulresolution, there are still some Falvey enough school, was While inlaw school,Falvey gained though. "I don'tmiss it,but it fun." whotransfer divorcesintolegal battles. But, she insists, "I refuse to let it some experience in matrimonial law Besides her Bachelors, she has a Masters her and is halfbecome a war." in teaching, J.D., as a clerk at Siegel, Kelleher, andKahn. Kldren. BAR/BRl's Final Exam Review Lecture Series CORPORATIONS by Prof. Richard Freer * Saturday, Nov. 11 10am-2pm CRIM. PROCEDURE by Prof. Charles Whitebread * Sunday, Nov. 12 lOam-lpm CPLR MINI REVIEW by Prof. Vincent Alexander * Saturday, Nov. 18 COMM. PAPER by Prof. Butch Covington * Sunday, Nov. 19 EVIDENCE by Prof. Charles Whitebread * Saturday, Dec. 2 10am-4pni 10am-Ipm 10am-4pm ALL LECTURES WILL BE PRESENTED ON VIDEOTAPE. AND WILL BE HELD IN ROOM 107 THE CORPORATIONS LECTURE IS EEEE FOR ALL STUDENTS. FEATURES AH oilier lectures are open to BAR/BRI ENROLLEES ONLY who have a minimum of $75 on account. For more information contact the BAR/BRI office at (8(K)) 472-8899. BAR REVIEW Lei the POWER OF EXPERIENCE work'tor you Although she works seven days a week, Falvey is quite active in the Peace Program, Haven House, Young Lawyers for the Bar Foundation, and the Volunteer Lawyers Project ("there are more and more people coming to them for divorces"). She is also the President of the GOLD Group, which keeps young lawyers in touch with each other and with students at UB Law. The Group also provides alternative educational programs to the Bar's more expensive CLE programs. "They can go, they can learn how to do stuff, they get great handouts, and it costs next to nothing," explains Falvey. Her greatest accomplishment since law school, though, is the establishment of a successful solo practice in just three years. "I've been able to downsize my advertisement in the Talking Phone Book due to the increase in referrals." And, perhaps unfortunately for our community, Falvey sees a bright futureahead. "I look at the paper every Sunday and look at all the brides and think... over 50 percent are potential clients, [laughes] It's true!" r———_ Inside... Moot Column How BPILP works �THE OPINION 6 FEATURES "Dear Judge Friendly" November 15, 1995 Moot Column by Dan Killelea, Asst. Features Editor Dear Judge Friendly- tlllll / have a friend who do<-i, not know the meaning of the term "personal space "! She is constantly in your fate to the paint where you could count the freckles on her face. It makes me feel very uncomfortable and I don't know how to tell her to back off without hurting her feelings. Do you have any suggestions sit that I may remedy this invasive problem ? 111111 Dear Boxed-ln: J can only hope that for your sake your friend does not have a bad case of halitosis (bad breath tor you lay persons.) In addressing that threshold issue, I would order your friend to accept a large bottle of Listerine the new Coolmint is a refreshing breath of super-fresh air! If itis just a matter ofthe annoying feelingthatyout friend is try ing to merge withyou corporal being, here are a few suggestions from my many years on the bench: - You could broach the subject carefully so as not to offend your friend. Try something like, "you know, [close-talking friend], J am farsighted and, when you stand so close to me I can, barely see you, and can't appreciate the full beauty of you presence. * On the off-chance that your friend is near-sighted, suggest a new prescription for her glasses. Alter natively, you could try the approach that a colleague of mine tired trie other night. I like to caii itthe "back-off approach. It goes like this... You push youi friend away and simply say "BACK OFF ! YOU ARE INVADING MY PERSONAL SPACE!!" This approach will definitely be effective, but 1 don't know as if you will be receiving any congeniality prizes for it. The clueleNS, cosmic approach could work, too "Hey, man. you are in my aura and it's giving me negativevibes..." No one ever blames , ■■■ ■ Ultimately, it us important that you get this message across to you clingy crony before .she becomes nothing more thai a staticky sock in 4hclaundry bag that is your life, and en annoyance to all Look at itlhls way: there is no way that she wont HEAR your suggestion, now is Judgment Affirmed, judge Friendly Do you have any questions or problems with law school or your love life? TELL IT TO THE.JUDGE! To reach the Judge, just drop a note in Box 792 by Friday, December Ist. Wednesday. November 15 6:30 The Basketball Diaries (1995) 9:00 Smoke (19951 Thursday. November 16 6:30 The Basketball Diaries 9:00 Smoke Friday t November 17 6:30 Smoke 9:00 Smoke 11:30 Sex, Lies and Videotape (1989) All films shown w the StudemtVmom Tkcattr Something has got to be said. Someone has got to act. Somehow... somebody tell me what I 'm getting at. Oh yeah--it's the driving here in Buffalo, and it's getting unpleasant. I was raised in a driving tradition rich in its encouragement of skid stops in traffic, no-look Boxed-In UUAB FILM CALENDER Driving me crazy merges, friendly bumper taps, and relative oblivion to the notion of anyone else using the road. But some of the folks here in Buffalo seem to be trying to take this to another level. And with such delightful weather patterns now beginningto appear, the fun has only just begun. It's always a real pleasure to drive east down the 290 towards the 1-90 interchange when there are more than five or ten other cars on theroad. Right at the point where the road splits, the right two lanes get backed up because of an apparent inability to merge into I-90. There are some beautiful skid marks there in the middle lane, right at that point where drivers realize the traffic in front of them is, once again, stopped. Personally, I've startedactually planning ahead by slowing down in advance. But then, friends don't call me anal for nothing. People frequently run into a similar problem when driving in the left laneof a four lane road. Since a large percentage ofthe Buffalo area's highway departments have not yet grasped the concept of "center turning lanes," successful navigation of the streets and by-ways at anything above 10 miles per hour requires bobbing and weaving like the shuttle of a loom. Those "one lane backups" are fun too. I'm sure I'm not the only one who has approached an intersection in an i_ empty lane whilepassing ten or fifteen cars waiting for the light to Opanshuk Lenby graphic The only thing I can figure is that there's a general lack of urgency involved in most of these people's driving. Maybe it's because they know there's nowhere to park whentheyfinally get where they're going. As for me, I can't wait to get whereverI'm headed in this fair city of ours. Of course, if people truly are that deliberate in theirapproach to getting around town, it would explain the frequency of"jack-rabbit starts to nowhere" I see. Those, of course, are whendrivers tear out of the blocks when the light turns green(sometimes even before) and red-line their cars right up to about If I'm going to survive another season of "happy time" driving, I suppose I should try to learn some sort of coping mechanisms. It's readily apparent to me that yelling at other drivers won't do anything in this weather— I mean, how are they supposed to hear me over the sound of my eight-track with my windows rolled up? And honking probably won't work either, since drivers in Buffalo wouldnever think I was doing anything but givingthem a friendly "toot" ofwarning. So I'll probably just have to just suck it up, drive the way I was taught to drive, and hope my fellows on the road will be gracious should I inadvertantly 35 miles an hour. And then stay at that speed. Go figure. all, nobody's perfect, right? drivethem into a snowbank. After BPILP can help you find that Summer Job ■ing the Spring semester, the group accept byDavid Fitch, Asst. Features Editor the Fall turns quickly to Winter, many of us ' proposals for Summer grants. In putting ourselves forced to start considering where we a proposal, a member contacts a preferrec would like to work during agency and receives thei the Summer break. For firstsponsorship for a Summe year students, this can be an position. Six members re ceived grants between intimidating process if one $2,000 and $3,000 this pas is not aware of one's opSummer. The positions am tions. The Buffalo Pubic interests of members tendto Interest Law Program be"incredibly varied," com ("BPILP") provides a ments Caputo. unique opportunity for Some of the agencie those students interested in a public interest law posithat BPILP members workec tion. for this summer include Establishedin the early Texas Rural Legal Aide in Leslie Platt, Pres. Jean Caputo, Chair , 1980s, BPILP is a studentWeslaco, Texas; Lawyer run, non-profit corporation dedicated toraising funds Committee for Civil Rights Under Law in Washing to sponsor law students that work for public interest ton, D.C.; and Belgrade Women's Rights/Human agencies over the Summer. Many of these public Rights in Belgrade, in Belgrade, Serbia. interest agencies are in need of legal interns, but do BPILP is also raising money to help implemen not have the resources to pay for these positions. a loan-forgiveness program forthelaw school. "You This can create a recruiting problem since many might wanttoworkin [a certain]... field, but it'sjus not economically feasible," says Caputo. This pro loan-ladened law students can't afford to work during the Summers for free. BPILP attempts to solve gram would facilitate a graduate'sability to work in this problem by awarding grants to students interthe public sector by helping to pay off his or he ested in public interest law but in need of funds to school loans. It's not too late to join this year. BPILP i support them in those endeavors. To be qualified to apply for a Summer grant, a always looking for more members. Currently 32 law student has to be a member ofBPILP. Members are students are involved. "The bigger the group is, the involved in a varietyoffundraising activitiesthroughbigger the fundraising effort is," notes Caputo. Thi out the school year. This includes anything from translates into more grants available for summe holding bagel sales to writing up and submitting intern positions. If you are interested in joining BPILP, contac proposals for grants from different national organiPresident Leslie Platt, Box #778, or Jean Caputo, zations. Box #632, or just stop by the BPILP office in Room "It's really not a major time commitment" explains Jean Caputo,Chairperson ofthe Public Relations Committee. »As �THE OPINION November 15, 1995 7 Follies and Fumbles Greg Mattacola Columnist O beautiful for spacious skies MYCOUNTRYTISOFTHEE! Yes, another Election Day has come and gone. Walking out of that booth or sending in that ballot never fails to make me proud. I came, I judged, I cast my vote. I helped carry out the process as Thomas Jefferson and the rest of the wig wearers saw it to be. U.S. A? I love you, man! * HE DOES IT HIS WAY As long as I'm waxing nostalgic, Itis my sworn duty to pay tribute to my former boss and always good friend, Joe Griffo, Mayor of Rome, N.Y. He was just re-elected to his second term after winning convincingly in a threeway race. This guy is the living and breathing example of why Governor Pataki said it was a thousandtimes harder being Mayor of Peekskill than it was to be an Assemblyman or Senator. In his first term, Joe got put through the ringer more times than the TiD-Bowl Man yet he always came through in the clutch. Working for him was a true symbol of transcending party lines. My "faintly liberal" views never failed to clash with his conservative spin on things, yet we still had fun and got the job done. Congratulations Joe, you've earned it. BLOODY, BEATEN BUT UNBOWED. Ladies and Gentleman! In the left corner, wearing the red and whitetrunks with the donkey on the butt, the defending Champion, I mean the underdog, I mean ...welL.here he is...Dennis Gorski! And in the far right corner, wearing the black and blue trunks with a picture of a dead elephant, the challenger, Lucian Greco! Tonight's match-up is a textbook political fight and should be a dandy. Gorski, the incumbent, the Democrat, scorned by his own party chairman and forced to win a heated primary, is going against Greco, the challenger, the Republican, former Town Supervisor of Lancaster, whatever that means. The prize is free Sabres and Bills tickets and four years in the Rath County Office Building as Erie County Executive. What Gorski brings to the brawl is the experience and the quickness; he's more of a pure boxer with several good ideas for the County. His big weaknesses are that he's not liked by the big boys and forgets what budget means now and then. Although he's the incumbent, the rumor is that Gorski's tiredfrom his bout withRavin' DaveSwarts and could be in trouble tonight. Greco, the staunch conservative, is the heavier slugger of the two and his lack of experience could be seen as a help or a hindrance. Not much is known about him and that too, could be dangerous. He has shown a liking to the low blows and will be watched carefully. So folks, without further ado, Let's Get ReaddddyToßummmmblllllle! DingDing! And it's over! I don't believe it! Dennis Gorski, in a First Round KO, flattens the challenger Lucian Greco! Gorski, after be- ing blatantly rejected by the Erie County Democratic Party when they endorsed Swarts in the Primary, will remain as Erie County Executive! Gorski used the rejection to his advantage and scored big. After falling out of favor with the party bosses, Gorski was viewed by the public not as the entrenched bureaucrat but as the scrappy underdog fighting for what belongs to him. Gorski's strategy paid off and Greco got to inspect the canvas. This one will go down in the record books! MONEY TALKS, CLEVELAND WALKS?! Say it aint so, Ait. Yet, I'm afraid it is. In following the current trend as shown by the Rams, Raiders, Colts and Cardinals, the ClevelandBrowns are movingto Baltimore. Browns owner, Art Modell is still moving the team despite Cleveland passing a voter referendum that will increase a tax on alcohol and tobacco, which would generate revenue to refurbish Cleveland's stadium. (See! Politics and Sports are connected!) Modell is claiming that he's lost over $20 million the last two years in trying to keep up with free agency. Yeah, Ok so the guy's lost a littlecash. And Baltimore is offering him a sweet deal (A new 70,000 seat stadium without rent for 30 years and ticket and concession revenues). Yet, what about the tradition? Cleveland boasts some of the most loyal football fans in the country (they'd have to be) and 50 years of hard, gritty football. There's no price tag for that! Plus, fans all over don't want to see this. We want to read about and watch play action passes and safety blitzes. We don't want to turn on ESPN and hear about business deals. That's what CNN is for. But alas, we no longer have the good old days when you would grow up watching your favorite player and when he retired he was still on the same team. Sports is a business. A big business according to Mr. Modell. Chris Collinsworth (former AllPro receiver for the Cincinnati Bengals and current barrister) said it best when he stated "Now when I see shots of owners boxes (during televised games), I think about lawsuits and internal bickering. I can get that going home and dealing with my accountant. Sports is an escape but now it's worse than reality." And if that wasn't enough, the Housvery close to sealing a deal which would make them the Nashville Oilcrs\ What spurred this? Try the now familiar enticement ofa new 70,000 seat stadium and the Oilers moving from the bottomrung of the NFL's revenue producers to one of the best. If this deal does go and it probably will,let me make a suggestion for Nashville's first acquisition as an NFL team. Elvis Grbac. It is only appropriate that Elvis play in Nashville and I want this clown off the Forty-Niners! Please? ton Oilers are Law Groups, Advertise For Free On The Docket For more information, call 645-2147, drop a note in box 640, stop by room 724, or e-mail sschi@acsu.buffalo.edu '■•-... /'< •rsunals arc Hfhrj'.: I'lace your /><r*<>»«(/» »i..toi.jw* ' in • h/if t>4o ana we ■ �THE OPINION 8 I ADVERTISEMENT November 15, 1995 WHY [£J BAR/BRI ; I i I—4 I A. BECAUSE FYPFRIFNPF COUNTS For more than 25 years, BAR/BRI has guided over 500,000 students through law school and the bar exam! BAR REVIEW TM Let the POWER OF EXPERIENCE work for you � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Opinion, 1995-11-15 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. The Opinion no. 5 15.11.1995 Date Issued Date of formal issuance (e.g., publication) of the resource. 11/15/1995 Bibliographic Citation A bibliographic reference for the resource. Recommended practice is to include sufficient bibliographic detail to identify the resource as unambiguously as possible. 36 5 Publisher An entity responsible for making the resource available University of Buffalo State University of New York at Buffalo Law School Language A language of the resource eng Type The nature or genre of the resource Newspapers Text Is Part Of A related resource in which the described resource is physically or logically included. LIB-LAW003 Rights Information about rights held in and over the resource <a href="https://rightsstatements.org/page/CNE/1.0/">COPYRIGHT NOT EVALUATED</a>. The copyright and related rights status of this Item has not been evaluated. Please refer to the organization that has made the Item available for more information. You are free to use this Item in any way that is permitted by the copyright and related rights legislation that applies to your use. This digital collection is made available for research and educational purposes. Researchers are responsible for determining copyright status, and securing permissions for use and publication of any material. Copyright for items in this collection may be held by the creators, their heirs, or assigns. Researchers are required to obtain written permission from copyright holders and the University Archives prior to reproducing or publishing materials, including images and quotations. For inquiries about reproduction requests and permissions, please contact the <a href="http://library.buffalo.edu/archives/">University Archives</a>. If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/fabc2d57501398ea45d71c35144ced87.pdf 38c12daef1f804a199a87d6d4f2f9024 PDF Text Text I 111:11 _j ■ ■ : ■■■■■■■■■■■■■■■ ■ 1 /ipii?n Ur\JbJJ I T?T?A TT7JPJ7C Q <fc A with Prof Schlegel See I Law students go theeforth from thy stupor. See page 4 I Ir^r^r^r^rHHrßr^MMMrlr^HHMraMMlHrßHr^rlWa W page 9 .. ■ 1111. — ■—^———: : 3rinf;infi the issues to the students since 1949 THE OPINION Volume 36, No. 4 STATE UNIVERSITY OF NEW YORK AT BUFFALO SCHOOL OF LAW November 1, 1995 SBA Emotions stirred by ESLS request for funds Symposium organizer grilled by budget-conscious SBA by Deshika Botcjue, reporter fundraiser this cover some of its She Controversy erupted an otherwisecalm and smoothlaw sports ESLS holds mentioned, however, that she was planning bagel sales in running Student Bar Association meeting last Tuesday semester to costs. at whenLynn Wolfgang ofthe Entertainment and Sports Law Society (ESLS) requested extra funds from the SBA. She asked for immediate receipt of the money to cover a the future to pay back the costs. But Toth acknowledged, "This is thekind of event the speaker fund is for." Smith then brought up the ethical issue of the ESLS's passing up rooms that were free of cost in favor of the Balcony Lounge knowing all the while that they were short on funds. He suggested that the ESLS should ask other groups with similar interests to help cover costs. JoAnne Howlet, 3L Director, agreed with Smith and emphasized that fundraisers are an effective way to publi- symposium by Mike Chase. Features editor financial shortfall regarding the Society's First Symposium on Sports Law in Western New York. Wolfgang, chairperson of the event, informed the SBA that the ESLS had exhausted its current funds and needed an additional $550.00 to cover expenses for the Symposium. Wolfgang argued that without assistance form the SBA, the ESLS would be unable to pay for microphones, foodand drink, and the room designated for the symposium, the Balcony Lounge Center for the Arts. SBA members disagreed over proper courses of action concerning the ESLS's request. cize events, especially one of this magnitude. The ESLS's First Symposium on Sports Law in Western New York features Kevin Billet, Vice President of Business and Legal Affairs of the Buffalo Sabres, Michael Buczkowski, Buffalo Bison Baseball General Manager, James Overdorf, Buffalo Bills Director of Business Operations, and Vince Tobia, attorney for Lipsitz, Green, Lynn Wolfgang JeremyToth, SBA VicePresident, reminded Wolfgang that he had asked student groups to present their prospec- tive budgets to the SBA during the first week of school to avoid precisely these types of problems. 2L Class Director, Mike Beckelman, acknowledged however, that due to the earliness ofthe semester, difficulties may have existed in gaining access to the SBA board and class directors. Rob Smith, 3L Class Director, inquired whether the requested $550.00 would be withdrawn from the SBA's speaker fund. Mercedes Lindao, SBA Treasurer, responded that the SBA controls a $3,000.00 lecture line for the Fall semester. This lecture line financially assists student organizations in their efforts to bring outside lecturers and speakers to the law school. The ESLS request for immediate funds is contentious think, five professional sports teams here which offer See ESLS on page 6 since roughly 30 students groups are eligible for this limited amount. Lindao stressed the importance of asking for money on time because access to the lecture line operates on a first-come-first-served basis. Wolfgang said that although she had coordinated this symposium since the summer, she had not conducted a Fahringer, Roll, Salisbury & Cambria. Many SBA members expressed full support of approving the requested ESLS funds. 1L Director Judy Nocella, an ESLS member, stated that this symposium was positive publicity for the school and that on this basis, the funds should be approved. George Hamboussi, SBA President, also supported approving the funds. He admitted, "Sports and entertainment law is something I'm interested in. I'm not interested in public interest law." He later corrected himself and said that he was not interested in public interest law as a career. Once the debate concluded, 3L Class Director Sareer Fazili moved to grant the ESLS $550.00 from the SBA See Moot Court on page 3 Moot Court Board Apologizes for Confusion By Steven Bachmann Dietz, Managing Editor Susan Etu and Dave Pfalzgraf won the 1995 Desmond Moot Court competition 0ct.22, a competition that was not completed without controversy. According to Teresa Brophy, president ofthe Buffalo Moot Court Board, the criteria for inclusion into the quarterfinals included in the problem packet was not the criteria ultimately used by the board. The problem packet stated that advancement to theQuarterfinal round would bebased upon The board then debated whether to base the criteria on oral scores or both oral and brief scores. Brophy said the board felt that basing the criteria on oral scores alone "would make for a better oral competition in the later rounds." After the competition, the Board de- cided to amend its constitution to state specifically that the criteria for inclusion into the Quarterfinals would be both oral and brief scores, she said. Asked what other measures would be taken to prevent future misunderstandings, Brophy noted that the board was writing down everything that happened in this year's competition so next year's board would know ex- both oral and brief scores, while advancement was actually based upon oral scores alone, Brophy said. The board was not aware of the language in the problem packets when it made actly what occurred. "In the future we won't have the same the decision of what criteria to use for advancement to the Quarterfinals, accorddifficulties we had this year," Brophy said. Some students also questioned why ing to Brophy. "We apologize for that profusely," she Pfalzgraf did not make the Buffalo Moot said. Court Board despite being part of the winBrophy said that the board consulted ning team. its constitution for the criteria, and the Pfalzgraf, for his part, seemed content document stated that the top eight teams with his accomplishments. advanced to the Quarterfinal round. "As a team Susan Etu and 1 had two "We thought the wording in the constigoals," Pfalzgraf said, "to improve our oral tution was the same as in the problem advocacy skills and to make a strong showing in the competition." packet," Brophy said. Desmond Moot Court Results Winners: Sue Etu and Dave Pfalzgraf Finalists: Scott Philbin and Jeremy Schulman Sue Etu and Dave Pfalzgraf Semi-Finalists: ScottPhilbin and Jeremy Schulman v. Dave Marshalland Karen Richardson SueEtu and Dave Pfalzgraf v. Caroline Hooper and Kristina Karle Quarter-finalists: Dave Marshall andKaren Richardson Caroline Hooper andKristina Karle MollieKoscialski and Jessica Murphy Scott Philbin and Jeremy Schulman Jennifer McGinty and Catherine Nugent Shawn Carey and John Crowe Sue Etu and Dave Pfalzgraf Prudence Fung and Michael Plotfhocki Best brief: Shawn Luther and Jason Sterne Best Orator: Scott Lovelock �NEWS/ADVERTISEMENT THE OPINION 2 November 1,1995 Winterizing with Wrenchhead by John "Wrenchhead" Gasper When I was 16, I wanted to go to tires is thoroughly useless if you can't get vocational school like all my buddies did so into it 'cuz your locks are all frozen shut. I could learn how to fix cars and hopefully It's really easy too. All you do is shake the become a cool 18 year old. Unfortunately can, put the little red tube into the nozzle, somehow stick the other end into the lock, I was the guy with glasses who had a penchant for enzyme chemistry and an over- and spray like hell. Then, use your key to bearing motherwhotold me that I could buy work the lock a couple of times to work the all the scrap yard heaps I wanted to after I juicearound and you should be all set. So far,this been the easy stuff and either the went to college and became a rich industrialist. Abstractia aside, I've noticed a lot of beer.or the solvent fumes,should be kickgorgeous women in sweaters lately and the ing in— let's really get nasty underthe hood. trees are expressing themselves so it must Oil, coolant, belts, battery, wiper be close to winter. That means you should squirts, transmission fluid, and brake fluidget overthatpsychotic judgefrom Desmond -these are the essentials that must be and "winterize" your car. checked. Squirts is the vernacular equiva"Winterize" is a buzzword for "perilent of windshield washer fluid. Find the odic maintenance" and as such, is merely a reservoir of blue water under the hood and way to get educated derelicts to spend a lot fill it up with some more of the same. DO ofmoney doing what they should have done NOT USE TAP WATER. Buffalo tap water anyway, only for a lot more. So put on some has a nasty habit of freezing in winter and ratty jeans and a Bills sweatshirt, and let's most cars with the exception of the get wrenchin. Mercedes Ultra cannot handle frozen The easiest thing to check first are the squirts. Use some of that windshield wiper tires. Proper tire inflation is the key to wash with antifreeze in it that's blue and good handling. Make sure you have snow tires, or all season radials. Check your manual or just read the side of the tire to ascertain the correct inflation pressure. Use a pressure gauge and adjust the pressure accordingly. Alot oflocal gas stations have free air so don't waste your quarters on the 7-11 wheeze-o-matic air pump. Remem- ber to replace the little cap or else when it really does snow out your valve will be frozen shut. Not swift. Next, pick up a can ofWD-40 and lube all the locks. A car with properly inflated Coolant, or antifreeze, is kinda imporFind the engine coolant reservoir under the hood and look at the "hot" and "cold" marks on the side. If the motor is hot, the level of green stuffshould be up to the "hot" mark. If it's not, thenadd some. Important point to all of you who still think chemistry sucks, straight Prestone sucks too. Youhave to dilute antifreeze 50/ tant in winter too. 50 with distilled water before you add it to the reservoir. Just read the side of the jug if you don't believe me. For you technoheads, refer to to your general chemistry texts under freezing point depression and boiling point elevation for the theoretical underpinnings. A bad battery and/or bad connections is bad. The connections should be clean and not have any nasty greencrudonthem if you plan on starting the car. If they do, clean them. The cells should also be properly filled. Although I must add that this is not a job for the average law student who has barely mastered pliers. This is a job for costs about a buck a gallon. someone with experience and know how. Next check the oil. With the car rest- The same goes for transmisson fluid and ing on a level surface, much like those brake fluid. Have either an experienced found on level parking lots, remove the mechanic check these or get a cute girl to dipstick, wipe it clean, and put it back sucker me into doing this for you for free. whenceforth it came, (note the official 3L Something you can do for yourself, use of legalese). Pull it back out and see though, is check the windshield wipers and how much oil is on the stick. There should put some carburetor/fuel injector cleaner in the car. Bad wipers equals bad vision be some little marks on the stick that indicate full, one quart low, or your engine is equals bad accident. If your wipers are dry and you're the proud owner of a boat streaking or just not wiping at all, feel free anchor. See where the oil comes up to in to replace them before it's cold as hell out regard to these marks. If it's low, add some. and you won't wantto do anything at all. It's cheap. It's fast. It's low in calories. Some of you out there say you want to an be environmental lawyer. Ever hear of the saying "Think globally, act locally."? A dirty engine wastes precious fuel while simultaneously polluting even more than usual. Some carb cleaner will solve this problem. I recommend STP Super Concentrated Fuel Injector Cleaner. I really used to be a chemist. I really tested several brands. I really thinkthat this is the best one out there. "Out there" being K-Mart and the like. You pour it into the gas tank before you fill up and Voila! Life made better through chemistry. An environmental lawyer with a dirty motor is hypocritical and exhibits a definite lack of integrity. Last but not least for todays class concerns the body. You can hide your own mass through all black baggy sweats, but your cars paint can't be as readily disguised. The Buffalo Streets department apparently has some kind of psycho-sexual fascination with road salt. Road salt causes cancer in cars. Wax yourcar! It's more than worth the effort. Hopefully, if you follow these simple steps and whatever other ones I am coerced into discussing next time, you will be able to Autobahn with the best of them during our lovely upcoming winter. Ifyouhaveany questions, please send them into the Wrenchhead care of "The Opinion" (Box 640) or just take me out for an exquisite dinner with a view and I'll answer your queries gladly. THE #1 REASON SO MANY PEOPLE CHOOSE PIEPER PIEPER PEOPLE PASS! ISN'T THAT WHAT A BAR REVIEW COURSE IS ALL ABOUT? PIEPER NEW YORK-MULTISTATE BAR REVIEW, LTD. 90 WILLIS AVENUE, MINEOLA, NEW YORK 11501 PHONE: (516) 747-4311 1-800.635-6569 THE, BAR COURSE THAT CARES. �NEWS November 1,1995 Moot Court Controversy, THEOPINION 3 continued from page I Five quarterfinalists were not invited to join the Moot Court Board "As a team, we accomplished both goals we set for ourselves," he said. To determine who is admitted as an associate member, the board averages the scores for the written briefs and the three preliminary oral rounds, Brophy said. The scores for the written briefs are the same for each member of the team, but each member is scored individually for the oral rounds, she said. If one partner scores better on the oral rounds, that partner would make the board even if the other does not, she said. Brophy did not know whether any past member of the winning team had failed to make the board. Brophy said that therecord keeping of past boards was less than satis- factory. After the competition, there was a proposal for an amendment to the Constitution to automatically designate the member of the first place team as a board member, Brophy said. There was passionate debate on both sides of the issue, but in the end, a majority of the board voted against the Buffalo Moot Court Associate Board m III,I 1 :: J Members . IIm IIill " II :s s ;Shawn Carey amendment, she said. Brophy congratulated the competitors. it■1 31 She said that all the comments from the judges faculty and students who attended were very complementary of the students 1, Allision Puglisi Colleen Farrell Met mcock11 ThomasRhee arle Karen Richardson Kri ott Lovelock Bill Santmyer who competed. "The competition was a tremendous success for all those who participated." Pfalzgraf said. Thomas Splain Christopher Nickson r:> Julie Vande Velde Heather Wasiteski Denise Yates People Unite, Take back the Night 'men, Reporter FBI. report, which also states that one out k Ihe Night demonstration began in Harnman Hall's Black Box Theater on the South attended "Take Back The Night" is an annual event designed to increase awareness aboui comn event -• . .. - tease This vcrsity as well as in the City of Buffalo, T a can ,H--".n\ resells" • down -i Mm Buffalo s? ; lent survivors of rape and sexual assualt came to .■■-. spread ■ ences ci 'x. in an t: n ■ -• Di i l ry lead■' ings memhei .1. h ;■ Task '-■ minutes to Force ■ represent how frequently j woman is raped in the Unit e-t! "i 1993 i ii — • • > '' • ofeigt clinic, byawnmaiA separate part of this event was the clothesline project Survivors or those who care for survivors designed shirts as a visual display to bear witness to the violence, and hung them on clotheslines to show 1 ints to snail y remerr >■" •■< violent report ■ Ihe 0.. -ncdical an; .illy in ' the cv.- - .. . .. Ttantly, remember this: "Consent" under duress is not le. Bui, as me urvjv. vh ■ ■ rlerisaid, "People ■ ■ ge with them n< >rut -ut every night, its uneswhen Sprea-.il' vo-'U v am live in you g( ho ■ ...-.. fear no lony* " i >cfe The , Night'" ' ', * J Despite falling back, time marches on By Jessica Murphy, News editor We all just just "fell back" an hour this past Saturday. In an effort to "save" daylight hours, we "spring ahead" every April, or "fall back" every October by exactly one hour at 2 am on the first Sunday of those months. Daylight savings time was first men- tioned by Ben Franklin in 1784 in an essay satirizing efficiency experts, but William Willet actually touted the idea seriously in hisl9o7 pamphlet, "Waste of Daylight." Daylight savings timewas put to use in the United States and other European countries during World War I to conserve fuel.During World War 11, Congress put all of the US on "war time" mandating that the country run one hour ahead of standard time. During peacetime, this practice came under heavy fire. Farmers were unhappy, because their lives were determined by sun time. Following daylight savings time their lives on two different The controversy effected public clocks. meant running transportation as well, because the buses, trains or planes crossed into every minitime zone. In 1966, Congress passed the "Uniform Time Act" which created a system of uniform time within each time zone, but also exempting those states whose legislatures voted to keep the entire state on standard time. In 1986, Congress passed legislation which mandates daylight savings time begins at 2 am on the first Sunday ofApril and ends at 2 am on the last Sunday of October. --All information gathered from "Daylight Saving," Microsoft (R) Encarta, Copyright (c) 1994 Microsoft Corporation. Copyright (c) 1994 Funk and Wagnalls Corporation. Domestic Violence Task Force personal needs drive smashing success By Kristin Greeley, Assist. News editor On Tuesday, October 24, andWednesday, October 25, UB Law School's Domestic Violence Task Force sponsored a personal needs drive for Haven House, a local shelter for battered women, as a part of their Domestic Violence Awareness Month. Outside of the Law School library, Task Force members collected items needed by Haven House, like personal hygiene items, disposable diapers, craft supplies, and prepackaged snack items. would," said Hooper. In conjunction withthe personal needs drive,the group also soldt-shirts and handed purple ribbons to help increase aware- out According to Caroline Hooper, 2L and Co-President of the Domestic Violence Task Force, over twelve bags of donations had been collected along with over $100.00 in cash donations. "Everyone's been great. We've collected more than we thought we ness of domestic violence. The Domestic Violence Task Force extends a special thank-you to everyone who donated items , and to Jenn DeCarli, Patrick Maher, and to all of the Task Force members who contributed items and their time to collect donations. The Domestic Violence Task Force hopes to sponsor another drive for Haven House sometime later during the school year. Donations are still welcome, and can be made by contacting Caroline Hooper (Box 698) or Kristina Karle (Box 705), or the Domestic Violence Task Force Office, located in room 603. SBA clashes over ESLS Symposium, continuedfrom speaker fund. Smith added a friendly amendment by moving to approve the funds contingent on a good faith effort on the part of the ESLS to receive -10 weeks in an environmental or animal rights setting. The motion to grant SOLAR its rollover money was approved 16 0, with 2 abstentions. Lindao presented another motion to pay bills encumbered from the previous - financial help from other student groups with similar interests. Howlet proposed a friendly amendyear for three student organizations. These ment requiring the ESLS to hold bagel sales organizations, the AsianAmericanLaw Stuto raise money and publicize the event. Due dents Association, the Black Law Students to the proximity of the symposium date, Association, and the Jessup Moot Court though, this amendment would be too de- Board, were not responsible for the outmanding on the ESLS and it was, therefore, standing bills. The motion to pay the eliminated. encumberances passed 17 - 0, with 1 ab- Fazili then accepted Smith's motion and the SBA voted in its favor, 16-0, with 2 abstentions. The ESLS'sFirst Symposium on Sports Law in Western New York will be held Monday, November 6, at 6:30 p.m. at the Balcony Lounge Center for the Arts. Three other motions were brought before the SBA. The first was Smith's request for $1,009.75 from SBA rollover funds for the Students of Law for Animal Rights (SOLAR). SOLAR had raised this money through a concert benefit and at the end of the Spring semester the money had been absorbed by the SBA. This money would complement the current $1, 173.79 held by SOLAR to create a fellowship for a first or second year law student to work for stention. The final motion brought before the SBA involved Phi Alpha Delta (PAD). Harvey Siegal of PAD acknowledged that he had "screwed up" and thatdue to his own mismanagement, PAD had a budgetary shortfall of $820.00. Siegal then requested a $900.00 loan from the SBA and was willing to lower it to $700.(X). This money would enable PAD to hold its fraternity initiation and cover advertising costs. Fazili then moved to lend PAD $700.00 which would put the organization in the red according to the sub-board inilil il paid back the amount, but would not freeze its funds. The motion passed 9-1, will) 7 abstentions. At its next meeting, the SBA will vole on a motion proposed by Pete Thompson, SBA Parliamentarian, to amend andreorganize the by-laws under which theSBA operates. The proposed amendments to the bylaws will enforce stricterstandards on SBA voting, office hours and attendance, meetings, duties, and the operations of student organizations. Class Directors also presented items from their agendas at this past Tuesday's meeting. Shantelle Hughes, 1L Director, inquired about the process to rank professors. Acknowledging that the last ranking was conducted two years ago, Hughes expressed students' interest in reviving the process. Prudence Fung, 2L Director, agreed to ask the Academics and Rules Committee whether end-of-the-semester professor evaluations could be used by students to rank professors' performances for themselves. Alfredo Acevedo, 2L Director, next informed the SBA of progress in his efforts to extend library hours during the final exams period. Of three priorities, he first wanted to organize a committee of SBA members to gage student interest in extending library hours. Recognizing the issue of safety, Acevedo next wanted a public safely official at Ihe library during the ex- page 1 tended hours. Acevedo also wanted to conduct a student survey to see if other provisions were necessary. He added that the only extra costs to extending library hours were incurred by extra use of electricity, the employment of 2 more work-study students and possibly a safety official. Acevedo also proposed that costs could be minimized if the library was open only to law students during the extended hours. He was concerned, however, of the ethics of closing a public facility, such as the law school library, to the community. Hamboussi suggested having a trial period to determine the program's success. Smith added that empty classrooms were a good place to study but complained that maintenance personnel ask people to leave at 12 to 1 a.m. Hamboussi recommended that someone should ask the maintenance department to clarify their policies on studying in empty classrooms at night. SBA parties were also discussed at the meeting. Lindao announced that the Barrister's Ball, a formal event, was scheduled for March 1, 1996, a Friday, at the Hilton. The meeting concluded with the announcement of Ihe SBA Halloween parly on October 30. �THEOPINIQN 4 OPINION EDITORIAL US Novemberl-, 1995 ,50 I'tt *££ yooS .. Founded 1949 , , ,„„,,. i 36, kt Volume Noa 4 November 1, 1995 ** \r Samuel S. Chi Editor-in-Chief Steven Bachman Dietz Managing Editor EDITORIAL: We could have had the time of our lives... The field of law is changing. As future lawyers, we need to rely upon collegues affiliated in different fields in order to succeed. As students at ÜB, we have a unique opportunity to network some of those needed connections early because we have so many graduateprograms on campus with which to make connections. So, why aren't we? Law students have a bad rep on campus for being exclusive and rude. There are ways to improve this, but thatentails finding out where people go out on the weekends, and that's tough when we're so isolated in the law school. Actually, the SBA was approached by the business school about contributing towards a happy hour, but the SBA decided that funds were too limited to participate in the venture. So, as law students, we're really being seen as cold and uninterested, and party poopers not willing to share our toys The SBA wasn't incorrect in refusing based upon funds shortage. They really don't have the money to expend. In toto, the SBA has a budget of $3000.00 with which to run the Barrister's Ball among other things. You see, the business school was asking for $800.00 dollars from our coffers to participate in the joint venture, and would have given part ofthat money back, depending on how many law students actually attended. The problem here is that as future lawyers, we're missing out on one helluva networking opportunity at that happy hour, and for those single people out there., .the opportunity tomeet people outside ofthe law school. But, sadly, no alternative measures were explored by the SBA to see ifthere was another way to participate. Maybe next time... For the law school to have participated in the venture, it would have required every student in the school to give about $0.80 each. There would have been a 1 to 2 dollar cover-charge, but the food and drink would have been free, the cover-charge returned to the SBA, and we would have had a chance to clean up our campus reputation as the party animals we really are. Think about it, for those opportunities, would you have coughed up $2.80? It's less than one lunch...and a lot less than a night out...you can't get a movie at Blockbuster that cheaply. Now, theentire venture has been scrapped because of lack of interest...not just on our parts, but also on the parts of the medical and dental schools. Perhaps, next time we can gather a little gumption and put an undertapped resource to work for us. If you can afford a dollar...you can make some connections you never thought possible...lf you receive a letter In your mailbox, or seea table in the hall, stop and ask. How many of us think nothing of blowing fifteen or twenty bucks on case notes? If you can afford a couple of dollars, and some time to head over tosomeplace like the New Pink after work on a Friday, then you're also grooming your future. Think about it. STAFF Interim Business Manager: Production Manager: News Editor: Features Editor: Photography Editor: Art Director: Lisa C. Nasiak David Leone Jessica Murphy Mike Chase Molly Kocialski Len Opanashuk If you have an opinion on anything published in our newspaper or on any current events topic that concerns the law school community, write The Opinion. Letters to the editor are best when written as a part ofa dialogue and must not be longer than two pages double-spaced. Perspectives are generally opinion articles concerning topics of interest to the law school community and must not be longer than four pages double-spaced. All submissions are due the Friday before we publish. Your submission must be typed, doubted-spaced, and submitted on paper and on a computer disk (IBMWordPerfect 5.1 format). The Opinion reserves the right to edit any and all submissions for space as necessary and also for libelous content; we wilt not publish any unsigned submissions. Send your submissions to The Opinion office or place them in box 640 Desmond results explained To the Editor: It has come to our attention that many competitors in the 1995 Desmond Moot Court Competition have questions about the criteria used to determine which teams advanced to the Quarterfinal round of the competition. We would like to clear up any confusion. At this year's competition, teams advanced to the Quarterfinal round based solely on the combined oral scores. In years past, teams advanced based on average of briefand oral scores. The decision regarding advancement criteria in this year's competition was an executive board Assistant editors: Features: David Filch, Dan Killelea; TVeu-.y. Julie Meyer, Kristen Greeley Photo: John Gasper. Senior editors: Evan BaranolTand Peter Zummo. Computer consultant: Peter Beadle Ices Tell us your opinion! lhc Opinion is a nun-profit, independent, studcnl-owned and run publication funded by the SBA from student law the Opinion. StJNYAI Buffalo Amherst Campus, 724 John Lord O'Brian Hall, Buffalo, New York 14260 (716) 645-2147 lhc Opinion is published every two weeks during the Fall and Spring semesters. Il is the student newspaper of ihe State University ol New York at Bullalo School of Law. Copyright 1995 by "l"he Opinion, SBA. Any reproduction i>l materials herein is strictly prohibited without the express consent of the Ldiiors. Submission deadlines lor letters lo the editor and Perspectives are 5 p.m on the lriday preceding publication. Advertising deadlines are 6 p.m. on the l-'riday preceding publication. Submissions may either be sent to lhc Opinion at the above noted address, dropped oil under The Opinion office door (room 724 O'Brian Mall), or placed in Box #10 or #280 on the third Boor ol O'Brian Mall. All copy must be typed, doubled-spaced, and submitted on paper and on a computer disk (IBM-WordPerfect). Ixllcrs are best when written as «i p.m nt a dialogueand must be no mine than two pagesdouhle-spaced. Perspectivesare generally opinion articlesconcerning topics ol interest to the law school community and must be no more than lour pages double-spaced. The Opinion reads ami appreciates every letter and Perspective we receive; we reserve the right lo edit any and all submissions lor space as m cevsarj and also I'm libelouscontent. lhc Opinion will not publish unsigned submissions. We will return your disks lo ynui campus mailbox or lo a private rnailhox il a sell-addressed stamped envelope is provided. Ihe Opinion is dedicated to provide a iorum foi the free exchange of ideas As a result, ihe \ icws eetprcYscd in'this new are no) necessarily Ihose ol the tulilors or Stall ol Ihe Opinion. , 4 ,', ;■ "(tmgrtw shall make na Uih ....abridging the freedom of speech, or of the press;...*' (— . tt f **' ,_ , decision. The executive board consulted our constitution, which states only that the top eight teams advance to the Quarterfinal round. When the decision was made, the Executive Board was not aware that the problem packet indicated that advancement to the quarterfinals is based on both oral and brief scores. It was the executive board's understanding, based solely on our constitution, that there were no codified rules regarding advancement and that a decision had to be made. The decision was inconsistent with the problem packet, and we sincerly apologize for any confusion. To avoid the reoccurrence of this situation, the Moot Court Board has already acted to amend its constitution so ,that advancement to the Quarterfinal round wil he based on ■rr-rit both oral and brief scores. It is important to note that advancement to the Quarterfinal round has abso- lutely no bearing on which competitors are invited to join the Moot Court Board as associate editors. Admission to the Moot Court Board is based on the brief score and the individual oral scores for the Preliminary rounds only. Consequently, no competitor was affected by the error with regard to admission to the Board. The Moot Court Board recently amended its constitution to provide that, while third and fourth year law students may still compete in the Desmond competition and will be eligible for all awards, they will not be offered membership to the Board. However, we are happy to announce that a grandfather clause was also adopted, which provides that current second year students who compete in next year's Desmond competition may still be offered membership to the Board. Once again, we would like to thank all the competitors for their outstanding contribution to this year's Desmond Competition. This year's level of performance was exceptionally high and each competito deserves to be commended. Thank you for a successful competition Signed: Theresa Brophy, president David Hastings, vice-president Brian Melber, treasurer Michele Owdienko, Desmond assistant Jennifer Lyons, Mugel assistant �OP/ED November 1, 1995 THEOPINION 5 Follies and Fumbles Greg Mattacola Columnist After the Boys of Summer are Gone IT'S A CLASSIC! The 1995 World Series has been a beauty. Artful pitching. Clutch hitting. Gutsy base running. Games 1,2,3and 5 were one run decisions. Game 3 went 11 innings, with "Old Man" Eddie Murray driving in the winning run for the Indians. Dave Justice briefly found his bat in Game 4 and in Game 5 Greg Maddux displayed his musical talent, playing a little chin music serenade for Murray. This Series has had it all. Standout awards go to Cleveland's Kenny Lofton andOrel "Bulldog" Hershiser while Maddux and Fred "The Crime Dog" McGriff get the honors for Atlanta. Lofton, the leadoff man, is hitting and running like Ricky Henderson used to and Hershiser came back from the Game 1 loss to notch the win in Game 5. Maddox, although coming up short in Game 5, pitched a gem in Game 1, holding the Indians to their lowest run output of the season. McGriff has put fear into the Indian pitchers, hitting two homers. At printing time, the Braves lead the Series 3-2 withgames 6 and 7 in Atlanta. Who am I rooting for? Gotta go with Atlanta. Before the word bandwagon leaves your lips, listen up. I'm a National League guy who still winces at the words "Joe Carter or Mitch Williams." Plus, Mark Lemke, the second baseman for Atlanta is from my hometown. All right, he's from two towns over but when you grow up in Rome, NY, you take what you can get. No matter who you want to win, you have to love Chipper Jones, who plays 3rd basefor Atlanta. Just 23 years old, this guy has something for everyone. He's a player children can look up to, ladies love him and Chipper can play! He's a vacuum cleaner at 3'rd and has got one sweet swing. Not many things are certain in life but Rookie of the Year belongs to Jones. CBS may not have gotten to broadcast of any the Fall Classic but Dave Letterman took care of it. Letterman assigned 10 year old Sparky Mortimer to cover the Series for "The Late Show." Sparky has done a swell job and remarked after Game 5 that he has never stayed up this late so many times consecutively. Can you spell [consecutively] for us Sparky? edt. 's note: Game 6 ended up going to Atlanta, 1-0. Dave Justice cracked a solo homer to give the Braves the series. the Native nicknames do more to American history alive then they do to hurt it. When I hear a Native American complain, I will listen. All you other bozos, relax and watch some ball! MADAME PRESIDENT? I've said from the start that politics is cool. Politics is such a happening thing that actors and musicians love to look politically involved. The latest entry onto the scene? None other than that Matron ofMorality, Madonna. In a recent interview, Madonna said what she would do if she were President. On her wish list was schoolteachers being paid more than movie stars or basketball players and the entire armed forces would come out of the closet. Well, all right. Can you imagine what this woman would do to the tions Political Action Committee. What doesit do? Thus far, it's lobbying has been kept to Washington state politics with it's main purpose being to represent the constituency of young people and more specifically artists and musicians. Any success? You betcha. Recently, JAMPAC convinced Washington Governor Mike Lowry to veto an overly broad anti-pornography bill that had passed the Legislature. Regardless of whether you agree with their views, it's encouraging to see this kind of involvement. Rock on. M-I-C-K-E-Y Why? Because he's a child molester. Just as Desmond Moot Court concludes, with its' topic having been the mandatory registering ofsex offenders, It took all IT ALONE. of Disney finds itself in yet another quagmire. LEAVE about two seconds after Cleveland made it White House? I shudder to think. There is It seems that the director of the new movie, to the Dance before all those bastions of a rumor that Dennis Rodman has expressed "Powder" is a convicted child molester. justice startedthe nicknametalk again. You interest to be her running mate. Not onlythat, but his then 12 yr. old victim, now 20 yrs. old, has come out publicly to know, how the words "Braves" and "IndiREMEMBER HIM? Do you rememprotest the movie because of the director's ans" are derogatory to Native Americans. Frankly, I'm tired of it and I know I'm not ber that band that hit it big a few years ago? involvement. Disney was still reeling from the only one. The same thing, on a much People said they ushered in this new era of "The Priest" andall ofits' bad press and now smaller level, happened at St. Bonaventure. Alternative, now mainstream, music. I think this; which brings even more attention to The Brown Indians had to change to The they were called Nirvana. The lead singer, whether or not sex offenders should live Bonnies for the sake of being politically Kurt Cobain, well, he's gone. Dave Grohl, under restrictions after completing their correct. What the hell is a Bonnie? No the guitaristis currently rocking in The Foo punishment. I have no idea, I'm just a IL. wonder SBU has a permanent lease on the Fighters. But there was another guy, the But that thump you just heard, that was good basement apartment of the Atlantic 10. Did bass player; Krist Novoselic. Ever wonder old Walt, rolling over in his grave. you ever notice that it's not Native Ameriwhat happened to him? Well, Krist thinks cans who complain? As a matter of fact, a politics is cool too. Yet, he went way DIDN'T I TELL YOU? Did I not in the last column give you thetip to bet on the member of the Salamanca Nation painted beyond doing a "Rock The Vote" commerthe Indian headdress at center court of St. cial on MTV. He started his own Political home underdog on Monday Night FootBonaventure's gym floor. How offended Action Committee, called JAMPAC. It See Hot tip on page 6 could they have been? It seems that these stands for Joint Artists' and Music Promo- BAR/BRl's Final Exam Review Lecture Series CORPORATIONS by Prof. Richard Freer * Saturday, Nov. 11 10am-2pm CRIM. PROCEDURE by Prof. Charles Whitebread * Sunday, Nov. 12 CPLR MINI REVIEW by Prof. Vincent Alexander * Saturday, Nov. 18 COMM. PAPER by Prof. Butch Covington * Sunday, Nov. 19 lOam-lpm EVIDENCE by Prof. Charles Whitebread * Saturday, Dec. 2 10am-4pm lOam-lpm 10am-4pm ALL LECTURES WILL BE PRESENTED ON VIDEOTAPE AND WILL BE HELD IN ROOM 107 THE CORPORATIONS LECTURE IS£ff££ FOR ALL STUDENTS. All other lectures are open to BAR/BRI ENROLLFES ONI.V who have a minimum of $75 on account. For more information contact the BAR/BRI office at (800) 472-8899. BAR REVIEW TM Lei Hit- POWER OF EXPERIENCE work for you �6 THEOPINION One hot bet.continuedfrom November 1, 1995 page 5 M^ continuedfrom both traditional and non-traditional legal careers," explains Wolfgang. The First Symposium's Panelist list includes Mr. Kevin Billet, Vice-President of Business & Legal Affairs for the Buffalo Sabres, Mr. Michael Buczowski, General Manager of the Buffalo Bisons, Mr. James Overdorf, Director of Business Operations for the Buffalo Bills, and Mr. Vince Tobia '74, an attorney with Lipsitz, Green, Fahringer, Roll, Salisbury & Cambria. Channel 7 Sportscaster Eric Goodman will serve were donating thett time and I those who | efforts to this worthy cause. These type of j things make me feel good, theyrestore my | faith in this crazy world. And then 1 come as moderator. Mr. Billet worked for Turner Broadcasting System in GreatBritain before com- i home and see the headline, "Phillips back : mood. ing to work for the Sabres earlier this year. Mr. Buczowski has "real-world hands-on experience. He does it all," according to Wolfgang. Mr. Overdorf is a law school graduate who can offer a great deal of insight into a non-traditional legal career. Mr. j topstaciiceat Nebraska" Seeyalatetgood For those of you who don't follow college football, let me clue you in Lawrence Phillips is a phenomenal running back for Nebraska who was once a leading pre-season candidate for the lleisman Trophy. Once is a key word. Phillips was suspended for six weeks for assaulting his ex-girlfriend There is no "alleged" in this story. Philips was Cony ktcd and will lie sentenced oo Dec. 1 for misdemeanor assault and trespassing. Yet, he has remained in school and now Coach Tom Osborne has put him back on the team, In the wake of the Simpson saga, what kind j ofexamples are these? Fathers all over the country can say, "Keep practicing Billy. senator can t be too on top ot inmgs. Tobia, a UB Law graduate, handles corporate legal work for the Bills. "He's the one who brings the lawsuits against those pub owners who show the blacked-out games," notes Wolfgang. Originally formed in 1983 as the EntertainmentLaw Society, ESLS was rejuvenated last year by current President Andrew Freedman, 3L. Freedman and Wolfgang are supported by Secretary Brigid Lyons, IL, andTreasurerKarmenKardum, IL. ESLS is a very active student group which, most visibly, brings several speakers to sepak to the law school. "The purpose of the ESLS is to develop relationships between law studentsand the legal entertainmentand sports pa%e / Wolfgang herself scored a position through ESLS with ex-player, -G.M., and V.P. of the Sabres, Gerry Meehan '82. Meehan now heads a consulting firm specializing in sports marketing, licensing and immigration issues. Wolfgang met the exSabre when he came to speak last semester. "He's a very engaging man... Actually, he continuously proposes a sports law class to UB Law. He has for the past five or six years, but they keep rejecting his offer. So now he teaches it at Canisius," adds Wolfgang. Wolfgang isn't the only student to take advantage of the opportunities that ESLS provides for networking. "Last year we had four guest speakers, and out of the contacts they made while they were here, three of them hired three different law students." ESLS advocates an increased focus on the areas of sports and entertainment law areas which aren't currently taught in any UB Law classes. "We don't want professional sports clubs to go outside of Buffalo [to hire] when UB Law is right here!" The group plans to keep on working hard to bring UB Law a good name in Western New York. Wolfgang promises, "if the Sports Law Symposium is successful, we plan to have a Entertainment Law Symposium in the Spring... Broadcasters need lawyers [as agents] too!" The greatest lesson to be taken from Wolfgang's success thissemester? "People from all over Western New York are willing to speak to UB Law students for free. We should be getting them to come here!" - - communities." >^ q I Join the Opinion WHY BAR/BRI J ..,;:s*;illlllllllllllll::;:=*,, ■I:; BECAUSE lai Be published, EXPERIENCE COUNTS Let the POWER OF EXPERIENCEwork for you : make your parents proud Drop a note in Box 640, call 645 2147, stop by room 724, or e-mail sschi@acsu.buffalo.edu < J �November 1, 1995 FEATURES FEATURES THEQPINION 7 Welcome to Rural Legal Corps Rewarding Summer Jobs are available for 2Ls By Sara Meerse, Special to the Opinion The National Association of Public Interest Law (NAPIL) is sponsoring the second year of the Rural Legal Service Corps, a summer internship program for second-year law students. This program seeks to recruit qualified law students to work in remote rural areas that traditionally have been unable to attract law students in the past. Beware, there is a strong emphasis on remote. For instance, one intern from the summer of 1995 had to hike 6 miles each way into the rand Canyon toreach the Native American popuation her agency served. Additionally, there is a wofold pro bono requirement for this program. At the institution level, a law school must have a tructured pro bono program in place. UB Law's >articipation in Pro Bono Students America meets lis requirement (read about the PBSA. in the ext Opin- "My experience in 'The County' tumecl out to be *> the best summer of my life..." 1 F or summer of 1996 there are 38 fellowships vailable. The fellowship requires a 10-12 week ommitment, one week pro bono, one week in raining in Washington, D.C, and 8-10 weeks of >aid work at your site. There is a weekly $300 tipend for a maximum of ten weeks, excluding bono and training weeks, le Ko'o apply, students must contact agencies process is two-tiered. First, agencies conduct telephone interviews of applicants in December Presque Isle was located four hours from the and January and send a list of students in order of preference to NAPIL. Second, NAPIL contacts students about arrive in the CDO coast and made up the "Northern Maine Woods." And, (2) a former intern once turned around and returnedto Boston before making it to Presque Isle. The distance, lack of people, and amount of trees passed along the wayconvinced this summer intern that Presque Isle was not a place to spend any time. As I drove further north along Route 95, it began to "snow" and even worse, it was sticking! Eventually, the interstate ended; however, my journey continued north, on two-lane roads. Finally, I reached my destination, somewhat panicked at my decision to spend 14 weeks at the seemingly sometime this week. Take a look. Stop in $ara \f eersei Grad. Asst. Room 612 and talk to me, a former RLC Fellow. CONTACTS There are three UBLaw studentswho participated in the program this past summer: Dan Werner, Scott Budelman, and myself. All of us highly recommend the RLC program and encourage 2Ls to apply. If you have any questions about theprogram, a particular agency, or the summer in general, feel free to approach any one of us. Dan Werner worked in South Carolina on migrant farm worker issues, and Scott Budelman worked in Western Nebraska(Scottsbluff...no kidding) for migrant farm workers and and on some end of nowhere. As I walked to the office the next morning, the attorney stuck her head out of the office door and said, "you must be Sara." So, yes, I stood out that much, and the town was that small that a stranger was easily identified. As this tale continues, my experience in "The County" turned out to be the best summer of my life. The office consisted of only one attorney, one paralegal, and two part-time secretaries to serve the largest county in Maine spanning 6,736 square miles. As a result, the population of 80,000 residents has been woefully underserved. Because of the array of legal needs and the shortage of staff, I was able to work on a variety of issues and had a tremendous amount of responsibility. The issues I worked on included Medicaid, their personal preferences (if they are the first choice of more than one agency) and notifies students of theirfinal site by early — January. Materialsfor this program should . MY RLC EXPERIENCE my two-day journey to Presque Isle, on May 6, fresh out of finals, anxious and The only things I knew about Aroostook ■>egan Quilting to Kill Time - domestic violence, child support enforcement Native American issues. Cinema Judgment and distributions, special education, housing, unemployment and other public benefits. The type See RURAL LEGAL CORPS on page 10 TRICK OR TREAT!! FBI nabs the Unabomber! by Ali Puglisi, Staff Critic Do you remember The Joy Luck Club! I will never forget it, not only because the based on the best selling novel by Chinesefilm author American Amy Tan was wonderfully written, directed, and acted, but also because I originally watched the film the night before taking the LSAT, primarily in an attempt to relieve the stress of the impending event. The film was exceptional; it not only kept my interest the entire time and sucessfully calmed my nerves, but it probably even helped me to score well on the test and get into law school. Now, almost two years later, the stress has changed (job search), but my source of relief, the movies, has remained the same. Therefore I was quite pleased when I found out the day before my big interview in New York City that a new movie, How to Make An American Quilt, widely compared to my old savior,JoyLuck Club, was playing in a local theater. I immediately thought back to how Joy Luck Club had helped me survive the LSAT and hoped that American Quilt would give me the inspiration I needed to somehow, against all odds (i.e. not on law review or moot court board), land that big job in a New York firm. American Quilt focuses on a young graduate student, played by Winona Ryder, who is spending the summer at her grandmother's house writing her thesis for the third time and trying to determine if she is ready to take the plunge into marriage. In the course ofher stay, she encounters members of her grandmother's quilting group who are in the process of making her a quilt for her upcoming wedding. Each member of the quilting group is making a patch for her wedding quilt which symbolizes their particular experience with loveand heartbreak. The story behind each patch is conveyed to Winona through a series of flashbacks. It may sound to you as a good premise for a movie, but the basic problem is that there are just too many members of the quilting group and too many flashbacks. After about the fifth member of the quilting group recounted their tragedy, I was ready to give up on the whole concept of love County, Maine were the following: (1) the name, Presque Isle, was deceiving. Although its name translates to "almost an island," gmore photos\ \. inside.,, J) SBA I Halloween Party at Heeiian's/ Best Costume Winner JenniferDonnelly with Randy the Cowand Judge Lancelto altogether. You will have to go to the film yourself to see what Winona decides. The main redeeming quality about the movie is the cast. There seems to be more prominent character actors in this film than in a typical Robert Altman film. The following is justasamplingofsome ofthe highlights: Winona's played by Anne Bancroft— remember her depiction of Mrs. Robinson in The Graduate; Winona's mother is played by Kate Capshaw— aunt is more commonly known as Steven Spielberg's wife, and the head quitter is played by Maya Angelou-who I did not realize was also an actor. Unfortunately, American Quilt did not live to up its predecessor, Joy Luck Club, for a number of reasons. First, it dragged on and was just too depressing, particularly on the subject of love. Second, and most importantly, it did not help me land the job with the big New York City firm-I received the rejection letter last week. I plan on trying to find another film, maybe The Scarlet Letter or A Month by the Lake, for my upcoming interview in Syracuse or maybe, I will just take up another profession, possibly quilting? �FEATURES THEOPINION 8 "Dear Judge Friendly" Moot Column Dear JF- by Dan Killelea, Asst. Features Editor -1 have this friend that I'm really Honied about. Lately, it scents all he talks about and thinks atwut is sex. I really think he's becoming a sexual deviant, between his fantasies, which he insists on shuting with anyone who will listen, and trying to pick up women every time he moves, wftether in a bar or walking tltrvugh the union. li sounds to me like we have a friend in common, or else I have been watching too much Gordon Elliot,Rolanda and Ricki. Or maybe the problem is that your friend has been watching too many talk shows.. ALONE. Fat be it for me to judge, but Ido believe that sour friendain't gettin' any. tt has been my experience, ofcourse not first-hand, that those who talk it uparen't getting it up. You have two choices: you can either nix the nympho or help him through this troubled time by fulfilling all of his sexual fantasies. Did you ever see 9112 Weeks? You could get a gold star for volunteering your services, and of course, you may even benefit from the experience. This is assuming that you are of the femate persuasion, and not ofthe same sex as your deviant pal (not that there's anything wrong with mattress and gaze upon one of my that!) If 1 have made an erroneous finding, you may amend your most treasured possessions. I also grab my copy of the best-selling complaint. LPs of all time. It's the same ritual for me each year: In the gentle glow of a nonbleaching fluorescent plant light, I Remanded. crack open the album cover (after Judge Friendly. all these years I still think that tiger cub is just the cutest thing). Blowing the dust off the vinyl disc, I set it spinning on my turntable; the pops and hisses have become as integral to the music as any ofthe notes that Dear Judgecame from the pen ofMichael himAs the tempo increases and the Last night I attended the law school Halloween Party self. begins to throb, I get the allbase and was devastated by the rcsidts of the costume contest. I fell ii rush I need to strap on a important was so unfair. What can 1 do to make my opinion iatown and mask and run with the plastic Barney cltange the results of this? candy crowd on Halloween. Sadly, my First Year studies ■'•• uiiS V■■ ■*•>•• "; . ~, ''!- Dear Spooked- Jnpathl vetrav- This past weekend many ofyou heard an unusual sound. It was not the wind whistling in your ears, nor the autumn leaves scraping and bouncing along the streets and walks. It was not the crackle of kindling underfoot, nor the lonely tapping of a loose screendoor against itsframe. It was a sound not unfamiliar to this season, and yet strangely out of place. The sound you heard came from my apartment, and was the sound of Michael Jackson singing "Thriller." You may be asking yourself, "Hey now, howcould this be? They haven't played that song on the radio well, in a long time!" And since you would be right. But what you and yourself don'tknow is that each year at about this time I lift my Dear Pervert's Pal- November 1,1995 ' that have enme to maxi- my enjoyment ly take. Per- he most obvito check youi vhen you get Just throw out ing that isn't late or choco ised. And tr ;r clear of th ;er kids - the ibethetroub s. They're th /ho'llcrytoth kept me from my appointed rounds a year ago. But this year marked a return to the Trick or Treat Circuit. It's been two or three years since I did any sort of serious door-to-door work, and to be honest, I found that I missed the action. As with so many of these hunting-type activities, I've found "it's not the kill, it's the thrill of the chase." By thatI mean thatI could easily go out and buy myself four or five pounds of bite-sized candies,but that would take the pleasure out of it. I find that I most enjoythe "hunt" part, where it is the skill of surveilling the right houses that gets you the best candy. There are, of course, a few "rules of the road" that I've picked up along the storied Hal- :r walking wit ke any of their i smoker, you might try hitting a few retirement communities, or nursing homes they're usually good for a few packs of smokes, but you have t careful with your approach ("sub dued" is the operative mode here One thing that I learned just thi year is that Barney doesn't neces sarily inspire happy, loving fee ings in everyone you come acros And I've got the restraining orders - Brove it. Don't forget to have a good time. If you have to listen to a few cuts from "Thriller" to lower your inhibitions, or psych you up before you go out, feel free do whatever works for you. And listen carefully next year... you may - hear Vincent Price terrorizing Y'ALL's neighborhood. SBA Halloween Party at Heenan's I too attendend the costume party and wasalso unsatisfied wnh ihe results. First, a little dicta before my holding: October 30,1995 ■■ Okay, back to the issue at hand. 1 thought that the cattle were cute, and the male cow (an oxymoron.) was a veiy good sport. However, these were store-bought costumes not very creative. There were some creative costumes which deserve notice. The sperm and egg were- interesting. The Tetley Tea Bag was quite original, and that talking parrot on the pirate was, albeit quite annoying, very creative and amusing. My advice is to file a com- LEFT: Soda Maniekan, Coleman Welby andPaul - Aritonowicz plaint agiainst the judges seeking compensatory damages. You maywant to contact the reproducers, tea bag, and parrot and bring a class action! Good luck. We must all work together to ensure that Halloween does not become a capitalistic travesty of justice! Judgment Affirmed, Judge Friendly, RIGHT: Celeste Murphy, Ddniela Atmeldd-Quigg and their new friend Juliana LEFT: Caroline Hooper, Rob the Egg andKristina Karle Do you have any questions or problems with law school or your love life? TELL IT TO THE. JUDGE! Tb reach the Judge, just drop a note in Box 640 by next Friday* November 10th, EIGHT: Julie Ro.senbtm and Sylvia Valentin �November 1,1995 FEATURES THEOPINION 9 Schlegel! Q & A with our own Truly Odd Professor By Dan Killelca, Asst. Features Editor To many of us now beyond our First Year here at ÜB, the unique experience of taking a class from Professor John Henry Schlegel is one which typifies our IL experience. He is somewhat intimidating at first, requires you to labor through dense readings, and only sometimes makes sense. To shed some light on "the man behind the curtain," I recently sat with him to discuss life, law, and Chinese food. Q: To start with, maybe you could tell me something about your childhood, what you were like as a child— were you interested in athletics, or schoolwork, or art, or— A: I'm an asthmatic— the limits of medicine at the time meant that I was a largely sedentary human being. A basic uncoordinatedness added to that. I read a great deal. At the age of 12 my father gave me a subscription to Fortune Magazine because he was tired of my stealing his. Q: What is it about the law, or law school that attracted you, that made you want to— A: Going to law school was a terrible mistake. I wanted to be a financial officer in an international construction firm. And I was trying to put together law and business joint degrees. I misread [the University of] Chicago's catalogue— always read the statute- and found out, somewhat too late, that they didn't have a joint degree program....So I went. And I got excited by law school in a very negative way. I hated it. I simply hated it....1t was not "the law" as I knew it. Though concerns I had whenI was a law student were only the obvious ones, the much more serious ones were that the students came out without any ideas, as I had none— well, I had drafted a complaint. Q: So if you had been forced to go into an area that had nothing to do with the law or economics, what do you find most appealing, or what would you— A: I would be a psychiatrist. Q: Oh yeah? A: There's no question about'it. That was the choice, that's the choice in back of the choice to do law and business. Q: And what would you tell one of your children if they said that they wanted to go into law, and they— A: I have told my children- not that either ofthem are ever likely to— that it is the only thing that I would not pay their tuition for. My daughter is on the road to being a professional artist and the short one, I don'tknow what he's ontheroadto. He'll be a salesmanof some kind. He'sgood with his mouth. Q: So are lawyers. A: Yes,but, heknows enough. I do not think he would consider it. Q: Why Buffalo? What is it about Buffalo that'sA: They offered me a job. Q: But what's made you stay? A: Oh, it's a quite unusual place to be. There is surely more freedom here for unusual thinking than I think I can say [at] positively any other school in the country. This is a place that has tolerated deviance to the point whereit has become almost our norm, and we should be scared of that. To a reasonably large extent, [we have] escaped the strictures of a truly doctrinal legal education-- it's quite an amazingthing. Q: I assume you view that in a positive way? A: That's absolutely essential. Q: I'm wondering how you have managed to avoid being dehumanized by the law. In other words, how have RIDE BOARD Need a ride home? Looking for passengers to share expenses? Welcome to the law school's Ride Board! To post a needed ride or one you plan to take, just drop a note with your name, box number, phone number (optional) and travel plans in Box 640 by next Friday, Nov. 10th, and The Opinion will print it in the next issue! you managed to maintain your compassion? A: You have to fight constantly. You just simply have to Q: Are there certain charactenstics-A: No, no, no, it's not defined that way. An intellectual is a role in society...as well as a set of social practices. They go to conferences, they have freighted talks at cocktail parties, they read a lot of books. They take thought terribly seriously. They buy from LL Bean. Q: And yet, there are those who are intellectual who fight constantly, you've no other choice. It comes easy for me in the sense that a good portion of my last two years in High School and my ■ four years in college Prof. John Schlegel were absorbed with existentialism. And existentialism, I think if it teaches anything, is that one has to keep fighting. Fighting is part of the enterprise, part of what it is to be human, and so it comes naturally to me in that sense. Q: Does that somehow interact with your teaching method in [that] you don't really use the Socratic method? I know a lot of lLs think the Socratic method is fairly sadistic, so is that perhaps where you— I used to be. I was at one point, one of the most nspirited Socratic teachers in the building. And at c point I came to realize that the questions were too hard, that the questions I wanted to talkabout were too hard for anything but volunteers. And so I just quit it. Sort of kA: cold. IQ: What sorts of things would you suggest to the IL udents now, in order that they maintain their humanity, or their identity, as apart from law school? How would you that they attempt to survive "the deluge?" Are re things here in Buffalo thatyou would say, "Oh, goand see this," or "Go and do that"? A: Oh, no, that's not the right answer at all. It's in your head. All you can do is "...you know, tommend don't fit that mold. Wouldn't you agree? A: No, there can't be. 'Cause I just gave you a definition, and since they fall outside of the definition of course they're not... To be an intellectual is to define a type of intelligence. Is it the only kind? Of course not. Do they believe it's the only kind? Quite clearly. Q: How do you best like to exercise your mind, or your brain? You don't seem like the type to waste your time watching a lot of TV— A: I watch almost none, although I'm a weatherchannel junkie. Q: I had asked many of my peers for questions to ask you, and a number of them came up with questions that related to your sense of style...[it] is distinctive to a lot of people. I'm wondering where you get that, or...your aversion to wearing a belt? A: Some pants needs a belt, some pants don't. I've worn the same frames for 25 years [and I] don't see any reason to change them. I grew my hair long in the- I would've had it long in the early 60's but you did not show up in federal court with long hair. I like plaids— they're cheerful. They're more cheerful than the banjo. Snoopy always said it was the most cheerful sound in the world. Beyond that, you know, I never paid attention to the clothes of my teachers. I must confess I don't pay attention to my own. I'm always dumbfounded at students who do. Must be the admiraQ: - f a [A: I think that's probably oddness. not it, it's I never What's the best movie Q: fight...and recognize that paid attention to the clothes you're being transformed, you'veseen recently, orwhat'syour whether you fight or not. It's favorite movie? my teachers. I must just that if you fight, you have A: I can still see the I don't pay attention a little more control over the Sweedish film "My life as a Dog" in to my 0wn..." my head. I liked "Clerks." I saw transformation. Letting someelse be "Kids." It was the most horrific thing consuming, whether it be family, or chilthingl'dseeninyears. Itwasavery / dren, or- God forbid, I hate to good movie. I loved "Flight of the this- the Buffalo Bills. Or art history. Navigator." I also loved "...batteries not included." I liked Q: So maintaining some other focus— that. I enjoyed "Much Ado About Nothing." I liked A: One needs some other focus— I don't think [what "Howard's End," the "Remains of the Day." The aimless it is] makes much difference, but I thinkthat's only because pointlessness of ["Kids"] was horrific. it gives you the illusion that you have an anchor somewhere Q: What about music? Do you have a particular taste else in the world. The only thing you can do is to constantly in music, or a style of music? ask the question, "What are we talking about? Why are we A: lam married to a professional musician. She's a not talkingabout this? What would I say about this if it were pianist. And one of the odd things about being married to talked about? What is being suppressed here?" Now if you a profesional musician is that you hear very little music, can't do that, of course, because you happen to like what's though you hear a lot of practice. I once listened to a great deal of modern music. Late 20th century stuff. Still enjoy being talked about and what's being said, you know, then guess it's just beer. And bowling. It's a good heer am it. My son listens to Weird Al Yankovic, who I find bowling town. hysterically funny. Q: Well how badly are this year's lLs being deprived Q: Is therea certain type [of music] you would avoid, by not having you? Oh I think they're being advantaged. A: No. I'm largely omnivorous. Q: Oh really? Q: What will you [do] for Halloween?... A: I will have distributed candy to children who come A: One gets stale after a while-- no student is intaged by a stale teacher. And indeed, that I think is the to the door. You hope it isn't raining. test risk in law school, from the teaching side. Q: What's your best excuse, or favorite occasion to Q: So Contracts had become routine? get together with friends...? A: Contracts had become routine. A: Chinese food. Q: I don't know that there's anyone here that would Q: Where's the best place for Chinese food, then? describe you as "stale" but I would say that there's definately A: There isn't any. Lots of people like the place in a perception of you, or a reputation that you have in the Fort Erie. I think the best oriental food in this town is made school, and I'm wondering what your take is on that. What do you perceive, or what do you think people's perception Q: Having been raised in the Chicago area, what do of you— you think of the pizza here? A: "Schlegel talks in code." "It's difficult, it's A: Oh, it's never very good. Buffalo pizza leaves irrascible, he has no answers." They're all convinced that much to be desired—much. there are answers that I won't give people. I love that, Q: What doyou think ofIhe Opinion? Doesn't it have because I constantly say, "there are no answers. There are really good features columns? A: Yes, features writer, I like your machine! 1 think only questions and work to be done." And I still lie. It's quite wonderful. I once thought that I was destined to be Mr. that The Opinion has an impossible job. Almost nothing Chips, but it quickly became clear that I'm not. All of my happens in the building for weeks on end, and the only thing questions are hard and unpleasant, and people don't like that's likely to happen is some bizarre dispute at theStudent hard and unpleasant questions. Bar Association. So The Opinion has the problem of putting on a.newspaper in which there is no news Law 0: What is your definition of an intellectual? schools ;ue basically very sleepy places. J '-.. though. of confess \ I tA: , _ ' �10 THE OPINION November 1,1995 Desmond Banquet at Networks October 21, 1995 - Best Oralist Scott Lovelock, 2L The Winners! Dave Pfalzgraf, 2L,dnd Sue Etu, 31 The Desmond Moot CourtBoard, left to right: Scan Kennedy, 3L, Eric Can, 3L, Theresa Brophy, 3L, and Michele Owdienko, 3L - Weekly Meetings Mondays 6:30 p.m. Room 724 Rural Legal Corps continuedfrom page 7 of work varied from training local shelter staff on domestic violence laws, to legal research and writing, to client intake and interviews (and were home visits different!), to representation in administrative hearings, and through a practice order, two appearances before the Maine District Court. The attorney 1 worked with, Sarah E. LeClaire (nicknamed Sarah Sr.; I was called Sara Jr.) had been at the Presque Isle Office of Pine Tree Legal Assistance for 11 years, and she truly became my mentor. What made the summer even more memorable was the experience outside of the office. 1 hiked Mount Katahdin, planted pine trees, participated in a 45-mile bike ride (a fund raiser for the Battered Women's Project), and by the end of the summer, 1 felt like a member of the community. This is a program well worth an application Just stop by the CDO to find out more. Sura Meerse is a Graduate Assistant in the Career Development Office. The Semifinalists, left to right: Caroline Hooper, 2L, Scott Philbin, 2L, Kristina Karle, 2L, Dave Marshall, 2L, Sue Etu, 3L, Karen Richardson, 2L, Dave Pfalzgraf, 2L, and Jeremy Schulman, 2L We would like to take this opportunity to congratulate the winners of the 1995 Charles S. Desmond Moot Court Competition, Susan Etu and David Pfalzgraf. Their victory was well deserved, reflecting both great effort and ability. Sue anad Dave have demonstrated, in both victory and defeat, their unqualified strengths which will undoubtedly contribute to their success as litigators. signed, Scott Philbin and Jeremy Schulman :: ' '''',>:,:^:o:::o:o:jS:o:o:::-: ::: ::: '''''' edt.'s note: Philbin and Schulman were beaten in the Moot court finals by Pfalzgraf and Etu. �THE DOCKET November 1, 1995 THEOPINION Phi Alpha Delta is selling Entertainment Coupon Books. Contact Eric Dawson, Box 55, or Rosemary Ryan, Box 211, to order a book. Phi Alpha Delta Rush Party Thursday, November 2 at 7:3opm at Scotch & Sirloin, 3999 Maple Rd. The Buffalo Entertainment and Sports Law Society presents "The First Symposium on Sports Law in Western New York" Monday, November 6 at 6:3opm in The Balcony Lounge, Center for the Arts. Panelists include: Kevin Billet Buffalo Sabres, Vice-President of Business and Legal Affairs Michael Buczkowski Buffalo Bisons, Baseball General Manager James Overdorf Buffalo Bills, Director of Business Operations Vince Tobia Attorney, Lipsitz, Green, Fahringer, Roll, Salisbury & Cambia Eric Goodman Sportscaster, WKBW News Channel 7 - - - - - Law Groups, Advertise For Free On The Docket For more information, call 645-2147, drop a note in box 640, stop by room 724, or e-mail sschi@acsu.buffalo.edu Thanks for taking the initiative, Judge! Personals are FREE!!! Place yourpersonals in him # 640. 1 �12 ADVERTISEMENT YTHEOPINION November 1, 1995 BAR/BRl's First Year Review Lecture Series EXAM WRITING(LIVE) by Prof. Joseph Marino * Friday, Nov. 10 CONTRACTS by Prof. Michael Spak * Saturday, Nov. 11 10am-4pm * Sunday, Nov. 12 TORTS by Prof. Richard Conviser * Saturday, Nov. 18 CONSTITUTIONAL LAW by Prof. John Jefferies * Sunday, Nov. 19 lOam-lpm REAL PROPERTY * Saturday, Dec. 2 10am-4pm * Sunday, Dec. 3 9:3oam-s:3opm CRIMINAL LAW by Prof. Charles Whitebread by Prof. Joseph Marino CIVIL PROCEDURE by Prof. Richard Freer 12:30pm-4:3opm 10am-lpm 10am-4pm ALL LECTURES WILL BE PRESENTED ON VIDEOTAPE UNLESS OTHERWISE INDICATED AND WILL BE IN ROOM 106. THE EXAM WRITING LECTURE IS FREE FOR ALL STUDENTS. All other lectures are open to BAR/BRI ENROLLEES ONLY who have a minimum of $25 on account. For more information contact the BAR/BRI office at (800) 472-8899. BAR REVIEW Ml Let BAR/BRl's Power of Experience work for you I � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Opinion, 1995-11-01 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. The Opinion no. 4 01.11.1995 Date Issued Date of formal issuance (e.g., publication) of the resource. 11/1/1995 Bibliographic Citation A bibliographic reference for the resource. Recommended practice is to include sufficient bibliographic detail to identify the resource as unambiguously as possible. 36 4 Publisher An entity responsible for making the resource available University of Buffalo State University of New York at Buffalo Law School Language A language of the resource eng Type The nature or genre of the resource Newspapers Text Is Part Of A related resource in which the described resource is physically or logically included. LIB-LAW003 Rights Information about rights held in and over the resource <a href="https://rightsstatements.org/page/CNE/1.0/">COPYRIGHT NOT EVALUATED</a>. The copyright and related rights status of this Item has not been evaluated. Please refer to the organization that has made the Item available for more information. You are free to use this Item in any way that is permitted by the copyright and related rights legislation that applies to your use. This digital collection is made available for research and educational purposes. Researchers are responsible for determining copyright status, and securing permissions for use and publication of any material. Copyright for items in this collection may be held by the creators, their heirs, or assigns. Researchers are required to obtain written permission from copyright holders and the University Archives prior to reproducing or publishing materials, including images and quotations. For inquiries about reproduction requests and permissions, please contact the <a href="http://library.buffalo.edu/archives/">University Archives</a>. If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/b69974c8609ee1d91ad6cb037d517e08.pdf 32a175aad15079be09e64aa1c7671418 PDF Text Text J I Here a Moot Court, there a Moot Court, everywh ere a Moot Court See page 3 I I I I OP\ED Sports andPolitics CriticalTaxTheory See pages 4 and 5 FEATURES Marathon Man seeFeature Column, page 8 Bringingthe issues to thestudentssince 1949 THE OPINION Volume 36, No. 2 STATE UNIVERSITY OF NEW YORKAT BUFFALO SCHOOL OF LAW 0ct0ber3,1995 Professors' Pentiums Pilfered Two computers taken from O'Brian seventh floor offices, reward offered By Jessica Murphy. News Editor Two computers were stolen over Rosh Hashana break from the seventh floor of the Law School. A reward of 250.00 dollars is being offered to anyone who can give Public Safety informationrelated to the robbery. Two new faculty members met Tuesday morning with a nasty surprise. Professor Martha McClusky and Professor Terry Miller discovered parts oftheircomputers missing when they arrived at school. The thieves stole only the central processing units. The thieves also made off with another central processing unit from astorage closet also located on the seventhfloor. All threeCPU's heldbrand new pentium chips. Every stolen computer's serial number is on file at theLaw School. Another professor was robbed of his computer earlier in the summer. This totals four computers sto- There are three types of keys which open thedoors in O'BrianHall. The master keys open all ofO'Brian Hall doors, thesub-masters only some doors. There also are individual office or room keys, said Cook. "Deans and pasts deans have sub-master keys as well as some professors and staff. Masterkeys are heldby Public Safety, and University Facilities. Someone must have duplicated a master or sub-master key, even though it is marked 'DO NOT DUPLICATE.'" said Dean Cook. An immediate step towards solution was taken this past Friday, 9/29/95, when University Facilities employees worked over time tor-key eighty seven offices. These locks hoping to crack the case ofthepurloinedpentiums, signs like this wereposted throughout O'Brian lensofar. "The robbers must have come late in the evening when no one was around," said Marlene Cook, Associate Dean for Resource Management. "The police think that this may be an inside job. There was no evidence of a break-in, so someone had to have had a master key." SBA holds first meeting fiscal issues a priority for Class Representatives by Deshiku Bolejue, Reporter not received the money. Class Representatives and members of the Student Bar Association Executive Board met on Friday for thefirst student government meeting of theacademic year. Amidst discussions of procedural policies, class representatives expressed concern over the Student Bar Association's fiscal practices. Rob Smith, 3L class representative, inquired about the delay in rollover funds for the Buffalo Public Interest Law Program, (BPILP), a program that funds student fellowships for public interest law work. In addition to the program's annual budget, BPIP was promised $5,000.00for the fall semester. The money will be paid from money various student groups did not spend. Although BPILP was promised the amount, it still has Mercedes Lindao, SBA Treasurer, responded that the delaywas caused by thepaperwork involved withredistributing funds and that the program wouldreceive its money shortly. Alfredo Acevedo, 2L representative, echoed concerns similar to Smith regarding theStudentBar Association's fiscal policies. He stated that one of his reasons for running for class representative was to make "sure [the SBA] represents the students and that it is fiscally sound." Interest in the SBA's financial aspects, however, did not dampen the meeting's enthusiasticmood. George Hamboussi, see SBA, page 3 SBA Class Reps Elected 3L Rob Smith (46) SaraHemmetter(43) 2L Alfredo Acevedo (101) PrudenceFung (91) Mikeßeckleman(Bo) JoAnneHowlet*(2l) BariLevant (71) JulieRosenberg (68) TasminHager* (8) Craig HurleyLeslie SareerFazili*(6) (66) DanWerner(43) 1L ShantellHughes(86) Amy DuValle (73) Greg Mattacola (73) Tim Benedict (57) Steve Salob(52) JudyNocella (51) * signifies write in candidate can no longer be opened withthe submaster and master keys. "Each replaced lock cost us 20.00 dollars per lock." said Cook. see SECURITY, page 3 Get Back! Anti-Abortion protestors forced to stay away from clinic goers byJessicaMurphy y, News Editor The United States Court of Appeals, second circuit, affirmed the decision of the District Court for the Western District ofNew York iaPro-ChoiccNetworkofWesternNew Yorky.Schenk, No. 92-7302,1995 U.S. App. LEX 1527647,( 2nd. Cir, Sept. 28, 1995)(enbane). Thepanel affirmed 13-2, holding that the District Court's preliminary injunction provisions burdened no morespeechthannecessary. Thedecision wasanew bane rehearingof two provisions ofa preliminary injunction. The appeal was heard toreconsider the constitutionality of upreliminary injunction issued against abortion clinic protestors. UB Law School Professor Lucinda Findley successfully argued this case before the en bane panel. Professor Isabel Marcus was also extremely i nstrumental i n the sucess of this case. This decision upheld a fifteen foot buffer zone around clinic entrances, driveways, vehicles entering and exiting driveways, and patients and employees entering or exiting clinics. The decision also upheld a "cease and desist" provision which mandated that"sidewalk counselors" must leave anyone entering or exiting from a clinic alone if they so indicate. The opinion was written by Chief Judge Oakes. and a concurrence was written by Judge Winler. Judges Altimari and Meskill dissented.lnformation taken from Pro-Clwicc Networkof Western New York v. Sehenk N0.92-7302, 1995 U.S. Ann. LEXlS27647.(2nd.Cir.Sent. 28. IW.SKenhancY �THFOPINION 2 SB? October 3, 1995 %J rrvi-/i-/ MPRE REVIEW ANNOUNCING OUR LOCATIONS FOR THE NOVEMBER M.P.R.E. REVIEW ***NOTE: All classes will run from 9:00 a.m. to 5:30 p.m. LIVE LECTURE Sunday, October 15, 1995 Fashion Institute of Technology Amphitheater - Main Floor * Enter at 7th Aye. and 27th Street VIDEOTAPE LECTURES Saturday, October 21, 1995 Albany Law School Buffalo Law School Georgetown University Hofstra Law School NYU Law School Syracuse Marriot Melville Marriott Law School Room 17 O'Brien Hall Room 107 Law School Room 156 Law School Room 238 Vanderbilt Hall Room 110 Basin Room will be Posted Board Room (Ist Fl.) will be Posted - - - Walk-ins arc welcome or call 1-800-635-6569 to reserve a seat. Each student that attends will also receive a free 250 page M.P.R.E. Review Book containing text and 150 M.P.R.E. questions. g3k Test Date: Friday, November 10, 1995 Regular Application Deadline: Late Application Deadline: October 13. 1995 November 1. 1995 jMlr>vs^ /Jm^J yffksn £rgi ifgkv �October 3, 1995 NEWS THFOPINION 3 Desmond Moot Court 51 teams go for the gold bySarah Braen, Reporter The Desmond Moot Court Competition is an annual event at the University of Buffalo Law School. This year, there are 51 teams competing both in the writing of a brief and three rounds of oral argument. Teams consist of two people. Competition is limited to second and third year students. The Desmond Moot Court Competition gives its competitors practical experience in effective brief writing. It also allows many competitors theirfirst chance to give oral argument in front of judges and experienced lawyers. Each year, the board develops a hypothetical case from a currently controversial constitutional issue. This year's hypothetical is based a Wimbledon State Statute which mandates therelease ofinformation about sex offenders who move into residential neighborhoods. The competitors will focus on the constitutionality of whether the informationrelease breaches a right to privacy or a right to protection. Each team prepares a brief arguing one side of the issue. Before oral arguments begin, there are several practice rounds. Teams must argue both sides of the case during one ofthe three preliminary rounds. Competitors are scored as a team for their briefs, but are scored ment rounds will beheld from October 16-18. On October 19,the top.X teams are announced. These teams (iclober 2i, at the county courthouse in front of a panel of judges. The panel this year consists of 1995 Charles S. Desmond Moot Court Competition Schedule Fri. Oct. 6 Sat. Oct. 14 Sun. Oct. 15 Tues. Oct. 17 Wed. Oct. 18 hurs. Oct. 19 Fri. Oct. 20 Sat. Oct. 21 Briefs due; Moot Court office thesamewithouthelpfrom Practice rounds begin Practice rounds Preliminary roundttl Preliminary round#2 Preliminary round#3 Quarterfinals Semi-finals andfinals separately for oral argumentation proceed to the quarter finals. skills. The brief is worth 40% of the final score, and the oral argument is worth 60% of the final score. Three preliminary oral argu- The winning teams continue to the semi finals, and eventually finals. These last rounds will be held at 10 am. and 12 pm. on Saturday, lition become Buffalo Moot Court Board members lor the following year. The Buffalo Mool Court Board organizes theDesmond MootCourt competition for the next year, as well as coordinating the Mugel Tax competition. Membersof theboard also get the opportunity to go to other competitions nationwide. Further, Desmondwouldnotbe three Federal District Court |udges and one Court of Appeals judge. The competitors who place withinthe top twenty to thirtyplaces of the Desmond Moot Court Compe- ÜBLaw's Alumni. Alumni serve as judges, and the Alumni Association underwrites theAwards Banquet. Though first year students do not compete, they are encouraged to get involved. Interested students can clerk for the competition. Clerks keep time, check.scoring cards, and announce scores. An informational meeting for first years interested in clerkingwill be held onTuesday, October 3. People can also contact Eric Carr at the Desmond Moot Court office in the basement. The Buffalo Moot Court Board invites everyone to watch the semifinal and final rounds of competition as well as to congratulate the competitors at the banquet following the end of competition. Jessup Board Gears up for Fall Intramural Competition by Julie Meyer, Assistant News Editor The Jessup International Moot Court Board hasstarted preparing for its Fall Intramural Competition, held October 10-12. The competition, open to secondand thirdyears, gives participants a chance to test their oral advocacy ski I Is on such issuesas extradition, terrorism, and trade affairs. To become i nvolved i n the Fall IntramuralMoot Court Competition, interestedsecond and thirdyear students cansign upfor rounds on Octo- ber 2, outside room 607. Practice rounds are held October 5-6 and the actual rounds take place October 10-12. The problem packet isavailable at theLaw School bookstore. The Jessup Board needs first year clerks for the Fall Intramural Moot Court Competition. Clerks will be responsible for maintaining the rooms, supervising the score sheets, and calling the court to order. Clerking gives first years an idea of the competition's requirements, i ncludi ng the amount ofprep- aration needed to succeed in the competition. For more informationabout clerking, contact Peter Beadle at Box 16. The four winners of the Intramural Competition progress to a Regional Moot Court Competition held in February. Regional competition winners travel to Washington D.C. to argue against law students from around theworld. "[Ojur greatest challenge this year is hosting the Northeast Regional in February,"said Jessup International Moot Court Executive Direc- SBA eases through their first meeting, continuedfrom page 1. SBA President, announced that the SBApartyheldatHeenan'sßar the previous night drew a large number of students and a profit of $200.00 upgrading thelaw school's computer facilities. The meeting adjourned shortly afterward. which will be used to fund function*; to benefit marriedstudents. Reaction to the meeting from first timeSBA memberswas mixed. Al though the purpose of the meeting Hamboussialso spoke ofasecandSßAactivity,asemesterly community service event. This event, still in its planningstagcs, generates positive name recognition for the University at Buffalo School ofLaw. was to inform, Acevedo said, "It Individual SBA members also presented i terns from theiragendas, leremy Toth, SBA Vice-President, requested andreceived volunteersto gradeapplications for student/faculty committees. Members slated ideas ranging from improving the lirsl floor lounge of O'Brian Hall to should have been more formal and Twelve schools will converge on Buffalo to battle for the chance to progress to the Washington D.C. competition. The rounds, annually held on thethird weekend in February, are open to the public. The Jessup Board also hosts the First Year International Law Moot Court Competition every spring semester. According to Beadle, Jessup is "...the only moot court board that has a tournament for first years..." Eight winners and two alternates of theFirst Year International Law Moot Court Competition travel to Toronto, where they compete in theFasken Campbell Godfrey InternationalLaw Moot Court Competition. At the Fasken Tournament, the University at Buffalo team faces CornellLaw School, Syracuse School of Law, University of TorontoSchool ofLaw, Osgoode Hall Law School, and Queens University Law School. In three out of the past four years Jhe Buffalo'sFirst YearTeam has won the highest honors at the Fasken Moot Court Competition. Security tightened, continued from page 1 Steve Salob, 1L class representative, was equally "enthusiastic" about being on the SBA. He stated, "The reputation of the SBA has gone through different periods, some positive and some tarnished. However, very competent people have beenelectedand 11ook forward to working with them. We're the orientational." Noting thatmany of theclass representatives were freshmen, he suid, "The board should have been more aware of the details and some groundrules for the order of speaking should have been set." voice of over 800 diverse students. As a result of this diversity, the Student Bar Avsociation has a broader vision which will enable us to meet the needs of the student body." This impression of the SBA meeting, however, did not deter Acevedo from being "happy" to be a class represenlative and "optimistic" about working withSBA mem- The Student Bar Association office, located on the first floor of O'Brian Hall, is open betweenS a.m. and sp.m. Mondays through Fridiys. Class representatives will be present to answer questions and lake comments during thesehours. bers to accomplish his goals. tor, Peter Beadle. "I appreciate University Faclities coming forward to expedite this project. We feel this will prevent further loss," he said. "The locks were re-keyed just last year when the economics department moved out of O'Brian Hall," said Cook. "But, the same master and sub-master keys were used." The Law School is beefing up security withthe helpof JohnOrela, Director of Public Safety for the University at Buffalo. UnderGrela's direction, plain clothes officers are patrolling Ihe building at different hours, and uniformedofficers have increased their patrols in and around O'Brian Mall as well. Dean Cook is in the process of investigating lock-down devices for the every computer owned by the 1.aw School as a deterrent, as well as etching all computers with identification marks. Research has been in progress for several years now for completely overhauling O'Brian Hall's door locks. "The cost has been prohibitive up until this point," said Cook. "Changing the locks will cost over 50,000 dollars." The lock replacement project pends upon capital funding from SUNY Central. "The lock replacement cost is high because our hardware is too outdated to buy replacement parts for, and does not ensure easy access for disabled individuals who may have trouble turning door knobs." Dean Cook hopes the lock replacement project funds will come through soon. "The best thing for the law school would be a computerized card-swipe system which would allow us to restrict access to certain areas and re-encode locks without replacing the hardware." �4 EDITORIAL THE OPINION October 26, 1994 OPINIONi^r _ Founded 1949 i -ir No. M ->2 Volume 36, \, SamuelS. Chi Editor-in-Chief _ , , 1995 October 3, ~.__ Steven Bachman Dietz Managing Editor , \ EDITORIAL: Schenck vs. Pro Choice Network lis about time. The good news hit our ears Friday. Through the advocacy of UB Law Professors Marcus and Findley, the United States Court of Appeals, Second Circuit-evi/w/fc, affirmed the United States District Court decision to put a limit on how far anti-abortion extremists can go with their protest tactics. The decision reverses the previous US Court ofAppeals ruling. With this new ruling, the anti-abortion protest group must not come within fifteen feet of anyone approaching a medical facility which performs abortions. There is an exception which provides that a team oftwo anti-abortion protestors may approach someone who isheaded for the facility, but must stop when told to do so. It's too bad that the anti-abortion extremists cannot control themselves. Many Pro-Life advocates have strongfeelings, and important points to make to a woman considering her right to choose an abortion. Many Pro-Life Advocates peacefully demonstratetheir views in a manner that doesn't impinge upon the rightsofwomen. Prior to thisrul ing, anti-abortion extremists flagrantly and purposefully disregarded the constitutional rights ofeveryone who came to medical facilities in order to work or to seek medical treatment-even those who did not necessarily seek abortion services. Anti-abortion extremists intentionally intimidated people trying to enter or leave the building. Other extreme tactics included chant and scream into bull horns for hours on end, verbally and physically harrass employees and patients, and photograph and video taped people entering and leaving the buildings. They chained themselves to doors, stuffed wooden objects and glue into doorlocks, parked cars with slashedtired in front of building doors, and even placed their children in strollers in driveways to prevent cars from entering or leaving the parking area. All this destruction and trampling ofrights done in the name of free speech. Damned werethe rights of the women and employees at these places, damned were the rights ofthe bystanders and general public. The only thing that mattered was their own point of view of quantity, not quality ofthe lives ofthe children that their constitutionally absusive methods "saved." Despite temporary restrainingorders and preliminary injunctions, antiabortion extremists staged protests bordering on ridiculous. This en bane decision is the last in a long line of court decisions stemming from the "Spring to Life" circus. The U.S.Court of Appeals probably isn't the last panel ofjudges that this case will see either. We do not debate the Tightness or wrongness of abortion, but we merely decry the heinous methods employed by a fringe ofthe population. No matter what your stance on this issue, we can all agree that excessiveness must be controlled. Last week's ruling shows that the courts will no longer tolerate the domestic terrorism intentionally produced by theseextremists. As terrorism is wrong in Oklahoma and New York City, it is wrong in Buffalo, NY and Brookline, MA. STAFF Business Manager: Production Manager News Editor: Features Editor: Photography Editor: Art Director: LisaC. Nasiak I. B. Vacant Jessica Murphy Mike Chase Molly Kocialski LenOpanashuk Assistant editors: Features: Dan Killelea; News: Julie Meyer. Krislen Greeley Photo: John Gasper. Senior editors: Evan Baranofl and PeterZummo. Computcrconsullanl: Peter Beadle ITicOprnmnisannn-pii '111.independent.slutlcnl'Hwnctlanilrunpuhlreatiiin limited hv theSliAlriimsiiidcnl lawIces l"ln Opinion. I'lin.mI l.ill. Itull.il.i. Nl-w York 142<rfl(71*.((.45.-21-17 li isthcsludenl newspaper olihe StaleI Iniversity 'IheOpiniiinispuhhshedcvcrvlw'owceksdunnEihcl ulNewYtitkalHull;iliiSi:himliill;iw Copyright I'NSny'l In-Opinion.SUA An; rtptiiduclttmotmaleualsrK-rcrnissli icily prirhrbiled SI NY AtliullalnAmherst, .inipiis, 72J.li.hnI ..nil \MlhnllllllH.\pKssL(>lVsL|]li»|lhel llllols SuhmissronUcadhncsUuIcllcrsltilhccilrtoramll'clsptcltvcsnrc Sp in otlllicl'tldaypicccihngpirhhcatron Advertisingdeadlines li. (l tip in onlhi I rrdayprcccdingpuhlicattoil Suhnns.sion.snia) citherIx sail In I Ik ipnrionallhi .ihonlloka.uUln.ss. dioppcdoll under I Ik < Ipmioiioll (nmm724 Itnanllalij nrplaccdinlloxitMtliiiHKtliinlhi Ihrrdlloori.l() llnanllall AMa>pyiiHisllx typed.diiuhlcil-spaicd.arKlsuNmllcdiiii ' ., |inpclandtinacomputet disk lIIIM-WotdlVrlccll I ctlcts:uchc.slM'hcnw'irllcn:rsapallotadialogtri and must Ix noniotclhnntwiipagcs ilonhk spaced I'erspci tivcsarcgcncrallvopirironarllilc.'.cdnictmnglopicsol interestlolhc lawschooliomimrnillandnurslhenomorc 111. in I. .111 pagi ..li mill. s|vh a 1 Ik ( l|iini. .jm.uk.,inLippm lalesevervlellclamiIVrs|Ki.ti\cwiun'i\r. t\i-it-sci\i-|hcllghlloeiltlnnv and all .v hinis. slor sitaecasncicss.ilyanilaisolithhcroltsiontcnl llii i ipiiin inw iIIn. 'i I'lii.lisliiiiisn-n, .Isiihinissi. .us Wi tvtllicluin a slamr* .1. in, I.>j«. ispim nil a lour disks to your i.mlpusni.nlls ,\ >>i loapriiak in.nllviix ilasell .tdillt llk I ipniu.nis.U.li. altillnpiimill iloriiruloi tliclrcii \, "I ideas As.msiill llu i iiwsispi, s., ,1 n il,,s M \\ sp |M.i an ...mil 111.... i.| till I 1111..1 ..«51.i11..| Hi. I Ip.ni.m ( Vingn \\\hitllnuikftn'liiH iiliritlfziitxtln Irtvittwit't i/irr< li. •/<•///ri'/ircii. Ih, I usi >,„ < ... • jr-L-j- ' fRO<HOIC£W| \\ * Views Follies and Fumbles By GregMattacola Columnist I believe an introduction is in order Summer may be over and the tan lines may be going but it is truly a time of new beginnings. A new year ofacademics is underway andfor manyof us that means a new school and city. That translates to new classes, places, professors and many new friends and neighbors. But there's something else. I can smell it in the air, it'salmost pungent. A new column in The Opinion? Well, yes that, but there's something else. Ahhh, that's it! It'sfootball season. The leaves are starting to turn and you can almost hear the melodicsoundof grown men knocking the snot out of each other. Beautiful image, isn't it? It almost brings a tear to my eye. Yet, there's one other thing that makes this time of year special. I can't quite put my finger onit. Ohhh, that'sit! It'selectiontime. The silly season! Close your eyes and you can justabout picture two grown candidatesbelittling each other with character attacks. God, I love this time ofyear. With that, I wouldlike to welcome all of to you "Follies and Fumbles," the new biweekly column in The Opinion written by yours truly that will offer commentary and hopefully foodfor thought on two ofmyfavorite subjects, sports and politics. Why, you may ask? Simple, I reply. Not only do both of these topics offer a vast array ofconversation pieces, but some of the greatest stories that I've ever heard toldhad to do witheither sports, politics or both. And aren't thebest attorneys supposed to be the best storytellers? I love a good story, don'tyou? All rightey, then. Let us commence. There is so much to talkabout! I would like to tip myForty Niner lid to John F. Kennedy Jr.'s latest endeavor; the magazine, George. Kennedy describes it as"a lifestyle magazine with politics at its core." Didn't 1 tell you that politics was fun? Now, you can enjoy it in a Rolling Stone/ G.Q. format. Init you'll find various articles dealing with all levels of politics, most with fresh human interest slants. Judging by Ihe first issue. George(named for our founding father if you're a little slow) should do well. John John has already figured out what it look oilier magazines at least three issues to know. If you are at all in doubtabout the appeal ol your product, Cindy Crawford inabraon the cover ncvei hurts sales! Did you catchSir Charles Barklcy's statement tins past week. The Ouotable One unrcti red again. Yet, no longerdoes he say that •Ik* -sgoing toplav one last year and if the Suns don't win a ring, he's gone. Now he says, "I'm making way too much money to retire. This year, I'm justplaying for the cold hardcash." Now boys and girls, what's the difference between Chuck's.sentiments and the feelings ofalmost every player in professional sports? Nada, other than he's actually being honest about it. In keeping withthe undeserving athlete theme, I can't believelever begrudged Randall "Tex" Cobb his bit acting roles in TV sitcoms and movies. At least he took thenHeavyweight Champ Larry Holmes the distancewhile getting his head punched in. Peter "My Grandpa Stopped The Fight" McNeeley, got embarrassed in thefirstround by Mike Tyson, collected $500,000forabout 45 secondsof workand in now hawking pizzas on TV for Pizza Hut. I definitely chose the wrong career path. I can fall down. I love pizza. Where do I sign up? Publishing multimillionaire Malcolm Forbes has officially entered the Republican presidential race. How many candidates is that? Ten, withForbes? Get out the score card out, we've got ourselves a baseball team! Forbes (It's not Malcolm, by the way. He is known as Steve. He's the common man's millionaire.) says his lack of political experience will be a plus. Healso says he will promote"pro-gro\vth, pro-opportunity, get America moving themes." Let's hit the rewind button. Go back about three years. Didn't we have someone like this thelast time around? You know, thelittle guy withthesoutherndrawl whose ears look likea taxi cab with the doors open. Yeah, that's the one. Is Admiral Stockdale still available to be Forbes'running mate. Speaking of Republican candidates. 1 wonder what Senate Majority Leader Bob Dole will have to say about the new NC-17 rated movie. "Showgirls'.'" Of course, he won't have seen it. I just wonder what he'll have to say about it. He'll probably say what's been on all our minds. That is not Ihe Jessie thai we knew and loved from the ultra cheesy syndicate. "Saved By The Bell." Where do thesekids go wrong. *Cioi something to say about sports and or polities'.' Mad or glad about something I wrote. Drop me a line at The Opinion. Room 724. Give me your input. I'm happ\ to lux c n Besides. I'm a First Year, paddling like hell to keep m v headabove w .iter and could use al 1 the mail I can gel! �OP/ED October 26, 1994 THE OPINION 5 Critical Tax Theory: History in the Making at UB hv Kristin Jones, Special to the Opinion In recent years, a growing number of tax scholars have been changing the face of tax scholarship. Unlike traditional tax scholars, much ot their work analyzes the burdens and benefits of taxation in relationship to race, sexual orientation, gender, and class. This new jurisprudence, Critical Tax Theory, is an offspring of both Critical Race and Feminist Theories, and was the focus of a recent conference at the University at Buffalo School of Law on September X and 9. The conference, sponsoredby the Baldy Center for Law andSocial Policy, is said to be thefirst of its kind in the United States. Approximately 25 taxprofessorsandother scholars from the United Slates and Canada gathered to discuss topics ranging from "Gender Bias in the Estate and Gift Tax" to "A Black Critique of the Internal Revenue Code." Speaking at the conference were UB tax professors, Nancy Staudt and Kenneth Joyce. Staudt, organizer of the conference and the author of a forthcoming articleabout the eco- nomicand social advantages of valuing householdlabor for taxation purposes, explained that she convened the conference "so that tax scholars from around the country could gather to discuss tux issues from the perspectives of race, gender, class, and sexual orientation." She added, "very little work has been done in this area. Thus, our workis not only important, but it is both pathbreaking and necessary." Also speaking at theconference weieUß professors, LucindaFinley andGuyora Binder. Along withProfessor Nancy Reichmanofthe University ofDenver Sociology Department. Professors Finley and Binder offered commentary to the panelists' presentations. The conference began with a panel on "Sexual Identity in Tax and Theory." Professor Patricia Cain examined theTax Code's treatment of same-sex couples. Cain, who has written other articles about lesbian and gay tax issues, emphasized that theinvisibility of gay and lesbian couples in tax law speaks to theneed for revision ofcertain Code provisions. She proposed that I.R.C. section Tell us your opinion! 11you have an opinion on anything published in ournewspaper or on any current events topic that concerns the law school community, write The Qpi nion. Letters to theeditorare be.st whenwritten as a part ofa dialogue and must not he longer than two pages double-spaced. Perspectivesare generally opinion articles concerning top ex of mteresUo thelaw school community and must notbe!ongerthanfourpages double-spueed. AJI submissions are duetfieFriday before we publish. Your submissionm ust betyped, doubled-spaced, and submitted on paper and on a computer disk (IBM-WordPerfect 5,1 format). The Opinionreserves the right to edit any andaii submissions for space as necessary and also for libelous content; we will not publish any unsigned submissions. Send your submissions to The Opinion office or place them in box 640 : 1041, which applies only to spouses be made applicable to unmarried heterosexual couples and same-sex couples, so that |ointly titled property is not taxed upon dissolution of a relationship Cain also focused on the tax treatment ofsharedexpenses and gift tax problems of jointconsumption. Discussing related themes in a paper entitled "Sexuality and What' Many' Women Want" Professor Mary Becker provided a framework for thepanelists discussion of gender issues. She commentedthat the objectification of sexuality reinforces women's economic subordination. As an example, she explained that taxing married working women at theirhusband's marginal rate reinforces the objectification of women as components of their male spouses. The alternative, she argued, is to change the tax laws so that individuals pay income taxes at theirrespective marginal rates. Next, University of Minnesota Law School Professors Karen Brown and MaryLouise Fellows focused upon the myth that the Tax Code is a neutral body of 1aw. Brown contended thatthe tax I aws reinforce racial and gender subordination. Specifically, she pointed to thedifferent tax treatment of employment discrimination awards, which are taxed, and awards for torttype physical injuries, which are not taxed under section 104(a)(2). According to Brown, the different tax treatment of employment discrimination and physical injury awards speaks to a preference to treat employment discrimination litigants and the underlying issues ofracism andsexism, different from tort claim litigants. Brown proposed theneed for an anii-subordination principle and.suggested that the courts and the Service focus on the nature of the worker's injury. Similarly, Mary Louise Fellows argued that the child care provisions also reinforce gender, racial and class-based subordination. Examiningsections 129and21ofthe Code, she argued that because of their restrictions and limitations the tax benefits are not equally distributed with regard to race, gender, and class. Asubsequent panel, composedof Professors Lisa Phillips, Edward McCaffery and Joseph Bankman focused on "Tax Rhetoric and Interpretation." Phillips, a law professor at the University of British Columbia, highlighted the need a new tax discourse. In her See TAX THEOR Yon page 10 BAR/BRI BBar Review Announces Prof. Joseph L. Marino has joined The BAR/BRI Faculty Professor Joseph L. Marino received his J.D. from St. John's School of Law and brings more than twenty years of bar review experience to the BAR/BRI podium. Professor Marino was the founder, director and exclusive lecturer of Marino Comprehensive and previously developed and taught the only bar review program designed exclusively for the person retaking the New York State Bar Exam. He is presently an Adjunct Professor at New York Law School where he teaches New York Practice and Procedure. Professor Marino's addition to the BAR/BRI faculty is another example of how we are continually improving the BAR/BRI course. That is why, again this summer, more students will take BAR/BRI than all other bar review course combined. We arc pleased and proud to welcome Professor Marino to our faculty. BAR REVIEW �6 October 3, lW mi; OPINION INTERESTED IN AN EXCITING JOB OPPORTUNITY? * UB Law's GOLD Group seeking nominations f0r.... „. The APPLY TO Till: U.S. ARMY Jiflfcß Ifc fplPl^lP JUDGE ADVOCATR GENERAL'S CORPS m,liH * SUMMI X INTERNSHIPS AVAII.AM.I-: FOR ll,'s&2l,'s I -'ill.l. TIMI-; POSITIONS AVAILAPPi: FOR 31/s � ITSiI ORMAUONAL Ml ;i.:j MGTORAILSI. UDJiKLS IOOCTOBITv in ROOM UNION 250 Who Qualifies? Any third-year Uin.aw StiKlent who has dem<,ns.,a.cd leadership skills in enhancing the mission and reputation of 1115 Law IN 11 RV I IiWSJiQRJSLIs ANUJ.L'i. 115\ � Who Can Nominate? LOU MORI- INFORMATION CALL: CAPTAIN C H. VALENTINO (315) 772-2601 - Law .Students . Faculty/Administrators - UB Law Ahnniii - Scll'-Nominalions Are Accc|)ted OR WRTTi: (INCUJDF RESUME): How To Nominate? ... , 1 rCD nn M ap|lllC:, Sim,,ly ick . .' . * captain eh. Valentino OFFICI: 01-" Till- STALL JUDGE ADVOCATE lORT DRUM, NEW YORK 13602-5100 . " "" " " "' ° Deadline for Submission: December 22, 1995 Questions? Call Julie Lalvey. Esq. (847-6779) Sponsored by: Students Associated with The Armed Forces Recognized by the U.U.S.A. VIM oliH (Graduates of the Last ntifmmm Decade) ! ( mfmmlm OR pm\a [;ado Neweomb, Esq (856-3200) c Opinion J°*n WkwA Hllllwlllli It'll look great on your Join us on Thursday, October 12, 1995 5:30-7:30 PM at Pettibones Grille 275 Washington Street Buffalo (inside North AmeriCare Ballpark - between - Swan and Fxchange Streets) Admission for attorneys: $7.00, includes hors d'oeuvres & one drink Admission for law students: FREE! (admission paid by the SBA) Ploasc RSVP by October 11th to Kcclan Stern at 881-5800. ' Hope to no y hi there! DrOD . ii sa{\ "> I AI IlOtC IF! I>OX 04U« CSII U*t3 Zl^/^ X mnm 724 flf* P-Ill3il c f nn «u Y Uv J l Ulll ' Vv * v *"" " 11 giAC SSCnI(^3CSU.DIIII<iIO.CGU �October 3, 1995 FEATURES FEATURES THK OPINION / The Alumni Connection Ilene Fleischmann does it all to keep us in touch with our By David I-itdi. Reporter Most U.B. law students probably don't give too much thought lo what their relationship with the law school will be uponreceivingtheirJ.D s. That, however, is the precise concern of Ilene Fleischmann. Since last year, Fleischmann has been the Assistant Dean said that most studentsdon't takeadvantage of these opportunities "I'm 100 busy with my classes" is a common excuse, she says. forAlumni and Communication. Inaddi- smart. tion, last month she celebrated her tenth year as Executive Director of the U.B. Alumni Association. The Alumni Association is a nonprofit organization whose main mission is to serve the law school by enhancing the image and reputation of U.B.Law. as well as keep an open, active rapport with the school's alumni. Fleischmann saw the role of Executive Director turn into a full-time position in 19X5 when Ihe law school developed more serious aspirationsof having a reputation outsideofthe Western New York region. "We now regard ourselves as a national law school," she says. As theyears have goneby, the numberofU.B. Law School alumni has grown to over 7,200. Although most of the school's graduates practice in the Western New York region, there is a large contingent thatworks outsideof the surrounding area, including over 1300 in New York City and 350 in Washington, D.C. Of these, about 1,000alumni pay dues, which in turn underwritesthe Alumni Association. This makes it possible for the organization to put together an assortment of events. Whether they pay dues or not, all alumni are invited to prospective events andall receive a copy of Ihe U.B. Law Forum magazine. Alumni also serve on the board of directors of the Alumni Association, "That's just - alumni. You never know who you're going to meet or how it'sgoingtohelpyou. Ouralumni are very, very willing to help law students." i As Assistant Dean of Alumni and Communication. Fleischmann is in charge of public relations for the law school. "I'm a liaison between the law school and the news services. My job is to positively enhance our reputation when we are in the media," she comments. Fleischmann says she still uses some of the contacts she developed in her previous career as a features writer and columnist for the BuffaloCourier Express, the now-defunct morning newspaper, and as a freelance writer for periodicals such as McCalls andGoodHousekeeping. In her free time, Fleischmann volunteers as producer and moderator of "Mind Over Myth," a monthly television.showconcerned with current events. The show airs locally on Channel 7 each thirdSaturday ofthe month from Decern- ConcertReview by Mike Chase, Feat toes Editor R.E.M. and Radiohead played Fridaynight before a nearly sold-out crowd at theBuffalo MemorialAuditorium, and both bands entertainedwith remarkably different brands of melodic alternative rock. Radiohead, who leftafter a brief40-minute set, played their hearts out, providing fine renditions of theirwell-known hit, "Creep," early on and their current single, "Fake Plastic Trees." The British quintet's pop-grunge sound was crisp and loud and very engaging. Lead singer Thorn Yorke was happy with theR.E.M. crowd's response. "Thank you very much for listening," acknowledged a sincere Yorke. R.E.M. tookthe stage with "I Took Your Name," from their newest LP, Monster. With a spinning orange light, frequent bursts of whitestrobe, and lead singer Michael Stipe's posturing, this once-reserved band from Athens, Ga., was definitely here to put on a Show. Alter a quick "thanks", guitarist Peter Buck launchedintothe openingchordsof "What's the Frequency, Kenneth.", and all the tans were into it. And REM. rewarded theirfans with a surprising mix of 19songs from seven of theirnine LPs. The bandalso played four new songs which held the audience's attention no small leal considering the quality of material left off Ihe playlisl ("Fall on Me," "Driver X," Murmur). Stipe and bassist Mike Mills provided plenty ol amusing yet oh-so-ilown-loearth banter between songs, including: Stipi- ."Lvnv lime we i nine lo llieie's Kullalo uci'it ('.real \> - one thing I can't f***ing stand, it's the smell ofBuffalo chicken wings!"(Crowd: laughter, some "boo"s) Mills (later): "I'll take all thewings he doesn't want!" The band'smusic provided most of the highlights, though. "The One I Love" and "So. Central Rain" rarely make into R.E.M. sets these days and were played to their classic-alternative perfection. "Pop Song 'X9," "Crush withEyeliner," and a revved-up "Drive" were big-time crowd-pleasers. The highlight of the show, though, was "Man on the Moon," from 1992's Automatic- for the People. Stipe explained, "Andy Kaufman was kind of the band's Patron Saint," before moving into the tender, haunting ballad. The song moved along charmingly and sounded much less clumsy than the studioversion. The same could be saidfor Monster's "Tongue," for which the band brought out a mirror ball to complement Stipe's perfect falsetto. Safe to say, when thebandleftafter arousing"lt'stheEndoflheWorldas We Know It (andI Feel Fine)," they left their audience wanting much, much more. do that now >i, "The most important thing we do [in the Alumni Office] is keep an incredibly accurateaiumni data base. We know where are alumni are." she adds. This notonlyhelpsthelaw school to disseminate information to alumniaboutthecurrent happenings and i events of the school. but can facilitate a law student's job search with alumni contacts in a specific location. "If you want to know who yourclassmates are. I can give you a printout. We view ouras a U.B. Law family," she says. Given a last chance by the reporter ake a pi ug or two, Fleischmann would to remind all the law students of c upcoming events: On Thursday. Oct. 12, theGOLD Group, with theSBA. is hosting a happy hour at Pettibones from 5:30 to 7:30 p.m. Students get in free. Also, on Saturday, Oct. 2X, the Alumni Association is having its 20th Annual Alumni Convocation and 1995 Jaeckle Luncheon. The title of this year's ram is Elder Care Counseling for ly \s Practitioner and it starts at X:3O a.m. in the Atrium of the Center for the Arts. The fee is $5 for law students. Students can stop in thethird floorAlumni Office for more information. les Krd CROSSW RD® Crossword R.E.M. at the Aud Edited by Stan Chess Puzzle Created by Richard Silvestri 40 group 11 Bother 14 Domino plays page one 45 Lines overhead 46 Pre-election it 15 Bush-league 16 Overpermissive 17 Why did Fitzgerald sing "mi," Holmes? 19 Mr. Adams (sos and TV show) 20 Gives the event 48 Ponzi scheme, e.g. 49 "HoldonTighr band 50 "I Still See once-over Villagers Slum problem 52 Nuts Workout spot 54 57 60 61 Jersey bouncers? 31 Zoo 35 Stretched out 64 65 66 loosely 37 Alcohol burner 38 Featured 67 players i '(Paint Your Wagon tune) Speaker of diamond fame Holds in check Different Gallerydisplay Is this in the style of a ..." 5 Issues orders 6 Little, to a lassie 7 Dyeing wish 8 Following along 9 Bird or Barkley 10 Dressing type 11 Where did this fruit come buddies 18 Artificial-fabric component 22 Mogul master 24 It's often set 26 Bar food 27 King or queen p. [3 [3 [5 ■■» p P* p po I ' 18 HHpFi 29 Inside... CDO Focus SBA party Prisoners Task Force 35 38 39 Jc - 60 64 H 67 bS 'B I abuse 51 Young.Ladd and King 53 Easily-split rock 55 Voiced 56 A foe of Pan's 58 Q.E.D. middle 59 Have value 62 Stomach muscles, for short 63 " dam tDoonT Fi p L 22 ' — H37 ■■■ 32 3i I HF^ b^TMfsF"' b6 ■ Bui cobbling 44 Biblical brother 47 Torrent of Bl^ ■" ' =4 36 Make a decision 39 Gave a hand 41 Came clean 43 Does some BKS 42 ■So 33 Authonty 54 Summer place 13 Babe's Holmes? Spanish sea Starin Cygnus Raise the spirits Persevere at 17 Holmes? 30 Certain servicewomen 32 Hitting cylinders from. Holmes? 12 Humonst Barry devilfish. attractions 34 Feel busy 28 How do the sheep get into the pen, DOWN 1 Cheta, for one 2 Guitarist Lofgren 3 Address m 4 "The bombs bursting 42 Ne plus ultra 43 Go back to tip 21 23 25 26 29 68 Pieces of eights? 69 Inhibit Friday 41 Imposing ACROSS 1 Monkeyshine 6 Withhold the 62 63 lIU6 " tokeep uation. Mostalumni three yearsyou are in law school you shouldseek out opportunities to network with alumni." seek out opportunities to network with which meets monthly during the academicyear. The board interacts with the law school's administrationand faculty to plan educationaland social events for law students and alumni alike. Equally important, the Alumni Association lobbies the legislature and the University's administration to keep funding up. Just two weeks ago, theAlumni Association hosted a meeting at the law school with New York State Senators Ken LaValle (R-PortJefferson)andMary Lou Rath (R Will iamsville) of the Higher Education Committee to "voice our concerns as the only law school in the SUNY system," Fleischmann notes. As the SUNY system is being restructured, the Alumni Association "wanted to make sure that they understoodthat the law school has alumni who vote and who care." Fleischmann also works with the GOLD Group ("Graduates of the Last Decade"), a separate alumni organization whose mission is to provide programs and events for law students that tend lo be lessformal and less expensive. The organization provides educational 1 ". . .the whole not The whole three years you are in law school you should IleneFleischmann, Asst. Dean Fleischmann urges students 11 contact with the law school upon grad- B II ■I I �8 THE OPINION TELL IT TO THE JUDGE! Has the first month of law school left you lonely? Overwhelmed? Without a friend you can trust? Well, happier days are here! JudgeFriendly, your personal conf idant,your wise advisor, YOUR SAVIOR, is coming! The Judge has had enough of writing those long,dry, impersonal opinions, and from now on will be providing an advice column in The Opinion answering your questionsabout life, love,and the chicken case. To reach the Judgejust drop a note in Box 640 by next Tuesday, October 10th. Don't worry this is strictly confidential! But we will print the juiciest questions and answers in the interest of filling space. So coming next issue, watch for: - i " Dear JudgeFriendly" AslaNAmErlcAnLaW StUdEnTsPROUDLY PRESENTS for the Month ofOCTOBER... Friday, 10/13- A discussion with Professor Setsuo Miyazawa @theFacultyLounge, 545 O 'Brian Hall from 12:30pm-2:00 pm. The topicfor this discussion will be "Toward the Transformation ofJapanese Legal Culture." YeS, refreshments will be provided...butyou mustRSVP with the Baldy Center in room 511 ofO'Brian. Tuesday, 10/17-A discussion with Professor David Levine @ the FacultyLounge, 545 O 'Brian Hallfrom 12:30pm- 2:00 pm. The topic of discussion will be desegregation in San Francisco. nO, it's a brown bag lunch so you '11 have to bring your own food this time....but we'll provide the drinks. 10/20-10/22A NationalAsian Pacific Law Students Association(NAPLSA) conference is occurring in New York City. Meet with law students from all over the country. Ifyou 're interested in going, talk to an E-boardmember ofAALSA. RIDE BOARD Need a ride home? Looking forpassengers to share expenses ? Welcome to the law school's Ride Board! To post a needed ride or one you plan to take, just drop a note with your name, box number, phone number (optional) and travel plans in Box 640 by next Friday, Oct. 13th, andTht Opinion will print it in the next issue! Release from Liabilityforms are available at (he Law SchoolLibrary. FEATURES October 3, 1995 Feature Column By Dan Killelea Running Man It all started about a month ago. My friend (I'll call him "Mike," to protect his identity) and I decidedto lest our athletic prowess, demonstrate our fortitude, and prove our manhood by running a 5K race. Now, I know thatdoesn't sound very far to most of you. In fact, many of you are probably saying to yourselves that you could easily handlesuch a short run. But try to remember that 5K means 5 KILOMETERS, and when you convert from themetric system it means you're actually running about 20 miles. With only four days to train for our first SK. the "Buffalo Police Chase" ("which is a lot faster than it sounds), Mike and I set to work, knowing full well we'd have to live cleanand tratn hard to be at our peak come that Saturday. We ran, we lifted weights we even used Mike's Thighmaster. We worked as hard as we could and we were as ready as if we'd never taken the summer off from the grueling physical challenge that had been First Year. On the way to the hospital after that race, Mike and I talked about what went wrongfor us during our run. Okay, that's an exaggeration we never went to the hospital. But Mike did start to cry during the race, and I thought I was goind to throw up. While I had managed to finish sth in the Women's Over-75 class, Mike had only come in 12th, and the reality sunk in that we were not quite the runners we'd thought we wouldbe. For some reason, Mike and I decided to enter another SK, and to work even harder in preparation. As luck would have it, the Linda Yalem 5K Run fit right in with our training timetable. I knew that in order to better my timefrom the Police Chase, I'd have to take seriously all those things thatrunners do to improve their performances. So I started to drink Gatorade with every meal and stretching out became thefourth "S" in my morning routine (ask a guy if you don'tknow the first three). I was even thinking of shaving all of my bodily hair until someone mentioned that that was a pre-race Opanshuk - - Leuby graphic activity usually reserved for swimmers. I may not have been ready for the Ironman Triathlon, but I felt confident that I could at least beat one of those racewalkers. Needless to say, I didn't. I can't say for sure what I should've done differently, but it's likely that trying to sprint thewhole 5K didn't help. I figure I peaked too early. Li ke about 4.5K too early. Mike might've set some sort ofrecord himself if the race hadn't been so darned long. Or if that woman withthestrollerhadn'tknocked him off theroad. And I shouldpoint out it was really hard to run without spilling that cup of water they gave me halfway through the race. On the other hand, I did manage to finish in one piece, and I didn't feel like vomiting even once. Of course, my time was about five minutes slowerthanit had been at the Police Chase, but that was most likely because I didn't save anything for the sprint at the end. Maybe next year I should try one ofthose"Breathe Easy" nosestrips... Group Spotlight: Prisoners TaskForce UB Law Group Educates Inmates by Suzanne Ellen Sheard, Reporter The Prison Task Force is looking for first-, second- and third-year law students interested in providingan important link betweenU.B.Law School students and inmates in local prisons. Each semester the Task Force leaches an eight week Legal Researchand Writing class at one or more Western New York prison facilities. This worthwhile organization, under the umbrellaof theNational Lawyers Guild, is inviting you to become a teacher! Dan Werner, 3L, who is a former coordinator, confirms that "teaching helped me to develop my own research and writing skills. We all know that thebest way to learn something is to teach it." Arethereany requirements? Theonlyrequirement is a recent tuberculosis test. A representative of the Department ofCorrectional Services comes to theLaw School and presents an orientationprogram which provides students withrelevant information and answers any questions the students may have. TheTask Force furnished each inmatewilhone copy of the WrenandWren textbook andone copy of a student handout. The publisher of Wren and Wren helps out by providing ihe textbooks to iheorganization at cost. Teachers are provided with teaching manuals, which are shared. In Ihe Fall semester of lasi year, Ihe Task Force taught at Attica and Orleans, and in Ihe Springal Albion and Wyoming. Thus Fall Ihe Task Force isconsidering teaching at Wende. So you're no! interested in teaching? The Task Force also answers letters and other mail from inmates. The inmates usually request research (for example, to assist them in responding toacourt or in fuilliciancc of a prospective issue on appeal) or research materials Ifyou enjoy doing research and writing, but prefer not to teach it. this might be your niche. "By answering these letters, we are helping prisoners to assert their rights," remarks Werner. This organization also sponsors speakers who come to the Law School to discuss prisoners' issues with concerned.students. If your executive skills (such as the planning and coordinationof these discussions) or political skills, leadership ability, or aptitude for public speaking are in need of a forum, there are plenty of opportunitieswiththePrisonTaskForce. Plus.elections for executive positions will be held in the near future. TheTask Force hopes to address a variety ofissues thisyear, from prison sexual harassment and rape to drug policy issues. Jim Fumia, IL, a member of the Task Force, recommends that "any law student who is interested in a career involving the criminal justice system should take advantage ofthis opportunity for a hands-on learning experience." Besides, adds Werner, "all the studentswho have participated in the program have really had fun!" The next general meeting of theTask Force will be held onTuesday, October 3rd, at 3:30 p.m. in Room IDS. Everyone is urged to attend the meeting and to help this organization maintain this vital link. PERSONALS To submita free personal, justdrop it in b0x640! �October 3, 1995 FEATURES THE OPINION SBA Party at Heenan's Irish Pub Photos by DavidLeone Text by Molly Kocialski LEFT: Look...the 1L 's do smile. Ida Comerford, Sue Swiatkowski, Michelle Jaros, ChrisPotosnak, Cheryl Insinga, and Brian Remy. RIGHT: Does the show "Cheers" come to mind? Wait...which one is Norm ? JohnAlfano, BillMcDonald, Greg Miller, David Leone, Alßurruano. LEFT: Are Y'all posingfor thispicture? Left to Right, Martin Raikes, Hector Chavez, Martin Cortez, Sylvia Valentin, Elevin Mercado—you 're supposedto have fun. RIGHT: Bill's friendsLenOpanashuk, TomSchleif Tony Pegnia, and Prue Fung support himalways—in this case literally. LEFT: Terri Brophy and Erin Pelnik are hanging out with Greg Miller...Greg, your smile is so big. RIGHT: Chris Nixon wins the prize for cheeziest smile. Did he learn that from you, Harvey? 9 �October 3, 1995 10 FEATURES THE OPINION CDO Focuses on the Public Sector In Sara Mccr.se, Special to the Opinion The Career Development Office will befocusmgon jobs in the public sector throughout the month ofOctober. There will count your fellow students'experiences. Throughout themonth. students whohave worked in the public sector will discuss their wtil iollow at ft p.m. Didyouknow '.ha*, during the summer of 1995, students from UB be panel discussions, brown bag ml ormalion sessions, a recognition reception and more. Keep your eye out lor CDO notices on upcoming events. Take advantage oi the information ■sessions...attend' Looking tor public sector |ob opportunities'.' Try searchon Westlaw. A Westlaw representative will conduct an ing information session on public sector (government and legal services) job searches at the end of October. If computers searches are not your area of expertise, come to Amy Tobol's session on How to Find a Public Interest Job, on Monday, NAPIL Rural Legal Services Corps, Ihe Buffalo Public Interest Law Program, the Dean's October 9th at 4:30. UB Law has joinedPro Bono Students America (PBSA), a national database listing employers looking for students to volunteertheirtime. Looking for practical experience? Here's your chance, volunteerwith PBSA. Looking for something to do during that long winter break? Again, here'syour opportunity lo make some connect ions, gain some experience, and fill those long winter days. The Director of the Program, CuriCrossley from NYU Law, will be holding a panel discussion with participating agencies in theBuffalo area (Volunteer Lawyers Project, Neighborhood Legal Services, the ACLU and more)on Tuesday, October 10th at 4:30. Public Service Program, and the Sara Meerse jobs during Brown Bag sessions(bung your lunch or breakfast i. Currently. 4 are scheduled: Monday, October 2. irom i 2-i. Tuesday, October 3. from9-9:45; Monday October 9. trom 12-1: and Wednesday, October 1!. from ! 2-1. Have you noticed that many public.sector |obs are volunor teer "bring your own funding?" Fellowships are highh competi tiye, so why not look to other sources. Learn about grant writing techniques on Wednesday, October 1 1 th at 4:30. As many of you know, the NAPIL Public Interest Career Fair is Friday, October 20, in Washington DC. You can getsome interviewing and table talk tips at a "Sharking at NAPIL" information session, on Wednesday, October 1Kth at 4:30. This is your chance to have your questions answered and get some tips from fellow students who have successfully table talked into asummer job! The Career Development Office seeks to support your career interest in the public sector. Help us, by attending the Did you also realize that UB law students worked with Ralph Nader in Washington DC, served the urban and rural poor through legal services offices, and clerked i n the U .S. Attorney General's office? This reception is an opportunity to meet these eventsscheduledduringOctober. Wewillberemindingyouot fellow students in the public interest. ALLAREWELCOMEDTOATTEND. Don't Sara Meerse is a Graduate A ssistant in the CareerDevelopment Office. dis- upcoming events in mailbox notices. Tax Theory,continuedfrom page 5 criticism oftechnical tax discourse, which she says "normalizes hierarchies, particularly in terms of gender" she relied on two recent decisionsof the Supreme CourtofCanada concerning the treatment ofchild care expenses and thetaxationof child supportpayments. University of Southern California law professor, Edward McCaffery explored the political implications of tax ina paper entitled "Tax as Text." McCaffery was followed by Stanford University law professor JosephBankman. Bankxnan.co-authorofthecasebook, Federal Income Taxation, debatedthe application of common law doctrines like"sham transaction", "substance over form" and others by the courts and the Internal Revenue Service. These doctrines, he argued, "generally have no independent analytic value because they do little more than restate a conclusion that the decision-maker has reached on other, unarticulated grounds." Bankman argued that the courts and rthe IRS shouldrely more on statutory i nterpretation, and less on bommon law doctrines, in their analysis of tax issues. The final panel focused on "Gender, Race, and Tax" issues and included Professors Beverly Moran and William Whitford from the University of Wisconsin, Professor Lily Kahng from Cornell University and Professor Kenneth Joyce from ÜB. In her paper,Kahng argued for therepeal of theQTIP [qualified terminable interest in property) rules and the splitgift election. She explained that "The estate and gift tax system...perpetuates marriage as an institution in whichmen, because of their greater wealth and age, dominatewomen,and in which women are used as conduits for the patrilineal transmission of wealth." Professor Joycefocused on similar issues in apresentation entitled "Gender and Tax A New York Experience." Joyce focused on thefederal estatetax obstacles that spouses encounter because of New York's abolition of dower in 1994. He explained that both the state and federal tax systems "continue to provide, obstacles to equitable improvement, without any lustifiable basis in tax policy." The School of Law The State University of New York at Buffalo invites you to attend ... A Gathering to Remember Alan Freeman Thursday, October 12, 1995 3 PM The Theater 201 Student Activities Center - Professors Beverly Moranand WilliamWhitfordoffered several examples to rebut the presumption that tax benefits are equally distributed in accordance withrace. According to their data, tax benefits like thewealth transfer provisions and home morigage interest deduction are disproportionately experienced by whitesbecause ofblacks limited access to wealth and opportunities to acquire capital. Moranexplainedthatbecau.se the "deep structures of [American] society are based on racism" this racism is also reflected in the Tax Code. Professor Staudt, currently on leave ut Vanderbilt University Law School said sheis optimistic that CriticalTax Theory will gain increasing acceptance in academic circles. She stated, "scholars are already dissatisfied with the fact that the traditional tax scholarship ignores sexual orientation, race, gender, and class. This dissatisfactionsuggests that it will gam some acceptance throughout the field." As for the next Critical fax Theory conference, Staudt added, "The conference was a success Peoplearc already talking having another conference nexl year " Dean Barry B. Boyer, presiding Speakers Peter Gable Thomas E. Headrick AlKatz William J. Magavern & Sarah Nichols John Henry Schlegel Thomas E. Schofield Reception Following �October 3,1995 THEOPINION 1 Groups, advertise for free on the Docket for more information, call 645 2147, drop a note in box 640, stop by room 724, or e-mail sschi@acsu.buffalo.edu $ CROSSW RD® Crossword lalnltl i IcMsltUlflfMaToTo ptTTAN oßm I Ji|ORBLAIX_ iMeMeE c. IittTAMETAN MIE N ■tTl<" I M ■■■'RIAjTJSj^AIcKOjHi spTa WfK T ifsMriraTTNToTs T I ll Bnlß_A £IjDME|TIN A r iiAiDjims a IPaE 3a otltb x lEmJE 01l SMO T H|ElH|| cioinltlr a" SHMa 3a maEIJaIjAll. m a!rß_d|e nje BMrTTAilii ptUTVBETsTsIiIsBDIEITrEIR - 00C2 Personals are FREEH! Place yourpersonals in box U 111and »i mightprint it. �October 3, IWS THEOPINION 12 BAR/BRI BAR REVIEW y,;j«| MPRE COURSE flraitpM Prof. Michael Spak BAR/BRl's NATIONAL MPRE LECTURER degree fiorn Northwestern University School of ijw. .hac hC «.» Ford Found..™ cilow, and his bachelor' and law degrees from Del'aul University, vie .c served as associate editor of theDei :m Law Review. He was professor of jw at DePaul University from 1969 to 1974 and joined Chicago-Kent as a professor in 1974. He Ills been a national l?ciurcr for BAR/BRI /or more tJian 20 years. I _ Date: Saturday, _ Oct. 28 Place: Buiialo Law School _~ - «« y* TiillO *//**�• • -* ■ -j i ft/ JvOOH 1 AUO 1O A IVf 7 PIVI lUrilVl ™** I IVI , \4*^J Aj\^ >i For additional MPRE course locations, sec reverse. FREE for all BAR/BRI enrollees The MPRE will next be offered on Friday, Nov. 1(1. To lake the lIAR/HRI MPRE COURSE complete a course application and return ii lo the BAR/BRI office. (see reverse) NO ADDITIONAL PAYMENT BEYOND YOUR $75 BAR REVIEW COURSE REGISTRATION FEE NEED BE PAID. ENROLLMENT IN THIS PROGRAM DOES NOT CONSTITUTE APPLICATION FOR THE EXAM TTSELI. Applicants must contact the National Conference of Bar Examiners at (3 1 c J)-337- 1287 lo obtain an application for the test or contact our office and we will forward one to you. Applications for the November MPRE must be postmarked by Friday October 13.1995. BAR REVIEW TO Let the POWER OF EXPERIENCE work for I . Q | ...i. - I yon WHY BAR/BRI _i....... i BECAUSE EXPERIENCE COUNTS For more than 25 years, BAR/BRI has guided over 500,000 students through law school and the bar exam! BAR REVIEW Id Ihe POWER Ol EXIM-lUENCEwinrk (bryou � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Opinion, 1995-10-03 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. The Opinion no. 2 03.10.1995 Date Issued Date of formal issuance (e.g., publication) of the resource. 10/3/1995 Bibliographic Citation A bibliographic reference for the resource. Recommended practice is to include sufficient bibliographic detail to identify the resource as unambiguously as possible. 36 2 Publisher An entity responsible for making the resource available University of Buffalo State University of New York at Buffalo Law School Language A language of the resource eng Type The nature or genre of the resource Newspapers Text Is Part Of A related resource in which the described resource is physically or logically included. LIB-LAW003 Rights Information about rights held in and over the resource <a href="https://rightsstatements.org/page/CNE/1.0/">COPYRIGHT NOT EVALUATED</a>. The copyright and related rights status of this Item has not been evaluated. Please refer to the organization that has made the Item available for more information. You are free to use this Item in any way that is permitted by the copyright and related rights legislation that applies to your use. This digital collection is made available for research and educational purposes. Researchers are responsible for determining copyright status, and securing permissions for use and publication of any material. Copyright for items in this collection may be held by the creators, their heirs, or assigns. Researchers are required to obtain written permission from copyright holders and the University Archives prior to reproducing or publishing materials, including images and quotations. For inquiries about reproduction requests and permissions, please contact the <a href="http://library.buffalo.edu/archives/">University Archives</a>. If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/af35357c6ad8797a236c7fdc28e5d78a.pdf 95b22d0e7c6f890f7dc8454be377db51 PDF Text Text SpecialAddition Bringing theissues to the studentssince 1949 THE OPINION Volume 36, No. la STATE UNIVERSITY OF NEW YORKAT BUFFALO SCHOOL OF LAW September26,1995 Candidate Statements SBA Class Rep. Elections Tomorrow Students to Vote for SBA Class Representatives Prudence Funs Candidates anything else to do, feel free to read this statement as often as you like. I have a few reasons for running for this position that I would like to mention. In the First years Timßenedict CherlyAnnßerzer Sarah Braen Shantelle Hughes Michelle Jaros* GregMattacola JudyNocelta IdaComerford* AmyDuVall SteveSalob* Second years A Ifredo A cevedo Mikeßeclcelman PrudenceFung Craig Hurley-Leslie BariLevant JulieRosenberg Third years SaraHemmeter* DanielWerner* Robert Smith* * Did not submit candidate statements 2LCandidates Alfredo Acevedo ter. After all, this is the timewhen we have to 1earn how to put onpaper in 3 hours what taken us four months to cover in class. As a Class Director, I will see to it that theneedfor extended library hours during final exams is met. If you support this measure, please join my candidacy by voting for me as your class director. Thank you inadvance for any other suport you may provide to me. Mike Beckelman I have decidedto run for ClassDriector in part because as a first-year student I encourntered serious difficulties in trying to find a place to study during final exams. As someone who lives in the Residence Halls here at Buffalo, I can assure you that it is nearly impossible to find a quiet place in the dorms to study. While our law library is a very good place to study, last year the law library hours during final exams were only extended for an addtional hourduringweekdays. Ihavediscovered that some students living off-campus are also interested in having the library hours extended during thiscrucial timeof the semes- I' m sure thateveryone reading this paper has plenty more statements to read or other work to do, so I will try to keep this as briefas possible. For those of you that don't have past, there were instances where members of the SBA were also members ofother student organizations. I want to state right now that I fully believe that people shouldbe members of as many organizations possible. The activities outside class, whether related to law, culture or purely for leisure, are whatmakes it possible for us to get through our academic nightmare. But, being on the SBA is entirely differentfrom being involved in any other organization. Those on the SBA have the power to fund other organizations. Essentially, the SBA has the ability to allow other organizations to survive or perish. The people on the SBA need to be impartial and not "voting lobbyists." The votes rendered need not be what is best for the voter, but for what is in thebest interest of the entirestudentbody. In any legislativebody in the country, ifthere is any impression ofimpartiality, the voting member should recuse himself from any vote on that matter or sever ties withthe source of the impartiality. In the case of the student bar, it is not possible to sever these ties, but it is possible to recuse yourself from votes where you can't be impartial. I don't recall this happening often or at all in the past. If elected, I plan to hear theviewsof thestudent body, to theextent possible, and to then vote in the way I believe is in the best interest in the school as a whole. I also think that there is not enough of a bondbetween thestudentsof theschool. There are plenty of small groups of friends, but rarely doestheschoolplan functions as awhole. Last year the SBA planned a Spring Semi-Formal and that was a good start. It is important for this year's SBA to continue the initiativetaken by its predecessors. Many fear thatthe SBA spends too much money on social functions and thatthe money should go to the organizations that the SBA funds. I think that the SBA can plan smaller scale functions where thosewho want to participate pay on there own. Without some central organization planning theseactivities, we will be stuck at the status quo. Being in the law school for as long as we all are each day, it shouldbe funand educational. We'll all get more out of school if being in the building is made more bearable. I also have many other issues that I interest me, if any one wants to discussthis further, feelfree to stop me in thehalls or to leave a note in mybox and I'll gladly discuss themwithyou. If elected, I will always welcome any questionsor comments from the class. After all, the SBA is there for thestudents and its members and issues shouldbeaccessible to thestudents. Hi! My name is Prudence Fung. Many of know me as Prue. As you may already you know, I'm running forsecondyear class director. We allrealize that the purpose of SBA is to meet the needs of the students and to help everyone get the most out oflaw school. Now you probably would like to know how I can contribute to this. L' 11 be honestwithyou. I have never been directly involved with student government. However, I do not feel that prior experience necessarily determines the most qualified candidate. In the past, I have fully dedicated myself to every endeavor I have pursued. If elected, I expectto directthat same energy and passion into representing the class of 1997. Now that one full year of law school is behind us, we are in a betterposition to present realistic concerns about oureducation and our life at UB School of Law. My goal in this respect is to earnestly listen and become your voice in SBA, ensuring bettercommunication between you and the law school administration. For example, I am i nterested in i mproving relations between law students and Admissions andRecords. Many students have complained of difficultieswhen dealing withA&R. Improved contact withthisoffice may help our law school experience run more smoothly. So, when you cast yourbal lot on Tuesday or Wednesday, make the prudent choice: Vote for PRUDENCE FUNG! Each class elects six representatives Elections are Wed. andThurs. Photos by Molly Kociacski and John Gasper �SE Eelpecctiiaoln dition THE OPINION 2 OPINION ■■ i ir M Volume 36, No. I1 \/ Founded 1949 Samuel S. Chi Editor-in-Chief I September 26, 1995 Bari Levant . __ September 20,1995 0 ~_ Steven Bachman Dietz Managing Editor STAFF Business Manager: Lisa C. Nasiak Productiqn Manager I. B. Vacant News Editor: Jessica Murphy Features Editor: Mike Chase Photography Editor: Molly Kocialski ArtDirector: LenOpanashuk Assistant editors: Features: Dan Killelea; Photo: John Gasper. Senior editors: EvanBaranoff and Peter Zummo. Computerconsultant: Peter Beadle TheCtfMnion is anon-profit, independent, student-ownedand runpublicalion fundedby ihe SBAfrom student law fees. TJieOriinJon.SUNYAt Buffalo AmherslCampus,724 John LordO'BrianHall.Buffalo, New York 14260(716)645- -2147. The Opinion is published every twoweeks during the Fall and Springsemesters. It is thesludent newspaper of the State Universily of NewYork at Buffalo School ofLaw. Copyright 1995byThe Opinion. SBA. Any reproduction ofmaterials herein is strictlyprohibited without theexpress consent of theEditors. Submission deadlinesfor letters to the editorand Perspectives are 5p.m. on the Friday preceding publication. Advertising deadlines are6p.m. on the Friday preceding publication. Submissions mayeither he sent toThe Opinion at theabove noted address, dropped off underTheOpinionoffice door (room 7240'Brian Hall),orplaced in Box#loor#2Boon Ihe third floor ofO'Brian Hall. All copy mustbe typed, doubled-spaced,andsubmittedonpaperandonacomputerdisk(lßM-WordPerfect).Lettersarebestwhenwrittenasa part of a dialogue and must be no more than two pages double-spaced. Perspectives are generally opinion articles concerning topics ofinterest to the law school community and mustbe no more than fourpages double-spaced. The Opinionreads and appreciates every letterand Perspective we receive; wereserve the right toedit anyand all submissions for space as necessary and also forlibelous content.The Opinionwill notpublish unsigned submissions. We willreturn your disks to your campus mailbox or to a private mailbox ifaself-addressedstampedenvelopeis provided. The Opinion is dedicated to provide a forum for the free exchangeofideas. As aresult, the viewsexpressed in this newspaper arenot necessarily those of theEditors or Staff ofThe Opinion. "Congress shallmake no law....abridging thefreedom ofspeech, or ofthepress;..." -- TheFirst Amendment Craig Hurley-Leslie Photo Unavailable I despisepolitics and political campaigns. You might as wellknow thatbeforeyou goany further. I am not going to sugar-coat my personal viewsor pander to particular groups to gain their favor. Those of you who already know me will understand immediately; and I hope the rest of you will read along at least a little further. A couple of years ago I could have said I view an election as a contract between the representative and his or herelectorate. Unfortunately, thepolitical connotations oftheword 'contract' have become polarized. Pushing aside this connotation for the moment, I want to fashion a kindof contract or agreement with you. (Although a local authority on contracts will likely shake his head in anguish and conclude I have missed the point altogether because contracts are not only dead but also boring.) Insteadof calling it a contract, I will call it an agreement of representation. Let us agree first that the SBA exists to represent the interests ofall law studentshere atUB. All means all. The SBA Board should reflect our diverse student body, and should encourage thecultivationof diversity withthe law school. There is no room for intolerance in our law school and the SBA should take an activerole to combat any manifestations which threaten the civility and mutual respect upon which our effective functioning as an academic institution depends. Second, let us agree that the SBA needs to improve channels of communication. I rememberreceivingseveral SBA newsletters last year and then they were suddenly discontinued.The SBA needs to communicate more, not less. Representatives shouldbeaccessible and available to discuss problems and concerns. Once the SBA is aware thatthere is an issue that needs to be addressed; it should become a priority to make sure it reaches the right ears in theadministration. Finally, once the administration is consultedand some resolution or result is achieved; thestudents need to know whathas transpired. The SBA should play a vitalrole in closing the circuit of communication betweenstudents and theadminis- tration. Third,we shouldagree thatthe SBA will work efficiently. Phone bills should be paid. PIN numbers should be matched to the Wegman's credit card to which they correspond. Public records shouldbe kept to ensure thatthe SBAis doing its jobproperly. Officers and Board members should work together to ensure that the SBA functions smoothly. It does not inspire confidence to see our student government in disarray. (To be fair to new officers, they inheritedmanyof the headaches they have had to resolve so far this year. One goal ofthe coming year shouldbe to makesure these headaches do not recur.) The problems incommunication, operation and administrationshouldbe locatedand fixed. Period. Finally, we should agree that this list is non-exhaustive. I consider the three areas outlined above as a foundation upon which the rest of the work of the SBA must build. Be fostering academic tolerance and mutual respect, facilitating improved communication and ensuring internal functions are performed efficiently, the SBA will be a more effective voice for all students. When tolerance and mutual respect are encouraged, diversity will be nurtured and individuality valuedinsteadof marginalized. When suggestions are acted upon and visibleresults achieved, more suggestions will follow. When the SBA runs smoothly, we will all be able to rely upon the organization to be therefor us whenwe need the SBA's assistance. If you have stuck with me this far, you probably share, or are sympathetic to, these beliefs. I hope that you will give me the opportunity to represent yourbeliefs as an SBA representative. Even if you do not, I urge you to vote in theelections andselect someone that you dofeel comfortable with to represent you interests. By getting involved you will help make our student government and our law school a stronger and more vital institution. Hi, I won't take up much of your time, si nee thatis the one thing no oneseems to have. What everyone doeshave is ideas. Indeas on how to improve our timehere. These ideas may range from academics, better lighting in the li brary and extending the add/drop deadl i ne so it works with the new calendar, even to the aesthetics of O'Brian Hall. We have a great resouce in our alumni. Last year a StudentAlumni Committeee was started. Athough it never got off the ground, it is worth reviving. Also worthrepeating is theLaw School Community Day. Last year this sucessful event was in conjuction with Habitat for Humanity. I heard only positive reviews from those who attended (including myself) and requests for more suchevents. Asfor your socialcalendars, theSBA can throw a good party, like theendof first semester party last year. Now that we are out of sections it is time to meet those other people. I carry with me my experience as an undergraduate. I ran a sports club on campus as well as the organization in charge of all the clubs. I have developed budgets, dealt with administration, and effectively handled those little problems that always seem to arise. As promised I have kept this shrot. I end withwishing everyone a good year. Good luck and remember to vote. Thanks. JulieRosenberg am notpromisingamajoroverhaul because we all know that sadly we do not have thatkind of money in our budget. However, I do plan on trying to get new furniture for the lobby, and possibly even fixing up the student lounge for thoseofyou who have "librarophobia" as I do. And what about the carpets in the classrooms, are they waiting for someone to fall down the stairs so we can all put our first-year tort knowledge to the test? About the budget(yet another great segway...), I would like to do my part to put an end to the often inequitable fund distribution that takes place. I think that all organizations deserve to have their budgeting needs equally evaluated. There are many organizations out there, which may be smaller or newer than others, but deserve just as much attention, because they do just as much good as some of those bigger organizations. As yourrepresentativeyou can be assured thatI am not going to be used as a mouthpiece for any one organization. I will be there to express the opinions of my classmates, not my opinion, and not the opinion of a specific organization. For example, it has already been brought to my attention by some unhappy campers thatthereare many scheduling conflicts between student organizations which have put people in theawkward situation of having to choose between two potentially valuable experiences. As your rep. I will try to implement the use of a master calendar at S.B.A. meetings so thatall organizations can schedule events together to ensure that no conflicts occur. Finally, I am a firm believer that there must be more interaction between students, professors, and administrators. Professors can be our best sourcefor knowledge as well as great connections to the "real world". As a student body we shouldreally workto get theprofessors more involved with us socially which would benefitallofus. I also think that, if thisnew add/ drop situation that we all love so much is any indication, we need to have more interaction with the administration. I believe that the administrators should get more student input before making drastic decisions that are going to affect us all. Finally, (andI warnedyou thatI am never at a loss for words), my intentionis to work on making all of our experiences herein law school a more positive experience for allboth academically,andsocially. With yourvote I am certain that I can do this. 1L Candidates Hi. For those of you who donot know me as of yet, I supposeit would help to know my name so that you know who to put an "x" by on the ballot (x-JULIE ROSENBERG). Instead of wasting both your time, and mine, I will not give you a run down on my life, that would merely boreyou anyway. I am sure that you have enoughreading materialby this point in the term that will dothat jobeven better than I can. For thoseof you whodoknow me, you know thatI am not afrai dto speakmy mind, and I am never accused of being short on words. As your class representative I will speak YOUR mindinstead. For thoseofyou whodon't know me due to that first year "sectionism", what you should know about me is that I am very approachable and always willing to listen. I am certain that these qualities will enable me to listen to the needs and concerns that all of you may have, which will then allow me to voice your opinions and achieve the results that you are all looking for. Ifyou ever see me sitting in the lobby, where I can often be spottedbetween classes, please come and talk with me about your concerns (that is if you can recognize me from thiswonderfulphotograph!) I look forward to speaking with as many of you as possible. Speaking ofthe lobby, (is that a beautiful segway or what!?), one of my goals as your representative will be to work on the cosmetics and comfort of thelaw school. I don't want to be seenas an i nteriordecorator or any thing, but I firmly believe that a comfortable atmosphere will provide a more conducive learning, sludyingandsocialenvironmenlforall. I Timothy Benedict Ori gi nal ly fromRome, NY, I am a 23 year old first year law student who attended Utica College of Syracuse University from which a received a Business Administration degree in Business Management. After graduating in May 1994,1 worked for a year and a halfbefore coming to the University at Buffalo to pursue my J.D./M.B.A. degree. I am running for the position offirst year representative to the Student Bar Association. I am running for theposition based onmy desire to keep thefirst year students informed, and to make sure thatthe first year students interests are communicated to the SBA. I believe it is important for thefirst year class to have someone in the SBA who will represent their concerns and make sure their interests are addressed at meetings. It is important to have a person that will make sure the needs of thefirst year students are learned, and then communicated to the SBA. The importance ofcomma- �September 26, 1995 nication(and, thus, my job) is to make sure the SBA is aware of issues facing the first year student, so that the SBA will be able to meet the expectations of the first year student. Cheryl Berzer Being a SBARepresentative meass, simply, being a "voice" for our class. I'm proud to bea member ofthe CIass of'98 andlook forward to addressing issues of importance. Sarah Braen Special Election Edition representative, I will make every effort to turn these ideas, as well as others which you may have, into realities. I'm here to represent the comments and concerns of the lLs- YOUR comments and concerns. So,juststopmeinthe halls or in class, and say, "HEY! You're Amy Dv Vail and you said you were interested in hearing my concerns...do something about this!", and rest assured that I will certainly do whatever I can to represent you. I've held leadership positions in the past which make me a prime candidate for SBA Representative. I graduated from Washington University in St. Louis, MO in May with a B.S. in Environmental Engineering and was involved in numerous activities there in which I held leadership positions. These officesranged fromPresident of the Society of Women Engineers, to Vice President of the Mortar Board Senior Honorary, to Treasurer of the Golden Key National Honor Society, to Business Manager of the Greenleafs, a women's acappella singing group. I enjoy serving in a leadership capacity, and I am very effective at representing others. I'd be honored to continue my leadership experiencerepresenting the lLs of our law school through the SBA. I encourage you to vote in the SBA elections this Wednesday and Thursday, September 27 and 28, and most importantly I encourage you to vote for AmyDv Vailforyour lLstudentrepresentative. Thanks foryour support! Shantelle Hughes THE OPINION In theSpringsemester ofmy Senior year, I served an internship in the New York State Assembly under Assemblyman Joseph Crowley, of Queens, NY. I researched and helped draft legislation and handled all press releases and constituent correspondence. 3 Judy Nocella Photo Unavailable I left Assemblyman Crowley's office to return to my hometown to work for Mayor Joseph Griffo. My proudest accomplishment in that tenurewas proposing and implementing a program that utilized area correctional facility work programs, people receiving social assistance and youth offenderwork programs to helpclean up blighted areas of the city. This program cleaned up numerous vacant houses, lots and city owned properties and is now apermanent program in the Mayor's administration. Hello, My name is Judy Nocella and I would really love to be a studentrepresentative to the SBA for our first year class. While I was an undergraduate student at SUNY-Geneseo, I was the secretary andPresident for theAnthropology Club. Since graduating I have had the opportunity to work at a few interesting jobs, my latest being an interationalbanker in New I am running for this officebecause I feel strongly about therepresentational system and the good in whichit can accomplish. I plan to represent my fellow students with all the energy andcommitmentthatpeople have grown used to seeing in me. More specifically, I intend to propose some ideas and events that will bring us together asa class. Wehave a long three years ahead ofus and I firmly believe that a sense of togetherness will only better our York City. I am thrilledto be a first year studenthere at UB and am extremely enthusiastic about representing our class. All I can promise you is my concern for my fellow classmates in helping us reach ourcareer goals. I believe UB efforts and our outlooks. has a lot to offer an I want to make sure we are gettingthemostofourexperiences here. Ihave I lookforward to eventually meeting all been forunate to meet many of you and am of my classmates and please don't forget to really excited to know such a diverse and vote on Sept. 27 and 28! interesting group of people. I look forward to being a part of our SBA and truly appreciate your support. Please remember to vote. This is your class we want to hear your voice. Hello. My name is Sarah Braenandlam running for the postion of SBAfirst yearrepresentative. I am interesting in this position because ofmy desire to help our school and our interest reach theirfullest potential. I feel lam qualifiedfor this position because of my previous experience. During my undergraduate program, Iservedon the College Judicial Council, and in Student Government. My most significantachievement, however, was being one of the founders of the Wayne Co., IN. YouthCrime and GangPrevention Program. Through leading this program, I gained skills in mediationandarbitration and learned "by fire" how to "jumpstart" a new program or idea. That "jumpstart" is what I would like to bring to you as your representative. I have spoken withmany ofyou on issues you have already found with the school, for example the computer printout fee. The only way your interests can be hearts is to have the opportunity to talk to and know yourrepresentative. I have already met many of you, but I would like to know each of your and your interests so that I can be the best leader I can CROSSW RD® Crossword Edited by Stan Chess Puzzle Created by Richard Silvestri Hello. My name is Shantelle Hughes and Iwouldlike to represent theclass of 1998on the StudentBar Association. I wouldlike to be the voice that speaks for the many diverse ideas and feelings of our class. Many of you may know me from Prof. Olsen's Civil Procedure class, yes, I am the one who inititated class discussion. It is withthat same convictionand principle that I will represent our class on the SBA. My platform is simple, "We deserve to be heard, and we will." If given the chance, I will diligently apply myself to making sure that the ideas ofthe first year law students are not onlyheard, but respected. So on Sept. 27 and 28 go out and vote for Shantelle. be for this class and for the school as well. GregMattacola Amy Du vall 48 Epithet for ACROSS 1 Concern 5 Eschew Ihe scissors 9 Peachy color 14 15 16 17 19 20 21 23 24 26 28 30 34 37 Anthony Wayne Marge Make eyes at In the cooler Longshoremen? Paper money Accumulate Get all mushy Erhard's method Turned down Roman wherewithal the hills Be benefactor Diet, label Waterfront vacation? 39 Argued a case 49 Junket ingredient 50 Not so hot 52 Actress Gray anchor 54 (move securely) 57 Stand at the plate 60 Where port is left 62 Prodded 64 In Ihe clouds 66 Shore dinner? 68 Move edgewise 69 Mrs. Peel 70 Alternatively 71 Got up 72 Twenty quires 73 " I say more?" DOWN 1 Dandified 41 XXXIV tripled dudes 42 Watch display, 2 Troy tale perhaps 3 Chaucer 43 Passenger on pilgrim the landing? i—rj—r—[4 —M|s [6 n Hp T7 18 4 Oscar-winner of 1961 5 Hero 6 Psyche component 7 Styptic stuff 8 Fight against 9 Smart organization? 10 The Plastic Band 11 Liturgy 12 Escadrille members 13 Incase 18 Association of merchants 22 Adriatic island 25 Capital of Bangladesh 27 Author Bagnold 29 Miss by a whisker 31 Paradise Lost character 32 C/ao, in M 24 Chelsea once-over p p |F 110I10 Il' 112I12 ** 35 36««37 For thoseofyou whohave not yet met meHI! I'mAmy Dv Vail, and I'm running for SBA StudentRepresentative for the lLs. I've spoken with many of you about things that you would like to see changed and/or improved within our lawschool, and I wouldenjoy speaking withtherest of you about your thoughts and concerns. To date, you'vegiven mesome great ideas, including obtaining a more spacious, more frequently updated, and betterlit assignment board for the 3rd floor; more recycling receptacles throughout O'Brian; more effective Law School Bookstore hours. As your My name is Greg Mattacola and I am running for First Year Representative. I am a 1994 graduate of St. Bonaventure University and a native of Rome, New York. 2^H ■ 64 6S 33 45 46 mako ■« 47^Mp5 HV 57 I feel that I am bringing a variety of experiences to SUN V Buffalo School of Law that will help me to represent my class effectively in the Student Bar Association. I was President of my class at St. Bonaventure University. Someofmy accomplishments include bri nging guestspeakers to campus, overseeing fundraisers thatmade over $5,000for theclass and sponsoring events that brought about class unity. 44 J5 32 38 ■41 53 ° ■■21 31 39 I' 3 15 Mp HMH2B 34 sigh 63 Proof of purchase 65 Alice spin-off 67 GPgp. 33 Gave the ■HP 2bUgpi 2o 34 N-S connection 35 Babe's hue 36 Young or Perm 38 Lowlier 40 Cgsunit 44 Yelled at 45 "Willie and the Hand Jive" recorder 46 OscarWilde specialty 47 Get (ditch) 51 Deluge with decibels 53 More recent 55 Allan56 Concise 57 Woofer sound 58 Came down to earth 59 Hoo-ha 61 Verbalized 55 67 65 Hp 56| " 58 Mr° it TrirT 1 HH 1 1 �September 26,1995 THEOPINION 4 Why Join the Opinion? r ~~ \ You didn't make Law Review and Moot Court looks like too much work H Get hands on experience with libel law H Lern to rite reel gud H H H The guy who pushed you in the mud in third grade is now on the SBA...PAY BACKTIME I So you won't have to make up stuff for your resume H H It's more fun than a barrel of Schlegels! B The Opinion Probing,Timely, Controversial II W "■/• M-Mm-M ■ ■ lo|3|3|nMim|v 3|aMalo|o[i|s i 3 a v j|d a vihmßj. d 3|iMl|3 Q|v|wMa a ola vjolg s jo i V N N|3 a v H no i. l xqjßßjlIIBBfa 3. Tid c JO'ife AXS±2l°ME2.£l 3 1 V »O01?»0l2o|ll Miß 3a'i ~U a To Join, Drop a note in box 640, stop by room 724, call 645 2147, or email sschi@acsu.buffalo.edu 3.J. n_2^B IiISiIEHEFiS � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Opinion, 1995-09-26 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. The Opinion no. 1a 26.09.1995 Date Issued Date of formal issuance (e.g., publication) of the resource. 9/26/1995 Bibliographic Citation A bibliographic reference for the resource. Recommended practice is to include sufficient bibliographic detail to identify the resource as unambiguously as possible. 36 1a Publisher An entity responsible for making the resource available University of Buffalo State University of New York at Buffalo Law School Language A language of the resource eng Type The nature or genre of the resource Newspapers Text Is Part Of A related resource in which the described resource is physically or logically included. LIB-LAW003 Rights Information about rights held in and over the resource <a href="https://rightsstatements.org/page/CNE/1.0/">COPYRIGHT NOT EVALUATED</a>. The copyright and related rights status of this Item has not been evaluated. Please refer to the organization that has made the Item available for more information. You are free to use this Item in any way that is permitted by the copyright and related rights legislation that applies to your use. This digital collection is made available for research and educational purposes. Researchers are responsible for determining copyright status, and securing permissions for use and publication of any material. Copyright for items in this collection may be held by the creators, their heirs, or assigns. Researchers are required to obtain written permission from copyright holders and the University Archives prior to reproducing or publishing materials, including images and quotations. For inquiries about reproduction requests and permissions, please contact the <a href="http://library.buffalo.edu/archives/">University Archives</a>. If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/caf2651889a4697c183a0cfb67a7ffd6.pdf 6825efac2cb4b4a99ee7c9802b926fa3 PDF Text Text J J NEWS Guys andDolls, picturesfrom thefirst-yearreception, seepage 3 I J OP\ED Th eAdd-DropDeadlin c Bites } seepage 4 I FEATURES Don 'tjustsit there, getinvolved, see page 6 Bringing theissues to the studentssince 1949 THE OPINION Volume 36, No. 1 STATEUNIVERSITY OF NEW YORKAT BUFFALO SCHOOL OFLAW September 20,1995 The Add/Drop Date Fiasco Students gripe about add/drop deadline coming before classes start by Charles Pittaresi, Reporter The add/drop period tor fall semester 1995, which ended Friday, Sept. B—three days before the start of law classes— has been a source ofconsternationfor many returning law students. The "add/drop" period at UB Law School purposefully coincidedwith the university as a whole. Even now, students are free to drop courses, but such voluntary resignation from a course would be signified by an "R" on their transcripts next to the course name. "I don't like it!" said Greg Miller, a second-year law student. "It's not a question offairness, it'soneof logic. Why should we be on the University's schedule for add-drop, when we're not on their class schedule? Some of the students off campus don't have physical access to the Admissions and Registration Office." Machelle Millwood, also a second-year law student, said, "Stupid. I couldn't believe it...it's totally ridiculous to cut off the add-drop period before classes start." John Gibbon, a second-year transfer student from the Albany Law School, said "The "R" shouldn't appear at all if you drop within a reasonable time." WronNg umber! Sorry, , Allison Puglisi, 2L, said, "Well then, my request is to have the ability to add after classes begin, and to have it not affect my financial aid." Nils Olsen, vice dean foracademic affairs, said, "The law school's add period has always been controlled by theuniversity's add period. Previously, our calendar allowed us to have a relatively longer add period...[this year] we started after the university \s add period ended." The later start of law classes and revised schedule made it impossible to extend the add-drop period for law students. The reason for this semester's dilemma is tied to financial aid, Olsen said. He noted the university is adamant about ensuring a proper accounting. "Adding [courses] is critical, and UB is extremely insistent, they want a deadline. If there is an extendedadd period, therecould be large numbersof students erroneously listed as part time whomay in reality be full time." The university's financial aid office compiles a database, which is searched once, afterthecut-off date, to which students are full or part time. Students achieve full time status by carrying course loads of i 2 or more credits. Olsen saidthat incases where hardship was proved, Karen Waltz, assistant dean ofadmissions and records, wouldreview each case presented, and some relief was provided. Olsen stressed that studentshad been notifiedof the add-drop period the Spring and Summer of 1995 through announcements and mailings. Still, for many students, the proof of the pudding is in the eating, and many prefer a sample before making up theirminds. Second year Jan Neumann said, "As First Years we take required courses, and that's expected. But now, we have a choice. However, it's a limitedchoice, depending on our lottery draw, and what will fit into one's schedule. You may choose a course provisionally, out of necessity. It's not until you receive a syllabus and see the professor's treatment of the material that you know if this is a course you reaily want." Olsen said it was a difficult situation this Fall, and that heis wilI ing to explore a more workableprocedure for add-drop in theSpring 1996 semester. Olsen hinted that next fall, the university will move their starting date into September, and the law school will continue with its new later starting date, so this should alleviate our current problem. Hello, it's nice to meet you Univerity at Buffalo Law School welcomes its newestfirst year class clubs*phones still on thehooks as SBA fails to pay phone hill bySam Chi, Editor-in-Chief Once riaging phones sithus tieda> student groups scramble to deal with being cut offfrom the outside world. ; SBA President George Hamboussi explained that the phonebilJ for the monthsof Fehruary and Marchoflast semes ter had not been paid, resulting tn the termination of phone servicefor law student organizations : underthe SBA umbrella. At a Student gtoup meeting last Tues[jjy.Hamrxiussicouldnolsaywhenlhephones wouldbetumedon, but he promised to seeto u i hat they would bereconnected as soon as possible. At press time the phones were still disconnected, Hamboussi admitted: the phone situationcaughthi m by surprise. *'I thought things were taken care of. expect topay bills for last/Semester," While Hamboussi's administration is responsible for thesum mer month's bilIs, he ni di cated that inthe past StudenlTelephone j Services hasallowed the SBAagraceperiod I for summer bills. The phones were turnedoffI ihissummer because there wasan outstand-i ing bill from last spring. Hamboussi estimatesthat the SBA has patd $2,300 in bad telephone bills.! Hamboussi saidthat thispayment has severly affected theSBA discretionary fundbalance. However, Hamboussi was not willing to point thefinger at last year' s administration. 'This is not a case of Elizabeth [Jewett] sayingscrew yo uor mebeing lazy," he sai d. Instead, Hamboussi explainedthatonly $700 • of the $900 bill had been encumbered last spring, so Sub-board did not pay it, Hamboussi promised that this will not happen again next year. by Sam Chi,.Editor-in-Chief Amid excitement and anxiety, 264 fresh faces grace the law classrooms of O'Brian Hall. Coming from as far away as California and Puerto Rico and as close as Buffalo and Amherst, most of the first-years said they were drawn to UBLaw because of theschool's great reputation and comparably low cost. Roughly 20% offirst year class are minorities, 49% are women, and the average age is 26. Agesrange from 20 to 56. The new students started their semester about a week before upperclass-students returnedfrom theirsummerbreaks. A week long orientation gave the first years an interdisciplinary introduction to law. The first years were put through their paces as they took classes. Although some described theirfirstweek as "grueling" or "intense," most of the firstyears are very positive about their experiences. "I like it so far," said Erin Barclay, a first-year L-R ChrisDecker, Erin Barclay andTricia Vacanli enjoy thefirstyear reception studentfrom Rochester. cases." He said that he liked it so farand that Bill Plache noted that orientation was a he really wasn't worriedabout his first year. lot of "reading, briefing, and discussion of Although mostlypositive, reaction to the law school orientation program,itself, was more mixed. was kind ot (he "[Orientation] the exuberance ot the size of their class me of implementation Despite first-years, postpones aspects disorganized. Things where ofÜBLaw's muchheraldedNew Curriculum, Although the size of the new first year class is roughly similar to the size of last year's first-year class, the coming in the mail almost 264 students enrolledfar excecdthetargeted 210. This large jumpjeopardizes achieving the low faculty to student randomly," Barclay d said. In spite of the randomratio that isoneofthe cornerstones oftheNew Curriculum. Largely to blame forthemcreasedenrollmentisSUNY ness, Barclay's friend Tricia budgetcutting. Vacanti noted that orientato the urn. Law School Dean BarryBoyer said thatbudget cuts have stymied efforts implement NewCurncul "It siowed us down a lot." In fact, money allotted to thelaw schoolfor the New Curriculum has fallen by more tion was a good timeto get to meet her classmates, "We'ye than73 percent. thesize because the The law schooladministration scrapped plans toreduce ofthefirst-year c!ass university, met only four days ago and as a whole, must keepenrollments up. Boyer saidthat i t was dangerous for state universities to reduce thenumber we're already going out [on oftheir students. "Theretsno light linkage betweenenrollments and funding," Boyer said. Headded that the the town]," Vacanti said. Vacanti, who is from Grand law school was doing its part to help the university by "putting on holdits plan to reduce enrollments." Island, said she is familiar size, he conceded that there be some effectsfrom this class said year's Although might slight ripple Boyer that faculty ratios arc ahout where they ought to be. He emphasized that thelaw school will implement as much of the New Curriculum as it can. SeeDESPTTEonixigeS enrollment more than expected �THE OPINION 2 The Early Bird gets the worm... and a SAVINGS!!!!! September 20,1995 iw liT^^^^ TOf when you register for Pieper Bar Review before November 1,1995, we will automatically give you a $200 EARLY BIRD DISCOUNT! When you lock in your price early, you will also get: - The Pieper 2 Volume set on New York and Multistate law. - The New York Appellate Alert, digesting appellate (* With $150.00 deposit only) decisions from 1984 through today. - A complete bar review course with no hidden costs. - A FREE MPRE review lecture. - The PIEPER personal touch. 1 Don't forget, the deadline is November 1, 1995. Don't be left out. Call 1-800-635-6569 today with any questions. �September 20, 1995 Summer Notes compiledby JessiwMurphy, NewsEditor Freeman Remembered University of BuffaloLaw Professor AlanFreeman diedMay 26,1995, leaving apronounced absence for bothstudents and faculty. "Alan was a valued colleague and friend, " said Nils Olsen, vice dean for academic affairs of University ofBuffalo Law School. "His articles on critical race theory were nationally renown." Freeman is survived by his wife, Uni- NEWS THE OPINION 3 Despite jitters, first-years like UB Law, continuedfrom page 1 Jody Jacksonand Brigid Lyons said they hadgood feelings about the place. They describedtheirfirst week as fabulous."Orientation was a good survey ofissues. It also let you get to know each other." Jackson said. Both women had never met each other before even though both hail from quaint East Aurora. A happy MartinCortezannounced,'!' m damn gl ad to be here." Cortez added that he was "feeling it out in theLegal Methods program." He noted thatpeople are very supportive and thathe felt at home here. He said that he came to UB despite advice otherwise from people in his nativeLos Angeles, "They said don't go over there, it's too cold." Picturedfrom left toright: Gregory Mattacola, Jennifer DeCarli,Jay Ousiovitch and . versity ofLaw ProfessorElizabeth Mensch, his daughter Jennifer, so ns James and Jeremy, stepsons Jonathon and Joshua,parents Florence and Julius, andsister, JaneLevine. Freeman and Mensch collaborated on numerousacademic articles, reviews, book chapters, books, and a text-book. Freeman earned his Bachelor's Degree from Brown University and his J.D. from New York Paige Riu.o- But orientation did not pass without a few opening week jitters. Chris Decker said that he "tried not to pay attention to the feeling that someone didn't tell me something." He, and many other first-years interviewed, admitted that they felt a certain inadequacy. Cheryl Insinga admitted that she felt a little uncertain about law school. She described it as a "field of opportunities," but notedthat she didn'tknow what particular lawrelated field shewanted to do. But shesaid that many people reassured her by telling her not to worry and that things will get better. Jen DeCarli said that she too felt a little intimidatedat first, andadded that she had to get used to the new atmosphere. "Everyone here is so focused, almost neurotic," DeCarli said. saying that "[this] is a big transition period. Greg Mattacolaechoed DeCarli's so, the same Even Mattacola said he was impressed by his plane." Everyone has to be on classmates. "Everyone here has a rich background and a great education." University Law School. "He was an exceptional teacher who taught over a broad range of subjects. He was deeply appreciated by his students; they havebeen extraordinarily I ondof him over theyears. Alanalwayswaswillingand delighted to assist others...he will be missed." Former colleagues and students will honorProfessorFreeman's memoryon Oct. 12, at 3 p.m. in theafternoon at the Student Activities Center in "A Gathering To Remember Alan Freeman." All are welcome and are encouraged to participate. Headrick Promoted to Provost As of May 3,1995, University ofBuffalo'sPresident GreinernamedThomas E. Headrick, Distinguished Service Professor at the University of Buffalo and Former Dean ofUBLaw School,to beprovost of the University. Headrick succeeded AaronN. Bloch. Headrick will serve the University community as chief academic officer, whose main job is to oversee academic units, and budget issues related to academicaffairsandappointrnents for ÜB's fifteen schools and faculties. In addition to his university duties, Headrick continues to teach law as wel 1as He is undergraduate and graduate co a published author, and his most recent scholarly workfocused on various aspects of global capital markets. BeforecomingtoUßin 1976,Headrick served as assistant dean at Stanford Law School, andwas vi cc president of academi c affairs at St. Lawrence University. urses. some information supplied by Un iverityPress Releases SBA Elections Sept 27-28 Don't forget to Vote The first-year class gets acquainted at the law school's annual orientation party held Sept. Bat the Centerfor Tomorrow. ABOVE:Picturedfromleft toright:Jody Jackson andBrigid Lyons. TO THE RIGHT: Picturedfromleft to right: Cheryl Insinga, Mara Derme, ErnstLee and Brian Remy. Law Review Honors NewAssociates by Steven Bachmann Dietz, Managing Editor The BuffaloLaw Review greeted its new associates last week withan orientation meeting, a Softball gameand a party in theirhonor. JamesW. Grable, Jr., editor in chiefof the review, congratulated the new associates at the orientation meeting and acquainted them with their new responsibilities. "The students onlawreview have demonstrated a commitment to publishing a quality journal that we hope serves its purpose as ambassador of the law school to professors, practitioners and legal scholars," said Grable after the meeting. Thereview is a student-publishedj ournal of legal scholarship that publishes articles by professors, practitioners, law studentsand other scholars of interest both to a national and local audience. The review is circulated at more than 600 law librariesand firms nationallyGrable hopes to develop the writing and research skills of the new associates. While second-year students generally have goodskills, law review provides an opportunity to perfect these skills, he said. Each new associate will be encouraged to write a scholarly essay. These essays will be completed by theendof the Spring semesterand will be eligible for selection for publication. Among otherresponsibilities of the associates are proofreading and checking the citationsof the articles submitted for publication. For the upcomingissues of the law review, Grablesaid, "I see some exciting things. We're committed to publishing fantastic, interesting articles." Some examples he cited were an article by ProfessorAlex Hurder ofVanderbilt University on Lawyer/Client Relations andan article on laborrelations in a mining town. Grable was especially enthusiastic about asymposium on thedeath penalty scheduledfor March 1-3. UBLaw Professor MarcusDubber was instrumental in putting together the symposium, Grablesaid.The speakers and location are to be announced. The 1995-96associates oftheßuffaloLaw Review Marybethßarnet Laurel Baum Valeric Curry Bradley Dana Campbell Michael Chase AbbieChessler John Collins Amanda L Meredith Gildardo Michel-Garcia Gregory T. Miller M.Rogan Morton Michelle Navin Steven Bachmann Dietz Chris Dubrule DeniseNeuhaus JohannaOreskovic Allison Fields JamesFlanders Michael Fruchler James M. Gerlach David Pfalzgraf Karen Richardson Veronica Rodriguez Kimberly Hayes ShirinSaks Jeremy Schulman Nicholas Smith Jeffrey Stravino ColmanWelby Laurence Horvath Craig Hurley-Leslie Steven Laprade Kathryn X.Lee Lisa Maslow Craig Matanle KatharineE.Wolff ■■X.inl i. .Wii...i ir ■7mi7 FALL 1995 PUBLICATIONSCHEDULE Volume N0.#36 Issue #: Submission Deadline: Issue Out No. 4 Oct. 30 (Fri. Oct 31 (Tues.) No. 5 Nov. 10 (Fri.) Nov. 13 (Tues.) No. 6 Nov. 22 (Fri.) Nov. 29 (Tues.) Note: The Opinion is the official newspaper ofthe University atBuffalo School ofLaw andpublishes twice a month during theFall and Spring semesters. Deadlines are firm and late submissions are subject to the publishing discretion ofthe EditorialBoard ofThe Opinion. �EDITORIAL THE OPINION 4 tfST OPINION ia vr w i Volume No. 11 36, Founded 1949 September 20, 1995 A+ R, SHACKLES - c ninn<: September 20,1995 Steven Bachman Dietz Managing Editor Samuel S. Chi Editor-in-Chief EDITORIAL: A&R? What a Bummer! Admissions and Records had some good news and bad news for returning second year and third year students this semester. The good news was that they didn 't have to start until September 11. Most, however, did not fully grasp the bad news until they started classes. Students drop classes for many legitimate reasons after thesemester begins. Somefind the courses don'tresemble the course description. Some find they have a problem with the professor. Some find the course schedule conflicts with work commitments or there is a time change that make it inconvenient or impossible to attend. But no matter how legitimate the reason, the answer from thelaw school administration and Admissions and Records can be summed up in two words: "too bad." These students are faced with a Hobson 's choice: either see the unwanted course through to completion or drop the course and receive a "R". Admissions and Records set the last day to drop classes at Sept. 8. Thereason given for this mess was that financial aid deadlines dictated that all student schedules be final by that date. We feel that if the administration and Admissions andRecords were aware of these deadlines, they should have taken more careful when formulating the schedule. Instead, students are now paying the price for the administration's short- sightedness. Furthermore, Admissions and Records shouldbereminded that they are here to serve the students and not vice versa. SBA not off the Hook We wouldn't be doing our jobif we didn't call the SBA on the phone fiasco. Many student groups, including The Opinion, have been hindered by the phonesbeing out ofservice. If the SBA can't even pay its phone bills, we have to wonder how effective they will be. Hopefully, theHamboussi administration will learn from their mistakes and will be more attentive to studentneeds. Times' and Post's printing of unibomber's manifesto Giving in to terrorists is never the solution. Agreeing to print the mad man's manifesto will only encourage others to dothe same. Nevertheless, we shouldremember that any deaths or destructioncaused by the unibomber is soley the fault of the unibomber ~ the press is not responsible no matter how convenient it may be to blame them. STAFF Business Manager: Lisa C. Nasiak Production Manager David Zamiello News Editor: Jessica Murphy Features Editor: Mike Chase Photography Editor: Molly Kocialski ArtDirector: LenOpanashuk 6 . Perspectives A living wage by DianeLorenc-Mathers, 2L After working this past summer for minimum wage, I would like to entreat efforts to raise it. I know thatthere are many ofyou out there who were fortunate enough to land paid law jobs this summer. I am really glad for you. But all I ask is that you remember how lucky you were comparedto the rest of us who did not have the good fortune or theessential Gatsbian "gonnections." Most of us—well, at least some of ushave known whatit is like to work a minimum wagejob. We eitherdidit through highschool, college, or both. For those of us who were forced to work one through graduate school, however, the experience was particularly humiliating. We "paid our dues" to achieve our undergraduate degrees, and now this is what society tells us we are qualified for. We cannot land a "professional" job because employers know (unless we lie) weare students returning to school full-time in the fall; it is not in their best interest to hire someone for suchan importantposition justfor the summer. Besides, justthink ofall thetime itwouldtakejusttotrainus! And so, unless we have been able to do the indispensable "networking," we are left to the mercy of the minimum wage slave lords. I call them that because that is what they are. I submitthat I have never worked harder and underless dignified conditions thanI did this past summer. It is not important to know the name of the company—they are all the same. Their main objective is to incur the greatest profit while meting out the smallest wages. Now, they do not give out trivial wages Assistant editors:Features: Dan Killelea; Photo: John Gasper. Senior editors: Evan Baranoff and Peter Zummo. Computerconsultant: Peter Beadle The Opinionis a nun-profit, independent,student-owned and run publicalionfundedhvlheSßAfromstudenllaw fees. The Opinion. SUNYAt Buffalo Am herstCamnus,724JohnLordO'BrianHall,Buffalo.New Yorkl426Q(716)645- -2147. The Opinion is puhlished every two weeks during the Fall and Spring semesters. It is thestudent newspaper of theSlate University ofNew Yorkat Buffalo School ofLaw. Copyright 1995byThe Opinion. SBA. Anyreproduction of materials herein is strictly prohibited without the express consent of theEditors. Submission deadlines forletters to ihe editorand Perspectives are 5 p.m. on the Fridayprecedingpublication. Advertisingdeadlinesare 6p.m. on the Friday preceding publication. Submissions may eilhcrhe sent loTheOptnionallheahove noted address, dropped off underTheOpinionoffice door (room 724 o'Brian Hall), or placed in Box #10or #280 on the third tloor ofO'Brian Hall. All copy must be typed, doubled-spaced,and submitted onpaperandonacomputerdisk (IBM-WordPerfect). Letters are bestwhen writtenas a part of a dialogue and must he no more than two pages double-spaced. Perspectives are generally opinion articles concerninglopics of interest to Ihe law school community and must be no more than fourpages double-spaced. The Opinionreads and appreciates every letter and Perspective we receive: wereserve the right toedit any and all submissions forspace as necessary and also forlibelous content. The Opinion will nol publishunsigned submissions. We will return your disksto your campus mailbox or lo a private mailbox ifa self-addressed stamped envelope is provided. The Opinion isdedicated to providea forum for the free exchange ofideas. As a result, the views expressed inthis newspaper are not necessarily those of theEditors or Staff ofThe Opinion. "Congress shallmake no law ....abridging thefreedom ofspeech, or ofthepress;..." The First Amendment — because that is what we deserve. Rather, they give out minimal wages because they can. I guarantee you that the people I worked with this summer, including myself, workedharder than many who were well compensated. I cannot picture a high paid executive enduring the labor; he would have surely quit after the first hour, perhaps even sooner. He might very well go mad after being worked to death all week, orderedaround by superiors as if he were their slave, and then ultimately receive nothing more than a grotesquely insulting pittance theslavelordshave the audacity to call a salary. Further, I wouldlike to call attention to whoitis that are generally working thesewage slavery jobs: retired persons, homemakers, students, women and minorities. It does not appear to be a coincidence that those who are disrespected and devalued in this society are the ones suffering this humiliation. Minimum wage as it standsis completely unjust and insulting. Itis not possible for two persons working at minimum wage to afford the basics, let alone get ahead, even though they may be working extremely hard. Itis unfair that two persons living together on welfare are able to bring home more cash and enjoy a better quality of life. Look, if we as a society are truly serious about wanting people to get off welfare and work, we cannotmake it so that people can earn more ifthey stay homeand have more babies instead ofworking themselves to thebone at a minimum wagejob. It would be sheer idiocy to choose the latter. We've heardabout welfare recipient's rights—what about workers' rights? You cannot have people working extremely hard and still unable to make do. Unless ofcourse you're i nterested in a society full of miserable people. Hence, when youfind yourselfin a positionofpower,asoneday you veryprobably will, I entreat you to do you can to help the people whotoilwithout dignity—people who are disrespected devalued, and worked to deathfor a mere pathetic pittance. I know I will, because at one time I was one ofthem. Itis only because ofgood fortune that I may not have to continue being one of them, but that does not mean thatI can forget about them or theirplight. And neithershould you. Tell us your opinion! If you have an opinionon anythingpublished in our newspaper or on any current events topic that concerns the law school community, writeThe Opinion. All submissions are due the Friday before we publish. Your submission must be typed, doubled-spaced, and submitted on paper and on a computer disk (IBMWordPerfects 1 format). The Opinionreserves therijght to edit any and all submissions forspaceas neces* sary andalso forlibelous content; wewill not publish any urtslgnedsubmissions. Servdyout submissions to The Opinion office or place them in box 640. �OP/ED September 20, 1995 THE OPINION 5 Opinion Mailbox LETTER TO THE CLASS OF '98 FROM DEAN BARRY BOYER Congratulations to our entering class of '98, and welcome from the faculty, staff, and returning students ofUB Law School. You're entering the legal profession at a time of great structural change, and those -- Some of what you're seeing now in the first- society. During the next years, all of us students, faculty and staff—will be working to find out whichof theseroles makes sense for you. Make the most of this opportunity by staying involved insideand outside theclass- year curriculum embodies this philosophy, including the new "Introduction to Law" course, which was suggestedby student members of the Planning Committee as a way to changes are being reflected in our curriculum. give beginning law students a better conceptuYou' 11 hear a lotof discussionover the next few al overview of the legal system. The expanded Research and Writingproyears about theNew Curriculum, as we move ahead with detai1ed pians to upgrade ourcourse gramalso requires students to apply theanalytical skills developed in the core course in offerings. The basic idea animating these changes producing lawyer's work products. And after is simple: students will learn better in law the holiday intercession, you will return to a school, and perform better after they graduate, "Bridge Course" that will highlight theinterifthey follow a program of study that integrates connectionsamong legal skills, policy analyconceptual and analytic understanding of the sis and substantive law. Integration of theory and practice takes law withhands-on experience in performing place outsidethe curriculum, as well, and UB thekind of work that lawyers do. law provides a wealth of opportunities to learn The traditionaldistinctionbetween"theory" and "practice" implied that students more about the profession you're entering. Student organizations pursue a great vawould master legal theory in law school, then pick up the practical skills they needed from riety of interests, edit journalsand magazines, perform public service, and create networks of mentors and colleagues after graduation. Wethink thatthis approach is outmoded friendship and support. The Career Developfor two reasons. First, the changing structure ment Office conducts programs about particuand economicsoflaw practice are reducing the larfields ofpractice or government serviceand opportunities for leisurely on-the-job skills the Law Alumni Association sponsors a varitraining. This means thatstudents who don't ety of eventswhere you can meet with lawyers develop their skills adequately in law school from very diversebackgrounds. Next month, for example, there wil 1be a will face an increasingly difficulttransition to party for our young alumni organization, the practice. GOLD Group, to kick offhomecoming weekMore fundamentally, however, itis misleading to try to build a wall between theory end on October 12. On October 28, theAssoand practice. Virtually every work activity of ciation will holdits annual convocation at the lawyers has or should have—some"theory" Center for the Arts, featuring a training proassociated with it; and every theory worthy of gram onelder care law, andan awards 1uncheon the name potentially informs (and transforms) to recognize a distinguished alumnus, Since you're already membersoftheAlumniAssothe daily activities that comprise a "pracciation, you will be very welcome at these tice." events. in have to both halves together put You One of the great attractions of law as a order to become a complete lawyer, and the first year oflaw school is not too soon to start. career is that lawyers play many roles in room. I hope that all of you have a great experience at UB Law School, and as lawyers. Journal ofAffordable Housing and Community Development Seeks Student Editors Last year UBLaw School was selected to co-sponsor the publication of theJournalojAffordableHousing and CommunityDevelopmentLaw with theAmericanßarAssociation. The Journalispublished quarterly and includes articles written bypracticing lawyers, academics and UBLaw students. PhilHalpern andTomDisare are thefaculty advisors to the Journal, and JudySagerHernandezandJasonYots are theExecutive Editorsfor the upcomingacademic year. Journalparticipationprovides an opportunity to hone research, writing, andeditorial skills, while affording insight into an interestingand expanding specializedpractice niche. A ny second or thirdyear student interested in becoming a studenteditorshould submit a written statement ofinterest to the Clinic office in room 506 on orprior to September 28. — Dear First Year Student: Welcome to law school! Chances are that your first year oflaw school will be a bit overwhelming. And the stories you've heard about briefing cases, all night study sessions and the Socratic method don't make things any better. But rest assured, there is a way to make your first year oflaw school a little bit easier - bar/bri's First Year Review Program. The secret to success in your first year oflaw school is in understanding the "big picture" and being able to fit loosely constructed principles of law together in a meaningful way. As a first year student you need an experienced guide to cut through the fog of details created by casebooks, hornbooks and class notes. BAR/BRl's Power of Experience" is your guide. The First Year Review Program. nationwide, rtYOfXIAI A\l\lV r~\ I more than 15,000 students nationwide. This program includes: \ IIT k«V\ ■ The First Year ReviewBook (picturedlefv \1 \ V (Vjj lTlli(j|ll U \r\\fi\\.\\ ■ Constitutional Law Outline ■ First Year Essay Exams with Model Answers 11 ■ True/FalseQuestions with Explanatory Answers ffij DM? fEt HCI Last year, BAR/BRl's First Year Reyiew program was relied upon by II iar lts\ Yy /gal If HI l/TH ■ First Year Chart Supplement MB/WBWfxc/us/ve.'J HI WifIJB-l/ ifM Hi lliniiunf H fll nHi II ■fu. VjKrAvUHr 11 fILV ' ■ Flnal Exam Review lectures HI ■ Exam Writing Technique Lecture ■ StudySmart" Computer Software A Freeze on your BAR/BRi TuitionSaveSSSS! " Active law school ■ bar/bri Membership throughout ■ bar/bri Bulletins of updated Information ' ■ ■ □ CIVIL PROCEDURE □ CONTRACTS J AND ANSWERS I We look forward to helping you maximize your first year grades. I I The Power of Experience" (800) 472-8899 NY Office (800) 866-7277 MA Office �September 20,1995 6 FEATURES FEATURES THEOPINION Participation Counts! The CareerDevelopment Office recommends students get active to build their resumes By SaraAnne Meersc, Career Development Office Extracurricular activities are an important part of a student's law school experience, andyour participation can be a first step towardbuilding yourcredentials. Through participation, students have the opportunity for personal, educational, and professional development. How? First, it is a chance to meet fellow students withsimilar interests. Second, activities allow you toobtain exposure to law outside of the classroom. Finally, you can gain work-related experience (always helpful on a resume). UB Law offers its students a wide variety of student activities from which to choose and, withrare exception, all are open to 1L's. We at CDO urge you to explore and join an activity or two or three... Ifyour interestslie in clientadvocaand cy community education, there are four task forces on campus. Each addresses a specific substantive issue: farmworkers'rights (Farmworkers Task Force), prisoners'rights (Prisoners Task Force), the rights of battered women (Domestic Violence Task Force), and the rights of homeless persons (Homeless Task Force). If you prefer research and writing, there are several law journals, a student newspaper (The Opinion),and two moot court organizations. The lawjournals on campas include: Buffalo Environmental Law Journal, Buffalo Journal ofInternational Law, Buffalo Journal of Public Interest Law, Buffalo Law Review, and Circles: The Women's Law Journal on Law and Social Policy. The two moot andBisexual Law Students Association, the Medical-Legal Society, the National Lawyer's Guild, the Native American Law Student Association, the Patent Law Society, Phi Alpha Delta Fraternity, Phi Delta Phi Fraternity, the Sports and Entertainment Law Society, Students of Law for Animal Rights (SOLAR), and the Law and Technology Issues Society (LATIS). Finally, if you're interested in government or developing your leadership skills, join the Student Bar Association (SBA). All told, becomeinvolved. Join one or (if your staminapermits) more of these groups. Get to know your fellow law students(consider it yourfirst "networking" experience). Learn about different areas of the lawand decidewhether or not you want to continue in a specific career track. Law school is a time to try new things, why not start withastudent group? These associations and activities are here for you. Sara Anne Meerse is the Graduate Assistant for Public Practice, Career Development Office court teams, Jessup and Desmond, each hold annual competitions and require participants to submit a brief in addition to presenting oral arguments. Ifyou are a IL, you will be eligible to compete in the spring Jessup competition. Watchfor the notices later in the year. In addition, there are student groups that provide support networks, holdfund raisers, invite outside speakers to campus, and offer forums to discuss specific issues. These groups include: theAsian AmericanLaw Students Association, Ihe Association of Women'sLaw Students, theBlackLaw Students Association, the BuffaloEnvironmentalLaw Society, the Buffalo Public InterestLaw Program, the Christian Legal Society, the Federalist Society, the International Law Society, theLabor and Employment Law Association, theLatin AmericanLaw Students Association, theLaw and Social Work Committee, theLaw Students for Corporate Accountability, the Lesbian, Gay Get Involved Join the Opinion Probative,Timely, Controversial, Beer.... Ifinterested, drop a note in box 640, orstop by room 724 AlumniEncounter: Norman Viti '89: Find out what you love and do it! by Mike Chase, Features Editor Mostof us don't have a clue about what to do after law school, but Norm Viti '89 always knew he wanted to be a trial lawyer. Viti, currently the head personal injury litigator at theAmherst firm Corey J. Hogan andAssociates, has held a few differentpositionssince leaving U.B. Law. Each has added to his skilis as an attorney, but his satisfaction at each post dependedon how much time he spent in the courtroom. "If I weren't doing trial work, I wouldn'tbe a lawyer. I enjoy tryingcases more thananything," asserts the U.B. alum. Viti lives in Buffalo with his wife, Susan (another U.B. Law alum), and their 13 month-old daughter, Alex. He has lived"all over the place," including Syracuse, New York Cily, and Boston, but has remained m Buffalo since earning his J.D. He attendedLeMoyne CollegeinSyracusewherehesUidiedIndustrial Labor Relations, English, and Philosophy. He came to U.B. with the firm belief that, simply, "it's a very good law school. U.B. gives you agreat education at a very good value." You won't find any complaints about his alma mater from (his former law review and moot court standout. "The professors were very good generally accessible," says Viti He found torts and criminal law to be most fascinating, along with trial technique and evidence. "Birzon really knows his Stuff." And. Vili was quite impressed with the clinic program. "The clinics are excellent because they get people into ihe community who want to be lawyers, and they help the cominunily at Ihe same time." Viti startedhis professional career at a small personal injury firm downtown, but.soon movedon loaninsurance - York City. Rotation programs are great because you learn fasi what you don't want to do. I pretty much knew defense firm. "I enjoyed the negligence work, the bigger and more complex cases. But, I was impatient to get into the courtroom." So. soon afterward. Viti moved to the Erie County District Attorney 's Office, where he prosecuted cases for five years. "I loved the DA's office because you could work as hard as you wanled to take as many cases as you wanted. Most importantly, I received considerable trial experience in a short period of time. "I suggest to all students to gel as much experience as possible totlndoui what you want lo do. I worked one Ei attributes his recent move to ite sector to his desire to be an 1for "regular people. I like to Dlewhohavebeenhurt. Hike to have people depend on me to help them i n times of need." But even this experienced litigator still loves the thrill of the sport. "Hove therisks andrewards of the profession. I like thatfeeling ofliving on theedge. I'm not a gambler, though. Ifyou work hard and have skill, you will increase your chances." What would Viti do if he weren't a lawyer? "Probably fly jetsor race cars. I love speed. I love to be where the action is... I like what I do, though, or I wouldn'tbe doing it." One obstacle that Viti sees on the horizon, bound to affect many futurelawyers, is the growing call for tortreform. "I think that those who want to take away opportunities for tort victims to recover for their losses are doing a disservice to the citizenry. The system, if allowed to function with strong judgesand good advocates, works fine. They have their political agenda and no factual data to support [the needforreform.] Don't take power away from juries." As hard as this advocate works, though, Viti still considers his greatest accomplishment since leaving U.B.law to be his successful marriage and heal thy baby girl. His ties to the school ure still strong, as well. "1 hope someday to perhaps teach Trial Technique, maybe give something back to the school." In this weeks FEATURES - Roaming Photographer Columnist DanKillelea �THE OPINION FEATURES The Roaming Photographer September 20, 1995 7 Feature Column Dan Killelea Columnist Who wrote that book? by Leonard Opanash uh, ArtDirector This week's question is. .. What did you do this summer? Scan Shannon, 2L "I workedfor WestchesterPutnam Legal Services, paid through BPILP." Anne Graff, 2L "I didplaintiffs, real estate, and litigation workfor Robinson & Rossi." When I lookback onmy life, on my mountain ofachievements and experiences,I see a common thread tying it all together. I realize that everything I ever really needed to know I learned in First Year. Be nice. You never know when yours will be the answer chosen for ridicule by the professor, and every person you've ever laughed at in class decides it's payback time. And you can take it from me, that can be a pretty unpleasant experience. Don'thit. Did you know that you can be suedj ust for raising your fist at someone? It's true- I think they call itassault or something, but I didn't dotoo well in torts so I can't be sure of that. But I'm pretty sure. Take a nap in theafternoon. Nobody ever gets enough sleep in law school, and I'vefound thatanap can really take the edge off of a rough class schedule. Justbesure to wait until after the professor takes attendance, because that's usually when they're looking right at you. Hold hands crossing the street. If you're walking with a friend, and they get hit by a car when you should've been holding their handand looking out for them, they can probably sue you for failure to warn, or negligence, or intentional infliction ofemotional distress. At throughO'Brian. least that's what I woulddo. Shareyourtoys. There'snothing worse than being the only person in the library without a laptop, so it's good to offer others the chance to play solitarewhen you're not using yours. Don't talk to strangers. Upperclassmen tend to think that they're the cat's meow just because they don'thave to dohomework anymore, so they can be a little on the snooty side. If you needdirections or advice or something, it's probably best to justaskoneof the undergradspassing Don't speak out of turn. If there's one thing about good manners everyone ought to know, it's don't ask the professor any questions with 5 minutes or less remaining in class. Most people won't even bother to listen to your question, and will begin snapping their binder rings, or those of a friend. Many will be angry and say mean things. Some might even throw a book at you. Be sureyour shoes are always tied. It can really ruin your sociallife to go down in front of an audience in Room 106.JustaskmyfriendMike. Raise your hand if you have to go to the bathroom. Nothing beats a round of applause to pick up a sagging sense of self-esteem, and that\sj ust whatyou can expect after telling the professor of yourpressing need. The professors here are so nice that they might even ask you how everything went when you get back. And of course, remember to always wear clean underwear. No, wait...l think that's one I learned in college. Still, it's pretty important. Shouldyou makeit through your wholefirst year without learning any of this, don'tpanic. There'll be plenty oftime next summer to pick upon whateveryou need to know. Either way, you'll probably be wayaheadof me. Harvey Siegel,3L "/ worked on a project for theLawyer's Assistance Program, moshed atLollapaloozaand joinedan industrial band." AlfredoAcevedo,2L "I did human rights workfor the Centerfor Constitutional Rights. " Caroline Hooper,2L "/ worked at the DA's office downtownand sat secondchair in a burglary and assault case. " Until next time. .. ATTENTION SECOND AND THIRD YEARS ANNOUNCING THE 1995 JESSUP INTRAMURAL COMPETITION Sept. 20 General Interest Meeting in room 106 @ 4:30 p.m. Sept. 21 Competition Packet distribution begins at Law School Bookstore cost approx. $2.20 — Sept. 27 Letter of Intent due in Box 140 by noon Oct. 2 Written questions due in Jessup Office, Room 607 by noon (slide under door if necessary) Oct. 2 Answers to written questions posted outside Jessup Office Oct. 2 Sign up sheets for Practice and Competition Rounds go up outside Jessup Office, Room 607 Oct. 5-6 Practice rounds Oct. 10-12 Competition Round #1 and Round #2 Oct. 18 Competition results posted outside Jessup Office The competition will consist of two (2) oral rounds. There is no writing requirement. The top four (4) people after two rounds will be selected to travel to either New York or Washington D.C. to represent U.B. Law at a Regional Jessup Competition in February. The winners of all regional competitions throughout the world will then meet in Washington D.C. to compete against each other for the World Championship in March. If you have any questions please contact James Krah, Intramural Director, box 140. �THE OPINION 8 September 20,1995 The First Annual BARRISTER'S Bowi: I RULES: ■ Competition is open lo all v students X XVIZJIJ Q attending law schools in New York Slate. ™rSt aCe Team SBA Receives $2,500 Cash Award Each Participant Receives $1,000 Cash Award ■ Each school will be represented by two 3-person teams. ■ ■ ■ " . .• Q 'ions lest general and legal k, owicdgc. ~ ~ _ ' ' , Second Place Team . ~, matches consist, of two ~5-minute All , , halves of toss up, bonus and final questions. SBA Receives $1,000 Cash Award ezr>r,rhud,d $500 Participant Receives Each Cashv* Awardj Teams will compete in single elimination rounds wilh the winners advancing to the next round. SBA Receives $500 Cash Award Each Participant Receives $250 Cash Award Regional competition commences November5, 1995. _ ■ Quarter-, ,_ semi- and final .... rounds will be held in New York City. Third/Fourth Place Team . All members of teams competing in inter-school matches who do not reach the quarter-, semi- and final rounds receive a $100 New York BAR/BRI Bar Review Course discount. ■ Registration in BAR/BRI is not Sponsored lr squired. m For more information, contact your Student Bar Association, your BAR/BRI Representatives or call BAR/BRI al (800) 472-8899. f~j / '"] /CN/^Z7/~7/Vu^^^h^M \DMj Jl Id Jf M V y ~ The Power of Experience" BAR/BRI LAST YEAR AWARDED MORE THAN $150,000 IN FINANCIAL AID SCHOLARSHIPS THIS YEAR BAR/BRI WILL AWARD UP TO $250,000 IN SCHOLARSHIPS TO 1996 GRADS THROUGHOUT THE NORTHEAST (800)472-8899 � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Opinion, 1995-09-20 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. The Opinion no. 1 20.09.1995 Date Issued Date of formal issuance (e.g., publication) of the resource. 9/20/1995 Bibliographic Citation A bibliographic reference for the resource. Recommended practice is to include sufficient bibliographic detail to identify the resource as unambiguously as possible. 36 1 Publisher An entity responsible for making the resource available University of Buffalo State University of New York at Buffalo Law School Language A language of the resource eng Type The nature or genre of the resource Newspapers Text Is Part Of A related resource in which the described resource is physically or logically included. LIB-LAW003 Rights Information about rights held in and over the resource <a href="https://rightsstatements.org/page/CNE/1.0/">COPYRIGHT NOT EVALUATED</a>. The copyright and related rights status of this Item has not been evaluated. Please refer to the organization that has made the Item available for more information. You are free to use this Item in any way that is permitted by the copyright and related rights legislation that applies to your use. This digital collection is made available for research and educational purposes. Researchers are responsible for determining copyright status, and securing permissions for use and publication of any material. Copyright for items in this collection may be held by the creators, their heirs, or assigns. Researchers are required to obtain written permission from copyright holders and the University Archives prior to reproducing or publishing materials, including images and quotations. For inquiries about reproduction requests and permissions, please contact the <a href="http://library.buffalo.edu/archives/">University Archives</a>. If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/5ea15fc5b8d19471072d69b4a2ddf726.pdf e2b0dfac07d9e23e3e4cbbc7a840aa7b PDF Text Text J Northwestern lawprofessor debatesconstitutional interpretation. Seepages. I I FEATURES OP\ED Public InterestLaw feature. See story on page 3. "Bringßack theLions Committee"stirs controversy. Seepage?. Bringing the issues to thestudents since 1949 THE OPINION Volume 35, No. 14 STATE UNIVERSITY OF NEW YORKAT BUFFALO SCHOOL OFLAW . April 12,1995 LGBLS plans commencement protest by DanielaAlmeida-Quigg, Reporter Attorney General Dennis Vacco. Vacco has Amidcontroversy, OUTLAW, formerly come underfire at UB Law because he elimknown as the Lesbian/Gay/Bisexual Law Stuinated sexual orientation from his office's dents, plans to protest this year's commenceanti-discrimiation policy. ment ceremony and will offer an "alternate Besides littering thewallsand stairways graduation ceremony" right outside the Fine withposters protesting the speech, OUTLAW stuffed flyers in student mailboxesthatadvoArts building at the same timeas commencement, according to OUTLAWVicePresident cated wearing a pink arm band, walking out when Vacco spoke,placing a queer rights flag Nancy Stroud. "This is not a boycott, but a protest," said at Vacco's feet, tabling for employment antiStroud,3L. "Therearegoingtobepeoplewho discriminationlegislation, and even boycottare boycotting the whole graduation, but the ing the ceremony all together. overall planned event is to protest Vacco's Stroud continued, "There will be a speech." planned separate graduation event. We're Commencement, whichis scheduled for calling it an 'alternate graduation ceremony.' May 13, features a keynote speech by NY Obviously we're not going to give ourselves degrees." Stroudexplained that there will be several other speakers at the alternate ceremony. The Empire StatePride Agenda, a state-wide gay andlesbi an group, has si gned onto cosponsortheevent. Among others, SheilaHealy, the ex-governor's liasion on gay and lesbian concerns, and Susie Bright, a writer, have been invited to attend. Student reaction, however, is mixed. Although some support the OUTLAW decision, others do not approve ofit. "I don't feel commencement is an appropriate place to be doing it," said Susan Fox, commencement's student speaker. "Protesting before or after is all right, but during the ceremony isn't thetime or place to doit." Fox, 3L, added that she had "no problem with wearing pink armbands or doing something that's non-disruptive" but doesn't want to see Commencement unduly disruptedby the protest. ButStroud and theotherOUTLAW members feel that their protest decision will not disrupt graduation. "This way wecan still feel good about graduatingand at the same time not hearDennis Vacco talk about what it's like to be a great lawyer." Stroud warned that the choices that were indicated on the pink sheet were very "watered down"responses to their SeeLGBLSPROTEST onpage 5 NYU Prof, speaks on Japan Dean expects no problem with i. : law school'sreaccreditation \hyShclltyChao, Rqutrur On March 30,NYU Law School Professor Frank Upham spoke before 30 UB L<aw students and faculty members about the cultural origins of the Japanese regulatory style and its impact on international trade rela■■,. 'S ■ ■■ill-lip Upham, who researched theregulatory policies of ihe United States.. Japan, and France,, focusedon his findingsabout Japan. He outlined tbe evolution of administrative policies in twoarea* relevant to trade latgesize department stores, and broadca&tifig. Using examples andanecdotes garnered from time that he spent m Japan, Upham explainedhow"businesswasdone " Historically, when a large .store wished to locate in a community aruongstsmallefrciallers.smatl merchants had the opportunity to buy theright not to have the big merchants come in. He explained that the burden has now basically shifted, so that the large store owners have to purchase thetight to openlarge stores. Upbam said that this ha* resulted in ma-vsivecklaysio - ihe opening ofl arge stores as well as possibl c V;. •'. ;.'■ Ci'*rrup!.<o<l. '■.* also Upham spoke about the arcaneprocedures required when a new radio or television channel was opened u> bids ftom local broadcasters. He didn't comment onwhether the Japaneseprocedures were better or worse than procedures in the U.S.. only that they were different. Upham notedthat changeshave occurred in the regulatory systems. He %M that they were partly the result of increased trade ties to America, and requests made k> Japanese government by the Bush administration for dearer anti-trastpohausandastricter adherence to Japan's own statutes governi og busi- by Evan Baranoff, SeniorEditor Dean Barry Boyer said the law school received high marks by the American Bar Association's accredidation site teamand that he does not expect any problems with thelaw school beingreaccredited. "There's not a serious question as to whether our accredidation is going to be yanked," he said. In March of 1994, the law school was inspected by six or seven law school deansand professors who spent about three days oncampus interviewing faculty and studentsand reviewing records. Every seventhyear, the ABA and theAssociation ofAmericanLaw Schools jointly review the academic program, as well as other areas, of each ABA-accredited law school. Thepurposeofaccredidationis to assure quality control and point out areas of concern, Boyer said. "The ABA wants to make sure law schools are meeting minimum standards and ness practices. In thebrief question and answer period that followedhis lecture, Upham agreed that the regulatory style in Japan is. insome ways, similartothat in other countries, tncludingthe United States. Upham also noted that"maverick" entrepreneurs are comparatively tare SeeJAPAN'onpage4 point out areas for improvement," he explained. Boyer described the site team's evaluation as being verypositive. He saidhe expects that the law school will formally be reaccredidated once he submits a report to the ABA explaining how the university plans to remedy the site team's criticisms. "Themembers ofthesite team were very supportive ofwhat we'retryingto do,"Boyer said. The site team's list ofpositives included UB Law's high quality of teaching and classroominteraction, the law faculty'sproductivity as scholars and their good national reputation, and the law school's improvements to its curriculum, Boyer said. Thesite team was also impressedwiththe significant support provided by UB Law alumni, Boyer said. Although Boyer said thereport was mostly positive, the site team offered some criticisms as well. SeeREACCREDITA TlONonpage4 Justice O'Connor discusses jury system at Canisius byJosephBroadbent, NewsEditor A crowd of over 250 packed into the Canisius College CulturalCenter to hear Supreme Court Justice Sandra Day O'Connor speak about the problems of the jury system and suggestions to improve its operation. O'Connor, thefirst femaleSupremeCourt Justice, prefaced her speech by saying that in all but two or threeofthejury trialsshe presided over as a Superior Court judge,she thought "the jury delivered an entirely appropriate ver- dict." Even so, she said that there are "serious problems with theway juries operate today," but she saidthatthe problems can be overcome through theworkandeffortof trial lawyers and judges. O'Connor said that jury composition is a problem thatis beingrepaired. Although blacks were consistently excluded from jury service prior to the Civil War and peremptory challenges were used to exclude blacks until recently, shesaidtheBatson decisionhas helped to fight racial discriminationinjury selection. She also said that only after women received theright to vote did they have "any hope of serving,"but that sex discriminationcontinued afterwards, evidenced by the fact that, in 1966,"three states stillexcluded women from jury service by statute." . She saidthat theproblem with jury selection is that jurors have to endure a seemingly i endless wait before being selected. She said ' BroadJbeonsteph Supreme CourtJusticeSandaDay O'Connor To fix the trial itself, she suggested that jurors be given "general instructions on the applicable lawbefore the trial begins" to help them to know what to look for during the course of the trial, be allowed to take notes, and be given a copy of the instructions before they deliberate. "nothing new." She suggested improvements in juryrooms andallowanceofnon-unanimous verdicts in criminal trials to reduce the length of time jury members must serve. As far as jury selection is concerned, O'Connor suggested limiting or eliminating peremptory challenges and changing current O'Connorfinishedher speechbypraising the jury system, but emphasizing that it still needs improvements to ensure that it operates as effectively as possible. O'Connor was appointed to theCourt by former President Ronald Reagan and unanimously confirmed by the Senate in 1981. thatithasbecome"awayforhighly-paidjury ( consultants to attempt to get a jury favorable by to their side."O'Connor sees problems with theway trials are conducted, notingthatj urors i aren't allowed to take notes and aren't allowed to read the instructions on the applicable law until after the trial is over. O'Connor said that people see jury service as a burden and that jurors "are treated more like sheep than like people." After detailing the problems, O'Connor offeredseveralsolutions, which she saidwere Phot legislation that exempts categories of people from jury servicebecause oftheir occupation. She also advocated the "one day, one trial" system, whereby prospective] urors are called to the court for one day; if they are chosen to serve, they serve for the trial's duration, but if they are not selected that day, they are discharged from service. �THE OPINION 2 April 12,1995 Pieper People Pass!!! /Come and see why everybody's switching over to Pieper!!! / / / i \ / / \ \\y)JJ J \ / ever met said i must take Pie Per t0 / pass the N\ Bar J I Afcfl n^ Sβ $% Don' tbe left out of the conversation!!! /You passed too? That's great!] 1 I couldn't have prepared any / better!!! I'm glad I I ~^"\ j^ / Every attorney I've \ \ I better send in my $150 deposit to receive those brand new Textbooks that were just printed!!! \\ switched to Pieper!!! —— ( L_R V, J* \ >\ J V % I *] XH.--D Of course I passed! I took PIEPER. I couldn't have done it without them! / , Find out why everyone s talking about, and switching over to: PIEPER BAR REVIEW!!! THE NY-MULTISTATE BAR REVIEW COURSE CALL 1-800-635-6569 �FEATURES April 12, 1995 THE OPINION 3 The State of the Public Interest Information andadvice for all law students who are turning topublic interest careers the typical private client case. Pro bono public representation also fosters good will." by Flora Chan, Assl. Features Editor States. As Susan Raridon discusses in her book, "The Practice of FEATURES ofthelegal proto a good in a meaningful and prestigious oc- fng It is easy to be disillusionedabout public interest work. Images of the N AACP fighting for equalprotection for African-Americans leads law students withoutprior experience in public interest work into believing that the work is glamorous. In "Seeking a Job for the Soul," by Arlene S. Hirsch, describes how important it is for students torecognize that public interest work involves limited resources on a daily basis. cupation." such odds, one wonders why many law students, some incurring debtswell over $60,000, are fightingfor public interest positions thatcouldpos sibly pay them a salary that is no mor than a breakfast at Denny's. Of course there are the Skadden and lOLA scho arships. Yet these fellowships and grants are as scarceas therecycling bins at UI Apparently, the enactment of th Equal Access to JusticeAct of 1982,th 1976 amendments to the Civil Right L964 and the California "privat . y general statute," passed in 1977, have contributed to the recent growth ofpublic interest practice forlaw firms. These federal and state law authorize court-awardedattorneys' fees fact, Ralph Nader and William Schultz, in theirbook "Public Interes withBread on the Table," point out tha these statutes enable small and midsizefirms "to make a contribution to the and to get paid at the same »In golicy *on rnizational fession have made it more tWith isn t representing the interests of the "already powerful and weal thy people," she points out that public interest work includes direct representation of individuals, class action suits, commentarproposed laws, and lobbying. "The statedvalue of the profession is similar to social work. Public interest reputation in public work address the needs of the interest work. Reunderrepresented those who have no cently, CDO created access to courts, education, skills or abilities," says Punders. Pro Bono Students Unsure ofwhether criminal prosewhere law America, studentshave access cution shouldbeconsideredpublicinterto New YorkUniverest work, Punders explains that propodatabase for nents of the criminal justice system sity's bono work. maintainthat theirwork is public interpro est work because they are "cleaning up the streets." On the other hand, criminal misperceptiontobelieve that can you prosecutionis viewedby some asperpet■| find a the injustices of the legal system. ? easily job in interest Punders if you began her career in the I public find a Services in Buffalo Heritage Cenprivate Legal I can't one. In fact, withthe ter. There, Punders workedwith develproposed Congressional cuts for such opmentally-disabled people on criminal misdemeanors, employment discrimiprograms as Americorps, Legal Services Corp., and NAPIL, which funds 50 nation, and guardianship. In her second $3,000 stipends forwork in' poorareas,' summer oflaw school, sheclerkedatthe it is very difficult to finda public interest U.S. Attorney's Office focusing on environmental violations and worked last says Meerse. For those who cannot afford to do summer at theNational Organization for public interestworkbecause oftheschool Women Legal Defense Fund in New debts they have York City. After amassed, Meerse mmmmm mmmmmmmm ' graduation, she will "Demonstrated I be prosecuting jusuggests doing pro bono work at private commitment b thekey to § veniles accused of violent felonies in firms. She added that securinga public interest I the difference beI the Family Court n position I Division of New tween public i nterest York City Corporawork and pro bono Sara Meerse, 2L service is the time I tion Council. commitment, and Punders added public interest work is not necessarily that, while it is important for students "more noble." interested in public interest to donate theirtimeto volunteer groups, it is not a Nevertheless, with law becoming requirement for the "atypical law stuan increasingly specialized field, Co- dent" who must care for a child or an Director of BPILP, Helen Punders, 3L, elderly person. "Don't be afraid to tell J.D./M.S.W., believesthat doingprobono the public interest lawyers about your work will not prepare the lawyer to hanparticular circumstances," says Pundurs. She alsoadvises thatstudents be carefule dlecertain types of public interest litigation. not to assume more debt than is neces"Public interest work has as many sary. "Living simply will put you in definitions as there are jobs," says touchwithwhat'sit's likefor yourpotenPunders. Explaining how it certainly tial clients." - emergenceofa maturing marketplace for legal services, and the declining perception Bilt ■er Development Office. Meese es that the various clinics ofUBand thestudent-initiatedand student-run task force (e.g. Prison Task Force, Domestic Violence Task force) boost ÜB's rthermore, "they can help lawId theirreputation inthe community. A lawyer is much more likely to gain recognition in the community by bringing a public interestlaw case than Those interested in findingjobs in the public interest must show employers that their committed as well as competent. "Demonstratedcommitmentis the key to securing a public interest position." says Sara Meese, a 2L pursuing a JD/MSW, "Law review, moot court, and grades are ofless importance." Meerse, a NAPIL recipient, will be working on domestic violence for Pine Tree Legal Services in Presque Isle of Northern Maine inland this summer. As a BPILP recipient, sheis currently working for the Legal Services for theElderly inBuffalo. With her undergraduateexperienceas an advocateforrape victims at Binghamton University, she now serves on the steering committee ofthe Domestic Violence Task Force and is a graduate advisor for * f," ~ - AlumniProfile: MarcE. Hirschfield '92 Recent alumn relates his experiences at large N.Y.C. firm by Flora Chan, Asst. Features Editor A 486DX2sits on top of an L-shaped rectangular desk withmoundsofpaperwork piled from side to side. Pinned to thewalls are political cartoons about Republican hopefuls. Blending in withthe longprocession of offices that align the halls of Dewey and Ballantine (DB), this room is several feet past the firm's spacious two-tiered library.Located ons2ndAvenue andAvenue of the Americas, diagonally across from Radio City Music Hall, DB is a large NewYork City corporate firm withapproximately 400 lawyers. Within minutes, Marc E. Hirschfield '92, has entered the office. Hirschfield, who specializes in bankruptcy law, began his career at DB as a summer associate afterhis secondyear at UBLaw. Hirschfield also clerked with U.S. District Court Judge Richard J. Arcara. Originally from Longlsland, Hirschfield graduatedfrom Binghamton University in 1989after majoring in Philosophy andPoliticalScience. Comingto UBLaw immediately after college, Hirschfield spent his first summer cruising the country as a travel guide. During thefall ofhis secondyear, Hirschfield flew down to New York City for theannual city recruitment fairfor summer positions. After an onslaught of grueling interviews, Hirschfield received an offer from DB to be a summer associate. Hirschheldcredits the success of his first summer at DB to the associates who guided him and supported him through his legal projects. "The first assignment on wills and trusts was the scariest. I knew nothing about that area oflaw. Fortunately, I worked with a guy that was super- . ting more involved in politics." In fact, Dewey andBallantine is certainly not a typical largefirm t with Impressed Vtop-notch" legal work "friendly" environment, campaigned for At 4:30 every afternoon y you will findth eir associates GovernorPataki, "rendezvousing "for cookies and milk. Hirschfield decided to pursue his legal career withDB. Last year, Hirschfield billed over 2000 hours. "Youhave to put in a lotofhours wherever you are working. If you don't like where you are, the hours will feel longer. If you like what you are doing and the people you are with then the time is more EDB Hirschfield is certainly not a typical large law firm. At every afternoon, you will find their associates lezvousing" for cookies and milk. Given the opportunity Hirschfield is eager to partner at DB. However, he candidly admits that his chances appear very slim. Last year, only two associates madepartner. Withinhis department there 1 a former DB associate, in 1994. Explaining how he is a "Democrat turned Re- publican," Hirschfield says that he became a Republican in law school because he felt that his views were more Conservative thanthe students and professors at ÜB. Grateful for his SUNY education, Hirschfield, a member of theBoard ofTrustees of Binghamton University Alumni Association, is concerned about the budget cuts. "SUNY has aspecial place in my heart. Without the I would not be a lawyer working at DB today." Hirschfield finished with a precaution about being d against large law firms. "UB focuses on placing lawyers in public interest. But there really is nothing wrong with working at a large firm. Besides, you can do pro bono if you want." Earns �THE OPINION 4 O.J.Roundtable Repeated discovery violations by Joseph L. Broadbcnt, Sffls Editor Since the beginning of the trial, both the prosecution and the defense have alleged that the other side has failed to turn over evidence as required by California'sreciprocal discovery law. Prof. Carr said that "reciprocal discover) hasgotten out ofhand." Hefeels that, because of the prosecution's advantage in manpower and funds, "they shouldbe willing to turn over what they have to thedefense." Carr said he is troubled over the potential he sees for reciprocal discovery to come into conflict with the sthAmendment's right against selflncnmination. He tends to "wonder whether any of the violations are intentional" since they could end up being heldagainstthedefendant. Carrsaid a lot of whathas occurredis "unnecessary crybabying by the prosecution." Mr. Connors said that "both sides are hiding the ball" and that all the discovery abuses "tend to dwarf each other." He feels the violations "violate the spirit and intent of discovery" andtend to make for a "sporting theory ofjustice." Connorssaid that once one side finds a discovery, the otherside does, whichhe charac- , , tenzed as a "clever way to defied focus on discover) abuses." However, he feels thattheviolations won't havemuch impact because jurors respect the "vigor we might expect to be outside thebounds offair play." Connors also believes Judge Ito should enforce the rules more fairly by "precluding testimony, not merely fining the attorneys." Dr. Ewing sees a lot of the violations as "peculiar to California law." He doesn"t believe theproseclaim that they 'ye given the defense everything. Ewing said theviolations will have "no impact" on the case "unless the prosecution withheldexculpatory evidence." Judge Ito's instructions regarding the violations won't do much either, he feels, because "they've been given in a watered downfashion." Mr. Birzon characterized the violations as "each side trying to extract every possible tactical advantage it can." He said that, aside from the way it plays to the public, the violations "won't make a bit of difference; either the jury will believe the evidence or it won't. The judge's cautionary instructions won't change that." Reaccreditation, continued from page 1 Boyer said that among the team's criticisms were that the law school depended too much on adjuncts to staff upper division courses, needed to better its faculty-student ratios, and required improvement to the physical plant. "The key question is resources," explained Boyer, adding that the law school has already been working to address thisprimary concern. Boyer said the law school has hired four new full-time faculty members and has now received control over the majority of O'Brian Hall. Boyer also said the implementationof theNew Curriculum should remedy many ofthesite team's criticisms. "The New Curriculum is our way of taking the next step forward in upgrading our quality," he said. The site team also expressed concern about thegovernance of the law library, noting that usually the law library is autonomous from the university libraries; the UB Law's library is not independent from the university libraries. Boyer said that the ABA is looking for "a workable strategy" for addressing thelaw school's problem areas. Boyer saidhe must waitfor the budget situation to be resolved before sending his report to the ABA. Japan, continuedfrom page 1 are often shut out by an establishedbusiness community with influence on potentially venture-friendly organizations such as banks. At the close of the session, Upham expressed interest in theadministrative and legal changes yet to come as international trade continues to expand. Upham is a graduate of the Woodrow Wilson School ofPublic and InternationalAffairs at Princeton University, and earned his law degree at Harvard Law School. He has taught at Boston CollegeLaw School, in Japan. They and currently teaches property and Japanese law courses at NYU Law School. Though he has not taught at ÜB, he is well-known at the law school amongst faculty members, including Professor David Engel. Upham has spentagreat deal of time livingand studyingin Japan, isfluent in Mandarin, Japanese, and French, and is learning to speak Cantonese. He was recently awarded the Abe Fellowship by the Center for Global Parnership to develop his current research. Upham's visit to UB was sponsored by AALSA and the Mitchell Lecture Fund. LAW STUDENTS & LAWYERS Jump start your job search. Find jobs faster. Compiled mailing list includes FL, NY, DC Over 850 firms/legal depts., contact person, address. WP Disk $19, Hard Copy $33, Both $43 Send check/money order to Legal Mailings Unltd. PO Box 20149D.H.CC NY, NY 10017 FEATURES April 12, 1995 Feature Column Dan Killeka Columnist Study Tips from Big Dan After my first columnwas published a few weeks back, I received a good deal of feedback on it. Most was from my parents, but some ofit was fromactual law students. There were plenty of suggestions, among the loudest of which were "never write anothercolumn" and"get some help." Well, I'm sorry Mom, but I've got a dream here. After much thought, and after checking the last issue of theOpinion for any letters to theeditorabout my column (thank goodness for all those troublesome posters), 1 have decided to waffle on some of my original pledges. I will admit that I am still too scared to give my actual opinion onanything,but hey—there's no reason why I can't share some of the helpful hints for cleaner living I've picked up along theroadside of my life. As some ofyou may know, we here in the law school are about to begin the Spring Semester Finals Period. Having already taken finals once, this past fall, I thinkI may have some tips which ought to be sharedon "How to Make the Most of Your Studying." Everyone in my Research and Writing section knows thecautionary tale of the (former) law student who spent too many consecutive hours in hislaw school's 24 hourlaw library studying forfirst year exams. Do yourselves a favor and establish some sort of reward system to encourage you to take breaks. Don't wait until you have to be carried from the library on an ambulance stretcher. One of theways I like to reward myself for time spent studying hard is by watching TV. I figure that for every hour I spend hitting the books, I deserveabout 45 minutes in frontof thetube. I know it will be tempting to many ofyou to go thefull hour, but try to remember that if you were to spend a ful 1 hour watching television forevery houryouhadspent studying, you'd run the risk of defeating the purpose of thereward system. As if the TV wasn't enough of an incentive, I'vefoundanother useful method of reward thatI can frequently employ. And thatis thatfor every hour I spend study ing, I'll have one beer. Again, the temptation is strong to twist the cap off a second, but keep in mindthefact thatthe goal is not to reward yourselffor drinking beer by studying, but to reward yourself for studying by drinking beer. And besides, by limiting yourself to justone for every hour you've spent studying, you will allow yourliver to keep up withyou, and yourbuzz will never outpaceyourabi li ty to concentrate. Don't cheat yourself, thoughmake sure it's EITHER the beer, OR theTV. Mixing the two canlead to confusion or disorientation, and sometimesnausea. Believe me. And - for those ofyou concerned about the negative effects all that beer might have on me, don't worry; I really don't study enough for it to be a problem. Here's another suggestion I have for improving the study process: Be sure to look through your notes whenyou study for exams; they frequently contain informationwhich is crucial to your performance on finals. That really hurt me last fall, and as your mentor, I feel I ought to say it's a mistakeI don't want to see any ofYOU make. Finally, and perhaps most importantly, let me suggest that you leave yourself time to study after classes end. I know this can be a real hassle, especially with all of the great warm-weatherthings to dohere in sunny Buffalo, but believe me, you'll be thanking me later— especially if those extra few hours turn out to be the all-important difference between a "Q" and a "Q-." I hope I'vebeenabfc to give you a window onbetterstudy habits, while at the same timeaffordjng you a view into my worldofacademicachievement. That's what makes a general interest column generally interesting. All ofyou first and second year students will be happy to know that I plan to spend this summer honing my craft, so that next fall I can offer you more thanjuststudy,suggestions. Good luck to you all, and have a happy summer! AlumniProfile: MichaelBattle '81 New Asst. Attorney General remembers UB By Mike Chase, Features Editor Michael Battle '81, was appointed this January by newly-elected NewYork State Attorney General Dennis Vacco to head his Buffalo office. Battle, now 39, will run the busiest Attorney General's office in the state outsideofNew York City. As Assistant Attorney General in charge, Battle sees his main role at the Buffalo office as chiefly administrative. "I just want to make sure the office runs efficiently. I'm here to basically do whatever Mr. Vacco wants, and to help him in any way that I can," said the UB alum. Battle foresees at least one change under the newAttorney General. "There will definitely be more structure to the criminal prosecution area. We have several branches that will be very busy here inBuffalo. The environmentalprotection branch, the Medicaid fraud bureau, theconsumer fraud branch, and the Organized Crime Task Force (which sort of comes under the Attorney General\s office, depending on who you talk to.)" Generally, Battle's memories of the law school are memories of working very, very hard. "I didn't realize the full benefit of UB Law whileI was there, but I did meet some very nice people who I remained good friends with over the years." One of those people was his new boss. "I met Dennis at UB and we became very good friends. I also worked under him at the U.S. Attorney's officefrom 1988 to '92. Heleft when Clinton tookoffice. '' Dennis was Assistant District Attorney for a while, so he understandshow itisfor people workingon the front lines, trying cases every day. I've learned a lotfrom him." Battle has experience bothprosecutingand defendingfor the government. From 1984until 1992,he was Assistant U.S.Attorney herein Buffalo. Theninl992,hetookaposition as theDirector ofthePublicDefender'sofficeinßuffaloFederal Courts. He remained there until Vacco named him his first regional head threemonths ago. Hisfirst job out of law school was with Legal AidSociety in New YorkCity, wherehe was born. "All of my jobs have involved litigating, and I definitely enjoy that aspect of thelaw most. But it is a lot of work inpreparation andresearch- ing. Thisjobiskindof like a vacation for me, but I hope to get back intothe courtroom after a littlewhileand try some more cases." Battle'sbest advice for thoseof you who want to work in the public sector: get some good experience in your summer jobs. "My first summer jobwas with Legal Aid and the next summer I workedfor the U.S. Attorney's office. Those workboth great experiences, and that's what you need." Perhaps a true indicatorofBattle's feelings toward hisalma mater is his active hiring of UB Law grads andstudents. "I look therefirst. We received 50 resumes from theschool for summer internships, and I'll be spending thebetter part ofnext week interviewing." All in all, Battle is happy with where he is. The new position with the Attorney General's office is a refreshing change for him, and he sees it as another building block in his career. "It gives me a chance to develop some new skills. I'vebasically been trying cases since I got out of law school. Now, I'll have the chance to see if I have the ability to be a good manager. It'sjust another piece of the puzzle." Join the Opinion ! Meet interesting people, make lifelong friendships, and enjoy our free beer. Stop in Room 724 TCDAY! �April 12, 1995 I UB Law adds 4th professor for next year byEvanßaranoff, $&iiorß<lwr The luvv school hired a fourth nil 1-ti me. tenure track law professor tor next year, according to the Dean's Office. James A Wooten of New Haven, CT, \va\recentJyhiredbv thelaw schoolfor next year. Woolen, who received his J.D. from YjlcLjwSchool in 19K9,willteachPcnsir>n & Employee Benefit Law next semester. In the Graduate Program in American Studies at Yate IMvej&ty, Wodtea did h& dtwrutirars on "feeguiatlttg the *Unsesfi Revolution': Private Pension Policies and Politics, 1960 -1987* He coasted the Most recently, Woolen was ai New YorkUniversity SchoolofLawasaSaffiael i.£k>ijef>FeHowtnLegallJistory- Wootea had^evioijstybeaiALawandiltswrtyFeilow at YaleLaw School. The three law professors previously hirrtlfurneM>r<»nn«:lHdeSuun V Mangold wtoctttteniiyteadte&part-tane at ÜBLaw, Mai thai' McJClutfwynfNew YarkCttjand Tares* A Milter of Miaad Beaeit. Mangold, *feor&eivedkerJiXlxaft Harvard Ijm School in 1987, will teach Child AdvocSfcy& Law mx\ semester. o{>hwEL,M?*{Colom(Mal-awS<A(«ii. She will teath Issees «l Insurance Law Mil lerreedvedherJ.D. from Harvard at the University ot Wisconsin Sctuxii of Law tn 1989. She will teach PriMmer's She said, "Those who aren't comfortable going to graduation can still celebrate the day-many of us are going to go to the actual ceremony and thengo to the alternateceremony whenVaccobegins to speak." Stroudadded thatmany of thestudents will be coming back afterVacco speaks. Thekeynote speaker ofthe alternate ceremony will be scheduledto speak at the same time as Vacco, so students who want to go betweenthe two ceremonies can do so. Stroud said thatthere will also be protestinside the actual ceremony. "Inside we'll ing have pink arm bands and we hope to have people from theEEOC to facilitate discussion of employment discrimination examples," Stroudsaid. Stroud confirmed that there will be tabling on anti-discrimination, letter writing based on the bill to add sexual orientation to Title VII, letters to Congress to encourage it notto discriminate andto DennisVacco. Stroud did initially send a letter to Dennis Vacco, but saidshe received a form letterback that did not address her concerns. "This policy ofdiscrimination based on sexual orientation sends a verybad message to every firm in the [state] and to the country in general that it is OK to discriminate on the basis of who someone sleeps with," Stroud said. "Being gay in a society that can discriminate against me is a silencing factor. You[as astraight person] can talkaboutyourboyfriend, thatyou went golfing or to dinner, and that is perfectly normal and acceptable. But if I say my wife and I went golfing or to dinner, I can be at risk for employment discrimination, and depending on whohears it, I could be charged with sexual harassment based on someone's homophobic perception ofmy comments." Stroud feels that the administration has been very fair throughout the planning of the 5 THE OPINION Law professors Presser and Albert debate constitutional interpretation byJosephßroadbent, jNews Editor Last Thursday, Northwesternlawprofessor Stephen Presser debated constitutional interpretation with UB Law professor Lee Albert. Presser, author of thebook Recapturing the Constitution was invited to UB by the Federalist Society. Presser began by saying thatthe events of 1989 in Central Europe and last November's elections indicatethat we shouldrethink constitutional law rather than continue with the progressive, left-orientedmode thathasdeveloped in thelast four decades,asking "if wecan turn back the clock in politics, why not in constitutional law as well?" Although he noted that Dred Scot and Lochner are widelyregarded as the two worst decisions in constitutional history, Presser distinguished the cases. He said that "Dred Scot was bad because it forgot the lessons of natural lawlearnedin the 18thCentury,but that Lochner was good because it remembered them." He added that a growing number of people have come to takeLochner more seriously in recent years. Presser also critized the Supreme Court. "The court isn't implementing the rule oflaw and isn't guided by original understanding. Instead, the Court is making social policy based on politics and a culture of radical, secular individualism." Presser argued that the Framers never intendedthe First Amendment to erect a wall ofseparation between Churchand State; rather "it was designed simply to have the government not promote a particular sect." Thus, Lee v.Weisman. whichprohibited commencement prayers, was wrongly decidedaccording to the original understanding. Presser lamented that decisions like L GBLSplans protest, objections, adding "that's as mellow as it's going to get." NEWS the cause ofwhat's wrong with the country was "bizarre." He noted that no Supreme Court Justice has ever advocated that the Constitution should be interpreted according to the Framers' intentions. Albert said thatPresser's contention that judges may look to natural law in making decisions created a paradox and that natural law could ostensibly be used "to support any position one wants to take." He criticized natural law by stating that it would have supported slavery and was used in Bradley v. llinois to justifykeeping women inthe home. to the doctrine of originalism, Northwestern law professor Presser rt said that, even if the text or theFramers' t answered all constitutional questions, Weisman havemade it extremely difficultto that wouldn'tjustify the Framers"'rulingfrom teach morality in thepublic school," whichhe the grave." He notedthat Jefferson wanted to said is "at least in part responsible for the have a 20-yearsunset provision for the Consti chaos we now have in the inner cities." tution to prevent this. He added that the therealm of Presser said that Framers' debates "offer very little help for In abortion, "the courts, withno proper grounding in constitheissues the Court confronts today," manyof tutionallaw, display a nakedpreference for one such as wiretaps and electronic communicaside in wh3t is 3n csscntiullv intr3ct3hlc find tion. He argued that theConstitution's vague difficult pubanguage is an "invitation to fu"..the Courtis makingmetal ure generations to apply their alues in finding its meaning." policy potiticsandu concluded by culture radicalsecular Albertalso disputed Pressr's belief that affirmative aemaking four individualism." on has divided society, saying suggestions to -Prof. Stephen Presser t iat the legislatures, not the Court, help cure some of the counare responsible for affirmative try's present problems: cutting the numberof action and that the Court has been "less than Supreme Court Justices to five,passing a conreceptive" to affirmative action policies. stitutionalamendment whichwouldreturn to Finally, Albert said thatthe three constithetheory of a color-blind Constitution, reverstutionalamendmentsproposedby Presserwould ing theschoolprayer decisions, and getting the not cure the evils of society. In his rebuttal, Presser explained that he government and courts out oftheaborisiness. doesn't blame the Supreme Courtfortheevils rofessor Albert responded by saying of society, but feel it"hasexacerbated them." [Turning - bmetton of Xl continued from page 1 protest. "The administration is doing what they have to do," Stroud said. "I think they are in a very difficultpositionright now. They are doing the best they can possibly do withoutshowing that they are siding with us or against us." "Imagine one day you woke up and the majority ruling class were gays and lesbians, butyou had thisone civil right. An affirmation by the highest law enforcementagency that [it] wouldnotdiscriminatebecause of sexualorientation, because you were straight. Now imagine that this right was suddenly taken away from you." "Before, there were always people willing tohurt you because ofwhoyou are,"Stroud asserts, "but now you have people who can because the Attorney General's office has essentially turned their back on us." Join the Opinion! Free beer, late nights, bleary eyes, endless frustration, loads offun!!! BAR/BRI IS PLEASED TO HAVE AWARDED MORE THAN 600 FINANCIAL AID SCHOLARSHIPS (totaling more than $150,000) to 1995 GRADS THROUGHOUT THE NORTHEAST (including more than 55 Buffalo graduates) BAR REVIEW PROUD SUPPORTER OF LAW STUDENTS NATIONWIDE �EDITORIAL THE OPINION 6 Volume 35, No. 14 April 12, 1995 Founded 1949 Samuel S. Chi Editor-in-Chief StevenDietz Managing Editor EDITORIAL: Voyager, The Next Opinion With a new captain at the helm and a competant, yet untested crew, the next installment ofThe Opinion is heading to the deep reaches of UBLaw space. Encouraged by the stellar accomplishments of last year's crew, and even aware ofa possible shortcoming or two, the new board is ready for the challenge of boldly covering the ins and outs of UB Law School. However, the journey is hard andsometimes troublesome. Student body apathy seems to be the biggest stumbling block. No one seems to care just how much effort it takes to put out a newspaper. Dedication and hard work are sometimes all but ignored. People gripe about poor coverage, about the lack of happy news, and some even object to the way staffers dress. Nevertheless we're here to chart a straight and objective course despite the vast emptiness ofhuman hearts. We promise to give unbiased and accurate coverage of the important things here at UBLaw. We also promise to keep an open mindandaccept all viewpoints without prejudice. We promise to bring you laughter at times, and to lighten your spirits as best we can. But what we need is your help. Come and join us. In exchange for a little time and a wee bit of effort, we'll give a soapbox from which you can express your ideas, dreams, and even a story or two. Come and hone your writing skills. Boldly go where few have gonebefore. On a final note, thanks to Evan, Peter, Lisa, Joe,Peter, and John for a iob well done. See you next year! STAFF Acting Business Manager: Production Manager Acting News Editor: Features Editor: Photography Editor: ArtDirector: Lisa C. Nasiak David Zammiello JosephL. Broadbent Mike Chase TBA LenOpanashuk Assistanteditors^ews; TßA ; Editorial: TBA; Features: Flora Chan \Photo: Molly Kocialski; Graphics: David Leone; Business: Eric Dawson. SeniorEditors: Evan Baranoff and Peter Zummo. Beat reporters: SBA:TBA; CDO: DanielaAlmeida-Quigg; Alumni: Shelley Chao; ContributingStalT: Computer consultant: Peter Beadle Stabilizing: Ha! Thought you bad us! Destabilizing: Pbotofiasco ThcOpinion isa non-profit, independent,student-ownedand run publication fundedby theSßAfrom studentlaw fees. The Opinion. SUNYAtßuffaloAmherst Campus, 724JohnLordO'BrianHall,Buffalo,NewYorkl426o(716)645-2147. The Opinion is published everytwoweeksdurinptheFallandSprinpsemesters. It isthestudenlnewspaperoftheState University ofNewYorkatßuffaloSchoolofLaw.Copyright 1995 by The Opinion. SB A. Anyreproduction ofmaterialshereinisstrictlyprohibited withoutthe expres.scon.sent oftheEditors. Submissiondeadlinesforletters to thecditorandPerspeclivcsare5 p.m. on theFridayprecedingpublication. Advertisingdeadlines are6 p.m. on the Fridayprecedingpublication. Submissioasmav eitherbe sent to The Opinionat theahovenoted address, droppedoffunderThe Opinion office door ("room724 OBrian Hall), orplaced inBox#loor#2Bo on thethird floorof O'BrianHall. Allcopymustbe typed,doubled-spaced.andsubmittedon paperandona computerdisk(IBM-WordPerfect). best whenwritten a.sa part ofadialogueand must be nomore than twopages double-spaced.Perspectivesaregenerallyopinionarticlesconcemingtopicsofinterest tothelaw school communityand mast benomore thanfourpagcsdouble-spaced.The Opinion readsandappreciates every lelterand Perspectivewe receive; wereserve theright toedit any andall submissions forspaceasnecessary andalso forhhelouscontent. The Opinion will not publish unsigned submissions. We will return your disks toyourcampus mailboxor toaprivate mailbox ifaself-addressed stamped envelopeis provided. The Opinion isdedicated to provide a forumlor the freeexchange of ideas. Asa result, the views expressed in this newspaper are not necessarily truxscol the Hditors or Staffof The Opinion. "Congress shallmake no law....abridging thefreedomofspeech, orofthepress;..." --The FirstAmendment Stream ofUnconsciousness Sam Chi Editor-in-Chief Sports page, anyone? . I have to warn you, I may be the only male person alive whoadmits toreading newspaper advice col umns onaregular basis. Every other guy I know vociferously denies ever reading them. But if, by mere chance, they do read one, they grunt the coy excuse that they accidentaly caught it while waiting for the sports section. Not me, I automatically reach for Dear Abby. Ann Landers is my guru.But, mypersonal favorite is Ms. Manners. Etiquette is, like, mondocool. Just think, by saying "please" and "thank you" once in a while, eating with the correct fork, andknowing what a duvet coveris, one can lift themselves out of the primodial ooze of monosyllabic grunts and belches and enter the lofty realm of the cultured elite. I just can't getenough. I thinkthere ought to be a 24 hour hotline just in case you get a burning etiquette question at 2 in the morning. For instance, exactly how many flowers are necessary and appropriate if you forget an anniverary, almost miss a project deadline, or stand upa date? Concrete, specific answers to such questions could do well in averting ego threatening situations. But even the most stubborn, grunting, sportspage-minded man asks for advice once in a while. Granted, it maybe something as mundaneas, "how many days in a row can I wearapairofunderwearbefore they getreally skanky?" or as earthshattering as, "Whoa, do you think that really drunk chick over there likes me?" But, the one thing we men never dois ask for directions. I don'tknow why, but wejusthate asking for directions. We have to be lost in themiddle of nowhere, 4 days late, tattered and hungry beforewe even thinkof gettinghelp. Even then, we'dprobablyjustgoandbuyamap. But once in a while the impossible is possible. I and three mine, Julie, Michelle, and Mike were cruising'down a highway, close to thespeed oflfght, desperatelytrying to make theopeningscene ofamovie. Things were going great until Julie, who was driving, realized thatshe didn'tknow how to get to the theater. She looked over at Michelle, who didn't know ci ther,and thenback atme and Mike. I justshrugged my shouldersand gave a dazedand confusedlook. Mike, however, explained thathecalled thetheaterfor directions and then told us exactly how to get there. "You meana MAN askedfor directions?" asked a shocked Julie. "Uh, yeah," answered Mike. "You can't be a man," piped Michelle. "What, it was just a logical thing to do. Any rational person wouldhavedonethesame," Mikefiredback. "You're definitely not a man," the two women chimed. To say the least, it was quite the experience. What, with the obvious feminist overtones, (a woman in the driver's seat and men shunted to therear), andthe factthat Mike, who exudes as much testosterone as any other guy I know, transcended gender stereotypes, it was quiteprofound. It was all the more impressive because he didn't even need to know what a duvet cover was. The experience left me speechless and humbled. Here I have tried for years to be the nice guy,liberated man of the 90's and in one fell swoop, I have slunkback intothe ooze. For days after, all I could do was grunt. Oh well, anyone gota sports page? . ■ Jn correction of the April 3 article, "Facility discusses Code of Conduct." it wa,\ incorrectly reported that Professor Guyora Bmder said that a provision jn Stanford's code was similai u> Chapter 3. Section 7(eX4l had been struck down. It was, in tact. Professor Louis Swartz who made the statement. Clarification: In clarification of the April 3 article, "Faculty discussed Code of Conduct," the paraphrase of Professor Guyora Binder's remark regarding Chapter 3, Section, 7(c) may have incorrectly left the impression that Binder characterized ABA standards of professianal conduct: as ex cessive. What :hs said was that the application: to ,; ■, :■ students o< ABA standards governing the courtesy due judges from attorneys -_• would be excessive. �April 12, 1995 OP/ED THE OPINION Perspective byErikN. Larson In her letter to the editor in the April 3, 1995,editionofThe Opinion.KristineO'Grady disingenuously attempts to shift the obvious focus of the "Bring Back theLions Committee"(hereinafter "Committee") from the bigotry and harassment that it is, to a "thoughtful social critique" of variouspersons prominent in the Evangelical Christian political scene. In this letter, I make a few observations and proposesome questions thatI wishMs. O'Grady or other Committeememberswould answer. First, whatis the meaning behind "Bring Back theLions?" Is itaharkeningbacktothe days ofthe Roman coliseum when Christians, because of their beliefs, were thrown to the lions tobe eaten, whilethousandsof spectators watchedfor the sport ofit? Or is it advocating another"Daniel in the lion's den"scenario in which Christians are tossed to the lions because of theirabsolutebeliefs? In themindsof many Christians, these are the images conjured up by your Committee's title. However, if neither of these interpretations is correct, I respectfully ask thatMs. O'Grady or any other Committeememberinformthestudent body of the proper meaning of your Committee's title so that this confusion will be dispelled. Second, wouldyou honestly have thislaw school community believe thatposters saying such things as "Jesus is Coming...Out, Gay Rights Now" md "1 in Every 10 Jesuses is Queer" are only meant to be critical appraisals of those you cpl "right wing fundamentalist LionBsaScbekmru"qBturehisntCog ommittee" Christians?" The only one insulted by your victions be accorded the same respect that thoughtless and blasphemous posters is Jesus, people ofacertainrace, gender, ethnicity, etc., the one who gave His life so that you and I and are rightly accorded. Itis not only distasteful everyone else may live. Why is this an insult but it is wrong for a secret Committee to be to Jesus, one may ask? No, it is not because formed with theadmittedpurpose of mocking homosexuals should be hated; anyone who andharassingagroupofpeople becauseoftheir hates homosexuals is sinning. It is because religious beliefs. Fourth, why does theCommittee's memJesuswas sinless, and thus to insinuatethatHe was gay is to destroy thevery attributethat sets bership remain anonymous? If theCommittee Him apart from everyone whoexisted before is not being hateful and discriminatory, why then or since. So don't try to hide behind are the names secret? Ifretribution is feared, highbrowed rhetoric while you clearly intend please know that the only "retribution" to through these posters to demean the very es- come from the CLS will be in the form of sence of the religious convictions ofmillions ideological debate, not personal attack. Fortuof women and men throughout theworld. nately for all, the Christian beliefs that you and Third, even if it were true that your posttheCommitteeridiculespeak unconditionally ers were only "mock[ing] right wing fundaagainst personal hatred. Thus, theCLS never mentalist Christians," as you assert in your has and never will endorse, explicitly or imletter to the editor, such personal bigotry is plicitly, thehatred or abuse ofanyperson at this law school or elsewhere. If this is occurring, unacceptable in our tolerant law school community. Ms. O'Grady,wouldit be appropriate the CLS unequivocally condemns it. for anothercommitteelike yours to beformed I have a few more briefpoints in concluwiththe express purpose of displaying posters sion. First, we at theCLS welcome vigorous that "only mock" another group of people but civil debate ontheissues. We are confident because of that group'srace, gender, ethnicity, enough in the truth of our convictions not to etc.? I would hope not. If this ever occurred, have toresort to adhominemattacks like those you and I bothknow thatoutrage would ensue, being engaged inby theCommitteeand others. as well it should. But of course, when the If we disagree on something, let's debateit on the merits. But when a group of fellow law objects of mockery are"right wing fundamentalistChristians," mock away' till your heart's students beginslaunching hatefuland discrimcontent! Nothing wrong with that, right? No inatory poster campaigns intended to demean inconsistency there, right? All that we at the thesincerely-heldreligiousbeliefsofsomany, Christian Legal Society (hereinafter "CLS") without even attempting to offer any construcask is that people withcertain religious contive alternatives, thelineof proprietyhas been crossed. The deans stated in their March Bth memorandum that "[vjicious and assaultive graffiti [appearing in the law school] have attacked and threatened gays and lesbians. This conduct is contemptible and unacceptable and will not be tolerated." Is it too much to ask that the same respect expected to be accordedto gays and lesbiansbe equally shown to the Christians at UB Law, a law school that is supposed to be a place of "openness and diversity of opinion?" Finally, Ms. O'Grady speaks truthfully when she notes the inconsistencies of some Christians. However, we atthe CLS do not base our code of conduct on the actions of other people. Instead, our actions are guidedby the unchanging Word of God the Bible. When anyone veers fromthestandard set forth therein, the CLS does not condone that person's actions. We do not and cannoj speak for every Christian, justas you,Ms. O'Grady, do not and cannot speak for theactions ofevery person in whatever group with which you choose to associate. Insteadof imputing theactions ofa fewChristians to all Christians, why don'tyou and otherCommitteemembers actually get to know us at the CLS, so that you can actually have some basis in factfor your opinion ofus? As our fellow studentMichael Grainger first pled, please go aheadandattack our ideas onthe merits, butdo not attack Jesus. All Jesus ever did to you was die for you. Larson is the vice-president ofthe Christian Legal Society. - Opinion Mailbox Grady Letter Unfair O' To the editor: I won't stay home To the editor: I foundKristine O' Grady's mean-spiritedattack on Mike Grainger's comments regarding the Bring Back the Lions Committee to be a perfect example of the lack of class on her and theLions' part. Italso demonstratedthatnarrow mindedness is not limited to religious groups but can be found in secular groups as well. First let me qualify my comments by saying that I have no affiliation withany religious group on or off campus. And while I find fundamentalistreligious groups tobe annoying at times, I try to exercise tolerance (you might try looking it up in the dictionary Ms. O'Grady) with them as well as other groups. It seems to me that the Lions could have avoided this whole affair by exercising some common sense. There is no doubt that if a gayrights groupbrought a speaker toUBLaw and another organization posted ads protesting this with slogans is coming to ÜB, like "Boycott the Fudge Packer" or "Mr. wouldbe cries of outrage. don't forget the Anal-Ease", there Are we to expect silencethenfrom fundamentalist Christians when someone mocks the tenets of their faith? The problem here seems to be that people like Ms. O'Grady want to have it both ways. They want to be able to spread venomous vitriol against anyone that disagrees with them whileat the same timecensoring their opponents replies withcries of racism, sexism, and whatever new -ism they've dreamed up. Ofcourse I doubt thatthe groups theLions attack wouldresort to thesame childish displays as theLions do.This only lends support to the old adage, don't wrestle a pig unless you want to get dirty. Mikeßickardll,2L LA TIS ProudlyPresents Two Presentations Accessing the Law; Intellectual Property and Legal Publishing A Debate Between Mr. Bill L»ndberg--of WestPublishing and Mr. JobnLedcrer-PubJic Domain Citation System Advocate Tues. April 18th 3:30-5:00 p.m. Room 106 Refreshments Wi J$ Be Served A Presentation By Dr. Bcrleth from Roswcll Park Thurs. April 20th4 00-5 Jop.ru Room 207 Refreshments Will Be Seized Open Letter to 3L Class To the editor: Commencement is rapidly approaching and withit comes a continuing undercurrentof dissension. We wouldlike to ask thosewho are planning ANY disruption of theCommencement Ceremony to findanotherforum for theirdemonstration. This is not to say thatall protests shouldbe curtailed, only that such protests be considerate and respectful of the entire class. Commencement is a time to celebrate our achievements and reflect on our law school careers. More importantly, it is a time to congratulate ourselves and our classmates for all that we have accomplished, and to express our thanksand gratitude to our friendsand families for theirsupport over theyears. Whether we, as individualsor as a class, agreeor disagree with the policies of the selected Keynote Speaker is not the point. The point is that the commencement ceremony is not the appropriate venue for disruptive protests. We simply ask thateveryone keep in mind the potential consequences of disorderly conductat graduation. It wouldbe a tragedy for our commencement to be marredby any acts of violence. This letter is an appeal to everyone's better judgement so that reason and common sense can prevail at graduation. Let our graduation ceremony remain a dignified event. Susan L. Fox, 3L Charles Smouse, 3L A couple of days ago someone placed a photocopy of a NYSBar Newsletter story concerning Dennis Vacco's speaking at a Law Day Luncheon in my mailbox. The story was accompanied by a request that "we" protest at the luncheon rather than at graduation, as it would be a "more appropriate forum." While the note was verypolite, I feel I must respond. I'm not quite sure when commencement ceremonies became so important thatit was deemednot only acceptable, but a requirement that we place our personal convictionsaside for the sake of "how it would look to our parents." Canon 9 states: "A lawyer shouldavoid even theappearance ofprofessional impropriety." It does not state we should leave our convictions at the front doorof the Fine Arts Building forthe sake of appearances. Nor am I sure that our parents wouldn't enjoy a "not so traditional graduation ceremony," especially since they've been through it all before, and it is REALLY BORING. (The bestpart ofmy last graduation was making bets with one of the trustees on how many times they would have to play "Pomp and Circumstance," before all the graduates made it in to thehall. I personally feel NYS should pay trustees, if forno other reason than a compensation forthe pain and suffering of being forced to sit through all those graduations.) Grantedwe have all worked very hard to enter the world of the legal elite, and we should all feel proud of entering a profession that is gloriously honored by at least three sets of jokebooks. However, there is one important point I need to make: while you may feel uncomfortablewith my actions, it will all be over in about threehours. But when thethree hours are over for me, I'll still be a lesbian; Dennis Vacco will still be in power; I'll still have to lookover my shoulder for people who want to hurt or kill me; and I'll still face forms of discriminationyou obviously can't even begin to understand. NO, I WON'T STAY HOME. NO, I WON'TIGNORE MY SEXUALITY. NO, I WON'TSITQUIETLY INTHE CLOSETOF MY OWN PERSONAL EXISTENCE SO YOU CAN FEELMORE COMFORTABLE IN YOUR WORLD OF HETEROSEXUAL PRIVI- LEGE. I apologize if these words sound harsh. I feel I have attempted at every stage of this controversy to be fair and considerate. However, we all have our limitsand some ofyou have been stepping on my last threadof civility for weeks. Nancy Stroud,3L �April 12,1995 THE OPINION 8 NEW YORK SUMMER 1995 LOCATION INFORMATION (ALL LOCATIONS VIDEO UNLESS OTHERWISE INDICATED) CHARLOTTESVILLE, VA Albany Law School Univ. of Michigan Law School Georgia State University Law School University of Texas Law School Boston Univ. School of Law Holiday Inn 1070 Main Street Brooklyn Law School SUNY at Buffalo School of Law Harvard Law School Univ. of Virginia CHICAGO, IL 1) HYDE PARK 2) GOLD COAST CONCORD, NH DURHAM, NC Univ. of Chicago Law School Northwestern Law School Franklin Pierce Law Center Duke Univ. School of Law ALBANY ANN ARBOR, MI ATLANTA, GA AUSTIN, TX BOSTON, MA BRIDGEPORT, CT BROOKLYN BUFFALO CAMBRIDGE, MA HARTFORD, CT HEMPSTEAD ITHACA LOS ANGELES, CA MANHATTAN 1) DOWNTOWN 2) MIDTOWN 3) UPTOWN 4) WALL STREET AREA MIAMI, FL MONMOUTH CTY, NJ MONTREAL, CAN. NEWARK, NJ NEW HAVEN, CT NEW ORLEANS, LA NEWTON, MA PALO ALTO, CA PHILADELPHIA, PA POUGHKEEPSIE QUEENS COUNTY 1) FLUSHING 2) JAMAICA ROCHESTER ROCKLAND COUNTY SAN FRANCISCO, CA SO. ROY ALTON, VT SPRINGFIELD, MA STATEN ISLAND SUFFOLK COUNTY 1) HUNTINGTON 2) SOUTHAMPTON SYRACUSE TORONTO, CAN. WASHINGTON, DC WHITE PLAINS WILLIAMSBURG, VA 9:3OAM/I:4SPM/6PM 9:3OAM 9AM (Audio) 9AM (Audio) 9:3OAM/I:4SPM/6PM - 9:3OAM 9:3OAM/I:4SPM/6PM 9:3OAM/I:4SPM/6PM 9:3OAM 9AM - Univ. of Hartford Gray Conference Center Hofstra Univ. School of Law Cornell Law School BAR/BRI Office 3280 Motor Avenue - . 9:3OAM 9:3OAM IPM 9:3OAM 9:3OAM 9:3OAM/I:4SPM/6PM 9:3OAM I:3OPM NYU Law School A Town Hall 43rd St.(bet. 6th Aye. & B'way) B BAR/BRI Lecture Hall 1500 B'way (at 43rd) Columbia University Miller Theater 116th St. & B'way Marriott Financial Center 85 West Street 9.-30AM/I:4SPM 9:3OAM (LIVE) I:4SPM/6PM 9:3OAM 6PM 1570 Madruga Aye, Coral Gables Holiday Inn - 700 Hope Road - Tinton Falls McGill Univ. - Old Chancellor Day Hall Rutgers Univ. Law School Colony Inn - 1157 Chapel Street Tulane Law School 9AM I:4SPM - - - - - - BAR/BRI Office Boston College Law School Stanford Law School Sheraton Univ. City 36th & Chestnut Vassar College Rockefeller Bldg. - - CUNY Law School St. John's Univ. Law School Days Inn Downtown 384 East Avenue Comfort Inn 425 East Rte 59 Nanuet BAR/BRI Office 332 Golden Gate Avenue Vermont Law School WNEC School of Law Wagner College Spiro Hall - - - - - Touro College of Law Southampton Inn 91 Hill Street Syracuse Univ. College of Law Ontario Driving Training Center 2301 Yonge Street Georgetown Univ. Law Center GW Law School Pace University Hayes Theatre College of William & Mary Marshall Wythe School of Law - - - - LIVE COURSE BEGINS MAY 22 ALL VIDEO LOCATIONS BEGIN MAY 30 FOR FURTHER INFORMATION PLEASE CALL (800) 4724899 BAR REVIEW 9AM 9:3OAM/I:4SPM/6PM 9:3OAM 9:3OAM 9:3OAM I:3OPM 9:3OAM 9:3OAM 9:3OAM 9:3OAM/I:4SPM/6PM 9:3OAM 9:3OAM 9:3OAM I:4SPM 9:3OAM 9:3OAM 9:3OAM/I:4SPM/6PM 9:3OAM 9:3OAM/6PM 9AM 9AM 6PM 9:3OAM/I:4SPM/6PM 9AM � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Opinion, 1995-04-12 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. The Opinion no. 14 12.04.1995 Date Issued Date of formal issuance (e.g., publication) of the resource. 4/12/1995 Bibliographic Citation A bibliographic reference for the resource. Recommended practice is to include sufficient bibliographic detail to identify the resource as unambiguously as possible. 35 14 Publisher An entity responsible for making the resource available University of Buffalo State University of New York at Buffalo Law School Language A language of the resource eng Type The nature or genre of the resource Newspapers Text Is Part Of A related resource in which the described resource is physically or logically included. LIB-LAW003 Rights Information about rights held in and over the resource <a href="https://rightsstatements.org/page/CNE/1.0/">COPYRIGHT NOT EVALUATED</a>. The copyright and related rights status of this Item has not been evaluated. Please refer to the organization that has made the Item available for more information. You are free to use this Item in any way that is permitted by the copyright and related rights legislation that applies to your use. This digital collection is made available for research and educational purposes. Researchers are responsible for determining copyright status, and securing permissions for use and publication of any material. Copyright for items in this collection may be held by the creators, their heirs, or assigns. Researchers are required to obtain written permission from copyright holders and the University Archives prior to reproducing or publishing materials, including images and quotations. For inquiries about reproduction requests and permissions, please contact the <a href="http://library.buffalo.edu/archives/">University Archives</a>. If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/fcb27aa21714ce215dc6abd6c71ee6e2.pdf 4fe20304cce818e32d295132d582758c PDF Text Text I J FEATURES OP\ED Exclusive fookatthe career On-line newsgroupfor VB Law formed. See page 5. Forthe latest on the budget cuts andth c asbestos situation, see stories on page 3. paths of 1994 law grads. Story Wptipage 7, Bringing the issues to thestudentssince 1949 THE OPINION Volume 35, No. 13 STATEUNIVERSITY OF NEW YORKAT BUFFALO SCHOOL OF LAW April 3,1995 Hamboussi elected SBA president Thompson fill remaining Executive Board positions Lindao and Toth, by Joseph L. Broadbent, News Editor First-year Class Director George Hamboussi was elected StudentBar Association president in last week's general election. Jeremy Toth, Mercedes Lindao and Peter Thompson were elected vice-president, treasurer and parliamentarian, respectively. Almost half the student body cast their ballots last Wednesday and Thursday to elect next year's SBA Executive Board. In total, 380 out of 776 students voted. SBA President Ben Dwyer said that the turnout was "great" and attributed it to the write-in campaigns andlaw students' dedication to "theircivic duties." He said that, "all the candidates were quality candidates and would've done a great job." Hamboussi won 61 percent of the vote despite a late write-in candidacy by Fernando Leal. Shortly after hearing the results, President-elect Hamboussi said he was "relieved and happy." Regarding thewrite-in campaign staged by Leal, Hamboussi said he liked having a race and that, "it makes me feel much better that I had competition and waselected." Despite Leal's entry into the race, Hamboussi saidhe didn't step up advertising his candidacy because "I didn't wantto spend that much paper." In that vein, he said that, "one of thefirst things I plan to doisask student groups to use quarter pages when they stuff boxes" to save paper and money. In addition to his plans to begin learning things about the officethathe doesn't currently know, he promised to find out what students think about the proposed Code of Conduct. Finally, he said "the very first thing I'm going to do is take down all my signs and recycle them." As of Friday morning, Hamboussi's signs were in 1995-96 SBA GENERALELECTION RESULTS stitution, designed to prohibit the SBA from satictioningTheOpinion and oiher student press for its conlent. was overwhelmingly approved byavote of 264-88, The new Amendment states; '(The SBA shiill] pass no resolution abridging the freedom of the press u> report on the news, including theaffairs of the law school, or sanctioning thepr«ss ioany wayfor , the exercise of that freedom.* "The overwhelming approvv al ofthe Amendment sends a clear signal to the SBAthat thestudents want thei r newspaper independent from their student government," said Evan Barariotf, Editor-in-Chief ofThe Opinion. "The Amendment also acts to remind everyone that I SBA President: George Hamlxwssi 213 •Fernando Leal 137 SBA VicePresident: Jereruy Toth 204 Veronica Rodriguez 158 George Hamboussi Jeremy Toth I SBA Treasurer: Mercedes Lindao 288 SBA Parliamentarian: •Peter Thompson 81 *JohnLeifert67 FreePress Amendment: For 264 Against 88 'Signifies *vite-in candidate Mercedes Lindao Peter Thompson fact taken down. Vice President-elect Jeremy Toth could not be reached for comment by press time. Treasurer-elect Mercedes Lindao said she was "ecstatic" at being elected, adding that "I knew it was uncontesied, but it's thrilling to have been elected." Lindao said she's "anxious to get involved withthe budget and meet withstudentgroups in the coming weeks." Students approve Free Press Amendment hyJosepkL BraaJlxnt, NetvsEditor The Free Press Amendment lo the Student Bar Association Con- L the First Amendment does apply here" SBA President-elect Crcorge Haraboussi said, "I'm very happy and pleased that t he students voted for it. t was for students voting on something that affects them. The vote showed that the amendment was something that they wanted." Current SBA President Ben Dwyer said,"While I don'tthink it was totally necessary and have confidence future SBA leaders wouldn't a< t capriciously towards The Opinion, itdoesn't hurt to have it added to the SBA Constitution." Parliamcntanan-elecl Peter Thompson tailed theamendment "a good idea," saying "the press tteeds to be independent without people looking overits shoulder." The amendment will take ef. feet in the Fall '95 semester While shedescribed the coming weeks as a "crash course" in learning the budgetary process, she has been working with current Treasurer Elizabeth Jewett in the past few weeks toprepare herfor the weeksahead. She added that, "I appreciate the trust the student body placed in me by voting andbelieving that I can dothe job,"and said she wants to follow through on everything she promised to the students. Finally, she said thatstudents with questions shouldfeel free to stop and ask her. Newly-elected Parliamentarian Peter Thompson, who won the closest of the four races, saidhe was pleased at being electedand SeeSBAELECTIONonpage6 Faculty discusses Code ofConduct byJosephL. Broadbent, NewsEditor debate on policy questions such as 1 Friday's nearly two-hourfacul- harassment and persecution. He ty meeting focused primarily on the added that the latest revision atproposed law school Code ofContempted to address these concerns duct, whereboth faculty andstudent through the adoption of the SBA proconcerns were addressed. posal to resolve any questions in the Professor Robert Reis, one of the members of theCode of Conduct Committee responsible for the Code's formulation, began the discussion by noting that some sort of code was needed to address student complaints and concerns. He said that the committeesolicited a number oflaw school codesand adapted language from those codes into UB Law's proposed code. Reis said that thecode had gone through sevenrevisions over the past year, based on concerns and questioas raisedby studentsand faculty which the committee triedto incorporate. Reis said that, while there is little or no debateabout student conduct, thereisbound to be continuing realm of free speech in favor of the students. He alsorelated that questions were raised by Professor Lee Albert and others about adopting measures to ensure that students receive due process in proceedings under thecode. Related to this was his suggestion thatthe faculty develop a pool of "assigned counsel" to represent students in proceedings for code violations. After Reis finished, a number of faculty members, as well as students in attendance, expressed their concerns andproblems with particular code provisions. Professor RobertSteinfeld expressed reservation withcode provisionswhich impose uponstudents a duty to report any codeviolationsand which punish a failure to report a violation, calling them "too Big Brotherish" and "snitching rules." Dean Nils Olsen partially agreed, stating that the provisions "sweep too broadly" by requiring studentsto report any violationand suggesting that the language be changed to re- flect "priorities." Steinfeldalsosaidhe was concerned over Chapter 3, Section 7(d), whichpenalizes "loud, boisterous or other disruptive behavior" that interferes with classroom or library activities. Steinfeld questioned whether demonstrations would be covered by the provision and said that he would have "trouble voting for it." Steinfeld's concernwas echoedbythird-yearlaw student Joseph Broadbent, whosaid the provision's language was "vagueand overbroad" and could infringe upon constitution SccCODE onjiagc3 �Pieper People Pass!!! - /Come and / / \ I i April 3,1995 THE OPINION 2 see why ■ everybody's switching Over tO Pieper!!! "fN\ / Every attorney Ive \ / j \ ever met said i must take Pieper to pass the NY Bar \ I better send in my $150 deposit to receive those brand new Textbooks that were just printed!!! \\ / \ I J Aj&t rj I \ J / MljV^ *-f \\i \fi f Don't be left out of the conversation!!! /You passed too? y??Tl (Of course I passed! LJH VJ+ \ X J I took PIEPER. V 1# 'j} I couldn't have done it, I *< \ JJ it without them! great!] That's 1 I couldn't have prepared any / better!!! I'm glad I I switched to Pieper!!! Fin J ow£ w/ry everyone's talking about, and switching over to: PIEPER BAR REVIEW!!! THE NY-MULTISTATE BAR REVIEW COURSE CALL 1-800-635-6569 �April 3, 1995 Cuts confirmed for UB Law I byPeterZumnto, .Slonag'mgEditor Associate Dean Markne Cook confinnedl&vtThursdaythattheUßLaw 1994-1995 budget has been cut by more than SiOO.OUV "We have returned $108,92* to ihe Provost's office and they will return this money to the state," said Cook. "This rut,, is equa! to 2.>7percenlor' our state budget. , $2.5 million, and the lav. school's share of that cm was 4 percent Cooksaid thut.tothebe&tofherknowledge, the cuts were apportioned equally among all the units at ÜB. Associate Dean Nils Olsen said that iutswcre"untortuß4te,hutev«ryunftofthe adversity/ has tocdntt&ttte. Wfcvfere ebie iog the New Curriculum «the suctetsfut faring <tfnew professors. These cute will have rto effect on the ongoing program ." NEWS noted th<M,ifseverecuts areimposedonthe school eext year, "fjHfire is no cushion: tef*" BndahwtNOjjanvcutewOlaoibeeasv there wiU be an mcrea»e semester. in tvatwn next j*aA budget, Dean Barry Boyer stated "everything is up in theair Wedoo't know what will happen next year. The Legislature has yet to act on the budget." Boy«r (tutlmedncxt year's budgetarj decisi<jß6 m a "tiaee &eg*£f<K»ss.n ¥$&> sources ofasbestos in O'Brian Hall, according toLenßorzynski,industrialhygienistforUß's Office ofEnvironmental Health andSafety. UB Law's asbestos controlprogram has continuedits efforts to identify, evaluate, and control asbestos on campus. Earlier this semester, University Facilities workers collected dust samples from the grillwork in some first floor classrooms. These samples tested negative for asbestos, saidßorzynski. While collecting these dust samples, facilities work- » substantia] ititwapparentthatlbejfnrtum- ing Mudents} witl ortt be able to continue 31 UBLaw, it ts important that they inform us as, soon a» possible," to thatthe school can meet its enrollment targets. Olsen saidhe hoped the trustees will not ww tuttjyn to "sutb a point that Mu* demstan'tpayaiall Itiai wouldn'tnuke sense." Returning student*will probably have to wait for many weeks after the current semester ends before they areinformed about tteamoeatofthetuMfeßmcfease. tlwcets jawposedby theAsiemblj andSenjteCtmW result in a tuition increase of between $500 andslGoo. The amount ofthe increase will be decided by the SUNY trustees. The legislature and governor have yet toreachanagreememontrtespecit'icsofthe SU N V cuts, and if past years ate any indication,they may not for several more weeks. TheApril 1 deadlinecameandwentwttbout a statebudget, marking the eleventh consecutive failure to enact a budget on time The New York Senate approved an extras«s million tot SUNY lastweek. Late Saturday night, the Assembly voted to restore $134.4 million of the proposed $290 million cut. Consequently, the two houses still have to come to an agreement on the specific amount. Once they do, the SUNY fundjngcanberestoredeveu if the remainder of the budget isn't passed. fourthfloor in thelaw library are missing. That ceiling area hasbeen opened upmany times to work on a perennial water leak problem, said Borzynski. He added that previous testing showedno asbestos in the sprayed-onmaterial that is now exposed nor in the ceiling tiles themselves. Asbestos in O'Brian Hall is primarily containedinsprayed-onfireproofingandsoundproofing material on ceilings and structural supportsandin vinyl floortiles, saidßorzynski. Asbestos becomes a danger when asbestos fibers become airborne and are inhaled. The U.S. Environmental Protection Agency "Is there asbestos in the building? samples detectedasbestos fibers at levels well what below OSHA considers dangerous, said Yes there is* j>o Jreally feel that people are being exposed to quantities that are detrimentalto their health ? No, I don 7." Borzynski. negative results for dust samples taken in the fall semester from Room 305 andfrom arooftop fan room. Borzynski saidhehas therelief air from the building tested periodically and most recently sampled it in January. Since using a method of analysis that can detect a greater range of fiber lengths as well as distinguish between asbestos and other fibers, "no exhaust air sample has evershown anything (any asbestos)," addedßorzynski. Seven ceilins tiles on the east endof the Code of mates that pie die each yearfrom asbestos-related illnesses such as lung cancer, asbestosis (a chronic lung disease) and mesothelioma(a rare cancer of thelining ofthechestand abdominal cavities). The latency period for these asbestosrelateddiseasesis 20 years or more. "You are not going to get an immediate reaction to asbestos," said Borzynski. Mostofthe asbestos-containing material in O'Brian is in good shape and can be mainreleasing fibers intothe air, said Ei t h out Conduct, ally protected speech. must have a response from the SUNY system; finally, the funds must be allocated at the university level. Boyex described the options a* "limited," saying that most of thescnt»J'shi«feelwemwtacaatyanil«atf wk>»e|)«3fccteiEiljy«BJon<»ntracte, Areas tbat may softer cots include cumcuhtm, factdry sappettand Mtidtm setvice» Olsensaidhe hoped mrtht%wHi be tut as fa <«. tiw curriculum w con* We cetsedil^c won't be exempted from that." Boyer bfljd it is important thatall sm> dents provide A&R with "good summer addresses," *o thut the wrhoftl can contait them HeMid4s*wnat.thtftumo!j*Bcnaae M wit. <» tnaihajj will go out to all student* Soyer saidthat the tuition tncre&se**nMv be 3 Asbestos testing continues in O'Brian byJimSyta, Reporter "Cuts are never fun, but to have a cut thKUteintheytBdn\doubiejeopard},"«ad Cook. Wbjle ihe cuts tor tlu* budget year, THE OPINION Professor GuyoraBinder spoke abouthis concerns regarding Chapter 3, Section 7(c), which requires that students comply withthe ABA's ethical rules, whichhe called "excessive." Binder also discussed problems with Chapter 3, Section 7(e)(4), which penalizes harassment or persecution of another student "on thebasisofrace, gender, religious beliefs, sexual orientation, nationality, or disability." He said that a similar provision in Stanford's code was struck down the previous week. Professor Albert's concerns about the sufficiency ofthe current procedures for prosecutions under the code were relayed at the meeting; Dean Olsen suggested that there might be "possible problems" withthe procedure currently set forth in the code. SBARepresentative SareerFazili spoke next, relating the discussion that had occurred at last Monday' sSBA meeting, wheretheCode of Conduct was discussed. Fazili said that recent occurrences of"hateful conduct" demonstrated theneedfor some restrictions in the code. He emphasized thatrestrictions were required to help reduce the spread of the hate messages that havebeen appearing on classroom desks and in students' mailboxes. Broadbent, who was allowed to speak by unanimous faculty consent, spbke at length about theproblems he saw in the currentcode's language. After echoing ProfessorSteinfel d' s concerns about the duty to report violations, which he said would lead to "a police state atmosphere," Broadbent told thefaculty that he had spoken to a number of students, especially first-years, whohad expressed concern overparti cularprovisionswhichhesaid"raised First Amendment concerns." Broadbent said that a numberof first-years had wonderedwhat the Code of Conduct was allabout and what it meant to them. Broadbent took issue withthree particularcode provisions: Chapter 3, Sections 7(d), (e)(4) and (e)(5). He said that the vague languageof thesectionscouldbeused to penalize students for exercising theirFirstAmendment rights. Along withsuggesting drafting changes, he said that provisions in other university codes similar to (e)(4) and(eXs) hadbeenheld unconstitutional. He suggested that a public independent laboratorysurveyed asO'Brianin December, 1993and Jan- Several ceiling tilesare missing on thefourth floor ofthelaw library, but safety officials say there is no asbestos exposed. vary, 1994. According to thelaboratory report, there were no areas that required prompt action. "Is there asbestos in the building? Yes thereis," saidßorzynski. "Do Ireally feel that people arebeing exposed to quantities that are detrimental to their health? No,I don't." However, experts disagree on theasbestos exposure level that will cause biological effects. The safe occupational exposure level hasbeenloweredrepeatedly and significantly over thelast45 years, and someexperts believe that breathing in even one fiber will have an adverse effect. Recent asbestos samples willbe one of the topics of an informationsession to be held in O'Brian Hall sometime in April. This sessionwill also focus onbudgeting considerations, the future directionofasbestos control in O'Brian, andchanges inthe Operationsand MaintenancePlan that governs asbestos control on campus. EnvironmentalHealth and Safetyhas not yet set an exact date, time, and place for the meeting. continuedfrom page 1 forum beheld to allow students to have input into the code. However, Dean Boyer replied that theissue was moreproperly handledby the studentswhohave Hs in more than 50 percent of their classes. A suggestion was made to SBA. ors. Professor Binder said thatLatin honors should be determinedby the basis of "grades Finally, Broadbent expressed concern over current provisions whichcouldadversely affect students' bar admission. According to the code, if the Associate Dean, afterinvestigation, finds thatthereis no probable cause to proceed, the matter will be dropped but students may still be required to explain the charge to bar admissionauthorities. He suggested that any finding of no probable cause shouldbe expunged from thestudent's record and thatit wouldbe unfair torequire thestudent to explain such a dismissedcharge, "especially if it'saresult of theexerciseofFirst Amendment rights." After further discussion, Dean Boyer announced thatthefacultywas going to be polled to determinetheirpositions ontheissues which have been raised in order to properly address theirconcerns and decide how toproceed. He added thathe hoped the code couldbe implemented by next fall. Also discussed during the meeting was how therecently revised grading systemmight be adversely affecting thedistribution ofLatin honors grades to graduating students. The current system awards the honors to those consider Q+ grades in determiningLatin hondemonstratingoutstandingwork" (Hs). CDO Director Audrey Koscielniak agreed that the current system shouldbe continued. The faculty also discussed the growing problem oflaw students having theirfinancial aid being cut off due to the differences between the law school's and the university's class schedule. Dean Olsen said the problem was "significant"and suggested allowing students to add classes at the endof the semester, during exams, in order to ensure students are registeredfull-time to prevent theiraidfrom being cut off. He said that, while the suggestion wouldmean courses requiring the instructor's permission would need to be taken care of before the end of the year, the alternative wouldcontinue to hurt studentsby disrupting theirfinancial aid. Thesuggestion wasagreed to by the members in attendance with the provisos that students could still add at the beginning of next semester and that exceptions wouldneed to be made for transfer students as well as those cross-registering from other departments. Rally at City Hall Several studentsprotested theSUNYbudget cutsTuesday, March28 inNiagara Square in frontofCity Hall. �4 EDITORIAL THE OPINION ijki i Volume No. n 13 35. \; Founded 1949 Evan C. Baranoff Editor-in-Chief . ... April 3, 1995 ,___ April 3, 1995 Peter G.Zummo ManagingEditor EDITORIAL: A few suggestions for next year's SBA Now that a new SBA Executive Board has been elected, we thought we might offer some suggestions for next year. With the implementation of the New Curriculum set for next year, the SBA must take the initiative in seeking out students'reactions and concerns to the new program. Also, since the New Curriculum will provide the opportunity for more specialized courses, studentsshould actively suggest classes they would want to see offered; the SBA could take the lead in seeking student input in this regard. The SBA representatives shouldn't wait for an invitation from the Len administration; as the designated student advocates, they must ensure that by theadministration hears what the students have to say. The next significant issue is next year's commencement. Students must be kept informed and involved. The decisions with regard to commencement are not ones thatshould bemade without student input and serious reflection. Students should be asked about possible locations or speakersright away so there's no excuse for ignoring them. Furthermore, thereis no excuse for charging seniors to attend their own graduation even if itis only $1. This brings us to our last subject: fiscal responsibility. To theEditor: The SBA must commit themselves to a course offiscal responsibility. Michael Grainger wrote a letter to this This year, the lecture line wentvirtually untouched through February paper on February 22 "humbly" asking the with money allocated but languishingin the accounts. If groups do not use Bring Back theLions Committee to stopposttheir lecture funds, they should lose them, and the funds reallocated to ing flyers which Mike says "mock Jesus." Earth to Michael: theflyers don't mock Jesus, groups thatneed them. This could be doneat a mid-yearbudget review in boy! They mock right wing fundamentalist January. Christians, so if the shoe fits you, Michael, SBA reserve funds dipped below the safety mark for non-profit wear it, and don't cop a plea on poor Jesus. The Committee, Goddess Bless'em, are organizations. This should not happen again. Fiscal responsibility is an obviously among your many classmates at the ongoing process, not something that you can switch on and off. law school who are heartily sick ofright wing And just one more concern. We could not write an Editorial with culturewarriors whoinundate the country and suggestions for the SBA without mentioning boozefests. While social O'Brian Hall withtheir saccharin, simplistic activities are important, we feel that the SBA should not become obsessed religious views, while at the same time promoting nakedly callous and materialistic polwith the party life ofthe students. The SBA has to achieve the right balance itics. ofacademic concerns withsocial events, with the social agenda taking the Since Jesus said it wouldbe easier for a minority of both the SBA's time and funds. camel to pass through theeyeofa needlethan We congratulatethe winnersand wish them the best of luck in what can for a rich man to pass into Heaven, would you be a rewarding, but frustrating experience. mind telling Pat Robertson to get with the Opanshuk Graphic Ovinion Mailbox Lions Committee mocking right-wing fundamentalists, not Jesus — program? You'll find him at the top of his STAFF Business Manager: LisaC.Nasiak Production Manager Peter W. Beadle News Editor: JosephL. Braodbent Features Editor: Sam Chi Photography Editor: John W. Gasper Art Di rector: LenOpanashuk Assistant editors-.News.John Fcdcricc; Editorial: David ZammieWo; Features:Flora Chan and Mike Chase; Photo: Molly Kocialski; Graphics: David Leone; Business: Eric Dawson. Beat reporters: SBA:Steven Dictz; CDO: Danicla Almeida-Quigg; Alumni: Shelley Chao; Computerconsultant: PeterBeadle Subriizia|Lulhuie for Old Staff: TVub, II ibccn (un! Destabilizing: AppdUlebriefsiiidblowiideadliles The Opinion isamm-profit. independent.student-ownedand runpublicationfundedby theSBA fromstudentlawfees. The Opinion. SUN VAtBuffalo Amhcrst Campus, 724 John I>ord()'Bnan I lall,Buffalo, New York 14260(716)645-2147. twowcck.sduringlhclallaridSnnnuscmc.stcrs ItisthcsludentnewspancrofUieSlalcUnivcrsily The Opinion is ofNewYorkatßuffalo SchoolofI.awCopyright l'-WS by TheOnjnion,SI) A Anyrcpniductkin of materialsherein is strictlyprohibited withoutthe exprcssounscntofthelidibirs. Suhmissiondcadlincsforletters to Ihccditorand Perspectivesarc 5 p. m.on the l;ridayprcccdingpuhlication.Advertisingdeadlines arc6p m on the Fridaypreceding publication Suhmi-ssionsmay eitherhe sent loihcOpinionat thcahovcnotedaddress, dnippedoffuiidcr The Opinion officedoorfrourn 724 o'BrianHalite*placed inBox #10or#280on the third fhxirofO'Brian Ilall. All c< >py must be- typed, doublcd-spaccd,and submitted on pMpcrandonauanputcrdi.sk(IBM-WordPerfect; [ottersare bestwhenwritten asapart ofa dialogueand must benomorc than twopages double-spaced. Pcrspccti ve\sarc generally opinion articles c< mccming lopicsol intcrusltothc lawsch(x>lcommunityand mustbenomore thanfourrngcsdduhle-spaccd I neOpinii in reads and appreciates everyletlerand Perspective wereceive: wereserve ihcnghl toedit any We will return and all suhmissKlas furspaceasnecessarvandaLv>f< if libeloqsaintent yourdisks to yourcampusmailbox t* loapnvatemailbiix if a self-addressedstampedenvelopeis provided. TheOnjniori isdedicatcdloprovidcaforumfiirthe Iree exchange of ideas Asaresult, theviews expressed inuusnewspapcrarc n<itneces.'.arilyth(iseoflhel-dit<rsi»Staff<in>)eOria!<in "Congressshallmake no 1aw....abridging thefreedom ofspeech, orofth c press;.. ." --TheFirst Amendment multimillion dollar corporations and "Christian" marketing schemes, wearing his $600 suits. Charitable works suchas sendingBibles to Chinaand making"angel trees" for the poor at Christmas timedo not Compensate society for the damage done by bags of "Christian" shekels which finance the disgusting, meanspirited, and destructivesmashand grabpolitics of demagogues like Gingrich and Pataki. Does it never reach your consciousness howalien Jesuswould find this brandof just Christo-fascism? Jesus toldpeople to abandon everything they owned and follow him as an itinerant preacher. He didnothobnob with the mighty and powerful, nor kingmake from the funds donated by his followers; rather, he chased the moneychangers from the temple and consorted with prostitutes and other outcasts. Jesus never triedto force his religion or values on his neighbors through the political process, but toldpeopleto"renderunto Caesar thatwhichis Caesar's, and to God the things that are God's." Come to thinkof it, itis not unusual for people of a certain demographic profile (straight whitemales) to confuse themselves and their economic desires with God. Just thinkofall the women burnedalive and property seized during theDark Ages and even the eventsin Salem. Remember the genocide and destructionofGod's creationwhich accompaniedthe European invasionofNorthandSouth America? The Biblical justifications of sla- very? Recently I confronted several apparently straight white males of the Christian right when they were ripping down the flyers that poked fun at themandtheir culture war. They claimed that Dean Black told them that the flyers violated the University's hate speech policy and thatpeople couldcontinue to post them "if they wanted to get expelled." A quick check withDeanBlack yielded a complete denial. Michael, to put it in terms you would understand: the poor, the female, the nonwhite, and the gay students who want your quasi-religiouspolitical movement outof our civic life urge you to "go, and sin no more." KristineO'Grady, 1L I The Opinion thanks thestudent bodyfor their support. I Next Issue is our last: April 12; submissions dueApril 7. Correction: • In correction of the March 8 article, "Law student involved in brouhaha," it was incorrectly reported that witnesses said Nemeroffattempted to throw a garbage can at the other student. In fact, it was theother student, Shorte, whodid so. Clarification: • In clarification of the March 8 article, "Law student involved in brouhaha," David NemeroFf, 3L, disputed the reports of witnesses that said he "utteredracial epithets" and "beat up" theother student, Nemeroff saidhe did not"beat up" the otherstudent, but merely threw him to the ground inself-defense. Nemeroff also said itwasacup ofsoda thathetbrew at theother studentand not a can of soda. �April 3, 1995 OP/ED 5 THE OPINION Perspectives By Craig Hurley-Leslie A new resource for UB Law students quietly came on-line duringSpring Break. UB Law School now hasits ownon-1me newsgroup. A newsgroup is an on-line discussion area wherepeople canpost andreadmessages from other subscribers to the group. The UB Law newsgroup was created to help bring the UB Law community closer together. Students can post announcements of groupactivities, questions about classes and readings, answers to questions posed by others, and discussions of any subject relevant to the study oflaw here at ÜB. To use the newsgroup, you will need a computer account from UB ComputingServices. An account is free, justtakeyour ID toRoom 2150f the Computing Centerandaskfor a Vax or Unix account, or both. (I recommend a Unix account). While you are at the Computing Center, pick up copies of the starter guides written to accompany your account, a copy of the guide for thenewsreaderfor your account, and a copy ofa guide for an editor you can use on your account (i.e. Emacs). The consultant who issues you an account can also help you pick the right guides, but here is a quicktip Vax guides are yellow and Unix guides are the philosophy behind the group and includes informationthat new users may find helpful.) Vax Users The program I recommendfor Vax users is called News. To start News, simply type News at the Vax commandprompt ($). This will start the newsreader and create a file on your account to keep track of the articles you haveread. When you run Newsfor thefirsttime you will also be automatically subscribed to several newsgroups that are helpful for new users. Thenames ofthesegroups will be listed and News will tell you how many articles are in each. This list can be considered your reading list. Toadd a newsgroup to yourreading list, sub (for subscribe) followedby the name type ofthegroup(i.e.subsunyab.law.academics). If you start reading a group and find you no longer want to read articles in that group, type unsub (for unsubscribe) while in the group to remove it from yourreading list. To read articles in a specific groupfrom the list, use theg(for go) command, followed by the name ofthenewsgroup you wish to read. After you go to the group you can hit the <enter> or <return> key tobeginreading the pink. articles in the group. You can theneitherread Onceyou have an account, you need tolog all the articles in the group from beginning to into your account and run a program called a end, or youcan usethe n command(for next) to newsreader to access the articles in the skip the rest of the article which you are newsgroup. The commands for two currentlyreading. newsreaders, one forVax users and one forUnix Replying to an article orpostingyour own users, are outlinedbelow. (After you get into iseasywithNews.lfyouwanttopostafollowthesunyab.law.academics newsgroup, besure up message for all members of the group to to read the Frequently Asked Questions (FAQ) read, typer/POST. If youwantto sendEmail listthatis posted in thegroup.The Fagexplains to the original poster, type r /MAIL. Finally, - AAnaoufuocitrghlmea:ws.yab. cademics to post a new and n command (foT next) to skip the rest of the article which you are currently reading. Replying to an article is easy with trn. If you want to post a follow-up message for all membersof the groupto read, type ffor followup. If you want to send email to the original poster, type r for reply. Posting a new and originalmessage on an unrelated topic is a little different for Unix Unix users users. You will need to exit trn and run a The program I recommendfor Unix users program called Pnews. Type Pnews at the is called trn. Before starting trn you will need Unix commandprompt to create your message. Pnews will ask you some questions, including to type SETTERM=VTIOO at the Unix command prompt (>). To start trn, type trn (in what editor you wish to use to compose your lowercase letters)at the Unix commandprompt. message. (Information on using editors, which This will start the newsreaderand create a file are similar to word processors, isavailable in on youraccount to keep trackofthearticles you theComputingCenter whereyoureceived your haveread. When you run trn for thefirst time account). Once you complete your message it you will also be automatically subscribed to will be sent to the newsgroup. several newsgroups that are helpful for new When you are ready to leave trn, simply users. The names of these groups will be listed type q for quit at each prompt until you are foryou. This list can be consideredy ourreading returned to the Unix commandprompt. Where to go for help list. To add a newsgroup to your reading list, first The place you should look is in the typeg(forgo)followedbythenameofthegroup materialsavailable from the Computing Cen(i.e. g sunyab.law.academics). If you start ter. These documents go into greater detail reading a group andfind you no longer want to than is possible here andcover many functions read articles in thatgroup, type unsubscribe or not mentionedhere. Many ofthesedocuments v while withinthegroup to remove itfrom your are alsoavailable in the green binder in thelaw school computer lab. If you have a question reading list. To readarticles in a specific group from which is notanswered by thesedocumentsfeel the list, use the g commandagain, followedby free tocall the Computing Center Help Desk at the name of the group (i.e. g 645-3542. Learning to use a newsgroup may seem news.announce.newusers). After you go to the groupyou canhit the <enter> or <return> daunting at first, but it can open a whole new key to begin reading thearticles in the group. world ofdiscussionand interactionwithother You can then eitherread all the articles in the law students here at ÜB. More importantly, group from beginning to end, or you canuse the once you know theropes it can be a lot offun. original message on an unrelated topic, type post. News will then start an editorsession for you so you can enter your message. Hitboth the <Ctrl> key and theletter Z to exit the editorand send your message. When you are ready to leave News, simply type exit at theNews>prompt and you will be returned to the Vax commandprompt. Opinion Mailbox In response to Grabowski's letter I read with sympathy Mr. Grabowski's letter to the Opinion (3/8/95) regarding the 'stuffing'of mailboxesand thepostingofsigns throughout the law school. Most of us would agree that these practices result in an egregious waste of resources and can also be aes- thetically displeasing. However, imposing harsh (or indeed unrealistic and unworkable) restrictions on theseforms ofspeechshouldbe a solutionabhorrent to studentsoflaw. Instead we shouldwork togetherto findsolutionswhich promote the communication of information and ideas while reducing environmentaland visual clutter. I believe thatposters andmessages stuffed boxes in by fellow students are the signs of a thriving intellectual community. (I will not attempt to address advertisements within the scope of this letter, leaving individuals to judge these materials for themselves.) The problem is not the messages themselves but the side-effects they create. The ideal solution to these side-effects would be to find a means of facilitating and encouraging the communication of informationand ideas within ourschool whilereducing paper and copying waste/expenses andvisual clutter. This solution would not require the expenditure offunds by groups toplace bulletin boards in the law school, and wouldlikewise eliminate theneed for the staples, push-pins, and tape whichleave theirtraces on our walls. This seemingly perfect solution already exists. TheLaw AndTechnology Issues Society has worked to establish a computer newsgroup for the use of the students and faculty of our law school. This electronic newsgroup allows theposting of information, announcements, and messages to anyone who subscribes to the newsgroup. Messages are sent instantaneously to all readers withoutthe costs (monetary and aesthetic) traditionally associated withpaper-based communications. Tell us your The onlyrequirement to access thenewsgroup is a computing account from UB computing services, whichisfree aspart ofthetuitionwe pay to attend UBLaw. Instead of asking for others to impose restrictions on posting and 'stuffing' ofmailboxes, each of us shouldtakepersonal responsibility for our contributions to these activities. If we are not posting or 'stuffing' we should encourage others who are to change their methods.Talk to theBar Review representatives and personally express your displeasure, or talk to theadministrative offices which distributecopies of theirpublications to every mailbox on a weekly or bi-weekly basis. Above all encourage theuseofalternative methodsofcommunicationincluding the use of on-line resources. This type of peeraccountability is more appropriate thanwrittenpolicies andrestrictions whichimpede the freeflow ofinformation withinourlaw school. Individuals canalso take concrete steps to make the use of on-line resources more attractive to thosewho currentlypost or' stuff' mailboxes. Each of usshould: opinion! Ifyou have an opinion on anything published in our newspaper or on any current events topic thatconcerns thelaw school community, write The Opinion. All submissions are duethe Friday beforewepublish. Yoursubmission must betyped, doubled-spaced, and submitted on paperand ona computer disk (IBMWordPerfect5.1 format). The Opinion reserves the right to editany and all submissions for space as necessary and also for libelous content; we will not publish any unsigned sub- missions. Sendyoursubmissions to The Opinion office or place them in box 640. I ■ 1. Geta computer account ontheUB Vax or Unix system. 2. Learn to use E-mail. 3. Learntouse newsgroups andsubscribe to the sunyab.law.academics newsgroup. 4. Contribute informationto beplacedon the student administered portions of the UB Law School Gopherspace. Taking these steps will not only help encourage others tostop wastingresources, it will makeeachofus betterable to participate in thedevelopingInformation Age. Nowis the timeto become familiar withthe technology that is driving the InformationRevolution.To refuse to make theeffort is to risk being left behindand left out of thevital debateson how we should use these technologies. Insteadof merely writing letters bemoaning thecurrent situation, I invite Mr. Grabowski to participate in concrete efforts to fashion solutions... ■ I f!. i> .1 . til I'l llwl %%i\t i1111 l\i\ l I klllll ... Craig Hurley-Leslie, 1L chl@acsu.buffalo.edu '' vv.'.' i reporters are i needed tor next .■" �NEWS April 3, 1995 6 BRIEFS UB Law to honor alumni The law school will honor fivealumni and Representative John J. LaFalce at theUBLaw Alumni Association's 33rd annual meeting and iwards dinner May 3 at the Hyatt Regency. Receiving awards will be the Honorable Joseph P. McCarthy, '61, who has been an Erie County Court judgesince 1977 and has lectured atthelaw school since 1975; John H. Stenger,'sB, former U.S. Attorney and special assistant to the New YorkAttorney General whois currently a senior partner of Stenger & Finnerty; Thomas Maligno, '77, past recipient of the New York State Pro Bono Award whois the current executive director of the Nassau/Suffolk Law Services Committee, Inc.; Anthony J. Colucci, Jr., '58, former president of the New York StateCivil Service Association and the UBAlumni Association; and Diane J. McMahon,' 78, who currently serves as general managerand executive vice-president at Stovroff and Herman Realtors. The Association will also honor Congressman John J. LaFalce ''for being a forceful and effective advocate of the UB law school." Tickets will cost $35 per person for graduates of 1990or laterand $50 foreveryone else. Forfurther information, contact Ilene Fleischmann at 645-2107. BPILP announces summer internships The Buffalo Public Interest Project recently announced the six 1995 summer internshiprecipients. Receiving internships were: MarthaEhman(Belgrade Women's Rights/Human Rights), Matthew Fischer (Lawyer's Committee for Civil Rights Under Law), Julia Hall (Women's Law Center, Inc.), Leslie Piatt (Texas Rural Legal Aid, Advocates for Basic Legal Equality), Charlene Tarver(Covenant House, LegalServices Office), and Scan Shannon (Westchester/Putnam Legal Services). Each intern will receive a totalof $2,000 for his or her 10-weeks ofwork. BPILP Director Helen Pundurs said, "while there may be less internsthis year, we'restillhereandstill veryproud of theworkprovided by the interns." Polish law students to visit UB The second halfof UB Law's exchange program with students from Jagiellonian Law School will take place from April 2-11 as 10 Polish law students visitWestern New York. Thefirst halfofthe program tookplace lastfall when 10UB Law students, along withlaw professors IsabelMarcus and Virginia Leary, visitedKrakow, Poland, where they attendedlecturesandreadings and addressed the topic of discrimination against various groups. Since then, participants havekept in touch via E-mail. The joint exchange program is a pilot project for a proposed 10-year exchange program to coincide withtheUN'sDeacadefor Human Rights Education andTolerance. Blood drive turnout disappointing Last Monday's law school blood drive, which took place in the StudentUnion'sSocial Hall, was "disappointing," according to Katie Lee, IL. Lee, who oversaw thedrive onbehalfof Phi AlphaDelta,reported that only 43people showed up, seven short of the drive's goal. She attributedthelow turnout to thedrive not being held inthe law school, thebrief timeavailable for advertising thedrive and studentmisunderstanding about what's involved with giving blood. Another reason students didn'tturn out in large numbers was general reluctance to get stuck with needles. Lee said that less than halfofthe students who showed up were law students and, to herknowledge, none were faculty members. "If this is a public interest law school," she said, "it wasn't exemplified by the blood drive turnout." However, shedid say she was "thankful for thosewho didshow up" andadded that, as oneRed Cross representative told her, "43people is better than none." She toldone story about a second-year student whogavebloodfor the first time and overcame herreluctance to find thatthe procedure was "easy." Lee added that, next year, she hopes to be able to use SBA funds to establishsome sort of reward forthe class that gives the most blood, which she feels will increase turnout. She wouldalso like to have the location returned to the law school, but added that was "unlikely." "Studentshave to realize that there's always a blood shortage and always a needforblood. Donations are how theRed Cross gets itsblood supply," Lee said. "Quote" of the Week "Cuts are never fun, but to have a cut this late in the year is double jeopardy." --Dean Marlene Cook, warning that further cuts could be devastating to UBLaw. THE OPINION SabresV.P. discusses NHL strike by Mike Chase, Asst. FeaturesEditor Gerry Meehan, executive vice president of Sports Operations for theBuffalo Sabres, spoke to lawstudents about his career in sports law and delivered some of the inside scoop about the hockey strike, the Sabres andprofessional sports in gen- pect. Itmakes no sense anyway. It's founded ona principle that was based on a really pastoral outlook onwhat business was likein the 19205. [The exemption] is themain thing thatis keeping thebaseball strike frombe- ing resolved." eral. "My experience withsports and the law as a player, a broadcaster, a lawyer, anda managerhas probably given me the opportunity to experience just about everything a sports lawyer might expect to experience, things they hope never to experience but have to anyway, and some things that are truly enjoyable," said Gerry Meehan, Sabres vicepresident Meehan's viewof thefutureof professional sports as a whole was notsobnght. "Thelaborproblemsin professional sports will never go Meehan. away. It hasbecome so confrontaAbout 35 students packed into tional, with each side at opposite thefifth-floorlounge in O'BrianHall endsofthe spectrum, there's going to to attend theMarch 22 lecture, which a battle on every issue." was sponsored by theBuffaloEnterHow did the hockey strike fitainment and Sports Law Society. nally end? "What really happened The speech was also made possible was that the Players' Association by a grant from Sub-BoardI. Meehan traded offsome otherrights to avoid was veryhappy to open the floor to all a salary cap or a revenue-sharing tax kinds of questionsregarding thepracwhich would lower salaries. They ticeof sports law,being an agent, and gave in on a rookie cap. There's a even specific questions about trades restriction on thearbitration program aroundthe NationalHockey League. so that arbitrators can only make MostofMeehan's lifehas cencomparisons between players that tered on hockey. He started his caare clearly comparable. Mostly, the reer playing professional hockey for deal was resolved because the own14 years. "I finished my career in ers were convinced that if they held 1979 and came to the law school on to the tax proposal, the lockout here. Igraduatedinl9B2andgotajob never wouldhaveended." withtheBuffalo law firm thatrepreWhile thereis a collectivebarsents theSabres. Meanwhile, I took gaining agreement in place in the a jobas a color analyst for the team NHL, Meehan sees big fights beanddid about 40 to 50 gamesa year." tween the playersand owners on the In 1984,he took a position with horizon. theSabres as Assistant GeneralMan"The hockey strikeis over, but ager and Corporate Secretary. He there are a lot of little issues that movedup to General Manager two haven'tbeenresolvedyet. ThePlayears later and held that spot until yers' Association is using this as an 1993. His current position will be opportunity to fight even harder on terminatedin January 1996. these unresolvedissues. I don't see Meehan discussed the init getting any better. I just see it creasedrole ofgovernment andcourts continuing tobe a battle groundfor a in sports law, as well as the great very long time." needfor lawyers in the field. Switching gearsto profession"The area of sports is far more al baseball, Meehan sees much more thana team, a player, and the lawyer foreach. There are tremendous opportunities in sports as it grows in the future and I think all ofyou should look at these opportunities." government involvementdue to the sport's billions in revenues. "The antitrust exemption [that theFederal Government allows for Major League Baseball] is becoming sus- Meehan sees the rise of free agency, the use ofsalary caps andthe lack of revenue sharing in professional sports as developments that will reduce the competitiveness of sports. "Most teams will remain at about .500, but thentherewill be one or two teams who spend so much money because they want to win like the San Francisco 49ers didlast year and the Rangers didinhockey. Butif a team doesn' torcan't spend all that money, there's really no use for them to spendany at all." Meehan finished up withsome practical advice for futuresports lawyers. "The most important role of an agent is to convince the player that there's life after professional sports. There's a great deal of tax planning and investment management that needs tobe done. Sports lawyers are just like lawyers in any other context. Youneed to be an advocate for your client and look out for your client's best interests." The speaker also mentioned thattheNHL was thinking ofstarting a summer internshipprogram to generate interest inworking forthe owners. "They'reupsetthatalltheyoung, brainy lawyers are going to the Players' Association. There's a trend now towards hiring trainedprofessionals in the NHL instead of explayers. I urge you to contact the NHL to see what kind ofexperience you can get." Reaction to Meehan's presentation was general delight. David Fitch, IL, said"he was an excellent speaker. His insight was very real and honest. Everyone enjoyed him tremendously." Entertainmentand SportsLaw Society Treasurer Lynn Wolfgang added"thisis thebest functionwe've had so far. Great turnout, lots of positive feedback, andhehad so many angles on sports law ~ as a player, a lawyer, and an administrator." SBA recognizes Pagan Law Society by Sam Chi, Features Editor At its March 27 meeting, the Student Bar Association voted 11-2-3 to recognize the Pagan Law Society and funded them $200. The debate overPLS's recognition, which at times grew veryheated, revolved around comparisions between the PLS and the Christian Legal Society. Atleast one SBA class director noted that the PLS was formed in reaction to the SBA's recognition of the CLS last fall. Other directors notedthatthe PLS shouldbe recognized because the CLS was recognized. The PLS, which has approximately 30 supporters, is a group devoted to "exploringtheways inwhich pagan culture andspirituality inter- votedagainst the recogniton of the act withthe law," saidgroup contact group because he is against recogperson Martha Ehrman, IL. nizing religious groups because "it SBAPresident Ben Dwyer adcan be sometimes divisive." He vised thatthereshouldbe "a general saidthathealso voted againstrecogwanting" torecognize a group. "It's nizing the CLS. an objective standard, notwhatother ChristineO'Grady, lL,amemgroups have been funded," he said. ber of the group, said that the group First-Year Class Director Tom Trbovich and Second-Year Class Director Sandy Fazili pointed out that the SBA was bound by law to recognize the PLS. First-Year Class Director Gil Michel-Garcia said that he opposed the group's recognition. "I disagree with[this group's]reationary formation to the CLS." "But," he added, "it is a useful way to bring criticism." Garcia explained that he SBA election results, continuedfrompage 1 that, "I want to help out the best I can. I want to make sure things go smoothly and thattheSBA addresses the issues fairly." Like Hamboussi, Thompson saidhe was glad he had competition, that it "made it more interesting." He explained thathehad wanted to run at the start of the race, but his Research and Writing workload pre- vented him from doing so. After he talked to friendsand classmates, he reconsidered and entered the race. Thompson said he "didn't want to stuff boxes" withflyers and didn't have time to do everything he wanted to during the campaign. The newly elected executive officers will officially take officeon Mayl. "was not a reactionary element, but a women's religious group." O'Grady noted that the religion is well established locally. SBA members locked horns about howmuch to fund the group. "We shouldfundthemas much as we funded the CLS," said third-year class director Nancy Stroud. But in the end, budget pressures influenced the SBA to keep the funding level at the minimum$200. Erik Larson, 3L, who is vice president of the CLS, said"Wedon' t oppose theirbeing recognized as long as they meet the requirements other groupshaveto. They have to theright to express their views." "From what I've heard it was formedinresponsetoourgroup. They disapprove of our organization," Larsonsaid. "Butlthinkitmayhave beenformed partly to test the SBA, to see if they recognized us but denied them." �April 3,1995 FEATURES 7 THE OPINION On the job! The Career Development Office studies the careerpaths of class of '94 law graduates By DanielaAlmeida-Quigg, Reporter 1 The Career Development Office hasbeen keeping upto date onÜB' smost recent graduatingclass, theclass of1994, andtheirjob search. AudreyKoscielniak, director of the CDO, has been steadily compiling all the data, and while she says they are not quite done, they have a pretty good ideaofthe class of'94s legal lifestyle. The CDO study focuses on people who havejobs or are obtaining advanced degrees, whichcomprises about 85 percent ofthe class. "Almost 15 percent of the class have [passed the] bar and are actively seeking work," says Koscielniak. She says the reason there appears to be such a large number of people looking for work is that most students passed thebar. There is also a small groupofstudentsthat hasn't taken the bar, didn't pass or is not presently seeking work. Anotherfactor to takeinto consideration is that some of the graduates who are workinghave not passed the bar. "A few employers will hire the students before they have bar passage, and that is not reflected in the statistics," Koscielniak said. JobClassification The CDO studyclassified the graduates'work byprivatepractice, business andindustry,publicinterest, government, judicial clerkships, military and academic. Private practice continues to be the predominant market with51 percent ofthe graduates in that area. "Whilethis is the largest practice area," explains Koscielniak, "this is probably the low- est private practice percentage in a few years. Normally thenumbers are closer to 55 to 58 percent." Business and industry is the second-leading job preference with 14.5 percent. While Buffalo students seem to focus theirenergy on public interest law related classes and clubs, only 6 percent ofthestudentshave goneinto traditional "public interest" work. Koscielniak affirms that this group percentage has never gone higher than lOpercent. "But, it really depends on how you define Beadle 'public interest,'" Koscielniak clarified. "Public interest in this study is a verynarrow area. I wouldalso consider government-related work to be in the by public interest and that is another 11 percent of the class bringing it up to 17 Pet r Graph percent of theclass that is in essentially the public interest field." The lesspopular areas are the military with 1.6 percent and judicial clerkships with 6 percent. "These are verytypical numbers,"Koscielniak said. The area that has grown most significantly is the academic arena with 9.1 percent. "These are students who are pursuingadvancedlawstudy, oradvanced non-law study,finishing offtheirMBA's or PhD's," Koscielniak said. percent respectively. Nationally, the GeographicallyLocated A full 41 percent ofthe 1994graduates have opted to remain in Buffalo. Salary The only big news is theincrease in salaries at very small firms. "For many years, ithas beensort oflocked at$25,000 for first-year associates," says Koscielniak. She says shehas startedto see salaries quickly moving up to the range of $26,000 to $30,000. Koscielniak said that this is a little higher than other years. "We just can't get them to shuffle out ofBuffalo," she joked. Rochesterand New York City are the next two choices with 10 and 11 Mid-Atlantic region (which includes NewYork state) is the easy favorite with 81.7 percent of the class claiming it as their home. "Our students aren't all so close to home, however," Koscielniak says. Several graduates have settled in Alaska, Washingtonand Montana. Two graduates arealso workingabroad; one is teaching English inKorea, and theother is with an internationallaw firm inSaiPan, a small island in the South Pacific. .. . Koscielniak wants all current students to be aware that the job search this summer will be a little different than past years, so itis importantforall firstand second-years to make sure they are on the summer mailing list and "on the ball." Among the changes, withclasses starting Sept. 11, the interviewing process will be different than this year. "The late start in the academic year requires us to do the off-campus interview program before school starts on Sept. 7. There is also a minorityjob fair that is scheduledforSept. 8,"Koscielniak warns. She expressed concernedabout students relying on receiving summer CDO newsletters through bulk mail, warning that summer mailings are essential to findingjobs. Sheaddedthatit's worth i ttopay the extra money to receive them first-class. OJ. TrialRoundtable Discussion, part 2 O.J. Trial: Lawyers and law professors analyze witnesses byJosephßroadbent, NewsEditor Thisweek, thefour membersof our roundtable (now with Paul Birzon) addressed the testimony of two key witnesses. Issue #1: Rosa Lopez After spending two days examining Rosa Lopez to determine if she was, in fact, planning to leave the country, Rosa Lopez testified on videotape, although hertestimony cannot be shown to thejury until the defense puts on its case. Dr. £wmgsaidLopez's testimony "wasn't as bad as some people thought. She's very easily confusedand upset and isn'tused to thatkindof setting." Ewing said Lopez "has problems withher testimony, butwecan'twriteheroff andsay the jury won't believe her." He added that "even ifthej ury doesn't believe her, thatdoesn't meanthey'll findOJ. guilty." Asked whether the defense will use the testimony in its case, Ewing said, "the defense will conduct acost-benefit analysis they may not gain anythingby using it, butwhat will it cost them? Idon't think it will cost them anything; she maintainedtheessential truthofher story, that she saw the Bronco." - EwingsaidtheaudiotapeofLopez's interviewwiththe defense'sprivate investigator "couldmake a strong case she was led on, but any tape of a police interrogation would yield the same thing." FEATURES Mr. Birzon regards Lopez as "a crediblewitness"and said that "thejury canrelate to and understandherbeing the focus of attention." He said that there was no seriousintrusion on hercredibility" and that"any inconsistencies in her testimony will beattributed to nervousness and media attention." Askedwhether the defense will use the videotaped testimony, he said, "I think they'll useit, depending on how therest oftheprosecu- tion's case goes," adding that he would use the testimony despite the problems withthe audiotaped interview. Prof. Carr saidLopez'stestimony "is going to bea problem for thedefense becauseldon'tthink she'sgoingtocome off as a very credible witness." The probl emsare "without regard to whether or not the defense can sell thejury onthe notionthatwhatappears to bea credibility gap is really a cultural misunderstanding." He saidher credibility came through as "weak", but that it might not be fair to judge her credibility by the same way Americanwitnesses arejudged. He said thedefense has "the added problem ofwhat happens if they decide to play the tape and the judge instructs thejury about thedefense'sfailureto turn over the audiotape." As far as whether the defense will use the testimony, he saidthat "ifthey don'thave to useit, they won't, but, if they feel pressed, andI think they'restaring to feel pressed, they will." Mr. Connors saidLopez "self destructed" on thestand. He said she "was touted by the defense as a lynchpin witness which may come back to haunt them." Connors said the prosecution "didn't establish she intentionally lied, buther ability to perceive and narrate are now suspect," adding that "Johnnie Cochranmay regret his emphasis during his opening on her role in the case." As far as whether the defense will use her testimony, hesaid, "Idon'tbelievethey'll use it because of her credibility problems. There were a number ofinconsistencies, but there was particular trouble when, onre-direct, shesaid 'no means I don't remember.'" Issue #2: MarkFuhrman After monthsof allegations thathe was a racist and that he planted the bloody glove, Mark Fuhrman tookthe stand and underwent nearly a week of cross-examinationby F. Lee Bailey. put back on the stand later, saying that called Fuhrman "a smooth "the defense got what they wanted out of Ewing who well. found witness" held up He him and hurt his credibility; there's no some ofhis testimony "incredible." "I need to bring him back." don'tfindhim credible," he said, adding Carr said he"didn't find him credthat "after watching his testimony, I'm iblebecause ofmuch ofmy background. not persuaded he didn'tplant the glove." My experience prosecuting police officers for years has left me with the belief, RegardingBailey's cross-examinaa of or wrong, that police officers will said he did job right tion, Ewing good do anythingfor whatthey think Fuhrman to himselfinto a frequently getting "paint are that be good corner" by saying could easily motives... These guys will do as he never met whatever they think in most cases they such that disproved Kathleen Bell or used theword 'nigger' can get away with." Nevertheless, he in 10 years. He said Bailey "poked said Fuhrman held up well "as far as our enough holes to dodamage to Fuhrman's expectations were concerned." Carr called Bailey's cross-examicredibility, despite the fact that he was nation thejudge'srulingon "disappointing" because it didn't unduly hamstrungby the scope of the allowablecross-examiget to some ofthe thingspeople hadbeen nation." However, even if Fuhrman expecting. "Because the prosecution planted the glove, "that doesn't mean knew what was coming, itdidalotofwork O.J. 's innocent; he could'vemerely wantpreparing himfor his time on the stand," ed to enhancehis ownrole in the case." and as aresult, "he didn'tcome off as the Finally, he believes the defense will retype ofcharacter we expected." Despite call Fuhrman afterBell and Max Cordoba that, he believes the defense can still testify for the defense. argue the likelihood that "evidence was Birzon said, "this is someone I planted" which he said "is still plausiwouldn't believe if he put his hand on a ble," although it will "need more than stackofBibles." He describedFuhrman abstract arguments." as a "professional witness who was as Connors said Fuhrman "kept his cold as a codfish (almost robot-like)." cool and his demeanor was flawless." According to Birzon, whathurtFuhrman's Whilehe wasn't"destroyedby bias, prejcredibility most ofall was his statement udice or inconsistencies, his credibility thathehadn'tused the word'nigger'in 10 may be hurt through later testimony." He criticized Bailey's cross-examyears, whichBirzon said was contrary to the "horrible reputation of the LAPD's ination, saying thatBailey hadled people attitude towards minorities. Once the to anticipate a "full-scale onslaught, jury knows he lied, it couldcontaminate which never materialized." He analothe rest of the testimony and give the gized cross-examinationto bull fighting, defense the opportunity to argue its thesaying that"you don'twaiveared flag in front of a bull without a sword behind it; ory that he planted the glove.'" Birzon saidFuhrman "didn'thold Bailey waivedhisred flag but didn'thave upwell atall, not so muchbecause of the a sword toback it up." Connors said"the cross-examination, but because of the jury knew i t was a prize fight and looked way he testified to a layperson, his to see who won. Fuhrman won." demeanormakes it impossible for him to Thelast installmentoftheO.J. Trial bebelieved." He doesn'tbelieve he'llbe Roundtable willappearin the nextissue. - �8 THE OPINION April 3,1995 More than 150 June 1994 Buffalo graduates took * BAR/BRI for the July 1994 New York Bar Exam. PASSED BAR/BRI 'The password at Buffalo Law School* � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Opinion, 1995-04-03 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. The Opinion no. 13 03.04.1995 Date Issued Date of formal issuance (e.g., publication) of the resource. 4/3/1995 Bibliographic Citation A bibliographic reference for the resource. Recommended practice is to include sufficient bibliographic detail to identify the resource as unambiguously as possible. 35 13 Publisher An entity responsible for making the resource available University of Buffalo State University of New York at Buffalo Law School Language A language of the resource eng Type The nature or genre of the resource Newspapers Text Is Part Of A related resource in which the described resource is physically or logically included. LIB-LAW003 Rights Information about rights held in and over the resource <a href="https://rightsstatements.org/page/CNE/1.0/">COPYRIGHT NOT EVALUATED</a>. The copyright and related rights status of this Item has not been evaluated. Please refer to the organization that has made the Item available for more information. You are free to use this Item in any way that is permitted by the copyright and related rights legislation that applies to your use. This digital collection is made available for research and educational purposes. Researchers are responsible for determining copyright status, and securing permissions for use and publication of any material. Copyright for items in this collection may be held by the creators, their heirs, or assigns. Researchers are required to obtain written permission from copyright holders and the University Archives prior to reproducing or publishing materials, including images and quotations. For inquiries about reproduction requests and permissions, please contact the <a href="http://library.buffalo.edu/archives/">University Archives</a>. If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/ed8be9eb1a0d613f822dd08334f8980a.pdf 2c322db6b7df44b78755d424b1aaaa81 PDF Text Text 1995-96SBA GeneralElection Guide Candidacy Statements andEndorsements Inside Brinii'mg theissues to thestudentssince 1949 THE OPINION Volume 35, No. 12 Hamboussi faces by Evan Baranoff, Editor-in-Chief First-year Class Director GeorgeHamboussi,whowas thought to be unopposed in hisbid tobecome the next president of the StudentBar Association, is facing a last-minute write-incampaign by Fernando Leal, 2L. Hamboussi is the only presidential candidate on the ballot and was one of only four people who handedinvalidnominatingpetitions for SBAExecutive Board positions by the deadline, which was 4 p.m. Friday, March 10, at the SBA office. FernandoLeal announcedhiscandidacy March 26. The other three officialcandidatesincludeFirst-year ClassDirector Veronicaßodriguez, Jeremy Toth, 3L, and First-Year Class Director Mercedes Lindao. Rodriguez andToth are com- March 28,1995 STATE UNIVERSITYOF NEW YORKATBUFFALO SCHOOLOF LAW No Contest? write-in candidate SBA president; 2 vie peting for vice-president, while Lindao will run unopposed for treasurer. Peter Thompson, IL, is running as a write-in candidate forparliamentarian/office manager. Although only these four students will be placed on the election ballot, students have the option of staging a write-in campaign for any position. TheSBA GeneralElection for the SBA's executive officers will take place from 9 a.m. to 4 p.m. Wednesday andThursday, March 29 and 30, outside the law library, according to SBAPresidentBen Dwy er. All law students, including graduating seniors, are eligible to vote. According to Article 111, section 3(c) of the SBA Constitution, executive officers are elected by a plurality of the votes cast for each for office, provided that the candidate receives at least one-third of the ballots cast in the race. It further states that if no candidate receives therequired minimumpercentage of votes, the candidateswiththe three highest totalswouldparticipate in a run-off election, provided each such individual received at least 15 percent of the total vote. The Constitution does not state if thereis arequisite numberofvotes neededto be cast in an election for it to be valid. The termfor executiveofficers runs from May 1toApril 30, according to Article 111, section 4(b). The term ofclass directors, pursuant to Article 111, section 4(a), runs "until theirsuccessors are elected or their graduation, whichever is earlier." Law students will also vote for for V.P. slot FreePress Amendmentreferendum to be held tomorrow and Thursday The Free Press Sm<ient Bar AssotiationConstitunoanl Amendment, whichwas passed by the SBA Boardof Directors ou Oct. 11. will he voted on by the student body »n the general election. The amendment wouldprohibit the SBABoard ofDirectors from sanctioning The Opinion and other st udent press organtzanons (i.e.- newsletter, law journa]sandl<rtv#n*',.V)f<>r their content. The amendment mu»t pass by the one student seat on the 10-member University Council. The two students running for the universitywide position are UB undergraduates Andrew Goretsky and Michael freedom." Pierce. Dwyer said the University Council is like a Board ofDirectors for the university and represents the entire university in all areas of academic and student life. NewsAnalysis: Candidates reveal their platforms for SBA executive positions By Steven Dietz, Reporter WithStudentBarAssociation elections one day away, thecandidatesforSBA president, vicepresident and treasurer, both officialand write-in, have kicked their campaigns into full gear. The purpose of this article is to provide an objective analysisofthe candidates'political platforms. The analysis is based primarily on the statements submitted by the candidates and on the interviewsof thecandidateswhich wereconducted by TheOpinion Editorial Board. The interviews and statements give the public a strong indication ofhow thecandidatesviewthe challengesfacing theSBA in the coming year. The following is a summary of what they had to say. President GeorgeHamboussi First-year Class Director GeorgeHamboussi, the only candidate for SBA president that will be listed on the ballot, isbestknown for his efforts to improvesecurity inthebasementofO'BrianHall. Through his efforts, safety mirrorswere installed and an emergency phone was connected. For the coming year, Hamboussi hopes to work with the administration to improve the law school aesthetically, especially thefirst-floor student lounge. Hamboussi would also work to improve the social lifeof the law school. He said that, while academics are the most importantpartof theschool, socialfunctions play an importantrole inbringing thestudentbody together. Not all functions need to be funded by the SBA, and itcould be accomplished simplyby having class directorsschedule informal get togethers and chalk them on the blackboards. Hamboussisaid that, underthe leadership of Ben Dwyer, theSB A hasmade muchprogress over thelast year. Hamboussi wants to build upon that progress by improving theorganization oftheSBA offices andfully briefingSBA class directors on a weekly basis so, whenstudents come to themwith questions, they are able to answer them. On the subject of fiscal responsibility, Hamboussi said that he would take a close look at the lecture line to make sure thatspeakers are not brought in from great distances and compensated for airfare ajid lodging if suitable speakers are available locally. Hamboussi said he promises to communicate both with thestudentbody and theadministrationand to expand both theeducational and social activities at thelaw school. FernandoLeal Fernando Leal, 2L, is running as a write-in candidate. He says he is running to give the students a choice and to address theissues hefeels are not being addressed by the othercandidates. Leal is currently treasurer of the Phi Alpha Delta Law Fraternity. As an undergraduate at Fordham University,Leal wasfounderand chapter president of Delta Kappa Epsilon and, as such, initiatedseveralsocialserviceprojects such as Give a Child aChristmas, Coatsfor theHomeless, Toys for Tots, a magic show for children at St.Luke's Hospital, and fundraisers for theAmericanCancer Society and victimsofHurricane Hugo. Leal was also a member of the College Council and the UnitedStudent GovernmentalFordham. Leal is concerned about the effects of the proposed statebudget cuts toSUNY and he wants to organize a campus-wide fundraising campaign to benefit the university's budget, or a smaller campaign tooffset the cuts to thelaw schoolbudget. Leal also proposes a permanent opinion box outside theSBA office to makeiteasierforstudents to express their opinionsand concerns tothe SBA, especially at times when the office is closed. Leal would alsolookinto ways toexpedite the exitof the Economics Department from O'Brian Hall, and doing something about the $50 nonrefundable graduation gown fee, which he feels is unwarranted sincethe gownshave tobe given back. He would also study the feasibility of having a nurse on campus. VicePresident Veronica Rodriguez Veronica Rodriguez, IL, is currently an SBA class director. She helped organize an SBAsponsored letter writingcampaign protesting the budget cuts and draftedthemodelletterused in the campaign. She was also incharge of planning and organizing the Barristers' Ball this spring, the first such event in 40 years, according to Rodriguez. Rodriguezsaid these accomplishmentsdemonstrate thatshe has the ability to get things done. Shesaid thatshe would not stay in theshadows as vice-president, but would take an active role in assisting thepresident. Rodriguez stressed the importance offiscal responsibility and stated that, before voting to disperse funds inthe past year, she inquiredabout the state of the SBA budget and how much the organization couldafford. Asked whatpriorities shewould use in disbursing funds, Rodriguezsaid she was impressed by the approach taken by LATIS, in that it was very well prepared both in its presentation to the SBAand the memorandum it submitted in support of recognition and funding. Rodriguez saidshe would work next yearto make improvements to the student lounge and work with theCareer Development Office to increase jobopportunities available to law students. Rodriguez also said she would fight the feeling of apathy and disillusionmentamong the law students, in part by hosting mixers withother graduate schools and other social functions. Jeremy Toth JeremyToth, 2L, isalso vying forSBAvice president. While an undergraduate, Tolh was a memberof theexecutiveboardofhis campusradio station. Toth saidthathe's running because hefelt a strong allegience to the law school for all its problems. He wantedto beSBA Vice-President in order togivesomething back to theschool. He said studentshavean obligation totheschool todowhat they can to improve theschool. Toth emphasized the importance of fiscal responsibility. Toth said that, while he was impressed with the performance of the SBA as a whole, fiscal responsibility was a weak point. He saidhe was disconcerted thatthe SB Adipped below its emergencyfund thisyear. Toth wouldwork with the treasurerand class directors to insure fiscal planning for the whole year,rather than allocating funds on a piecemeal basis. He said that the lack ofyear- round fiscal planning led to students having to pay for commencement tickets thisyear and the Students of Color Recognition Dinner getting lessfunds than what theythought they would get at thebeginning of the school year. Toth would also have the SBA improve commencementplanning by appointing a committee of third-years in thefall for thatpurpose. Toth also endorsed theFree Press Amendment, whichwouldprevent theSBAfrom abriging theright of free press of any studentpublication covering news of interest to the law school. Hesaid that the most important functionsfor the SBA, aside from fiscal responsibility, are to assist student groups in achieving their goals, to mediatebetween studentgroups and the administration and to listen to and resolve student complaints. Treasurer MercedesLindao Mercedes Lindao, IL, is running unopposed for SBAtreasurer. Shewas unable toparticipate in The Opinion's interview session; consequently, thefollowing is adapted fromthewritten statement shesubmitted. Lindao is currently an SBA class director. From 1987 to 1990, she worked as a financial analyst for a real estate management company responsible for severalcondominium complexes and cooperatives. Her duties included the daily acccountingofincomeand expenses, aswell as the preparation of monthly financial statements and yearly budgets. From 1990 to present, she has managed a small business in Hackensack, N.J. Lindao said that, in the past year, the SBA arbitrarily allocatedfunds tocertain student groups for speakers that were not anticipated. Later in theyear,otherorganizations requested additional funds, andfunds were promised from unspent groupfunds. This causeda problem when organizationsapproached theSBAafterwards with emergency needs, which the SBA was unable to meet. Lindao promised that the needs of all the student organizations would be met equally. Parliamentarian There is no official candidate for SBA parlimentarian. However, Peter Thompson, IL, is running as a write-in candidates for SBA parliamentarian. Thompson neithersubmitteda written statement nor interviewed withThe Opinion. The Opinion was not aware of any other write-in candidatesfor parliamentarian oranyother position at press time yesterday. �2 March 28, 1995 OP/ED THE OPINION 1995-96 SBA Executive Board Candidacy Statements | Candidates for SBA President George Hamboussi, 1L This past year has really beenincrediblefor me. Before we all start law school we all have ideasabout what it will be like. Unfortunately, many of thenotions that we have are a littlefar fetched, more importantly I know that law school will be whatever we make ofit. As students, wehave certainresponsibilities thatwemustaccomplish. When considering going to law school at Buffalo, the school makes many promises through its recruiting process. Once we arrive, many students feel that the promises are not carried out and itis the jobof the SBA to workwiththe administration and address the concerns students may have. This years' Student Bar Association has done a goodjob in solving many ofthe problems that students have been concerned about, as president, I will continueand expand on the communicationthatthe SBA has with the student body and as well as the relationship between the SBA and the administration. I am running forpresident because I hope to improve theattitude that some students,havei about the law school. I hope to expand the educational as well as social activities that SBA organizations have. This in return will heighten theadministration's awareness and in return may push them to improve the conditionsthat we are all concerned about. In speaking to the administration, they have shownenthusiasmand desire to cooperate withthe SBA, all they ask in return is that we communicate what our concerns are. If elected I can ensure that the administration will have someone to work with and the jobwill get done. I think that a presidential candidateshouldbe someone whois familiar withthe issues of thelaw school, someone who has a foundation before they are electedinto office. I hope that my record of gettingthings done will speakfor itself. I am dedicatedto the student body as well as to theschool and will be more than happy to work withyou and listen toyour concerns inorder to address them at meetings. Please make the right choice in electing a student president and vote for GEORGE J. HamBOUSSI JR. Iwill not let you down. SBA General Election to be held Tomorrow and Thursday March 29 and 30 from 9 a.m. to 4 p.m. outside the law library Fernando Leal, 2L (write-in) WE DESERVE A CHOICE is the motto ofmy campaign, I am Fernando Leal andI am running as a write-incandidatefor SBA President. I have decided to run becausethere are many issues thatwill face the SBAin the upcoming year, and much to my dismay none oftheseissues have been addressed by theother candidate. The SBA is ripe to make an impact because of a stableand solidyear. The SBA underBen Dwyer's leadership was able to acquire thefollowing results withsome pressure andsome co-operation with theadministration, faculty, and student body. The results were: most of our grades were posted by the deadline, the Barrister Ball was revived, and the SBA was more accessible than in the past. These were just some of the accomplishments of theSBA this year, but there is still a wealth ofideasand issues that need to be addressed. In the following paragraphs I will address a few of these problems and some possible solutions. .•■ In what seems to beeminentctrtstoour>school>'s budget by shortsight politicians, theSBA should be looking at ways to ameliorate the impact of these cuts. One way couldbe by having a university widefund raiser. The SBA inconjunction with all theother student organizations and governments shouldestablish a fundraiser witha goal of"X" amount of dollars to be raised overa period of a month; themoney raised will then beadded to the university's budget. The result is the budget will be augmented, hence, making the fiscal cuts less harsh on thelaw school as well as the rest of the university. In the alternative, if no one wants to participate, then we can have our own fund raiser of which the money will go only for the law school budget. TheSBA shouldhave apermanent opinion box outside the office. The reason is to make it easier for the students to give the SBA suggestions, opinionsand ideas. This will allow for a freedom of ideas and exchanges between the SBA and the students. The very name of the organizationbegets thisidea ~ Student BarAssociation, which means that everyone has a vested stake in the organization not just does thatare elected. The opinion box will allow thestudents to express their views evenif no one is inthe officewhen they come by witha concern. Another area thatthe SBA should be looking intois thereputation ofour law schooloutside ofWestern New York. This is an area that effects everyone equally, because we are all looking for employment. Some initiatives have taken place, for example, our improved Research and Writing course and the instituting ofthe new curriculum, butwe cannot stop there. One way to improve our reputation is by establishing our identity as a law school; a major step taken was expelling theeconomics department,albeit on paper, from our building. It appears to me that whatshouldhavebeen a fairlyquick transitionis taking far to long,in such a caseit isthe SBA's duty to its constituents to apply the necessary pressure to effectuate the transition, so that our new curriculum couldbeimplemented correctly. This will increase our reputation because we will produce better attorney's, and this is the best way to make employers notice our students andfuture graduates. Other issues thatthe SBA should lookinto are: the fifty dollar non-refundable deposit on our graduate gown which we have to giveback after the ceremony, the feasibility of having a nurse on campus, and whatever otherideas and suggestions you have to offer. Some ofyou are reading this statement thinking to yourself theseare good ideas, but why shouldwe vote forhim? What experience does hehave withrunning an organization? The reason youshould vote for me is I wil 1provide a fresh, new perspective to theSBA. No, I havenot been a part of SBA, but I haveextensive experience inrunning organizations. As an undergraduate at Fordham University, I was founderand chapterpresident for threeyears ofmy fraternity Delta Kappa Epsilon, at which time I initiatedseveral service projects which are still on going,they are: Give a Child a Christmas, Coats for the Homeless, Toys for Tots, Provided a magic show for diseasedchildren at St. Luke's Hospital, fundraiser forthe Cancer Society, and a fundraiser for the victimsofHurricane Hugo. I was a memberof the College Council which was a ruling body comprised ofstudentsand faculty whosejob was toestablish school policy, and a member of theUnitedStudent Government which was arulingbody comprised ofelected studentswhose function was to voice thestudent's concerns. As a member I sponsored the acceptance of four new clubs, and helped three other clubs organize and petition for acceptance. I was also Commentary Editor of theschoolnewspaper andwon the Student Leadership Award. At present, I am a member and treasurer of Phi Alpha Delta Law Fraternity. Unlike theother candidatewhohas run a covert campaign and probably will run the SBA the in same fashion, if electedpresident, just like my campaign, I will have a policy ofopen and forth right discussion of theissues and I will encourage the students, as I am now, to voice all of there concerns. We need a president that has solid experience, fresh perspective, and will be a decisive leader I believe I am such a person. . . — �March 28, 1995 OP/ED THE OPINION 1995-96 SBA Executive Board Candidacy Statements Candidates for SBA Vice President Veronica Rodriguez, 1L Jeremy Toth, 2L There are several questions everyone asks you when you decide to run for an SBAposition. Being an elected SBA official is a seriousresponsibility. It takes more than simply having one's own opinion about an issue(i.e. A Political Platform). It takes more thanjust being able Here they are: Why do you want to be on SBA ? My first reason is that I have a fierce sense of loyalty to to articulate your philosophical ideals. Being an SBA official demands an ability to get things this school. With allofits problems and shortcomings,I really am very happy tobe hereandam done. It is a job. One which deserves a high level ofcommitment. Thestudent body deserves to be represented by officials who areresponsive to theirneeds also very optimistic about thefuture. I think most people feel that once they graduate theschool and wants. Students deserve to have dynamic, dedicated, and interested leaders. Leaders who becomes irrelevant. This is amistake. If in ten years this schoolis below average thenofcourse have the ability tobring students together, the ability to negotiate problems effectively and fairly, it will reflect poorly on everyone who graduated from it regardless of when they graduated. On and the ability to get the job done. I possess these qualities andthis is whyI havechosen to run the other hand, ifthis school is top twenty in ten years we will allbenefit. I think each student has an obligation to the school, fellow studentsandalumni to improve theschool. Most of my for Vice-President of the Student Bar Association. this committed the needs and of cynical friends will be laughing right about now, butI really believe that we all owesomething As a class director year, I wants myself toresponding to to this university. Becoming the SBA vicepresident is my way ofattempting to give something my fellow colleagues. There was a desire for a semi-formalaffair. I responded by taking.the, this.desijreintoa Theresult was the first Bell this school backto the school. reality./ lead and turning Barrister's 40 There were student concerns aboutSUNY Why not President? Everyone asks me this question and I don't really understandwhy, has had in about years. budget cuts. I helped in to the letter writing campaign by drafting a form letter Governor Pataki for students to use. though I guess its flattering. I was going to run for president until I found out that George was Throughout theyear students had various concerns and I endeavored to address them at SBA running. I really don'tknow him but I know ofhim and he seems like a really good guy. He will meetings. Students expressed concerns about howmuch of theirmoney was being spent, and probably do a better jobat President than I couldand he deserves the job. What doyouthink thefunctionsofthe SBAshouldbe ? First, let me say thatI thinkthatBen as aresult, before votingto dispense funds, I tooktheconservative approachby first learning what SBA much wexouldafford that fiscal and Les and the rest of the active SBA did an excellent job this year. It was not untilI found out responsibility the to spend. Ibelieve budget was and how is of the utmostimportance, and as a government body we shouldbeable tobudget intelligently the neither Ben nor Les was running that I decided to run for a position. The most importantroleoftheSßAis fiscal responsibility. TheSBA is given a huge chunk and effectively. Many studentsI have spoken to have commentedabout howdisillusionedthey have become in SBA because of negative events thathave occurred in the past. This level of of the student's money and has to be careful withhow those funds are allocated. All money apathy is quite disconcerting. During my term as a class director, Ihave strived to help change allocations have to be very carefully considered so that when late spring comes funds are still this by generating positive events and actingresponsibly in my decision-making capacity. I want available for groups and emergencies. WhileIdo believe the SBA did a spectacular job, I was a little concerned that the funds dipped below the emergencycushion. I will try not to let this to continue in these endeavors as Vice-President. As Vice-President, one focal point will be to address theserious concern among students happen. fromall years withJOBS. Undoubtedly, thejob market is tight, andresources are limited. I would Another important function, perhaps as important, is catering to theneeds ofstudent groups like SBA to work withthe Career Development officeand otherstudent groups to help increase equally and fairly. The SBAhas an affirmative duty to fosterall ofthestudent groupsand to help thenumber ofjob opportunities available to UBLaw students. I am also interestedinimproving them operate. This is not simply allocating fundsbutalso helping the groups in any manner the the quality oflife here at UB by maintaining the Barrister'sBall as a tradition, refurbishing the organization may request. I feel very strongly that the diversity and quality of student student lounge, and hostingotherfunctions that will fosterschool spirit. I wouldlike to help make organizations reflects directly on the quality of thelaw school educationBuffalo has to offer. UB Law a place where students are happy, well adjusted, and productive. Finally, I feel the SBA is the institution for voicing student complaints. This years SBA handled a numberofcontroversies and, while I do not necessarily agree withthe outcomes of those controversies, I think ineachinstance theSBAreacted appropriately and professionally. TheSBA is not a body thatshouldbe usedfor private ideological goals. TheSBA must, to best ofits ability, represent thestudent body and, therefore, must respond to all student complaints. Itis necessarily theforum for airing these complaints and must be run by people whounderstand this role and who are respectful and tolerant ofevery student's viewpoint. I hope everyone votes. We need a quorum to amend the constitution and the Free Press Amendment must be passed. Candidate for SBA Treasurer Mercedes Lindao, 1L I havebeenactively involvedintheStudent Bar Associationsince September 1994.1 am currentlyrunning for the treasurer position effective May 1,1995 to May 1,1996. The experience will not be new to me. From 1987 to 1990,1 was fortunate to work in a real estate management company as a financial analyst for several condominium complexes and cooperatives. My obligations consisted of daily accounting of income and expenses. My responsibilities extended to monthly financial statements and yearly budgets. The totalfinancial portfolio was three million dollars a year. Since 19901have managed and operated a small business in Hackensack, New Jersey. I have experience innegotiations with attorneys, city inspectors, contractors, sales person, insurance agents and vendors. Within thepast year I haveassistedthe current treasurer in organizing and filing financial reports. I havebecomefamiliar with the distributionof fundsand theneeds of thedifferent organizations. Funds havebeen arbitrarily given to organizations who did not budget unexpectedspeakers. Because ofthese unbudgetediterns, some organizations have requested additional fundsand receivedeither partial or theentire amounts requested. However, other organizations were not able to enjoy the same benefits. The needs of all the organizations should be addressed equally. As treasurer for theLaw School, I will extend my experiences and dothebest I can to fairly represent the student body. Kindly Vote for MercedesLindao on March 29thand 30th. 3 �EDITORIAL THE OPINION 4 ..Volume . 35, .. No. 12 ._ NT Foundedl949 Evan C. Baranoff Editor-in-Chief March 28,1995 IOOC March,OQ 28,1995 KM Peter G.Zummo Managing Editor EDITORIAL: Endorsements for SBA Executives SBA President: Tie The consensus of theBoard is that George Hamboussi shouldn't takeFernando Leal's write-in campaign lightly. We were impressed enough withLeal's ideas and initiative to question whetherHamboussi is the only person for the job of SBA president. GeorgeHamboussi Hamboussi, the only candidatethat will be placed on the ballot, has a strong record of listening to student concerns and following through on his campaign promises. For example, Hamboussi relentlessly pressured the administration to improve the conditions ofO'Brian Hall's basement and shouldbe credited withthe significant improvements that were done. Hamboussi's accessibility and dedication to the students cannot be questioned. Hamboussi saidhe wants to continue many of the positive things theSBA has donethis year. He said he wants to continue with the Community Day and Barristers' Ball, and also wants to continueto pressure the faculty to get their grades in on time. He also saidhe wanted to follow through withrenovating thestudentlounge. However, Hamboussi did not state what new issues needed to beaddressed. The Board was concerned with his vague agenda for the future and his prioritizing of social events. Hamboussi saidhe wants to improve "theattitude about theschool" and make sure that the administration keeps its promises to the students. While these seem like noble goals, Hamboussicitedfew specifics to explainwhatpromisesweren't kept or how he would improve the school's attitude. Hamboussi's focus was on increasing the amount of"social gatherings" inorder to foster community spirit. He described these social gatherings as informal get-togethers, like the ones thatfirst-years had at the beginning of the year. Whilehe said theSBA would not fund these gatherings but merely encourage them, we find this priority of his to be misplaced. While informal large gatherings are probably a good idea for thefirst weeks of the new semester for incoming students, we question their long term value. Students find their own circle and begin to form friendships that will last, in some cases, for a lifetime. Also, as the semester progresses, students face heavier workloads causing them to lose interest in social events (which is probably a goodidea iftheywant topass Research& Writing and Con Law). While we are all for fostering a sense of community, we question Hamboussi's emphasis on SBA sponsored social events (i.e.-boozefests). Hamboussiwouldhavebeenbetter off defining in concrete terms his plans for next year. While the fact that he was running unopposed until a few days ago may have affectedhis campaign strategy, this is no excuse for lacking a clear agenda for the future. Nevertheless, Hamboussi didoffer some suggestions on how to improve how theSBA can better relate to the students. He said that SBA directors shouldbe better trained on the resources and servicesavailable in theSBA office. He stated thatdirectorsshouldknow the location of vital information in theoffice andbe able to assist studentswiththeirneeds. We agree withthis approach to student services and encourage its implementation. In sum, Hamboussi is a proven advocatefor student concerns and we remain confident in his ability to read thestudent pulse likehe has accurately done in the past. Hamboussi has always been open and accessible in our dealings with him two qualities that signify an excellent studentrepresentative. If elected, we hope Hamboussi recognizes thathis role as student advocate would be his primary responsibility, whichwould include ensuring that students' voices are heard concerning commencement and the implementation of theNew Curriculum, among other issues. — Fernando Leal The Opinionfirst learnedof second-year law student FernandoLeal's write-in candidacy on Sunday, through a phone call from Leal's campaign manager. That person argued that it wouldbe unfair to denyLeal an interview solely because he was not an "official" candidate, but a write-in candidate. We agreed. STAFF Business Manager: Lisa C. Nasiak Production Manager Peter W. Beadle NewsEditor: JosephL. Broadbent Features Editor: Sam Chi Photography Editor: John W. Gasper ArtDirector: LenOpanashuk Assistant edilors:News:John Fedctice; Editorial: DavidZammiello; Features: FloraChanand Mike Chase; Photo: Molly Kocialski; Graphics: David Leone; Business: Eric Dawson. Stabilizing: We'lllelyou know Destabilizing:Uwsuilsandmorningsickness The Opinionisanon- profit,independent.student-ownedandrun publicationfunded by theSßAfrom studentlawfees. TheOpinion. SUN YAI BuffaloAmhcrstOimpus, 724 JohnLocdO'BnanHall, Buffalo.New York 14260 (716)645-2147. The Opinion is published every twoweeks durinc the FallandSpringsemesters. It is thestudent ncwspaperoftheStateUniversity ofNew York alßuffaloSchool of Law. Copyright 1995byThe Opinion.SßA Anyreproductionof materialsherein isstrictlvprohibited without theexpress consentofthe Editors. Submissiondeadlinesforletters to theeditorand Perspectivesaresp.m.on the Fridayprecedingpublication. Advertising deadlines arc6p.m. on theFriday precedingpublication. SubmissionsmayeitherbesenttoTheOpinionat theabove notedaddress, dropped offunderThe Opinion office door(room 724 O'Brian Hall),or placed inBox#loor #280on thethirdfloorofO'Brian Hall. All copymustbe typcd.douWcd-spaced,andsubmittedon paperand on acomputer disk(IBM- WordPerfect). Letters are best whenwrittenasapartofadialogueandmustbe nomore than twopages double-spaced.Perspectives are generallyopinionarticlesconcemingtopicsofinteresuothelawschoolcommunity and must benomorc thanfourpagcsduublc-spaccd.The Opinion readsandappreciatesevery Icltcrand Perspectivewereceive: wereservc Ihcriyht to editany andallsubmissions forspaceasnecessary andalsoforlibckjus content. TheOpinion will notpublishunsignedsubmissions. Wcwillreturn your disksto your campus mailboxortoaprivalcmailbox ifasclf-addrcsscd stampedenvelopeis provided. JJgOjiyiJua.isdedicated toprovide aforum for thefree exchange ofideas. Asa result, the view*c xprcsacdin thisnewspaperarc nrtnccc«Mc^lhn«cnfU*EdrUic»ufSlaffurrhcOniniun. "Congressshallmakenolaw..^mkridtiMttkefreedomofspeech,orofthepress;...n Why we are doing endorsements Toout knowledge, this is thefirst yearThe Opinion Editorial Board has endorsedcandidates for SBA Executive Board This decision was hot taken lightly, rior quickly. Some studentsandseveral candidatesexpressed concern overThe Opinion 'splans to endorse, some evensuggested that it was not properfor us to do so. But, in answer toourcritics,we fee Iitnecessary to briefly explain ourrole, as thestudentpress, incovering the student government. Wehave aresponsibility toTeport Objectively and faifly on the candidates and on the issues ofthe campaign. This is done in our news storiesonthefrontpage; this is not the purpose of this (or any) editorial. In addition to our news coverage, we also provide the studentswith informed opinions about theissues facing them. While a good editorialwill be wellreasoned arid wtl| Consider all sidesof an argument in its analysis, its purpose is to come to a conclusion or express enopinion on the issue, Accordingly, outendorsements areour opinions about thecandidates and should be viewedassuch. Endorsements aremore than simply selectingone candidate overaqother; it is doingananatysjs ofthecandidatesandexposinglheirstrengths andweaknesses. In fact, our endorsement perseshould be less important than our reasoning that lead up to our conclusion. Therefore, students are urged not tostop read ing after learningour endorsements, butread and considerour analysis(in conj unction with our news stories and the candidates' statements) in order to reach their own conclusions. The Editorial Board's endorsements are based on several considerations, including the candidates'experience and past performance, thecandidates'platform, and theBoard's interviews of thecandidates. OnlyBoard members attending theinterview session votedand Board members with any potential conflicts ofinterests abstained. Theßoard jnterviewedfouroftftesixdecJaredcandidatesCPresideni:Georgejlamboussiand write-incandidateFernando Leal; Vice-president: VeronicaRodriguez and JeremyToth) on Sunday, March 26. (Mercedes Lindao, who is runningfor treasurer, was unable to attend an interview. Peter Thompson, whodeclared heis running as a write-infor parliamentarian, declined tobe interviewed.) Ha vingcoveredthe SBAand the various issues affecting the law school, we feelwe arequal ified tocut through thepolitical rhetoric of the candidatesand ask the uuigh. revealing questions to provide adeeper analysis. Becauseofthe lackofaneffectiveCandidatesForum, students may never receive information beyond each candidate'srhetoric We feel thestudent government is far too important to allow thislackofinformation logo unremedied. Hoover, We mustre-emphasize the point thaiourendorseinentsare rnfcabt to assistxJur readers incoming to their judgments and not to replace their judgments. What follows, therefore, is the consensus of the Editorial Board, ft is strictly our opinion, and should be viewed as such. However, whilewewere pleased thatthe presidential race was now contested, we hadlow expectations of the largely unknowncandidate. After hearing his platform, we feel our fears may be for naught; Leal's interesting ideas and demonstratedenthusiasm not only convinced us that he merited an interview, but also that he was a worthypresidential candidate. Leal statedthathe was running to give the students a choice in theelection. He felt, and we agree, that, with one candidaterunning, issues thatneed to beaddressed were not getting aired. Leal said that he wanted to see a legitimate race for president and only this would guarantee a complete discussion of the issues. Leal addressed the tuition increase and what students should be doing to influence the decision making process. Heproposed a fundraising effort directed at alumniand friends ofthe university. While we feel thisideahas merit, Leal's proposals were still intheirembryonicstage. They need to be more fully developed andrefined. Heproposed an opinion box outside theSB A office, wherestudentscouldcommunicatewith theSBA. We feel that this is a good idea as communication is the key to effective leadership; students must have the opportunity to communicate with their representatives. A box where someone can drop off a quick note voicing a concern or addressing a problem is a convenience that will serve the students well. Leal also spoke about the graffitiproblem in the bathrooms and on thedesks. He stated thatthe problem is becoming significant andshouldbe taken seriously. We agree. TheO'Brian physical plant is deterioratingrapidly. Action shouldbetaken now beforeconditionsreally reach the dangerpoint. However, we remain concerned withLeal's lack ofSBA experience. Particularly for SBA president, familiarity with the operations of the SBA and the running of the meetings is vital. The president needs to be able to run an orderly meeting andalso must beable to train theother SBA representatives. While Leal said hehad some experience running meetings as president ofhis undergraduate fraternity, we question whether thisis enough. Overall, Leal's ideas are good, but need more definition. However, the fact that they have beenraised is a service to thestudents. An open andfair debateof the issues isfundamental to thesuccessful functioning of theelectoral process. We support Leal's courage inrunning as a write-in candidate, which is always an uphill battle. nextpagejor endorsementfor vice president �March 28,1995 THEOPINION SBA Vice President: Jeremy Toth While the Board felt both candidates were well qualified for the position, the Board felt the needfor third-yearrepresentation on the SBAExecutive Board andToth's priorities of student advocacy and fiscal responsibility tipped the scale in favor of Jeremy Toth. JeremyToth Second-year law student JeremyToth impressed theBoard withhis solid ideasand clear vision for the SBA. Toth had three maj or points. The first was the need for greater fiscal responsibility. Toth questioned the process that the SBA uses to allocatefunds. He expressed concern over all the "supplementary" allocations at the end of the semester while at the same time not having sufficient funds for the Students ofColorDinner funds that hadbeenpromised to thegrouplast semester. — Toth was also concerned that third-year students are being asked to pay for graduation tickets. He stated that it was irresponsible to fund groups with "emergency funds" while charging students to attend their own commencement reception. Second, Toth wantedthe SBA to lend more support to student groups. He suggested that the SBA could help student groups run more efficiently. We agree. The SBA couldbetter help promote group events. Thiswould force groups to organize earlierandshould lead to increased attendance at group events. We are confidentthatToth would explore theseand otherideas on how to promote efficiency. Third, Tothfeels thattheSBA shouldbe thepoint ofinteractionbetweenstudents, student groups, and the administration. He believes that the SBA must be tolerantand listen to all viewpoints. It should not become a platform for the furtherance of politicalagendas or goals. He said the SBA needs to insure that the administration listens to the concerns of students. We agree with Toth and were impressed with his presentation and his response to our questions. Not only are his priorities in the right place, but we feel Toth's presence on the Executive Board of the SBA will be an asset for two additional reasons. First, we feel it is important for the SBA Executive Board to contain third-year representation, especially inlight ofthe controversy surrounding this year's commencement; Toth is the onlysecond-year that will beplaced on theballot. (While we do not wish to say that only thirdyears can represent third years, or thatthere must be a "class" representative on the Board, we do believe that it is vital that all students feel that their interests are being looked after and represented.) Second, Toth is not currently on the SBA and we feel that someone new, without preconceived notions or ideas, would be an asset to the SBA's Executive Board. Whereas inexperience is a stark liability forSBA president, it is not a fatal flaw in the vice-president. The vice-presidency could be effectively filled by someone with Toth's inexperience. The SBA, like most organizations, sometimessuffersfrom a "that's theway we didit last 5 year" mentality. A new member can infuse a fresh perspective to issues and facilitate improvements that are necessary to improve the operation of the SBA; we believe Toth is such aperson. Veronica Rodriguez Like Hamboussi, First-year ClassDirector Veronica Rodriguez was one of the more active student representatives. She organized the Barristers' Ball and played a key role in the letter writingcampaign to fight thebudget cuts. She doeshave a provenrecord of "getting things done." The editorial board was impressed withheroverall professionalism and commitment. She said that, "being on the SBA is a job she takes seriously." Rodriguez seemed primarily concernedwiththelevel ofapathy andschool spirit. She wants foster a sense of unity, by sponsoring more social events. Rodriguez would like to see more to "mixers," not only with law students, but also with the medical school and other professional schools. While most everyonelikes to party, we feel thatthe SBA should not be turned into "party central." We feel her emphasis on parties is misplaced. We were also turnedoff by what we perceived as an unwarrantedattack on current SBA Vice President Les Machado's record. Machado, although not in the limelight, has been an important behind-the-scenes force on theSBA executive board. Nevertheless, Rodriguez offered good ideas. Rodriguez suggested thatthe SBA workwith the Career Development Office to improve their services and get students morejobs. While we are unsure what the SBA could do in this regard, this is a noble goal. Rodriguez also stressed fiscal responsibility. This is an importantgoal and we hope next year's officers follow through on this issue. Overall, Veronica Rodriguez is a competent, qualified candidate with a proven recordwho wouldmake a good officer. The Board preferred Toth's priorities to hers, SBA Treasurer: None First-year Class Director Mercedes Lindao is running unopposed for treasurer. She was unable to attend our interview session on Sunday and, therefore, we feel we cannot offer the studentsany insight into her plans for theSBA. Theeditorial board was encouragedby thefact that she cared enough to submit a candidate statement. We can only hope that fiscal responsibility is a prime concern ofhers. SBA Parliamentarian: None While we are aware of one write-in candidate for parliamentarian, he declined to be interviewed andfailed to even submit a candidate statement. We, therefore, have no information on this race. WE'RE NOT THE BEST BECAUSE WE'RE THE BIGGEST WE'RE THE BIGGEST BECAUSE WE'RE THE BAR REVIEW 800-472-8899 �GenermeReectnfdessimroeandltum PrelSBA AFree March 28, 1995 6 OP/ED THE OPINION Against For To the Editor: This letter is in response to your editorial in the March Bth edition. This editorial was entitled "Vote Yes for Free Press Amendment. We must take exception withyour position. First and foremost, the Opinion is not, "like all newspapers" nor is it, as you seem to imply, an independent newspaper. As your own masthead right below the editorial points out, albeit in very smallprint, the Opinion is a student-ownedand run publication"(the use of the adjective "independent" immediately proceeding this phrase is nonsensical, if it is student owned just what is it independent from?). As such the Opinion's situation vis-a-vis the Student Bar usconcern. is we takeissue Association is not comparableto that oftheNewYorkTimes and theU.S. government. Itis more Adam Easterday and Sandy Fazili claimthatThe Opinion not independent; to those correct to withtheirclaim. Thefact that we are funded does not mean we are or should be subject analogize the Opinion to theStars and Stripes, a publication ofthe U.S. armed forces. "TheFirst here" Given all of this, the SBA while arguably a "state actor" is not in violation of the First whohoi d our purse strings. Opponents who claim Amendment doesn'tapply thefreedom of the Amendment miss thewholepoint ofrunning a newspaper. TheFirst Amendment protects protection offree press if it sanctions the Opinion. The Opinion is subject to SBA to control the by provisions ofthe SBA Constitution which grants the SBA, among other powers press; it makes no distinction on whether the newspaper is independently funded or subject over all otherrecognized and duly approved student organizations and activities." "precedence budgetary approval. case before Section 1(A)). Ofcourse the Opinioncouldargueitisnotastudent (SBAConstitutionArticlelV. currently Perhaps Mr.Easterday and Mr. Fazili are unaware of theRosenberger or but that seems difficult given their admission that they are studentowned theSupreme Court in whichastudent-run, religious publication is suing the UniversityofVirginia organization activity means what and run. based on its decision to refuse funding the publication. If the First Amendment Additionally, theSBA as the duly electedstudent government has as a one ofits duties the Easterday and Fazili say it meaas, thepublication wouldhave no case. The fact thatthe Supreme Court is hearing the case demonstrates the error of Easterday's and Fazili's position. power to "Charter, rescind charters, impose sanctions and provide for regulation of the law Forthoseof us whodo not religiously attend SBA meetings, TheOpinion is the only source student organizations."(See SBAConstitutionArticlelV. Section 1(A)(2))Thus, whetherthis of information as to what the SBA does. Without the FreePress Amendment, we would have Amendment passes, the Opinionas a student organization can stillbe sanctioned, or at least the the threat of sanctions hanging over our heads, which would influence what we report to the possibility for sanctions remains. Finally let us just say for the record, we are not speaking for the SBA but expressing our students. As a result, you wouldbe hurt most of all. The Opinion existsfor thebenefit ofthe students, not the SBA. By passing theFree Press own personal view. We voted to place the amendment on the ballot which is clearly Amendment, you will be insuring thatyou hear thewhole truthandnotwhat passes SBA approval. distinguishable from supporting the Amendment. The voters have theright to choose andl urge If therereally is no danger ofsanctions, why is thereany opposition to the amendment? Passing them to do so, because, as the Opinion correctly noted, a vote by twenty percent of the student the amendment will not give TheOpinion free reign; it merely allows us to print whatyouhave body isrequired tomake any Amendmentofficial. However, we ask them to consider thisissue carefully and not get caught up in the First Amendment rhetoric of the Opinion editorial. The theright to know and we have the duty to tell you. First Amendment doesn'tapply here. One of the issues on this year's election ballot will be the approval of the Free Press Amendment, theproposedamendmenttotheSßAConstitutionwhichwillprohibittheSßAfrom sanctioning The Opinion for its content. The 1983 and 1985SBA administrationssanctionedThe Opinionbyreducing its funding as a punitiveresponse to the newspaper's content. Other administrations have attempted to do so, going so far as to put it to a vote, but were unsuccessful. These past experiences have caused The Opinion Editorial Board AdamEasterday Sareer Fazili SBA Parliamentarian SBA 2L Director SCHOLARSHIP University at Buffalo Law School The law firm of Phillips, Lytle, Hitchcock, Blame & Huber is offering two $2,500 scholarships for the 1995-1996 academic year. One scholarship will be to a second-year student and the other to a third-year student. The purpose of the scholarships is to add diversity to the local Bar by providing financial support to law students in a minority or other group that is traditionally underrepresented and who have expressed an interest in practicing law in Western New York. A person can receive the award for two consecutive years. The selection committee uses the following criteria in awarding the scholarships: PHILLIPS L, I I L. t I 1|I H V- IX. •Membership in a minority or other group that is traditionally underrepresented in the New York legal community of Western •Factors demonstrating especially strong character, experience or ability D L/\ 1 l> t practice law in Western New York after graduation and a commitment to this geographical area •Intent to remain and Qj •Financial need •Academic record If you would like to apply for the 1995-96 scholarship, please submit a letter of interest, together with a current resume, to: I I cD IX I 1 U Dt ■ i q The UB Law School Scholarship Committee c/o Associate Dean Aundra Newell, Chair 312 O'Brian Hall Buffalo, NY 14260 The letter should indicate Jiow you meet the above criteria. By applying for the scholarship, you authorize the selection committee to have access to your law school file and transcript. The deadline for submission of letters is March 31,1995. Finalists will be notified in April that they have been chosen to be interviewed. Interviews will be conducted by membersof the law firm of Phillips, Lytle, Hitchcock, Blame & Huber in April and the scholarships awarded shortly thereafter. /\ 1 I V_/ (7 u'+z _ \ \/ iw/ KIN LI J 7-^/IQQ u^vu �March 28,1995 THEOPINION 7 What The Opinion could look like without the protection of the Free Press Amendment. OPINION llS" All the news that's fit to print Think about it. Vote Yes for a Free Press. �March 28,1995 THEOPINION 8 I Increased My MBE Score 70 Points! \ June 9,19 ' ■ f M SPECIALIST Another PMBR Multistate Success Story! NATIONWIDE TOLL FREE: (800) 523-0777 � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Opinion, 1995-03-28 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. The Opinion no. 12 28.03.1995 Date Issued Date of formal issuance (e.g., publication) of the resource. 3/28/1995 Bibliographic Citation A bibliographic reference for the resource. Recommended practice is to include sufficient bibliographic detail to identify the resource as unambiguously as possible. 35 12 Publisher An entity responsible for making the resource available University of Buffalo State University of New York at Buffalo Law School Language A language of the resource eng Type The nature or genre of the resource Newspapers Text Is Part Of A related resource in which the described resource is physically or logically included. LIB-LAW003 Rights Information about rights held in and over the resource <a href="https://rightsstatements.org/page/CNE/1.0/">COPYRIGHT NOT EVALUATED</a>. The copyright and related rights status of this Item has not been evaluated. Please refer to the organization that has made the Item available for more information. You are free to use this Item in any way that is permitted by the copyright and related rights legislation that applies to your use. This digital collection is made available for research and educational purposes. Researchers are responsible for determining copyright status, and securing permissions for use and publication of any material. Copyright for items in this collection may be held by the creators, their heirs, or assigns. Researchers are required to obtain written permission from copyright holders and the University Archives prior to reproducing or publishing materials, including images and quotations. For inquiries about reproduction requests and permissions, please contact the <a href="http://library.buffalo.edu/archives/">University Archives</a>. If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/a2c83fffb96f661a46a76f5244a00c48.pdf 468a16e45db04c443692b0f6118bcde5 PDF Text Text ■ I I i. . i i..i. .1 .. I .. i........ -J. I ..1.1.W.U.1 tLDI l UKIAJL Why you should vote yesfor theFreePressAmcndmenL See page 4. Clandestine faculty meeting held to discussVacco controversy. See story on page 3. FEATURES Learn yvliatsome UBprofessors and lawyers think ofthe OJ. trial. Story on page 7. Bringing theissues to thestudentssince 1949 THE OPINION Volume 35, No. 11 STATE UNIVERSITY OF NEWYORKAT BUFFALO SCHOOL OF LAW March 8,1995 New Curriculum gets green light Dean says New Curriculum will be implemented inpart nextyear; new schedule unveiled byPeterZummo, Managing Editor Associate Dean Nils Olsen confirmed Monday that the New Curriculum will be implemented this September on three-week course will run from Jan. 15through Feb. 2,1996. The bridge course will combine"substance withskills. It will buildoffof a substantive course, such as property, and schedule. "We willbe implementing two-thirdsof theNewCurriculum next semester," said Olsen. The first-year class, which will beabout the same size as the traditional class and which will be divided into three sections, will receive the new course "Introduction to Law" beginning Sept. 5 and continuing through Sept. 8. Thiscourse will be"an overview of the legal system, exploring issues that cut across the curriculum," Olsen said. First-years will alsoreceive a new "bridge course" in the first three-week block of the spring semester. This intensive focus in more specialized areas." There will be a classroom component and a skills component, with emphasis onwriting, negotiation and problem solving. It will be taught in small sections of 25 to 28 students. The traditionalspring semester courses will commence following the end of the bridge course block. The new curriculum continues the new research and writing curriculum instituted this year. The research and writing courses will be taught in the same format as this year, withfive teachers teaching groups of 25 students. Olsen said he is pleased with the new research and writing format. "It's SBA election timetable set much better than what we used to do, and I think it has been successful." Another new innovation for first-years will bea "reading week." Students will have at least six days before exams begin to prepare themselves for the new experience oflaw school finals. "This is an important innovation for first years," said Olsen. The "one-third"part of theNew Curriculum that will not be introduced is the "Perspectives" course. This segment of the curriculum is "on hold" until class sizes are reduced to a lower level. For the returning upper-class, there will also be some major changes. Fall classes will begin on Sept. 11, instead of SeeNEWCURRICULUMonpageIO Vacco to speak at graduation The Barristers' Ball! Petitions dueFriday; Elections to be held March 29 and 30 byßosannaßerardi, iReporter Despite a heated controversy and protest by several students, New York Attorney Gen- byEvanßaranoff,iEditor-in-Chief Nominating Petitions for Student Bar AssociationExecutiveßoardpositionsaredue 4 p.m. thisFriday, March 10, atthe SBA office, room 101, causing office-seekers to kick their petition drives into full gear. Every law student is eligible to become a candidatefor SBApresident, vice-president, parliamentarian/officemanager, or treasurer, according to Article 111, section 2(b), of the SBA Constitution. Office-seekers need only collect a minimum of 77 valid signatures (which is 10percent ofthe studentbody) to be placed on theballot. TheSBA GeneralElectionfor theSBA's executive officers will take place from 9 a.m. to 4p.m. Wednesday andThursday, March 29 and 30, outside the law library, according to SBAPresidentßenDwyer. All law students, including graduating seniors, are eligible to vote. According to Article 111, section 3(c) of SeeSBAELECTIONonpage6 fore than 250people attendedtheSBA'sBarristers'Ball lastSaturday eveningat the •uffalo Hilton. For more coverage of theBarristers' Ball seepage 9. O'Brian Hall evacuated after bomb threat hyEwnßaratfrff, \Editor-in-Chief Publtt Safety ofticettevacu' ated OBrtan Hall at about H 20 a.m. Tuesday. March 7, after reewvjagaphoae cMabout 4posa- According to Cbarite Scnpp, a Pubbc Safety inve\ug«tor at the scenejanammjmouhftrnalecaller before Sam tnld the tampus, operator IkIngalMlttitabGmbtiutfwaxgomgtQ gootfatB-30am in O'BrianH*U Aftet amviagat thesceoeat tngarourKiß-20.ua Officer* «bet* proceeded to search the building "fromthe topdow&andthebottom up., to look for anything unusual tft outofpiece,"according to Public After a littlemore than a half clear" and people *ere permitted j Jaystddthatborabthreawhappen "a couple times a year.'' He added that this was the first bomb A-: eralDennis C.Vacco will deliver thekeynote address at this year'scommencement ceremonies. TheFeb. 15CommencementCommittee meeting turned into a hostile shouting match over the committee's invitation to Vacco. Students protested the selection when they learned ofVacco's recent decision to remove sexual orientation from a list of classes protected against discrimination in the Attorney General'soffice. Petitions werecirculatedamongthethirdyear class in an attempt to measure the response to Vacco's invitation. Petitions were available atAdmissions andRecords and were supposed to bedistributedamong various thirdyear classes and in front of theLaw Library; instead, the petitions were held at BPILP's table on the first floor. See VACCOonpage3 Death , Penalty becomes law byJosephL. Broadbent,. NewsEditor After late sessions ofboth the Senate and Assembly on Monday night, the New York Legislature passed the billwhich will bringcapital punishment back to New York Statelaterthisyear. Governor Pataki quickly signed thebill into law late Tuesday morning, less than seven hours after thebill was approved. Senator Dale M. Volker, who hasbeen a sponsor ofdeath penalty legislation since he was elected to theSenate in 1977, saidhe was "extremely happy we will now have a sanctionthat should'vebeen in force all along." During debate on the Senate floor, Volker called the bill "a bill that will save lives" and said that "there isn't a [death penalty] bill inthe country that'smoreprotectiveofdefendants thanNew York's bill." Pataki signed the bill into law in front ofvictims' groups, usingpens carried by two New York police officers who were killed in the line of duty. Pataki said that the law "is balanced to safeguard defendants' rights while insuring that our state has a fully credible and enforceable death penalty statute." The Governor added that the law will buttress "deterrence and true justice for . those convictedof violent crimes." Working untilthe late evening on Monday, the Senate approved the bill by a 38-19margin. The Assembly votedat 5:30 a.m. Tuesday morning to approve the bill 94-53. Thefinal bill was agreed to by both houses late last Friday afternoon after a weekof debate by both housesover the bill's language. The Assembly had introduced its own versionlast week, but the two houses eventually agreed on a final version Friday. According to the new law, which will becomeeffective on Sept. SeeDEA THonpage 10 �THEOPINION 2 / // March 8.1995 >v \\ ■ Come and see what i i 11 • everybody s talking f y f ■■■ livery' attorney I've ever met said i must take Picper to pass me ny Bar * ou P* an on a k' n § the New York Bar Exam... \ \ / / M&± Y^ Find out why \fj everyone's talking about PIEPER!!!! -^ Pieper New York-Multistate Bar Review, Ltd. CALL 1-800-635-6569 /"""" ( I just found out that Pieper Bar ) Review gives a free Essay / „. .. „. . , ... I Wnting Workshop!!! fr] { >\ <CA<> /<£'h JM ~) M ) W /f Not only that, Multistage 5? li m ( i *lT /I better send in my $150 \ ..«..»«■ I\ Workshop deposit to receive those great looking Textbooks and Appellate Alert Digest! / J \ ( V —•WL —fii Pieper People Pass!!!! ■ ..,.-... .. ... ~-. �NEWS March 8, 1995 THE OPINION Secret faculty meeting held to discussVacco controversy byJosephL. Broadbent, News Editor Asecret meeting was held at noon Monday in the faculty lounge to discuss the Commencement Committee's invitation to Dennis Vacco to speak at Commencement and the controversy surrounding the issue. Attending the meeting were several faculty members and law school administrators, including Professors Nancy Staudt, Marcus Dubber, Robert Berger, Frank Munger, John Sheffer, Robert Reis, Thomas Headrick, JamesAtleson, and George Hezel, as well as Deans Aundra Newell, Alan Carrel and Nils Olsen. Commencement CommitteememberAlan Rosenthal, SBA President BenDwyer, andseveral members of the LGBLS were also in attendance. The meeting was closed to the general student body. While only onerepresentative from theSBA and the CommencementCommittee were allowed to attend, several LGBLS members were in attendance. At the beginning of the meeting, Olsen informed those attending that they would be discussing the issue of Vacco speaking at Commencement, but didn't go into specifics. Calling the meeting "informal," Olsen kicked The Opinion 's reporters out of the room. Olsen refused to answer reporters' questions as to why they had to leave and why the meeting wasn't open to thestudent body, saying only"we are not going to discuss this in the newspaper." Tenminutes later, Dwyer saidhe voluntarily leftthe meeting after Olsen asked everyone in attendance not to discuss what would occur during the meeting. "As the students' representative at the meeting, I feltit wouldbe wrong to not beable to convey what happened and bring the student body 'up to date' on the issue as well," Dwyer said. Dwyer added that, before leaving the meeting, he left a prepared statement relating his view about the meeting and thestudents' views on theissue. Evan Baranoff, Editor-in-Chief of The Opinion and one of the reporters who was kicked out of the meeting, said, "I was very disappointed that the administration forced us to leave the meeting without even explaining their reasons. We felt that it was an open meeting and that, under the Open Meeting laws, we had a right to be there. Students had a right to know if the faculty was going to affect a SBA proposes changes to new conduct code \by Steven Dictz, Reporter Excerpts ofDwyer's written statement read at the secret faculty meeting "...Although I haven't conducted any comprehensive poll. 1 I am as good as any student to gaugetheir opinions on the matter, I I talkedli-Oiignitkamnumhcrinthedayssurrouridingthccontrcwa- I sy. Most students opposeany discrimination in hiring and irxcit- I tcally and explicitly opposeVacco's change in hiring guidelines. I However, a majr.riiy are opposed to rescinding the in viut ion. There I is a sense amongnKwtstudeMs thatCommcncementL> a non-political I affair and that it t$ not tbearena(or a fight about policy issues either I duringtoe G-mimencementor and thisiscrucial after an invitation I has been made Arescinding of theinvitation would'speak foralt I students from all thtrec classes, the entire faculty and alumni. SimiJarly.studentsdon'l want theactual Commencement day tohe ■ apolitical fonan and ihetefore opposea second "co-speaker" with its potential foi a "Crossfire"- type atmosphere. Even ma liberal; progressive institutivelike UB Law.studentsget very traditk>nal(.for I lack. "Students staunchly oppose the way that Commencement is I That this meeting is even heing held heing handled at this ... wrong. ..'■ - - - I I I IIH poinU.. j H decision that the students made." Baranoffadded thatit was ironic that, only moments before he was kicked out of the meeting, he was talking to Alumni Director Ilene Fleischmann, who was saying how "open" UB Law was compared to other law schools. The"informal faculty meeting" lasted approximately two hours. DeanAlan Carrel had no comment, other than to say that, since a faculty quorum was not present, the meeting was informal and no action couldbe taken. Dean Nils Olsensaid that the faculty will meet again, that"there will be more discussion"ofthe issueand that "there will be a decision made." He also said that,as of now, there is no strong unified stance on the issue additionalreporting by PeterZummo, ManagingEditor — Vacco remains keynote speaker. According to CommencementCoordinator Marie McLeod, only 25 signatures in opposition to Vacco were turned in. Committee amount offirst- and second-year law students who were in opposition to Vacco's invitation, but not considered in the petitioning process. member Alan Rosenthal estimated that approximately 100 of the 262third-yearsvoted. No final yes-no vote was available because many students did not turn in petitions filled with yes votes to Admissions and Records. McLeod explained that studentshad mistakenly thought a yes-no vote was to be taken when, in fact, only no votes were supposed to be collected. As a result, yes votes weren't tallied at all. McLeodadded that"there was no promise to rescind the invitation, even if a majority of signatures in opposition were collected." She also attributed the low turnout to the Nancy Stroud, vice-president of theLesbian, Gay, and Bisexual Law Students and a protestor of the Vacco invitation, said her group will organize protest committeemeetings in thefuture. The meetings will focus on organizing aprotest for graduation day. "We hope the meetings will allow us to havea well-thought-outprotest," Stroud said. "We want to protest, yet make graduationday enjoyable for all." Stroud is also travelling to Albany this week and hopes to meet with Vacco to express her opposition. In other news, two other commencement speakers were electedby student-body vote. continuedfrontpage 1 The third-year class elected Susan Fox to act as Student Speaker. ProfessorKen Joyce will deliver the Faculty Speech. The ceremony will also include greetings from law alumni, Dean Boyer, and University President William Greiner. Graduation tickets are now available at Admissionandßecords. They are $1 and there is a limit of six per student. Admissions and Records is now taking requests for extra tickets; they will be available for the next two weeks. The next Commencement Committee meeting will take place on March 22 and will focus on thedetailsof the graduation ceremony. Law student involved in brouhaha byJosephL. Broadbent, News Editor The relative serenity of afternoon in O'Brian Hall was interrupted on Feb. 23 when David Nemeroff, 3L, became embroiled in a physical altercation with UB student Larry Shorte outside the law library. Witnesses reported that Nemeroff had set his jacket on a chair at a table near the vending machines and walked away. When Shorte sat down at the same table, Nemeroff returnedand uttered something to him, which infuriated Shorte. Witnesses reported that Nemeroffutteredracial epithets; Public Safety disputed this, saying that Shorte hadused a racial slur. Afight ensuedand the two students endeduponthe floor, withNemeroffreportedly "beating up" Shorte in a scene one witness described as "awful." Nemeroffthen reportedly threw a can ofpop at Shorte and attempted to throw a garbage can at him. According to witnesses, after other students separated the two, Nemeroff "kept provoking" Shorte, telling him "not to mess with him" as other students tried unsuccessfully to convince Nemeroff to leave the area. Witnesses reported that Shorte angrily left the scene and later returned with a steaming pot of coffee, shouting that he was "gonna burn" Nemeroff. Despite the situation, witnesses saidNemeroffinitially refused to leave the area. Ten minutesafter theincident began, a number of Public Safety officers arrived. AfterShorte threatenedto take an officer's gun from his holsterand get Nemeroff, Nemeroff entered the law library and sat down. The officers subsequently questioned bothstudents for approximately 5-10 minutes, when they were bothallowed to leave. Nemeroffsaidhe didn't want to discuss the specifics of the incident, but maintained that "at all times, I was defending myself." PublicSafety reported that it was called back to the scene 40 minutes later, where officers learned that Shorte had "jumped" Nemeroff on a stairwell. Shorte was handcuffedand taken to PublicSafety headquarters. Nemeroffsaidthathe voluntarily wentdown to Public Safety headquarters after the second incident because he wanted to press charges against Shorte for the secondincident. According to Public Safety Investigator Dan Jay,both studentswere issuedappearance tickets by Public Safety and the matter was turned over to theStudent Wide Judiciary. NemeroffandShorte were expected tobe arraigned at the March 2sessionof theStudent 3 Wide Judiciary; however, thearraignment never took place. The prosecutor presentrefused to comment to Opinion reporters on when or if Nemeroff and Shorte were going to be arraigned. One Group Legal Services defender said that the Student Wide Judiciary may not have jurisdiction over law students. "David Nemeroff is not charged with anything," saidNemeroff'sassigned defender, David Adams. "No one haspressed charges against anyone." Afterthe matter was droppedby the Student Wide Judiciary, Nemeroff said that "at all times in both incidents, I was merely defending myself and the fact that I was hit with a chair and threatened with coffee shows my defensive posture in the whole matter." Investigator Dan Jay refused to release the full incident report. Shorte could not be reached for comment. Ironically, it was one yearago to thedate (Feb. 23,1994) that Nemeroffwas involved in an altercation during an SBAmeeting whenhe threw a can ofpop at anotherSBA member, an event which prompted then-SBA President Saul tan Baptiste to request that a Public Safety officer monitorthe next SBA meeting to prevent further incidents. The Student Bar Association Feb. 1!' released its recommendations for the draft Code ofHonor, Ethics and Conduct. Among therecommendattonswetepro\Tsions aimed to strengthen the penalty for plagiarism. insuring thai regulations concerning classroom speech do not infringe upon students' First Amendment rights, adding aprovision to make misuse ofstudent funds an enumerated violation, and providing a sanction against late gradingprofessors. The recommendations were made afsolicited student opinion in a mailbox survey last month. They were made bya committee formed by the SBA consisting ofSßAPre.stdentßenDwyei.SßAVice\ President Les Machado, Kevin Mahoney. SL, Marnt Bogart, 3L.and.Juck I ! sera, IL The main purposes of the code ofconduct is to replace the patchwork of codes, rules and regulations presently governing studentand faculty conduct and to provide for penalties and a minimum standard of conduct expected oflaw students, as well as procedures to follow when violations occur. ter the SBA The firstrecommendation wouldadda provision that would enable the law school to infer that astudentwhoplugianzed another's work sought to gaman unfair academic advantage when theplagiarism was ofsuch a degree t hatit coul d not possi bl y have been done in error It also states that a claim that the student thought he was submittingsomething other than what he or she actually submitted is not a defense to the charge. Finally, it would specify the penalty for plagiarism aspermanent dismissal from the n< iii. The second recommendation wouldadd a provision that wouldspecify that thedeliberate misappropriation of student activity fees tot personal use violates the code This provision bars the personal use of goods orservices intended for the use of the . SBA orany student organization. It also bars students from using an item or service for personal use, thvn requestmg reimbursement from studentactjvity funds. Tnednft version barred any theft or larceny of any property, but was otherwisesU ent on misappropriation ofstudentfunds. The third recommendation would prov idefor written tcpn mandsfor any professor who fails to submit grades before six weeks after the lust scheduled examination date. Thedraftvetsionrcstatedthelawschool policy on the grade deadline, but <Ud not provide forany sanctions. The fourth recommendation would make several amendment* to theprovisions of the code dealing with classroom disturbances to insure that they do not have a chilling effect on students' First Amendment rights. For example, if astudent, white inclass or duringadebate. forum or lecture or other itional! i iction | oiiso ed >) the la v school or the SBA is accused of a code of conduct violation suebas abusive utterances, harassment because of race, religion, gender, sexual orientation, nationality or disability, or sexual harassment; accusations must be corroborated by at least two student eyewitnesses or the professor in charge of the class. Under the SBA's recommendations, any questions ordoubts concerning theabove violations wouldbe resolved in favor of the accused student. Other recommendations wouldspecify that the false teportingof a code violation is in itself a code violation and provide for a code aoiendment process and extra review ofFaculty Student Relations B<>ard actions Trie draft versionof the code, as well as the student committee recommendations will be considered ai the Mar. 31 faculty Imeeting �EDITORIAL THE OPINION 4 epiMOisrlJia | 1 w 35, No. 11 *« Volume i ki 11 Foundedl949 ._ March 8, 1995 " FEEL So; Hew b© /\OOUT CODES oP Corsitiuc-r tf*. SMITH .. March 8, 1995 ?" inftC Peter G. Zummo Managing Editor Evan C. Baranoff Editor-in-Chief EDITORIAL: Vote Yes for Free PressAmendment The upcoming SBA general election willallow law students to do much more than simply electtheir student government officers; law students willhave the chance to guaranteethat their student press, which they rely on for a fulland truthful account ofthe news ofthelaw school, willnot be unduly restricted by the student government. It may seem strange that the student governmentneeds to adopt a Free Press Amendment whenwe have the FirstAmendment ofthe US Constitution. However, thefact that past SBA administrations have abused their authority in sanctioning The Opinion in the past, despite the First Amendment, shows that the First Amendment isn't enough. Without the Amendment, ifthe SBAsanctioned The Opinion, we would have to take the SBA tocourt and show that it's a state actor in order to vindicate our constitutional rights. TheFreePress Amendment will serve as a binding contract between the SBA and The Opinion and will ensurethattheSßA doesn'tinterfere withThe Opinion's content and internal policies. In essence, it will extend First Amendment protection against theactions ofthestudent government. Any attemptto sanction TheOpinion for its content would violate theSßA's constitution, givingThe Opinion a remedy within the law school, leaving legal action a last resort. The Free Press Amendment will therefore make it easier to protect thefreedom ofthe pressand will provide thestudent press with a remedy here at the law school. It will also serve to recognize the importance of one of our most fundamental freedoms. The Opinion, like all newspapers, needs to befree to act as a check onthose in power and help promote thefree exchange ofideas. Withoutthe protection of theFree Press Amendment, The Opinion will not have the independence it needs to carry out its mission and responsibility. Although The Opinion is the only newspaper ofthelaw school, itis far from the only beneficiary ofthe Amendment. Besides thefact that the entire student body willbenefitfrom having an unfettered press to report on their own student government, other student publications, such as newsletters, lawjournals and the Law Review, willbe protected as well. The Amendment, which as faras we know is unprecedented for a student government, might also have positive implications beyond thelaw school. If th isAmendment is adopted and successfully protects the student press here at UB Law, it will become a model for other similarly situated student press organizations. TheFree Press Amendment, which was modeled after the First Amendment, was already approved by the SBA on Oct. 11. Now, it is up to you the student body to ratify it. The Amendment requires a majority to pass and also requires thata minimum of20 percent ofthe studentbody vote. This makes it vital thatstudents come out to vote on March 29 and 30. No one can deny the importance ofafree press so don't deny the importance ofafree student press. Support yourfreedom by voting yes to adopt theFree Press Amendment — - STAFF Business Manager: Production Manager News Editor: Features Editor: Photography Editor: ArtDirector: Lisa C. Nasiak Peter W. Beadle JosephL. Broadbent Sam S. Chi John W. Gasper Len Opanashuk David ZammieUo; Features:Flora Chan and Mike Chase; Photo: Molly Kocialski; Graphics: David Leone; Business: Eric Dawson. Beat reporters: SBA: Steven Dietz; CDO: DanielaAlmeida-Quigg; Alumni: Shelley Chao; Contributing Staff: Rosanna Berardi, Jim Gerlach, Dan Killelea, Les Machado and Jessica Murphy. Computer consultant: Peter Beadle Stabilizing: Pizza againand team work Destabilizing: No sense crying overspilt beer TheOpinronisanon-profit,independent,student-ownedandrun publicationfundedby theSBA fromstudcnllaw fees. TheOpinioa SUNYAtßuffaloAmherst Campus, 724 JohnLordOßnan Hall,Buffalo,New York 14260 (716)645-2147. The Opinion is publishedevery twoweeksduring theFall and Spring semesters. It isthestudentnewspaperoftheStateUniversity ofNewYorkatßuffaloSchoolofLaw. Copyright 1995 by The Opinion.SBA. Anyreproduction ofmaterialshereinisstrictlyprohibited without theex pressconsent oftheEditors. Submission deadlinesforletters to theeditorandPerspectivesare5 p.m. on theFridayprecedingpublication.Advertising deadlines are6p.m. on the Fridayprecedingpublication. Submissionsmayeitherbe sent toTheOpinion at theabovenotedaddress, dropped offunderThe Opinionoffice door (room 724 O'Brian Hall),or placedinBox#loor #280on the third floorofO'Brian Hall. All copymust be typed,doubled-spaced,andsubminedon paperandonacomputerdisk(IBM-WordPerfect). Lettersare best when writtenasapart ofa dialogueandmustbe nomore thantwopages double-spaced.Perspectivesaregenerallyopinionarticlesconcemingtopicsofinterestlothelaw school community and must benomore than fourpages double-spaced.TheOpinionreadsandappreciateseveryletterand Perspective we receive: wereserve therighltoedilany andall submissions forspaceas necessary andalso forlibelous con tent. TheOpinion will not publishunsigned submissions. Wewill return yourdisks to yourcampusmailboxor toaprivate mailbox if aself-addressedstampedenvelope is provided. The Opinion is dedicated to provide a forum forthe free exchangeof ideas. Asaresult, the viewsexpressed in this newspaperare not necessarily thoseoftheEditors orStaffofThe Opinion "Congress shallmake no law....abridgingthefreedom ofspeech, orof thepress;..." —TheFirst Amendment resticDon'lasm peech EDITORIAL: f'eelthatit doesn't go far enough. TheFirst Amendment is designed toprou cech. houldber >yfhe In a university thatpridesitseffondlY«S!ty,nostvdent': powers thatbe. Ifthere.is any place wherestudentsshouldbe encouraged, not merely allowed, to speak freely, i t is the c) assroom, where t here shouldbe a freeand open exchange of ideas. Also, The First Amendment should not stop outside the law school's doors. White the SBA's proposal grants some protection to classroom speech, the code app< mt no protection to speech outside of the classroom. The First Amendment is not designed to protect popular speech; popularspeechdoesu 't need to be protected. It is theunp>pular speech that needs the most protection; this is where theFirst. Amendment comes in. The types of speech that the proposed Code will restrict are far too subjective to give speech the protection it deserves"; descriptions such as ■abusive utterances," "harassment" aod"verbalabuse"jredefinedmwhereintbeCode.By usingthis sortofambiguousianguage. violations will dependonthewaytheltsteuer interprets the speech, regardless ofthe speaker's intention. Violations could be based on the way that two people in the same group or club interpret something that'ssaid by amember ofanother group or club. The content of a student's speech should not and m list not be regulated by what ot bets thinkofthat speech. While theSBA proposal is a stepin theright direction, we 1 uture administrations will see the light and remove all restrictions on free speech. EDITORIAL: Administration intimidated by LGBLS Thesupposedly "informalfaculty meeting" which met on Monday wasyet another attempt by certain segments of thelaw school poulation to decide who is going to speak this year at Commencement. After failing to get the Commencement Committee to rescind the invitation to Vacco, opponents of theinvitation unsuccessfully attempted torescind the invitation through a student vote. Opponents at theFeb. 15 Commencement Committee promised to abide by thestudents' decision. Yet, after thestudents spoke, these opponents convincedcertain faculty members to support their opposition. This led to Monday's meeting, which apparently was not publicized to all faculty members. The Opinion found out about the meeting only a few days before it was scheduled; SBA President Ben Dwyer didn't find out about it until an hour before it was held. Students were prohibited from attending; Opinion editors were kicked out of the room andbanned from the meeting; Dwyer left when the dean insisted on a "code of silence." Dean Olsen absolutely refused to let the students know what happened when he kicked Opinion reporters out. Heofferedno justificationfor his actions. He simply didnot want anyone to know whatthe administrationand faculty were up to. This kind of closed-room, hush-hush meeting seems like an attempt to disregard what the students didlast monthand is an insult to thestudent body. Students had a right to know if the faculty was going to change or even discuss changing a decision that studentsmade. The administration is happy to talk to the paper or studentswhen it suits them, but whentheissue directly affects the graduationstudents have anticipated for three years, suddenly they no longer have the right to know. A number of questiones still remain unanswered. Why was the meeting closed to the students? What was so important that the participants felt that we shouldn't know? We may never know, because the administrationand certain faculty members don't want us to know. And why were severalmembers oftheLGBLS allowed to attendthe meeting, but everyone else excluded? Does theLGBLS have the administration's ear that somehow allows them to receive special treatment the rest of the student body doesn'tdeserve? Regardless of what happened at the meeting, it was inexcusable to exclude interested parties and membersof the school newspaper. Secret meetings like thesesubvert thedemocratic process that the opponents agreed to abide by. As Ben Dwyer said in his statement, "[t]hat this meeting is even being heldis wrong." What does the administration have to hide that they would force everyone to swear themselves to secrecybefore the meeting began? In theopen forum ofa law school, thesekind of shenanigans should not and must not be tolerated. We must demand to know what went on at the meeting and why certain people didn't feel we deserved to be privy to that knowledge. Monday's meeting sets a dangerous precedent whereby the administration can unilaterally prevent us from knowing whatactions it is taking to affect our education and our graduation. �March 8, 1995 OP/ED THE OPINION 5 Perspectives Capital Punishment is just and necessary K)us and more deserving ofpunishment, ByJosephL. Broadbent When GovernorPataki signed the death th men spend their lives in prison and ne gets thesame treatment, even though ilty bill, it was more than merely the llment of a campaign promise; it was an Defendant 2 killed three more people than act whichis long overdue in NewYork. For the Defendant 1 did andkilled them brutally. Itis treat both defendants With past 12 years, New Yorkers have expressed theirdesire torestore thedeath penalty only to ith penalty, thejuryand society can show haveformer GovernorCuomo disregard their rage and declare that the only appropriwishes. Recently, as therestoration of capital nishment for Defendant 2 is death. -■ punishment neared reality, | By taking someone life, themurderer has the debate over the death else's only one such criminal ! dcclared that he doesn't repenalty was reinvigorated. is deterredfrom kilting I Capital punishment is spectsociety'slawsornorms one innocent victim by th( II and thathe has no value for justifiable, morally supportable and proper for a deathpenalty, that one I his victims' lives. After he is worth it. ! has done that, should we give number of reasons. Since innocent the death penalty is only '— 1more value to his lifethanhe imposed on murderers whocommit particulargave to his victim(s)? Bykilling his victim, the ly heinous murders or ones that are unsavory murderer has forfeited his right to live and (such as the killing of a police officer), the doesn'tdeserve oursympathy. Why shouldhe defendants we are talking about are no choir be treated better than he treats society? boys. The murders theycommit are viewed as Everyone would probably agree thatthe worse thanthe "average" murder. Punishing death sentence prevents the defendant from these kinds of murderers requires a sentence anyone else. Opponents would argue that sets them apart from therest ofthemurderfe without parole does, too. Such an ers and declares thatwhat they did was espeargument ignores the possibility of escape To demonstrate that this argucially repugnant. Only a death sentence will isn't a stretch, 5 inmates who were proclaim that what they did will not be toleratedby society whilemeting out apunishment g life sentences escaped from a Florida that fits the crime. in January by digging a tunnel to freeAs an example, suppose Defendant 1 shot dom One ofthose i nmates later killeda police and killed 2 strangers during a robbery and the lineof duty. The life sentences Defendant 2 killed his entire family of 5 by prevent the inmates from killing an nt victim and terrifying the southern cutting theirthroats. Without thedeath penalty, eachwould most likely be sentencedto life halfof Florida for weeks. By contrast, death imates are kept in more secure cells, imprisonment. Clearly,Defendant 2's crimes were more g escape impossible. evidence that implementation of capital punishment causes more people to murder either. Otherfactors may enter intothe equation. The best we can sayis that theevidence is equivocal; we don' t know one way or the other. But if capital punishment is a deterrent, abolishing it is clearly wrong. There are plenty of people "on the fence" who are deterred by the possibility of being executed. If a criminal is committing a felony suchas armed robbery, the prospect of thedeath penalty may deter him from killing the convenience store clerk. If only one suchcriminal is deterredfrom killing one innocentvictim by the death penalty, that one innocent life is worthit. Capital punishment also deters inmates from murdering while in prison. Without the death penalty, aninmate serving a sentence of life without parole has absolutely nothing to lose bykilling a guard or another inmate; he's already been given the maximum sentence. Opponents who talk about the sanctity oflife never say how life without parole will deter further murders while in prison because it doesn'tand never will. Finally, even if it doesn't deter, thedeath penalty serves a retributive function. When someone commits a heinousmurder, society is obligatedto imposeswift, firm punishment. A murder doesn't just affect the victim, it sends Shockwaves throughout the victim's family By Benjamin Dwyer, SBA President For thefirst time in many years, theU.B. Law School Commencement ceremony is members of the faculty attendedCommencement in one of these capacities. Again, students do appreciate individualprofessors' in- I Rto similarly. If life ■> . I)rison. Bin Capital punishment also serves as a deterrent. Opponents claim that there's no evi- dence of general deterrence because, in some cases, the murder rate goes up after a state adopts thedeathpenalty. However, there's no and friends as well. For every murder that is committed, dozens of people are directly affected. Aside from the direct impact on the victim's family and friends, society is affected as well people are more afraid to walk the streets, thelaw is violatedand society loses a person that could have made a meaningful contribution. Death penalty opponents liketo focus on the defendantand how he is treated, but let's not forget the victim, whose life themurderer snuffed out before its time, who can never watch a sunset, have children, see a movie, or do the other things thatthe rest of us take for granted. What more appropriate penalty can therebefor a person who casually takesanother's life? I wish that the death penalty was not necessary, that people had more regard for human life, but the sad fact is that there is a growing number of people who feel no compunction in ending someone else's life for money, a car or a pairof sneakers. Perhaps 20 yearsago, thedeath penalty was not necessary, but today, as themurderrate continues to climb and as more people devaluehuman lives, the death penal ty is appropriate and necessary. It should be obvious to everyone that prison doesn't serve as enough ofa deterrent to murder. Capital punishment is the only punishment appropriatefor the cruel, heinouscrimes that it applies to. This ispartone ofa twopart commentary on the Death Penalty. Next issue, Broadbent will address DeathPenalty opponents'arguments. Broadbent is a third-year law student and is NewsEditor of The Opinion. - X' Students to faculty: Hands offour commencement the request of those few students, perhaps independently, a smallnumber of faculty are nowtrying to attach some formof protest to this year's Commencement ceremony. They also demand a greater faculty and administration role in Commencementplanning in thefuture. Students oppose bothpresent andfuture intervention. about to be taken out ofstudents' hands by the faculty and administration. Students overwhelmingly oppose any attempt to politicize Commencement and wouldstrongly resent any consideration by the administration of any form ofprotest or statement thattouchesupon Regardinginterventioninthisyear'sComtheir Commencementceremony now or in the mencement, students resent thebelatedinterfuture. est of a few faculty membersandsee it as a way Agraduating student's Commencement to circumvent thestudent body's rejection of a politicized Commencement. As justification ceremonyis very precious tohim or her. Commencement is the culmination of years ofstudy for faculty intervention, students opposed to andis the symbolic achievement ofdreamsand Mr. Vacco have spoken of the need for the goals held for a lifetime. Students' families faculty as "role models." Such an argument is unprincipled; the same adult almost-lawand friends come from afar to share the moment. Precognition ofthis, thisinstitutionand yers would certainly reject such faculty guidothers typically cede most ofCommencement ance/intervention if a speaker acceptable to planning to students. (Note that U.B. Law them had been chosen. Actions apparently studentsalso voluntarily fundCommencement under consideration by the administration at through student activity fees and a charge on the request of these few include a "rebuttal" Commencementtickets.) It is axiomatic that at Commencement to Mr. Vacco by a chosen Commencement belongs to students and is faculty member or a disclaimerof some kind in the Commencement booklet. closely-guardedby them. even the Faculty opposed to Dennis Vacco's polthis politically-minded In spirit, icies, of which, like students, there must be do not want politics at Commencement. That is why afterDennis Vacco accepted many, have a hundred-and-oneoptions to opour invitationto speak at Commencement, few pose Mr. Vacco without impinging upon Commencement. Why not organize against Mr. joined in the effort to politicize it by demandtheinvitation. have I spoken Vacco? Why not filea lawsuit? Why not write ing a rescinding of withmany 3Ls and am fully confident I speak an open letter to him, as I have already done? for the majority when I say that MOST 3Ls Why must the students' Commencement be OPPOSEMR. VACCO'SRECENTCHANGE theforum in which a few faculty members push IN THE HIRING GUIDELINES YET ALSO their agenda? I understandthat a stronger faculty role in OPPOSE USING COMMENCEMENT AS THIS OPTHE FORUM FOR EXPRESSING future Commencementsisalsobeing discussed. ofCommencement Ifthis heraldeda genuine interest by faculty in POSITION. The forum Commencement ceremobeing involved in Commencement, it might be includes the actual However, the circumstances under welcomed. ny itself, theCommencementbooklet and the which this arises suggests that this is not so. outstanding invitation and acceptance. commitStudents deeply appreciate those professors Asmall numberofstudents are who wish to and do share in the ceremony. ted to making Commencement a forum for been Some faculty have expressed to me thepride expressing such opposition. They have feel in seeing their students graduate. unable to rally significant support among other they They participate as hooders, as the Hot Cargo 3Ls for a Commencement-based protest, howStrings Band, or simply watch from the stage ever, for reasons mentionedabove. Enter a few faculty members. Perhaps at or the audience. Last year nearly twenty terest. - However, students soundly reject a facul ty or administration role where it is seen as designed to guarantee a particular viewpoint of any kind at Commencement. Present discus- sions ofany future increase infaculty role are tainted by the circumstances in which they arise and should be rejected by other faculty members. In conclusion, I urge members of the faculty andadministration to heedthewishes ofmost graduating studentsand leave politics out ofCommencement now and inthe future. Opinion Mailbox Stop the garbage To the editor; How many ofyoucheck your mailboxes onadatly basis only to find garbage stutfedin them To qualify the term "garbage", I mean therepi ti tious, unwanted advertisements for magazines, credit cards, andbar review cours- es. The "stuff that we have gotten and gotten and gotten again, and donothing with other than throw it in 1he recycle can or stuff it into the unused mailbox nest to ours. How about ihe Garbage on the walls? The stuff thatmakes our school what n is a pigpen. Flyers that areannouncing an event that happened two weeks ago, propaganda from groups hoping to sway our opmorts about a particular issue «t person, more advertisements for credit cards, magazines, tnps to Timbuck Two. and "surpris*" -- more bar review flyers. We need to have a policy about the garbage. 1 wrote a letter to the SBAsugge.sting they contact the university about the existing policy, andi fthere was none, to come up with some. We need to balance First Amendment rights to free speed} with postal regulations,environmental, and maintenance cost issues Make people responsible other than the university maintenance Keep t he advernsement confinedtothe areas where it belongs, the bulletin boards that are pi< »vi fl- -- crews. ed. Make theperson who posted the i nf« irmatton responsible for taking It down when it is outdated, or ifnot dated, within a reasonable ti me period. Come up with some type of and when, as well as how they plan to clean up thefloors when t heir notices tire found on it MAKESOMEONETAKETHEBLAME! Howabout purgingthe bulletin boards at pirescheduled times - say the 15th and the lastday ofthe month That way people who want to keep their notices can goandremove them prior to that date, then repost them after the purge until the next purge date. People w hodon* t care about their notices lose them intherecycle bin. (includingthoscannoying credit card and magazine advertisements how many people don't have creditcards by now?). Keep the notices and posters off the walls! The stairs, colu in ns. and ball ways ate not for posting of advertisements! The staples, tape, and tacks ruin the paint and look like hell! If"lack of space" is aresponse to this statement, request that more bulletin boardsbe put up. (PAD put up their own!) Force the bar review people to keep their flyers on thebulletin boardprovided to them. This is OUR school, li is visited daily by outside lawyers andoiher dignitaries who probably think it looks tike hell. Believe it -- or not, this is a reflection on all of us. I don't wanttobethoughtofas an unkempt personif associated with the mess in the school. I wouldratherhe proud of our school. EdGrabowski, 1L �March 8, 1995 6 NEWS THE OPINION Late grades causing students added grief by Jessica Murphy, Reporter Si nee the beginning ofthe spring semester, students have hungrily clustered around 3 profs still late with grades Only three Jaw professors have still faded to turn in Fall semester grades thebulletinboard across from theAdmissions and Records Office in hopes of finding out about their 1ast semester's grades. Theresults have been disappointing to several students, as most professors didnot submittheir grades until the last minute and others missed the Feb. 15 deadlinealtogether. The effects of thelate grades, andalso of the late due date, have hit students on many levels. "I know I'm not getting my transcripts until mid-March, and thatcould put me out of therunning for at least one job," said first-year law student Molly Kocialski. "I think this [grade return policy] is a great disadvantage for us when schools like Harvard Law have theirofficial transcriptsready to be sent out by Gradesfor Constitutional Law. section B, Professor Kannar; Estate & Gift Tax, Professor Professor Battaglia have still not been handed into A&R, according toKaren Waltzoftheßegistrar's Office. Feb. 15 deadline is largely negative, especially from those studentswho have yet to receive grades from courses whose grades are exambased. "The deadlineis too long," said secondyear law studentPeter Beadle, who was frustrated by the TAP deactivation. "If you look at otherlaw schools or even at other graduate departments within ÜB, they all get their grades in before TAP is deactivated. There's no reason we can't do the same." First-year Michael Graffsaid, "it seems that professors should at least consider the problems thatlate grades cause for TAPrecipients. I'd like to think the reason why the professors are taking so much time is that they're putting lots ofeffort into grading the mid-February." One of the largest problems caused by late grades and the late deadline thatbothlaw students and A&R must deal with is the TuitionAssistance Program Awardmoney being deactivated. Many studentsreceived bills this semester explaining that they owed money because their TAP award had not been sent. These students eventually learned thatthedeactivation had nothing to dowith them, but rather it was a result of the late grades and the late grade deadline. According to Karen Waltz, assistant dean ofStudentServices and Registrar, in orderfor TAP not to be deactivated, students' grades must be submittedto the TAP Program office by mid-January. Waltz explained that the TAP Program computer system interprets the absence of a grade to mean that the student has not completed a course, so the TAP Program will provide no financial aid until a grade is produced or its absence explained. In the mean time, students receive bills from UB Student Accounts because of the unpaid bill. According to Annette Schroder, a UB Students Accounts Calculations Clerk, the TAP programbases its grade duedaterequirement on when the university releases student grades, whichfor UB is mid-January, and does not tailor the policy to individual schools within the university itself. Since very few law school grades are submittedby mid-January, law studentswho receive TAProutinely have theirawards deactivated and must waitfor A&R to help reactivate them. The process of re-activation is very inconvenientand takesWaltz several days. Waltz said she reactivates every single student's TAP awardpersonally. "TAP re-activation is time-consuming and other things, like this semester's exam schedule, cannot be done. On theother hand, I understand students' concern for financial aid. This is why everything gets droppedto take care ofthem," shesaid."There's onlymyself, one full-time secretary and a part-time secretary. We haveavery smallstaff doingabigjob-but it gets done." Although inconvenienced by the TAP deactivation, at least students don't have to pay for it.Schroder said that "students are not charged a late fee because Student Accounts doesunderstand that, most ofthe time, theTAP deactivation is not the students' fault." Waltz said, "professors have beennotifiedofthis, and they know that student TAP is affected, but they may not know the full ramifications of these effects." "It's a hard situation," explained Waltz. "I understand the faculty point-of-view. It's tough to grade 100-150long papers well in such a short period of time." Waltz said that, many times, professors have valid reasons for turning in grades late. Sheadded that many times, notably in seminar courses, professors give students extensions for their papers which could account for the delay in submitting grades. She admitted, however, that professors couldstill post the grades ofthose studentswhosubmittedtheirpapers in on time. Student reaction to thelate grades and the exams." Kocialski said, "the big thing for me is thatbecause of this one uncontrollable factor, I may be out of ajob-andit's frustrating!" Another first-year added, "since there's no feedback in thefirst semester, especially for first-years, this delay makes us question our decisionabout our choice to attendlawschool. I think that having been grilled about professionalism and the promptness expected in the real world, I guess we expected the same from our professors, too." Chris Nickson, IL, agreed, saying "if everyone else can get gradesinat areasonable time, why can't we? I feel especially strongly about thisbecause I know thatall ofthe undergraduate exams I took were comparable in length andclasssize to law school, andprofessors were still obligated to produce grades before winter break." Waltz said that student transcripts will beavailable in mid-March. Any employer who calls asking about missing or late grades will be told late grades are not the fault of the students. SBA Meeting: SBA declines to endorse letter asking Vacco to change policy By Steven Dietz, Reporter The Student Bar Association March 6, after having to scramble fora quorum, declined to lend its name to a letter writing campaign asking Attorney General Dennis Vacco to reconsider his recent decision to reverse his office's policy ofincluding sexualorientation as a protected class in its non-discrimination policy. The onlyvote on the proposal to have the SBA sponsor the campaign came on a motion by SBA VicePresident Les Machado that the SBAas an organization not involveitself in the campaign. That vote was 5 in favor, 1against and6abstaining. Class Director Nancy Stroud, 3L, was thesole vote against themotion. Since only sof the 11 voting directorsvoted in favor of the motion, themotion did not carry. However, aftera long, heated discussion' concerning the propriety oftheSBAbecoming involved in the campaign, no furtheraction was taken. "When I startedtheschool year I thought I belongedin thislaw school. When theDennis Vacco controversy came up I questioned whether I belonged in thislaw school. Now I know I don'tbelong in this law school," Stroud said after the meeting. The proposed letter would have stated that, as membersofthelaw school community, <-7 J. J the signatories are honored thataUB graduate has becomeattorney general, butdisturbedby the removal of sexualorientationfrom thelist ofprotected classes against whomthe attorney general's office will not discriminate. The letter wouldhave opposed theremoval on the grounds that the new policy apparently violatesExecutive Order 28.1,which forbidsany state agency from discriminating on the basis SeeSßAMEETWGonpagell SBA general election: Executive officers, Free Press Amendment, continuedp-omP age i the SBA Constitution, executiveofficers are electedby a plurality of thevotes cast for each office, provided that the plurality includes at least one-thirdof the ballots cast in the race. It further states that if no candidate receives therequiredminimum percentage of votes, the candidateswiththethree highest totalswould participate i n a run-off election, provided each such individualreceived at least 15 percent of the total vote. The Free Press Constitutional Amendment, which was passed by the SBABoard of Directors on Oct. 11, will also be voted on in the general election. The amendmentwould prohibit the SBA Board of Directors from sanctioning The Opinion and other student press organizations (i.e. newsletters, Law Review and law journals)for theircontent. The proposed amendment states: "[The SBA shall] pass no resolution abridging the freedom of the press to report on the news, including the affairs of the law school, or sanctioning the press in any way for the exercise of that freedom." According to Article VIII of theSB A Constitution, the amendment must pass by a majority vote of the student body, with a minimum of 20 percent of the studentsvoting. - A thirditem on theballot is theuniversi ty-wide electionfor theone student seat on the 10-member University Council. The other seats are appointedby thegovernor. Two students are running for theposition: UB undergraduates Andrew Goretsky and Michael Pierce. Pierce ran unsuccessfully for the position last year. Dwyer saidthe University Council is like a Board of Directors for the university and represents theentire university in all areas of academic and student life. Dwyer explained that the electiontimetable was set up to allow two weeks for the petition drive and two weeksof campaigning. Although there are now only two days leftfor petitioning, Dwyer saidthere is still sufficient timeto obtain the required 77 signatures. Article IV of the SBA Constitution explains the powers and dutiesofeachexecutive board position. The president's responsibilities include presiding over theSBA meetings,assuring the execution of all resolutions passed by the Board and acting as "the official host, representative, and signatory of the SBA." The president also submits, inconjunction withthe treasurer, a proposedbudget for the following year, which is subject to theBoard's approval. The vice-president's duties include assisting in the execution of the president's duties and assuming the president's duties in his absence. The VP is also an ex-officio member ofall SBA committees. The parliamentarian/office manager's dutiesinclude advising theBoard ofDirectors regarding mattersofparliamentary procedure, keeping theminutesof the meetings and managing theSBA's office affairs. The treasurer's duties include overseeing the auditing of the account of any SBAfunded organization, assisting the president in preparing a budget proposal for the following year andmanaging the SBA's business affairs. The Board ofDirectors, which includes both executiveofficers and class directors, has amongits responsibilities the duty to appropri- ate the mandatory student fee to law student organizations. The mandatory activity fee is currently $50 per student per semester. "It isreally up to the president and executiveboardmembers to design the office to fit their own goals and agenda," Dwyer said.. "Aside from making sure that student groups get themoney allotted to themand thatthebills are paid, theduties are vague. There is a lot of room for theE-Board to come upwiththeir own ideas." Dwyer announced that he will not seek reelection for next year. "While I have enjoyedmy year as SBA president, I am happy to let somebody elsebenefitfrom the experience the position has to offer," he said. The term ofexecutiveofficers runs from May 1 to April 30, according to Article 111, section 4(b). The term of class directors, pursuant to Article 111, section 4(a), runs "until their successors are elected or their graduation, whichever is earlier." Dwyer said there will be a mandatory meeting for all candidates on March 22. �March 8, 1995 FEATURES 7 lb OPINION Trial or Travesty? A Roundtable discussion about the OJ. Simpson Trial By Joseph L. Broadbent,EAdiNstoerw. Asst. NewsEditor s been called The Trial of the nesses could have been attacked when they testified. He said that hehas never lry. Trial updates leadoff the local ational newscasts. EvenE! Enterheardof a criminal case wherethe prostainment Television is carrying it. Of ecution wasallowed to re-open(although course, I'm talking about People v. he doesremember a case where thedeOrenthal James Simpson. Beginning with this issue, TheOpinion will bring you UB Law professors' and local attorneys' reactions to various aspects of the Bit case. tThe Roundtable par- ants for this issue con- sist of Dr. Charles Ewing, who teaches Evidence and Juvenile Law and testifies incriminal cases involving psychological issues; Professor Charles Carr, former New York Cityprosecutor who now teaches Criminal Procedure and Evidence; and local attorney and Trial Technique instructor Terrence Connors of Connors & Vilardo, a litigation practice whichhandies civil and criminal matters at both the trial and appellate levels. Joining us next issue will bePaul Birzon, local attorney and an adjunct professor who teaches Evidence at the law school. Issue#l: Re-OpeningStatement After both sides presented their opening statements, Judge Ito allowed the prosecution to re-open its opening statement after the defensefailed to turn over thenames of some witnesses Johnnic Cochran mentionedinhis opening statement, a violationof California's discov- All three participants criticized both Judge Ito's decision and Marcia CI ark' sperformance. £Wngcalledtheprosecution'sstrategy of seeking to re-open its statement "stupid" because it needlessly created another appellate issue when the wit- fense was allowed to do so) and added that the re-opening was "poorly done" by Marcia Clark, because she didn't "hammer" the defense witnesses in question as she shouldhave. Connors believes that it should not havebeen allowedbecause"it's confusing and it alters thetraditional style that judges and juries are accustomed to." He added that "it's arare option" and is permitted in very few cases. Connors thinksthat Judge Ito allowedit because of the case's high scrutiny and because the prosecution didn't want to be criticized down the roadfor missing theopportunity. Connors alsostated that a re-opening statement is "more harmful than helpful if done poorly;" in this case, the re-opening wasn't done effectively Marcia Clark's original opening state- - ] wincing and • all around. c decision to allow orjudgmentcallby say that allowing a :ningisn'tnoveland c's heard of cases it was permitted. Tarr conceded that dge has broad disn to manage the triadded that hehas to it fair at the same which he didn't do he allowed the relg. He feels that Ito should havej ust thejury thestandard :tion that nothing c lawyers say is cvi. He'sbothered by te called " a lot of ; and whining from Dple" saying that, if isecution canprove c, it shouldn't care le defense attorneys d should get on to ig its case, ng that analyzing Marcia Clark's re-opening is difficult without being privy to the jury's reactions, he stated that "it didn't do very much to change the course of the trial." Issue #2: Evidence ofDomestic Violence The first few weeks of the trial consistedoftestimony by police officers about past incidents of domestic violence DeniseBrown also testifiedabout incidents when O.J. verbally abused Nicole as well as incidents when he allegedly beat her. The prosecution arthe incidents go to showmotive c murders. Roundtable participants dissented Judge Ito's decision to allow this evidence. Ewing believes that none of the evidence shouldhave been admittedbe- : . Ithat Professor Profile: Lucinda Finley FEATURES cause "its prejudice far outweighs its probative value and is essentially the use ofprior bad acts to show propensity." Ewing doesn'tbuy theprosecution's claim that the evidence shows motive and said that he can't understand the theory that "because he beat her, he killed her." Connors said that whoever conceivedof the trial plan to make it a case of domestic violence escalating to murder was "brilliant" and that it is the best strategy decision made by the prosecution so far. The strategy makes it more difficultfor the defense to make its case byforcing them to focus on many different points. Connors also statedthat the leading Californiacasessupportlto'sdecision. If it's relevant to motive, intent or pattern, it's admissible. However, even though the case law supports admissibility, he doesn't think the evidence should have beenadmittedbecause it allows theprosecution to probe into O.J.s other background when they shouldfocus onwhetherornot hekilled thevictims. As Connors put it, "the claim is of murder, not of domestic violence." Connors calledthe evidence "inappropriate and inadmissible" and an attempt to "destroy O.J.s public perception" which will bevery difficultfor the defense to rebut. He added that "if the prosecution had their way, they'd put in every incident ofbad behavior." The prosecution originally wanted to use 81 instances of bad conduct, only to withdraw all but about 20 and also by the attempt to elicit testimony fromDenise Brown about a 20-year oldincident. Carr said that the domestic violence research he's reviewed doesn't show domesticviolence to bethemotivation for murder. He added that if he had to decide, he would have wanted to see more ofa connectionbetween the acts of domestic violence and the charge of SeeSlMPSoNonpageB Lw bprofeystadqu,oin therwise by Jim Gerlach, reporter This spring, UB Law Professor Lucinda Finley will have the rare opportunity to argue an appeal before the U.S. Court of Appeals for the Second Circuit sitting en bane. The case concerns whether two provisions ofan injunction agaiast anti-abortion protesters violate the First Amendment. "This will be one of the most important First Amendment cases ever decidedby the Second Circuit," she commented, "and it will have a major impact on what limits courts can place on antiabortion protest activity." The first provision requires protesters to observe a fifteen footbuffer zone arounddriveways and doorway entrances to abortionfacilities. The second provision requires "sidewalk counselors" to cease and desist when someone seeking access to a clinic wants to be left alone. The "sidewalk counseling" usually consists of a face to face confrontation with a woman trying to enter aclinic. The cease and desist provision requires the "counselor" to back away fifteen feet when asked by the "couaselee" to cease "counseling." TheDistrictCourt upheld the constitutionality of these injunction provisions in February 1992, however a panel of the U.S. Court of Appeals overturned the lower court by a 2-1 decision this past September. Finley petitioned for en bane review, because, "there were serious questions whether the panel decision was contrary to a recent decision of the U.S. SupremeCourt." She is optimistic about herchances. While the Second Circuit rarely convenes enbane, the en bane Court virtually always overturns the previous decision. I'inley will present oral argument before the 15 unpas- member en bane court on April 17inNewYorkCity. Finley received her B.A. from Barnard CollegeandherJ.D. from Columbia University where she served as an Articles Editor for the Columbia Law Review. Following graduation, sheserved as judicial clerk for Judge Arlin Adams of the U.S. Court of Appeals for the Third Circuit. Later, she Lucinda Finley joinedthelawfirmofShea & Gardner in Washington DC Finley returned to academia, teaching at Yale Law School for over five years. While at Yale, Finley taught courses in Labor, Employment, Torts, and Feminist Legal Theory. Several ofher Torts classes were whatYale colloquially referred to as "The Small Groups." Yale teaches first year studentsresearch and writingby blending it in with regular reading assignments in a substantive first year course, in a seminarformat of 16-18students. As a result ofherSmall Group instruction, Professor Finley amassed five years experience teaching research and writing. When she arrived at ÜB, the research and writing program was a one semester course taught by third year students with varying and limited emphasis on research skills. Drawing on her Yale experience, Finley believed theresearch and writing program needed improvement. "Research and writing is as important, if not more important, than thesubstantive first year classes," Finley commented. While she stressed that the importance of Torts, Civil procedure and other substantive courses was not to be downplayed, "The ability to do effective research, analysis, and writing is a fundamental skillwhich readily applies to other courses." Amongst her many activities, Finley was recently selected to serve on New York General Dennis Vacco's transition team. She joined fellow U.B. professor Alan Carrell on thetransitionteam. Members ofthetransition team were asked to write papers in particular areas of concern to the attorney general. Topics ranged from integration of computer technology to personnel policy to policy initiatives. Finley hasbeen servingon thesubcommittee for the Division of Public Advocacy, which includes theBureaus ofCivil Rights, Environmental Protection, Antitrust, and Consumer Fraud. Her comments addressed topics including hiring practices, the internal structureof the department,and prioritization ofsubstantive areas. When asked if she was surprised by her inclusionin the transition team, she replied, "Before I received the call from Dennis, I wasn't even aware the Attorney General had a transition team." The inclusion of Finley in the Attorney General's transition team might seem rather ironic to people who followedthe pre-election coverage of the Attorney General Campaign. Finley has gained attention for her work legal withfor abortion providers in Western New York. Mr. Vacco's personal views are admittedly pro-life, and he drew heavy fire during the Attorney General's campaign for declining to prosecute two out offive Operation Rescue abortion protest leaders in 1992 while he was theU.S. Attorney for Western New York. SeeFlNLEYonpagcS �THE OPINION 8 The Roaming Photographer FEATURES March 8, 1995 Feature Column DanKillelea Columnist The pathetic life of a columnist by Sam Chi, Features Editor This week's question is... What are you doingon Spring Break? Randy Inniss, 1L lostitsintimidatingedge. Soasitis, I have no social life, and no resistance tothe school-spirted call to contribute theThe Opinion. Which also says a lotabouthow desperation for material will affect what a paper is willing to print. Unfortunately, I can't tell you much of anything thatinteresting or informative. I don't really know anything all that helpful, likehowto buildyour own patio, orhow tostretch "I'm studying." yourpotroastforaweek. Andlcan't think of anything inspirational, except to say that Christmas is only 9 and 1/2 months away. But since when do you need to have a point? AlfredoAcevedo, 1L school bus. The winds of social activism swept me upandcarriedme along in my search for justice. But that was passion talking. Nowadays, I'm looking out for NumberOne. I'mnolongerwriting forthebettermentofmankind, butfor all the glory and adulation that go hand in handwithbeing a columnist for a big-time law school newspaper. To be honest, I'm not sure how I'll handlethisnewfoundcelebrity. I'm hoping thatIdon'tbecomelikeEddie Vedder and get all cranky. If that ever happens, someone had better give me a shakeand say, "Hey friend get a grip." Of course, I couldgothe other routeandletitgotomyhead. Imight even end uptrying to getone ofthose pre-paid parking passes—if they weren'talreadysoldout. Buttheday my ego is too big to make the trek from the Alumni Lots to the corner office they'll probably give me, is You should be warned before the day I read the The Spectrum and reading on thatI have absolutely no see for myself what real success is with school all about. experience Which reminds me, does anynewspapers...except for the anonymous letter I wrote years ago when one know how tough it is to my best friend got hit in the eye with successfylly write one of these a snowball while waiting for the things? I was pretty sure it wouldbe nice and easy, until I realized that Stream ofUnconsciousness halfof the people who read this will should return next issue. probably thinkI' m an idiotand leave "TheBigApple (Capital of the World) " bar review ads and the like in my mailbox. I know the name of the paper isThe Opinion, but I' 11probably endupkeeping mine to my self so as not to convince the other halfof you. Whichwouldn'tevenbeallthat badwhenyou consider that only about 30people read this thing. Anddeadlines—ifyou thought finals werepressure, trycranking out one of these babies in three or four days! Suddenlyyourweekenddisappears, and any dreams you had of scoial life with it. Forget about dating; yourcommitment is to your keyboard! I know itsounds tough but itcanbedone—l'mlivingproof. To be honest though, I wasn'tsure that I'd still be making sense after two straight all-nighters. Good thing I checkedthetherug andwhile dipped the pan. All in all, the life a columnist has been good to me. When I look back, I realize these last few days may have been hectic, but I've bettered myself, and maybeeven helped eachofyousomehow. Ormaybenot. Either way, I've drained myself emotionally and stoodnaked in front ofyouall. Andlwrote my first newspaper column. So read enjoy andby all means be sure toleave this copy in thestall where youfoundit. Simpson trial. condtinuedfrom page7 JulieDowning, 2L murder. "I'm going to jam wit the Stones. On FridayI'll be jumpingthe pond to party inDublin with BonoferSt. Pat's Day. SUH." Matt Swenson, 2L " What do you mean spring break?" Liz Wolff, 1L " Working, but wishingI was in the Bahamas. Until next time. There was a time when I was sure I'd never do anthing like this— maybe it was back when I still had some self-esteem. At that point the thought ofwriting a column was like the thought of being nude inpublic. As I've grown more desperate for a social life though, even nudity has .. " Calling the evidence "an attempt to show what a deplorable character O.J. is," Carr said that the evidence "tends to run afoul of the propensity rule" and raises questions abouthow far back in time they can go. He said that the prosecution attempted to get some Erie CountyMedical Centermcdicalrecordsfrom the 19605. Finally, Carr saidthat theevidence was troubling because it might be used to "reduce the regret matrix," meaning that if the evidence is even on both sides, the jury might plug in thedomestic violenceevidenceand convict O.J. because he's a bad person. Issue #3: TheDream Evidence LAPD officer Ron Shipp, who had been a longtime friend of O.J.s, testified that the day after the murders, O.J. toldhimthathe hadhad dreams of killing Nicole. All three members of our panel agreed that the testimony should not have been allowed that it was highly prejudicial and that it had "no probative value whatsoever." Ewing said that allowing the testimony might cause thedefense to present needless expert testimony about dream interpretation and that dreams do not explain subsequent conduct. Connors went furtherand said that Shipp should never havebeen allowed to testify and thathe "conjured up a wild story" after claiming hehad no evidenceand then"statedit in court as if ithad probative value." He Finley, also said thatthe use of the statement and its impact on due process "frightens him." Carr called the testimony "reversible error #2 at least" and said that there's never been a rule allowing such evidence because it "reflects a subconscious state that can't be cross-examined." Since no one has established a relationship between what we dreamand subsequent conduct, the statement shouldn't have been allowed. "Ifwe all were heldto what appear in our dreams," he said "there wouldbefew ofuswalking around today." Issue#4: The Warrantless Search ofSimpson's Estate After the bodies were discovered, LAPD officers and detectives went to O.J.s estate. According to the officers' testimony, when they saw a spot of blood on O.J.s Bronco parked in the street, they felthe might be in danger. After no oneanswered the intercom, Detective Furman scaled thewalland let the otherofficersinto the estate. During this warrantless search, the infamous bloody glove was found. To varying degrees, all threemembers of the said that thejustification for thewarrantlesssearch panel was weak. Ewing said thatthe bloodfound on theBronco was "scant" evidence to qualify as exigent circumstances. Connors explained that any honest police officer would say that there was heightened interest in the case SeeOJ. onpage 9 continuedfn>m page 7 Finley, who as attorney for the clinics criminal charges that were referred to Vacco. She wrote a letter on Vacco's behalf which stated in part:" At no time did I have any reason to bet ieve that the handling ofthesecriminal contera pt matters by the U.S. Attorney's Office was influenced by any partisan or persooal agenda regarding the subject ofabortion.*' This letterreceived extensive media attentionand piayedasignifkant role inthecampaign. Whenasked whether there was a conflict between her views and Vacco's, Finley notedthat although many it is people disagree on the underlying constitutional issue of abortion, they arc nevertheless m agreement to clinic. harassment, ami blockade to impede access an abortion wrong to use threats, violence, "It was a central pan of Vacco's platform that be wouldprosecute people who break thelaw. Individuals whoviolatethelaw by the useoftbreatsandcocrcion will be prosecuted regardlo-v of their underlying motivation for their actions." In her view. Vacco has underscored his commitment to deal vigorously with disruptions at clinicsbvauthonzingtheAnoraeyGenerarsofficetoparticipateas anamicuscunae msupportot the injunction in the second circuit en bane heating. In her snaTetime. Professot Finley hasbecome a rather accomphshedequestnan. This past September, Finley was named Grand Champion of the Buffalo International Horse Show winning all five blue ribbons for adult amateurs. She iscurrently the proud owner ofa four year oldthoroughbred filly who she is training for a show jumpingcareer. �FEATURES March 8, 1995 OJ. Innocent or Guilty ?,continuedfrom page8 and more interest in solving the crime, which he said factored into the decision to conduct the search. He said that the police "pressed the edges of the envelope and beyond" becausethey conducted thesearchand then went back and got evidence to support the search after the fact. Carr analyzed the i ssueby comparing i t to a recent case in New York City where a womanjumped out ofthewindow of an apartment building and was found with a bullet wound and a stab wound. He said thiswas an instance where the police could say there was a good chance that a crime took place, "yet the police didn't use stormtrooper tactics" to go inside. They waited until the woman woke up later in the hospital before searching the building. Carrsaid thatthe amount ofbloodfound on the Bronco was insufficient to create exigent circumstances. He also said that the judge's decision to admit the evidence from thesearches was " abadruling," because both searches were conducted in bad faith. The second search, conducted with a warrant, showedbadfaithbecause the officer securing the warrant stated that O.J. had left town "unexpectedly" even though thepolice knew thatO.J. was away on business. Issue #5: The JuryView The jury went on a day-long view of the murderscene andalsodroveby orvisitedother places involved in the case such as the Mezzaluna restaurant and Simpson's estate. Both Connors and Carr said that, while aren't unheard of, they aren't done views jury that frequently either. Connors said that the jury's trip "was closer to a re-enactment than a view" because it took jurors on a trip of the whole trail involved, rather thanjust viewing themurder THE OPINION MoreBarristers' Ball Photos! scene. He said the jury view was out of proportion," which he said characterizes the entire case. Carr said that, in this case, the view probably helped the jury to understandwhat happened and "is one thing that may move it closer to a justresult." He feels that theview was valuable because the time of death is so important in the case; as a result, the view of thevariouslocations gives thejurors a feel for the time it would take to walk or drive to Nicole's residence from therestaurant and thetime it would take to drivefrom Nicole'shome to O.J. 's es- "You certainly make my life interesting every day." -Judge Ito tate. General Impressions Carr believes that there has already been enough error to warrant a reversal ofany conviction, focusing on the dream testimony and the admissionofevidence seizedfrom the warrantless search of the Simpson estate as the two major errors. He also said that, so far, the prosecution's case is "weak" since they have failed to place O. J.at the scene or evenrecover themurder weapon. said that if thetrial stopped today, wouldbe enoughreversible error to throw le conviction, but added that all the cvi; has to be looked at in totality, which I outweigh the errors committed so far. Connors explained that "with a case of nagnitude, any errors will be forgiven s it hurts the defendant's ability to get a ial." He feels that the appellate court is ely to reverse and order a new trial bei of the costs and problems entailed in a id trial. ling Attractions in the Simpson Trial Testimony by Kato Kaelin and Mark (cross-examinationby F. Lee Bailey); ridence; plenty of delays; and undoubtore surprises. PhotosbyMollyKociacski, AssistantPhotoEditor It was dark. It was crowded. We were drunk. The Gala event ofthe semester, the BarristerBall, was a rousing success. About3oopeople dined, drank, and were merry as they danced the night away at the main ball room ofthe [Ewing BuffaloHilton. Bi ATTENTION FTRST YEAR STUDENTS REGISTER FOR BAR/BRI WITH NO $ DOWN and receive: -> Your lowest possible tuition this semester! 1995 TUITION STATE YOUR TUITION NEW YORK $1550 $1395 MA, CT, ME, NH, RI, VT $1245 $1125 NEW JERSEY $1145 $1025 - - - NOTE: Anticipated 1997tuition: NY $1750; NEW ENG $1445; NJ $1345 -» + Review lectures for finals - • Real Property • Contracts • Exam Writing • Civil Procedure • Criminal Law + Book • Torts • Constitutional Law constitutional Year Review —> First * Containing outlines and practice questions and answers (pu s c Law outline) for all subjects listed above. \Fm JJF*K Wl NEW YORK r m*/i (800)472-8899 MASSACHUSETTS f800 ) 866'7277 BAR REVIEW PLEASE NOTE: TO PRESERVE THIS "LOCKED IN" DISCOUNTED TUITION, YOU MUST PAY YOUR $75 REGISTRATION FEE TOWARD YOUR BAR REVIEW COURSE BY JULY 15, 1995. 9 �March 8,1995 10 BRIEFS idth rive BPIuLnhapfyuwnd TheBuffaloPublic InterestLaw Program's 1995fund driveraised $5,400 donated by 231 students and 20 faculty for public interest internships in the summer of 1996. "BPILP is in a crisis situation," said Helen Pundurs, BPILP director. "We made $3,000 less than last year. Thisreflects very poorly on both thestudentsand faculty," she said. "I don't thinkwe're apublic interest law school anymore." The pledge drive's goal was to ask for less from eachstudent, but to try to maximizethe number ofstudents whogave to BPILP during the pledge drive. However, the percentage of studentswho gave was only 30 percent, Punders said. BPILPwill continue toconduct smallerfundraising eventsthroughout the year inorder to not fallbelow this summer's numberof interns, which is six, she said. Anyone interested in donating shouldgo to the BPILP office, room 612. As stated in a BPILP memo, "There are plenty of shirts leftand we can accept donations at any time." SeniorWeek planning goes forward The seniorweekcommitteeis asking third-years to provide input on activities planned forthis year's celebrations. Comments shouldbe placed in Box 564by Friday March 10. Among activities being considered are a picnic/white water rafting, a'70s funkdance at a downtown bar/tavern, bowling night,paint ball/Lasertron, an event at Hallwalls, community service(i.e. Habitat for Humanity), an event for graduating seniorswith children-painting a mural by thechildren thatwouldbe donated to thelaw school, or any activities or events suggested by the students. Public Service Fellowships available Appl ications arebei ngaccepted through Friday, March 10,for the Deans Public Service Fellowship. The program will place students with public interest organizations and government agencies involved in public service work. Last year each fellowship was $4,000for the summer. Interested second-year law students shouldforward a cover letter, resume, an unofficial law school transcript, three references, and a writingsample to Professor Joyce, c/o his secretary, Linda Kelly, in Room 523. Justice Jam benefit to be held A special appearance by singer Ani DiFranco highlights the "Justice Jam," a fundraiser for the United Farmworkers internship established in the memory ofJoe Antonecchia. The event will take place on Thursday, March 23 at theLayfayette Tap Room beginning at 8 p.m. In addition to DiFranco, alsoappearing will beNimrod Wildfire, Jazzabels, The PineDogs, and The Original Hot Cargo String Band,the UB Law house band featuring faculty and students. All fundsraised will go to fund the internship, which helps secure j ustice for migrant farmworkers. Tickets are $10 and are available at a table in front of 106 O'Brian Hall. Sponsored by theLabor and Employment Law Association and theLatin American Law Students Association. Balanced BudgetAmendment defeated in Senate The U.S.Senate fell two votes short ofthenumberneeded to pass the Balanced Budget Amendmentto the U.S. Constitution and sendit to the states for ratification. The amendment wouldhave required the federal budget to be balanced by 2002. TheSenate vote, whichwas originally scheduled for Feb. 28, was delay ed by supporters oftheAmendment i nan attempt to persuade one of thefive undecided Democrats to their sidebut were unsuccessful. Supporters were only one vote shortuntil Senate Majori tyLeader Bob Dole changed his vote. Democrats andPresidentClinton claimedtheamendment would have passedif Republicans had agreed to protect Social Security from the cuts required to balance the federal budget, a claim Republicans disputed. Republican leaders announced that theissue was not dead and pledged to re-introduce the amendment in three months. "Quote" of the Week 'We're not going to discuss this in the newspaper." — Dean Nils Olsen as lie bounced Opinion reporters from the secret faculty meeting. NEWS THE OPINION New Jessup team selected for Toronto competition byLeslie P. Machado, Reporter Under international law, what rights and obligations are owed by one country to anotherafter an environmental disaster? Almost 70 first-year law studentsaddressed that question aspart oftheJessup InternationalMootCourt Competition, heldbetween Feb. 13 and 25. The Board selected 21 students as Junior Associate members and chose 12, including fouralternates, to represent the UB Law at the Fasken Campbell Godfrey InternationalLaw Moot compe- overall caliberof competition," said Alisa Lukasiewicz, coach for the Fasken team and director ofthe competition. "I hope the competition sparked interest in developing oral advocacy skillsand I hope this interest carries over into next year's com- petition." The problem required the stu- "I was very impressed with the overall caliber of competition." AlisaLukasiewicz, Fasken team coach -- titiontheweekendof L March 17-19 in Toronto. The members of the 1995 Fasken team are: Menelik Alleyne, Daniela Almeida-Quigg, Matthew Fischer, Prudence Fung, Kristina Karle, Kathryn Lee, William McDonald, Celeste Murphy, Denise Neuhaus, David Pfalzgraf, Scott Philbin and Jeremy Schulman. Fischer, Fung, McDonald and Murphy were selected as alternates. Also selected for board membership were: Valerie Bradley, Derek Brocklebank, Tony Fisher, James Gerlach, Matthew Hawlrins, Michael Kotkin, Gilardo Miguel Garcia, MariannePansa and Roxanne Williams. "I was very impressed withthe dents to represent thefictional country of Agistanus before the International Court of Justice. Under the facts of the hypothetical, an earthquake in Agistanus had released a toxic substance into a river which traveleddownstream i ntoAgistanus' neighbor, Behestoon. The student, agent for Agistanus, argued thatthe country's actions following the incident were in compliance with international law. The problem was the same one argued by membersof the Regional Team in Boston in early February. Members of the Fasken team said they found the experience both rewarding. "At the time, people were yelling and screaming and I didn'tknow what was going on," Almeida-Quiggsaid. "But now I can see thatit was a really goodexperience. From thepractice round untilthe finalround on Saturday, I was much more advancedand much more at ease with people asking me questions." "It really gave me an opportunity to practice a skill not taught in first-year courses:publicspeaking," Pfalzgraf said. "It allowed me to conquer the fear thatI have towards public speaking." "I was shocked that I madethe team," Karle said. "I definitely felt more confident as the rounds progressed. The best part is having people working with us, developing our oral skills. The fact they [the coaches] are so excited makes me more excited." UB Law has enjoyed immense success at the Fasken Campbell Godfrey Moot Court competition in recent years, winning it threeof the last four years. Otherparticipating schoolsinclude Syracuse University, Cornell University, theUniversity ofToronto, Queens Universityand Osgoode Hall at York, thelatterthree being Canadian law schools. Last year, the team swept the awards. UB Law was selected as the "Best School;" second-year law students Peter Beadle and Kristen Jones were chosen as "Best Applicants;" and second-years, Scott Rosenberg and Karen Bailey, were selected ,as. "Best Respondents." Bailey also won "Best Oralist." J\€W O UrVICUIWTIy continuedfrompage 1 the last week in August. "This will enable students who want to work theentire summer to do so assuming they can find a job," Olsen said. Classes will end on Dec. 8, with finals running from Dec. 11 to 21. Spring semester will be different from past years. If studentstake advantage of "mini-courses" they will return to UB Law on Jan. 15. Mini courses will end on Feb. 2. For the rest of the students, the regular spring semester will begin on Feb. 5 and continue until May 3. Exams wi 11 be given from May6 to May 17, with Commencement tentatively scheduled forMay 18or 19. Returning upper division students might think thatclasses seem to be longer next semester and they would be right. "Class hours and 'real' hours will now be the same," said Olsen. A three creditclass will now meet threehours perweek; thus, classes meeting two times per week will be 90 minutes in length, instead - of the current 75 minutes. Karen Waltz, Registrar, confirmed the new class schedule. Beginning in September, classes that meettwo times a week will run for 90 minutes and begin at 8 a.m., 9:45 a.m., 11:30 a.m., 1:15p.m.,3 p.m., and4:4sp.m. Classesthatmeetonce a week will begin at 8 a.m., 11:30 a.m. and 3 p.m. and meet for three hours. A new "concentration" will be offeredfor secondandthird-years, "Community Economic and Housing Development." Admission to theconcentrationwill be bypermission of the instructor and class size will be small. Further details will be upcoming on this concentration in the next several weeks. Another innovationfor the upper-class may be anintensivewriting course incorporating elements of the New Curriculum. Details onthis offering will alsobe forthcoming. The timeframefor registration for next semester has not been set yet. "We are still working on it, and we hope to be in a position to begin registration soon," said Olsen. Waltz confirmedthatshe hopes to be in a better position to answer questions after spring break. "We hope to have the process started by theend of March or the beginni ngof April and to have everyone registeredby thetime exams begin." She hopes to have a list ofFall courses availablefor students by April 17. A memo was sent to professors last week asking them what courses they wouldliketo teach next to teach next semester, and the results have not as yet been finalized. Waltz also confirmedthat the law schoolhasreceived totalcontrol overroom 107and rooms 209,213 and 214 onthesecondfloor. Theserooms will be integrated into next semester's schedule, eliminating overcrowding that has occurred in the past. Death Penalty enacted, continuedfmmpagei 1,aseparate sentencingproceedingwill be conducted in frontof thetrial jury, which will weigh aggravating and mitigating factors. If the aggravating factors outweigh the mitigating factors, thedefendant will be sentenced to death; if the mitigating factors outweigh the aggravating factors, a sentence of life without possibility of parole will be imposed. The jury's decision must be unanimous. The court is empowered to set aside a death sentence in some circumstances, but cannot set aside a sentence of lifewithoutparole. If the jury cannot make a unanimous decision, a life sentence (with possibility of parole) will be imposedby the court. Jurors can be excluded from a capital case if their support or opposition to capital punishment will prevent them from rendering an impartial verdict. The law permits an appeal from a death sentence on the groundthat the sentence was imposedbecause of the defendant's or the victim's race. Appeals of death sentence will go directly to the New York Court of Appeals. The law also provides for a hearing to determine if the defendant is mentally retarded; if s/he is, a death sentence may not be imposed and the court will impose either a life sentence or lifewithout possibility ofparole (unless the murder occurred in prison, in which case, a death sentence may still be imposed). In addition, thelaw prohibits mentally incompetent persons from being executed. Regarding funding of death penalty cases, the law provides that theNew York Attorney General's Office will assist local District Attorney's Offices inpaying for the trials and appeals of capital cases. �NEWS March 8, 1995 THE OPINION 1 SBA Meeting, continuedfrompage 6 of sexual orientation, and the policy calls into question the office's commitment to stand against such discrimination. It then asked the attorney general to reconsider his decision. SBA PresidentBen Dwyer(who votes only to break a tie) passed out copies of the letter to the class directors prior to the discussion. He said that the letter writing campaign would provide a way for students toprotest the policy without disrupting this year's commencement, at which Vacco has agreed to speak. Machado said thathe felt the letter campaign should not be endorsed by the SBA, in part because thestudent body was divided on the issue. "Since when does the SBA gets involved in politics? " Class DirectorBrian Carlan, 3L, asked. "What do you mean?" Stroud asked. "We've got 60 letters downstairs going to Pataki." SBA Parliamentarian Adam Easterday said thatthe SBA was entitled to sponsor the letter writing campaign against the proposed budget cuts to UB as representatives of the students, but they weren't entitled to take stands on political issues. Class Director Sandy Fazili, 2L, opposed lending the SBA's name to the letter writing campaign on the ground that the SBA is the voice of the student body and that there is no strong sentiment either way on Vacco speaking at the commencement. Class Director Bob Callahan, 3L, said that while few students would be upset about affixing their names to the contents of the letter, he was afraid thatthe issues addressed in the letter would become entangled in the issueof Vacco's invitation as commencement speaker. Dwyer said thatkeeping these two issues separatewas the very reason he brought the letter to theSBA. Stroud objected to suggestions that the issue does not involve the law school. "It ignores the fact that I exist. I am a law student. I am a lesbian. Therefore the issue affects thelaw school," Stroud said. Fazili said that she was asking themembers of the SBA, asrepresentatives of thestudentbody, to look at the issue from herpoint-of-view. He said that, personally, hewould be happy to sign the letter, but thestudent government should not make a statement on behalfof thestudentbody without more support on the issue from thestudent body. Stroudcountered that people think that protection from discrimination on grounds ofsexualorientation doesn'taffect them if they are heterosexuals but that everyone has a sexual orientation, and thus everyone would be protected by a nondiscrimination policy. SBA approves additional $500 for Recognition Dinner The SBA was considering another issue prior to the debate, but it was unable to vote due to a lack of quorum (only 11 members were inattendance). Thirty minutes into the meeting, a proxy vote was obtained from Treasurer Elizabeth Jewett and 1L Director Gil Michel Garcia arrived, giving the SBA a quorum to vote on funding theStudents ofColor Recognition Dinner. This annual dinner is co-sponsoredby four student associations: TheAsianAmerican Law Students Association, The Asian American Law Students Association, the Black Law StudentsAssociation and theNative American Law Students Association. The event is open to all law students and is scheduled for April 6,1995 at the University Inn. Oscar Gonzalez, 2L, JoeKhanna, 3L, Shelley Chao, 2L andSudaManickam, 2Lspoke in favor ofadditional funding. TheSBA last year allocated $4,000for the dinner. This year, $2,000 hadbeen budgeted. Therepresentatives ofthefour associations were asking for an additional $2,000. . e .. A^ 29 and 30 il March U eS ay , • Free Press Amendment HI DOX #1U Referendum ■jVk*« \/\\ / more to go? --- J ~~s — J$L __J O) ■- <omz> \ \-^^^^W MM \ol^swi iJ rjO j ~ \ ~v!^\ . .' . .v W / / v . ~ "' GreatnorkJoe.-Staff Sam, Soonshe'll heallyours! Ben, Thanhfor the t'i::a!It helped. ■--Staff lEXJSpeopte.Von'tbesoifuickiiilhyourerasersi-madman. -- theanli-establishment ~,■,..'.. , Thisbreakcomesalakickasstime! To you know who, Sorry about that! Jennie, Ilove vou'-.E HeyBob, You're sick."! - l m * Change m publication schedule! The next edition ofThe Opinion will be the 1995-96 SBA General Election Guide to be published Tuesday, March 28, the day before the SBA Election begins. The next regular issue, originally scheduled tor March 29. will be delayed in order to cover the results oftheSßAElection. Greetingsfrom thepostcardsfrom the edge! Q Now that's what 1 calla beer! E -E ll'you'rereading this, thank\ou i; /""> L P. Ho*many _' , .|i,i.j^;Mwijiiiiw tfyou don t stop yduYTriend'fromdrinngdfunk. who\\-ill? ca11 x2147 J so^r \\ &**eAaam. Killed by a dmnh diivcnviMarch 23, 1993, on PtitifiL Coasl Hie/iiuiv inWilmington, Calif. ; w*%r\-**f\ to feA^f :« * liuormation, *w more iit'lA'f««W'h "j> rHave A Great Break! J l K*-T _ TV***'* I #1111 l 111I & f?" i> HI VvllC* ~ " v Election to be held , , Sunday, March 26 • i • TT University •* Council Jkb O - March 21 ---// WKmkUtbm Letters ofIntent , •SBA Executive officers x LATIS Gets Waiver for Advisor TheSBA also by acclamation granted awaiver to theLaw And Technology Issues Society to permit a memberof thelaw library faculty, to serveas faculty advisor to LATIS. The waiver was necessarybecause Dow is considered part ofthe university faculty and the SBA Constitution requires that advisors be members of thelaw school faculty. All positions open. from 9 a.m. to 4 p.m. outside the law library. a Machado said theSBA did not have any money toallot and suggested raising the ticket prices. Michel-Garcia suggested a compromise, in which $300 wouldbeallottedand thestudents charged $6-7 dollars a ticket. His motion to thateffect was defeated, with only two directors voting in favor. The motion was a hostileamendment to a motionthat no additional fundsbe granted. A secondhostileamendment to end debate and grant $500 for the dinner passed by a 6-5 vote. "I wish we had gotten thefull amount, but a compromise is acceptable," Gonzales said. "It's a shame that we didn't get funding from the law school administration." Gonzales said that the associations would continue to seek alternative financing. Editorial Board Elections 4 . $5.00. The Opinion SBA General Election . Dwyer said thatthelaw schoolused to provide funding for the dinner, but there was a falling out between theadministration and the associations regarding who would choose the speaker, so funding was eliminated. Dwyer proposed that the associations charge $5.00 per ticket for thedinner and seek $500 from the school's Mitchell Lecture Series fund. TheSBA agreed to allot $500. Dwyer said thattheSBA couldn'toffer morebecause it is already below the 10 percent allottedfor an emergency cushion. Chao said that studentswouldbedeterredfrom attending ifthey were charged . j ■ '" Pataki ' ' ' '' '" '"'" '"' "'' '' isn't Satan. Ofcourse he is! Wedefinilelydon'tgetpaidenoughforthisshit! ToQ&A. Who thefuck knows? (Sorry, profanityisn't cool.) Personals are-FJtEE!! '.' Placeyourpersonals in box tt 10andwe J,/ 'W^*?*^/*'.**"'. '* t '* — �12 THEOPINION March 8 J 995 BAR/BRI BULLETIN DATES TO REMEMBER DAY/DATE EVENT SUNDAY, FEBRUARY 26 Lecture: Location: Time: Tuition: MPRE REVIEW (Tape Lecture) ROOM 106 10AM 2PM FREE for BAR/BRI enrollees - FRIDAY, MARCH 10 multistate professional RESPONSIBILITY EXAM (MPRE) TUESDAY, MARCH 21 D 1995 book distribution begins NY TUITION ENDS - $1425 ($1500 tuition until April 12) 3) CLASS OF '96 - $1395 NY TUITION ENDS ($1425 tuition until April 12) 2) CLASS OF '95 NOTE: - CLASS OF '97 & '98 $1395 NY TUITION CONTINUES UNTIL APRIL 12 FULL NY TUITION $1550 WEDNESDAY, APRIL 12 last day for.- d book pick-up 2) DISCOUNTED TUITION THURSDAY, APRIL 27 filing period begins for JULY 1995 NY BAR EXAM MONDAY, MAY 22 ny SATURDAY, MAY 27 filing period course begins at live location ends for JULY 1995 NY BAR EXAM TUESDAY, MAY 30 ny course begins at tape locations BAR REVIEW buf-s95 � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Opinion, 1995-03-08 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. Opinion Vol. 35 No. 11 Date Issued Date of formal issuance (e.g., publication) of the resource. 3/8/1995 Bibliographic Citation A bibliographic reference for the resource. Recommended practice is to include sufficient bibliographic detail to identify the resource as unambiguously as possible. 35 11 Publisher An entity responsible for making the resource available University of Buffalo State University of New York at Buffalo Law School Language A language of the resource eng Type The nature or genre of the resource Newspapers Text Is Part Of A related resource in which the described resource is physically or logically included. LIB-LAW003 Rights Information about rights held in and over the resource <a href="https://rightsstatements.org/page/CNE/1.0/">COPYRIGHT NOT EVALUATED</a>. The copyright and related rights status of this Item has not been evaluated. Please refer to the organization that has made the Item available for more information. You are free to use this Item in any way that is permitted by the copyright and related rights legislation that applies to your use. This digital collection is made available for research and educational purposes. Researchers are responsible for determining copyright status, and securing permissions for use and publication of any material. Copyright for items in this collection may be held by the creators, their heirs, or assigns. Researchers are required to obtain written permission from copyright holders and the University Archives prior to reproducing or publishing materials, including images and quotations. For inquiries about reproduction requests and permissions, please contact the <a href="http://library.buffalo.edu/archives/">University Archives</a>. If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/6d46e7c6f17293c0c020e1b2ed49d1f8.pdf bf7dfa4b58771f5190775c1d97c48d3a PDF Text Text :: | ;: S:'/v-.- ■ ■'.\-.-:K^:^■''■■■''^:^-W^-'\^: _J f\ i?r\ UJr\tLU pi ■ 9 I in (new grades yetr. ShouldVacco'sinvitation to speakatcommencementbe See story page 3, J7J7/4 TTT&IPQ rescinded? See pages 4 and 5. Whosaidmicrowave popcorn isn't a sexual experience? Column on page 8. Bringing theissues to thestudents since 1949 THE OPINION Volume 35, No. 10 STATE UNIVERSITYOFNEWYORKAT BUFFALO SCHOOL OFLAW February 22,1995 To speak or not to speak Severalprotestors challenge Committee's decision to invite Vacco to speak at commencement , byßosannaßerardi, Reporter and Joseph Broadbent,ANseEtw.diorAsst. News Editor nation on the basis of age, race, creed, color, national origin, sex, disability or marital sta- year's representatives Attorney ing ing Approximately According they Attorney protected keynote Attorney place anti-discriminationpolicy speaker, against against shouting by Wednesday, Atover LesGener pol iofhiprThe pwas Koppel Mc15 spokesnLreeist ooHuman year grneetubiiucce5slraamcrhtsdiendentinstctstclmisie,n,anoeyehnteoyg-iaol-lsr,dt'inseo,., the when to in remained issued from order Law. Dennis classes created Robert man turned Bisexual the remove homosexuals that Commencement for his The to into the and Abrams conform C. the office's took General' Law Commencement in Vacco. order learned a enforced sexual force hostile Students General's to from and with to s for of remove orientation office. Chris on Oliver the Vacco's General'sof thepast Committee'ss 15 the Feb.Riin Vacco' mat1meet this lr(Gay, a from of the and oVacco iclGBLS) ddecsCoditKficent has stsexual The Commencement Committee meeting that took place on Wednesday, Feb. 15 turnedinto a hostile shouting match over this year's keynote speaker, Attorney General Dennis C.Vacco. Approximately 15 students, including representatives from the Lesbian, Gay, and Bisexual Law Students (LGBLS), protested the Commencement Committee's selection when they learned ofVacco's recent decision orientation from a list of classes protected against discriminationin the Attorney General's office. The policyprotecting homosexuals against hiring discrimination in the Attorney General's office was initially createdand enforcedby Vacco'spredecessors, Robert Abrams and Oliver Koppell, and has remained in force for the past 15 years. According to Chris McKenna, spokesman for the Attorney General's office, Vacco issued theorder to remove sexual orientation from his office'santi-discriminationpolicy in order to conform withthe state's Human Rights Law. to remove sexual tus. The protestors expressed outrage by the Committee's alleged "private invitation" to Vacco. Members of the Commencement Committee defended theiractions by stating that, traditionally, the keynote speaker, unlike the student and faculty speakers, is not decidedby popular vote. Instead, the Commencement Committee is open to any thirdyearlaw studentwhowishes to participate in planning graduation activities. Committee member Alan Rosenthal explained the chronology of the Committee's Attorney GeneralDennis Vacco activities. "He did not want to go beyond the state He saidthe SBAsent a noticearound the I aw to create new protectedcl asses thathaven't secondweek of January that invitedall thirdbeenrecognizedbytheLegislature,"McKenna year law students who wished to participate said. "[Vacco said] it's not his role to add intheselectionof thekeynote speaker to join things to thelaw, but only to uphold existing the Commencement Committee. A week laws." later, those interested attended the first ComMcKenna added that Vacco said it's up mittee meeting,, according to Rosenthal. to the Legislature to add sexual orientation to The Committee thenproceeded to narthe list of protected classes. The state's Hurow down the list of possible candidates for man Rights Law currently prohibits discrimikeynote speaker and ultimately decided to Power of the pen: invite Vacco, who accepted the invitation, said Rosenthal, 3L. It wasn't until Vacco issued his order to remove sexual orientation from his office's anti-discrimination policy that other students took interest in the Committee, he said. According to Rosenthal, the Committee was charged with selecting a keynote speaker for this year's commencement. The Committee's other responsibilities included handling ticket policy, organizing student speaker nominations, choosing a faculty speaker, and arranging thereception following graduation. Opponents of the Committee's decision requested thatthe Committeerescind the invitation toAttorney General Vacco. At that point, what started out as an organized committee meeting degenerated into a verbal war ofinsults andprofanity. Students routinely cut other students off and resorted to shouting to get their points across. Within minutes after one student was appointed to moderate the discussion, theshouting match resumed as students ignored the moderator and others who were patiently waitSee VACCO onpage2 BPILP Fund Drive! to restore death penalty , SBA launches letter campaign to fight SUNY budget cuts by Steven Dietz, Reporter The Student Bar Association Feb. 20 announced theinitiation ofa letter writing campaign against the proposedbudget " state representatives and to ■ make sample letters available. For example, some students will be targeted through their research and writing classes. The letters, which were drafted by First-year Class Director have an interest in was initiatedby the SBA as part of the efforts of UB United, a university-wide arranging to have class directors set aside time in various classes to inform students of the campaign, to encourage them to write letters to "All law students SUNY. The campaign cuts to this. ' — Ben Dwyer student coalition, to fight the cuts. "All law students have an interest in this," said SBA President Ben Dwyer. "Everybody is directly affected by the budget cuts." Dwyer, at the SBA meeting, announced thatthe association was < ■nica Rodriguez, are addressed ivernor George Pataki, State te Majority Leader Joseph Seel£TTEßonpage2 Each spring, theBuffalo Public InterestLaw Program holdsa week-long FundDrive in support oftheSummerInternshipProgram. Thisyear's drive, which is being heldon thefirstfloorofO 'Brian Halloutside room 106,began Monday, Feb. 20, and will endFriday, Feb. 24. The money raised by the drivegoes directlyto funding the summer internships. "No donation is toosmall," saidHelen Pundurs, BPILP coordinator, who hopes to secure 100percent participation from studentsandfaculty. For a donation of$5you receive a BPILP button; $10 getsyou a BPILP mug; $20 buysyou a BPILP T-shirt; and$50 getsyou two T-shirts or one T-shirt anda button and a mug. Shown (l.tor.)are: Alexandra Rivas, 2L, JuliaHillel, 2L, PamelaBranch, 3L, andPundurs, 3L. UB Law adds 3 new professors for next year by Evan Baranoff, Editor-in-Chief The three new law professors hiredfor next year include a couple of new names, as well as one that may be familiar to many UB Law students. Susan V. Mangold, who currently teaches part-time at UB Law, was hired as a full-time, tenure track professor for next year at UB Law. MarthaT. McCluskey ofNew York City andTeresa A. Millerof Miami ieachwere also hired as full- Susan Mangold "Teaching as an adjunct, you ime, tenure only get paid to teach and not to do research," she said. Now, she said, Mangold, who is currently EvidenceandtheChild n course at UB Law, said she "very fortunate" to have the opportunity to beafull-time faculty ■ngthe member. rack professors t UB Law, acording to the )ean's Office. State set research will be included in her responsibilities as well. Mangold said that, when she first came to UB Law in the Spring of 1993, she didn'tknow for sure if she wanted to teach, but, after teaching here at UB Law, shesaid "it's definitely what I want to do." She said she is particularly excitedabout UB Law's focus onpublic interestwork. Mangold said thatshe doesn't know yet what she will be teaching next year. "It depends on theneeds ofthe university,"she explained, but added that she hopes to be able to continue teaching courses in Child Advocacy. Mangold received herJ.D.from HarvardLawSchoolinl9B7. AtUB SeeNEWPROFSonpage2 byJoeßroadbent, AssL NewsEditor State lawmakersand Governor Pataki came to an agreement last Wednesday on a bill which would bring thedeath penalty back to New York, a bill which the governor has called "the most effective in the country." The bill, which still must be approvedby the Senate andAssembly, wouldallow prosecutors to seek the death penalty in murders of police officers, criminal witnessesand so-calledfelony murders, as well as in cases of contract killings and serial murders. Jurieswouldalso have the options of imposing sentences of life in prison with or without possibility ofparole. Capital punishment could not be imposed on thoseunder 18 or on the mentally incompetent. Executions would be performed by lethal injection, which was called for by Pataki as being the most humane form of execution. Under theproposedlegisl ation, defendants could appeal death sentences on the ground that theprosecution was racially motivated. The New York statute wouldalso be the first deathpenalty statute in the country to permitprivate, individual questioning ofprospectivejurors to screen out racial bias. SeeDEATHonpagelO �NEWS February 22, 1995 2 THE OPINION Emergency phone installed in O'Brian basement by Jessica Murphy, Reporter Hey, all you locker rats, notice anything different lately? If not, be sure to stop by and admire thebrand new safetyphone, which was recently installed through the combined efforts of George Hamboussi, StudentBar Association first-year class director, and the UB Law School administration. Mirrors grace the walls as well. The fire-engine red phone is a personal safety measure thatdirectly linksanyone who needsit toPublic Safety. Actually speaking into the phone is not necessary for response from public safety officers; just knocking the phone off thehook will prompt Public Safety to come to the phone's location to investigate, said Hamboussi. Finding the phone is easy; just look on the side of the basementwith the most lockers and you'll see a bright red phone on the wall. Ifyoulookaround further, you'll see more. That's because the lightinghasbeen improved, too. Mirrors have also been added to increase student visibility around corners. has committed himself to making every necessary safety adjustment that the student body needs. "The administration's goal is to resolve problems like these because studentsshouldn't have to live with these concerns during their legal education," he said. Hamboussi agreed, "Dean Carrelis determined to help andwork with our concerns, and not only to prevent the possibility of something happening, butalso to relieve thetensionof going down to the basement. We are all serious student awareness and alleviate fears. "Student safety is our paramount concern," said Carrel. Public Safety representatives presented the possibility of holding personalsafety andself-defense ses- -- The newsafetyphone in thebasement only needs tobeknocked offthe hook —Ml *■————l—■—El? to alertPublicSafety. "I said I would try to help out, andl'm happy tosay it seems like the workis paying off," Hamboussi said. Dana Campbell, IL, said, "I can't really see inany ofthe mirrors, so they don't do anythingfor me, but the lighting is definitely better. I think the phone is terrific." One ofHamboussi's campaign goals was to improve basement safety. Throughout last semester, Hamboussi consistently met with Deans Alan Carrel and Marlene Cook, SBA President Ben Dwyer and Public Safety officials in order to pinpoint safety problems and to Vacco % invitation challenged^ ing their turn to speak. At one point in the debate, some opponents wanted to rescind the accepted invitation without consulting the rest of the third- year class. This sparked heated discussion over studentparticipation and censorship, with supporters of theCommittee'sdecision accusing the protestors of "censorship" and "coddling their own beliefs"and opponents of the Committee's decision claiming thatthere was no issue of censorship whatsoever. Some opponents accused Vacco of timhis ing change in policy to coincide withUB Law's invitationand of accepting in order to show that he is opposed to gay rights, an accusation that Erik Larson, 3L, called "insulting." Nancy Stroud, 3L argued thatallow- discuss remedies. Still a major concern are the lockers which are isolatedfrom the mainlocker area. These lockers are positioned to the leftof theelevator doors, hiding themfromgeneral view. Discussionhasaddressed moving the lockers to thecommon area but, as of yet, no firm plans have been made. Hamboussi saidthatotherideas were bounced around, but priorities were closing off the potentially dangerousareas, putting all of thelockers together and adding a safety phone. He said theimproved lighting and installed phone will increase sions for UB Law students. Hamboussistill seeksfeedback concerning possible self-defenseclasses andsaidthatPublic Safety would be more than happy to provide the law community with professionally-trained safety experts. The storage areas that the university provost uses was another maj or subject. Hamboussi explained that the spaces on either side of the wired fences are darkand could pos sibly be used by an assailant to drag a victim into or in which to hide. Hamboussi's plan for this semester is to approach the administrationwiththeidea ofaddingpeepholes to the offices in the basement area. He also wants to explore the possibility of distributing free whistles to the general student body. Many of the remedies need money to beproperly solved. Carrel - Dean Alan Carrel stated that "at this point, the law school is leaving it in the Com- mittee's hands." Carrel also explained that the Attorney General's office has indicated that it will not ing Vacco to speak at graduation would be discriminate in anyway when makingemployment decisions and that it will be "pleased" expressing approval ofhis policy change. Committo sign a statement promising not to allow supporters of the In response, tee's decisionfocused on the things thatVacco discriminationbased on sexual orientation. has done to promote the law school to demonBy signing the statement, which CDO strate that his acceptance of the invitation requires of all on-campusrecruiters, theAttorwasn't sinisterand premeditated. Many memney General's office would be permitted to bers oftheCommitteeexpressedtheirconcern recruit on-campus, despite the change in its anti-discrimination policy. over rescinding theoffer due to Vacco's commitment to the law school and community. CDO Director Audrey Kosciel niak conLarson statedthatthe proposed recission wouldbea "slap inthe face" to a distinguished firmed Carrel's statement that the Attorney alumnu^ General's Office will be permitted to recruit on campus, provided it signs the CDO nonAfter two hours of intense debate, both discrimination statement, stating that the Ofsides agreed to circulate a petition to all thirdfice has not made a "positive statement" that year students asking for their opinion on the it intends to discriminate, whichThe Army has done. As a result, the two recruiters would not Vacco speech. Students will have the opportunity to sign the petition at tablesoutside the be treated the same way. place that wouldbe really great to teachat." she said. She saidthat she was very impressed with t> -1 she bearda number ofUBLawprofessorsspeak, iiiiii McCluskey said nothing basbeenset as far as what courses she wjU teach, but said thereare a v umberofpossibilities. She saidshe is interested m insurance law and workers' compensation law. Sheateosaid that she hopes to teach a seminar in Fertii- mencement), have two speakers or have a massive protest. However, Marie McLeod statedthat two speakers would not be feasible due to time know 'Tin f more of the faculty and students and am looking forward to being there [ÜB} next year," she said. McQuskey receive: from Yale Law School In 19S«and Is currently finishing upher LL-M. at Columbia Law Sihoul. constraints. Opponents confirmedthat, shouldVacco speak at Commencement, "there will definitely be a protest." In respect toother issues, the Committee announced that six students have expressed interest inthestudent speakerposition. The six candidates will be placed onaballot and voted on by the third-year studentbody. Miller, who is currt. Herman Matfes. Students will have an opportunity tomeet andspeak with roject coordinator of the Volunteer Lawyers' Project for the Southern District ofFlorida, could not be reached by press time. Millerreceived her J D. from Harvard Law School in 1986 and completed her LLM. at the University of Wisconsin School ot Law in 1989. Also, ticketsfor the commencement ceremony will be distributedthis week; students will have two weeks to pick them up. letters verbatim. He said the letters are much more effective if they are addressed to thestudent's own staterepresentatives and do not lookmass produced. Class directors visiting classrooms will bring withthem lists of the names and addresses of all state senators and assemblymen and thelocationsof theirdistricts. They will also haveinformationpackets about theeffects of the proposed cuts. Students who wish to get involvedfurther can sign up in the Student Union to go to Albany on Monday, Feb. 27, to demonstrateand lobby at the state capitol, said SA President —■» Mod uskey saidshe was attracted to UB Lew's "humane and innovative approach to It After the meeting, students onboth sides of the debate reflected on the meeting. Jay Kalasnik, 3L, said that "it's hypocritical that we're a diverse school except for political viewpoints." Another student stated that "it's scary; how close we came to having a few people make an enormous decisionthat will impact the entire class of over 200 students." Nancy Stroud said, "as I see it, there are four choices: rescind the offer with explanation, rescind in principle (students would rescind but Vacco would still speak at Com- —— La w, shehas worked on developing achild advocacy component to theDomestic VjolenceQirtlc. Mangold is cling the Family Violence Applied Research McKenna said that Vacco has "not intentionof considering aperson's sexualorientation," adding that only a candidate's "experience and professionalism" will be considered in the AG office's hiring decisions. preparation for real world challenges attorneys face. "The cuts call into question the ability of theadministrationto implement the new curriculum next year," Dwyer said. "They won't be able to make the changes to make this a better law school." Dwyer said that class directors will encourage students to compose their own letters and not simply copy the model crmtutuedfrompage 1 —.—„ Letter campaign against SUNY cuts> continuedfrom page 1 Bruno and State Assembly Speaker Sheldon Silver. The letter states that, ifimplemented, the elimination of the Educational Opportunity Program (EOP) and cuts to the TuitionAssistance Program and otherfinancial aidprograms, combinedwith a significant tuitionhike, will result in a large and immediatewithdrawal ofUB law students. Rodriguez said that thisis not just a concern for minority students, since thereare many poor white studentsthat will be forced to give up theirlaw studies by theeffectsof the proposed cuts. "This is not a color issue, it is an economic issue." Rodriguez said. Students who will still be able to afford law school and third-years will also be adversely affected. "The law school will beforced to accept lesser qualified students who can afford to pay," Rodriguez said. "This will cause the reputation of thelaw school that we have worked so hard to achieve to be tarnished." The letter also states that the proposed cuts threaten the implementation of the long-awaited new curriculum. The curriculum will stress the acquisition of practical skills and inglocker room safety improvement plans. Hamboussi saidheneeds the feedback in order to make any more significant safety improvements. If you're interested in a Public Safety/SBA sponsoredself-defense class or any other safety problem, contact Hamboussi (box 687) or another SBA student directorknow. \New Profs,y continuedfrom page 1 law library or during third-year classes. The results ofthe petition will be evaluated by the CommencementCommittee at its next meeting to be held Thursday, Feb. 23 at 11 a.m. in Room 207. Once the votes are in, theCommittee will decide what it will do next. Commencement Coordinator Marie McLeod stated that a decision must be made inthe next threeweeks before theCommencement programs are due to be published but added that the decision "shouldn't wait until the last minute either." about making people feel safer." Hamboussi statedthathe plans to continue working on basement safety improvement this semester but that his success depends on student feedback. He wants as many responses aspossible for his continu- theirstate legislators and tellthem how the proposed cuts will affect them personally andaffect theschool as a whole, Matfes said. Busses to Albany depart from thestudent union at 3 a.m. Feb. 27. There is a sign up sheet in the union. Seats on thebus are on a first-come, first served basis, according to Matfes. "I wouldlike there to be not enough room on our sign up sheets so we have to make up more," Matfes said, "We always need more students." Matfesalso encouraged students to sign petitions protesting the budget cuts available at the UB United table in the Student Union and to register to vote if they haven't done so already. After the demonstrations, representatives ofUB United will stay inAlbany to continuelobbying to. n additional day. A delegation from UB United will return to Albany on March 7 to continue their efforts, Matfes said. Legislators are expected to vote on the state budget on April 1, according to Matfes. Rodriguez said:"All of us havfaSiMfirr mt&iogether." ■- * r f r r r .- , * j j *'.' �NEWS February 22, 1995 THE OPINION 3 Most professors meet grade deadline by Evan Baranoff,.Editor-in-Chief Sixteen grades of a total of94 courses and seminars were not submitted by the Feb. 15 deadline, according to Karen Waltz of the Registrar Office; however, by press time yesterday, only 10 ofthose 16 grades hadstill not been turned into the Registrar Office. "It's the best response we've had yet," said Waltz, comparing this semester's gTades submission with the last four years she's been at UB Law. "It's been really pretty good, especially withthe large exam courses." StudentBar Association President Ben Dwyer was not as pleasedwith thenumberof grades turned in by the deadline. "It's disappointing, but there's not much that we can I Major gifts major goal at UB Law ,Mma&nss<®tvr by PeterZummtJ, In this eta of budget constraints and cutbacks, UB Law is not just sitting still, according to the new Associate Dean for Major Gifts. Dean Tom Farrellsajd he wjll {e«vetios«Hi!eußt^ > significant private money to the school. On the jobsince Jan. 17,Farrell comes t$ UII-&** fiSMft siajttw pOSttMK «t &fc University of Rochester. He sees his task as being especially important, given the ne% fiscal realmes in the state. "More money millbe neededfrom lb* private sector to compensate for the decline is to Dean Barry Boyer agreed: "For most people, it's [the deadline] reasonable." Boyer explained that the Feb. 15 deadline, which has been in effect since the late 19705,was based on how longitshouldtake to grade the essays of a large class. When asked what happens to tardy graders, Boyer responded: "We nag." He added, "It's the Jewish mother sanction; we try to instill guilt feelings." Dwyer explained that late grades can have a harmful effect on students. "For firstyears, it'sabigmoraleproblem. They desperately need feedback," he said. "For secondand third-years that are applying for transfers or jobs, [late grades] can have real negative njoneyandbnagutoUßLß* Bestatedthat » new,but thatpublic universities*asopposed to private schools, have come to the arena relatively late. UB Law, however, isahead of other public colleges in the business of . ' jcboni inthesuae, "VB Lew holds special * place in the legal community of Western New Yorkand tun.«longand languished tradition, with a nationally-renowned faculty," Farrell wad "There are many attorney* whocareabouttheiaw.andaboutUßLaw." FatTell hopes toappeai to those alumni whohave been successful and corrvmcetbem to become major contributors to the school. With "over 7,000 graduates, alumni represent an untapped resource" that UB Law can appeal tofor funds thatare Increasingly vital to a school like ours. Since tbc early 1980s. UB Law has Implemented a program administered by the alumni relations office to raise money from private sources. Most contributions have been underslo,oGo.Giftsovetslo,ooo and under $25,000 are classified as "special," while "major gifts" ate those which ejiceed $25,000. FarreH'sappointment representsa commitment on thepart of the UB administration to i ncrease the numberof major gifts to the school. FarreH's priorities include identifying the best prospects for appeals for major gifts and " formah n ng the case tot suppon " The two principal elements of that case are the New Curriculum and the state funding cutbacks. Parrel! described one of the goals of the New Curriculum as "taking the law school from its current level of excellence Into the toptters of law schools in the country. Major gifts fund-raising can help achieve that goal." While the primary focus of FaTrell's initial appeal will be the Western New York legal community, he stated that he will "go wbete the money is" and mentioned Ntw York City, Wash) ngtonD CCalitomiaurki Florida as areas with a significant alumru population and possible fertile ground for fimdraising, At th is ti me, no specifie programs have been identified as the beneficiaries of the fundsraised through the new effort .probable link countineu UB Law's lousy student-faculty ratio, it's no surprise that because of our larger class sizes in." private giftgivingto umversmes nothing fcn&aisMig. as lategraders professorswhoaffordedseminar students extensions beyond the grading deadline. It is obviously unreasonable to demand that faculty grade papers before they havebeenturned in. BecauseThe Opinion has not distinguished late graders from graders of late papers in its statistics, it is hard to determine the extent of the late grading problem" Binder said. "Since, given the opportunity, almostall students prefer to hand in papers months or even years late, it is hardfor me to believe thatstudents experience delay in receiving their grades as very muchof a hardship," Binder continued. "Nevertheless, acommitment isa commitmentand faculty who do not make a good faith effort to meet their collectively selfimposed grading deadline set a poor example for students," Binder said. Professor Christine Farley said she thought the grade deadlinewas reasonable. "It is very generous for some professors, but quite a burdenforothers depending on thenumberof studentsand type of final," she said. "Moving up the deadline would discourage professors giving final projects rather thanstandard John Sheffer Last month, the SBAwarned the faculty about the impending grade deadline. In the SBA's letter to thefaculty, Dwyer explained, "We want them [grades] not simply for curiosity sake, butbecausestudentshavereal needs, including employment needs, for timely Dwyer explained that late grades has been a problem for some time. He said theFeb. 15deadlinewas reasonablefor anyone tomeet unless the professor had an extraordinary workload, adding "most [professors] do get it find that private -Professor do." grades." * Fartelf's goal Dwyer saidmany students complainabout UB Law's deadlinebecause it is much later than many other schools. (For example, The Opinion hasfound that SyracuseLaw School' s Fall grades were due Jan. 26 and Albany Law School's grades were due Jan. 22.) However, Dwyer said that "because of is not as important as thorough, competent Jairgrading of exams, but both goals can be achieved withina reasonable timeframework." DeanforMajor Gifts TomFarrell are consequences as well." our deadline is later than other schools." "It's a problem that should get better," said Boyer, adding that the implementation of theNewCurriculumshould"removesome of the stress" on thisissue.He explained thatthe New Curriculum will mean better studentfaculty ratios andfewerbluebooks thatprofessors must grade. He said it will also allow students to recieve greater feedbackfrom their professors. To remedy the problem, the SBA has proposed to provide a sanction for the late submission of grades inthe new CodeofConduct. The proposal wouldprovidefor the Dean to issue a written reprimand to faculty members thatmiss the grade deadline. The SBA's recommendations will be considered by the faculty at large at the next faculty meeting, which will be held sometime next month. The Opinion sent out a questionaire to the law faculty inan effort to obtain their opinions on thesubject of late grades. Only five professors responded to this survey andall five submitted their grades in on time. Professor Guy ora Binder expressed concern over who was identified as a "late grader." "In the past, The Opinion has identified E She said that in the normal course of ts, returning grades to students in a timely on "is a primary concern." However, "special situations do arise," Farley added. About whether late grades was a problem, Farley said, "It may be an individual problem, but it is not an institutional prob- Professor John Sheffer said he believed the grade deadlinewasreasonable, but added, "I would support an earlier deadline if such a change would better facilitate job applications, financial aidprograms, or otherneedsof students." Sheffer saidreturning grades to students in a timely fashion was "definitely" an important goal for the faculty. "Timelinessis not as importantas thorough, competent, fair grading SeeIATE GRADES onpage 10 SBA Meeting: LALSA receives money for scholarships By Steven Dietz, tReporter TheLatin AmericanLaw Students Association Feb. 21 received a solid commitment of$ 1,000, withthe possibility ofan additional $500 in the future, from theStudentBar Association to help fund three scholarships. The first scholarship, the Joseph Antonecchia Scholarship, will enable a law student fluentin Spanish to work with migrant farm workers in California, according to a memorandum distributed by LALSA to the SBA. able amount. Dwyer said that it was his recollection that there wasn't $1,000 unallocated in the SBAbudget. However, he said that the money could easily be found by pulling money from the accounts of organizations that were allocated money but hadn't spent it. This would require a 2/3 vote ofthe StudentBar Association, Dwyer said. SBA Parliamentarian Adam Easterday then suggested taking the money from unallocated reserve then later replenishing the fund by refusing to permit organizations with unspent funds to roll over themoney into next year. It was then suggested that the SBA approach the student groups and ask them to make voluntary donations of unspent funds towardsthe allocation for thescholarship fund. Rodriguez moved to allocate $1,500 to the scholarship fund. Class Director Sandy Fazili, 2L, moved to amend the motion to allocate LALSA $1,000 initially and tentatively allocate an additional $500 if the funds can befound. Rodriguez agreed to the amendment. The resolution as amended passed 12- The second scholarship, the Community VolunteerScholarship, willenable one ormore lawstudents toperform probono work withany firm, agency or solo practitioner in the city of Buffalo. The thirdscholarship, theJulioFernandez Scholarship, is named in memory of the father ofLALSA PresidentNoemi Fernandez and is being funded by members ofher family until she graduatesfrom UBLaw School, when she plans to finance it herself. "I feel it's a start," Fernandez saidof the SBA action, "I hope it is a beginning and they' 11 give us more at the beginning ofthe next -1-1. school year." Fernandez came to the meeting asking In order to raise additionalfunds for the scholarships, LALSA is holding bagel and that the SBA match each dollar raised by LALSA. The memorandumstatedthat so far, lunch plate salesevery other Tuesday, is sellLALSA hadraised $ 1,200forthe scholarships. ing raffle tickets for three current raffles and is holding a benefit dance at 9 p.m.on Feb. 24 SBA President Ben Dwyer initially suggested thatthefundsbe matched 33 cents onthe at the Student Union Social Hall. Admission dollar. Class Director Tom Trbovich, 1L is $2 if youbring a non-perishable fooditem to suggested a cap on the total amount. Class be donated to a local homeless shelter. Otherwise, admission is $3. Director Veronica Rodriguez, IL, then suga flat be allocated and Fernandez saidLALSA has been, very that amount gested .active thisyear/hopefully settmg.&standard areasonyy, ,QoQwOuldbe asked Fernandez-ifsl 2 . for the future." BPILP Gets Grantfor Internship The SBA also granted Buffalo Public InterestLaw Program wasalso grantedssoo to help fund internships for Summer 1996, then airedsomecriticismregarding its current fund drive. As with the LALSA allocation, an additional $500 will be added to the grant if the money canbe foundfrom the unspent accounts of other student organizations. ClassDirectorDan Werner, 2h, hadasked during debate on the question whether the money could be allocated from the social budget, but Dwyer saidthat line was wiped out. BPILP representative HelenPundurs said during the meeting that the results of last spring's pledge drive were so disappointing that internships this summer will have to be reduced from 13tosix. She saidUB holds itself out to be a public interest law school in its catalog, yet the money allocated to public interest law programs here is much less than many private law schools. She also mentioned thatthe Alumni Association had excluded BPILP from its phoneathon due to regulations regarding the amount of times alumni can be solicited for money. "Things are at a real crisis point," Pundurs said. TheSBAvoted 11-1-1toallocatessoofor the internships, withthe possibility of an additional $500 if the money could be found. After the vote, Class Director George Hamboussi, IL, (who votedfortheallocation) told Pundurs that he had been getting comSee SBA M#etingonpage9. �EDITORIAL THE OPINION 4 OPINION mri Founded 1949 i *< m Volume 10 35, No. m \r Evan C. Baranoff Editor-in-Chief February 22,1995 _.. „ ,___, February 22,1995 Peter G. Zummo Managing Editor ym EDITORIAL: Don't revoke Vacco's invitation 1 Theshort version of the facts are as follows: The Commencement Committee, charged with selecting the keynote speaker for commencement, invited Attorney GeneralDennis Vacco tospeak at commencement. He accepted. Vacco then issued an order to remove sexual orientation from the Attorney Genera] office's anti-discrimination policy. Now, several third-years are calling for - Vacco said thathe would never discriminateon the basis ofsexual orientation. In fact, he agreed tosign an agreement with the CDO (required ofall recruiters) See EDITORIAL: DON'TREVOKE INVITATION next column STAFF Business Manager: Lisa C. Nasiak Production Manager Peter W. Beadle News Editor: Features Editor: Sam Chi Photography Editor: John W. Gasper Art Director: Len Opanashuk Assistant editors:News: JosephL. Broadbentand JohnFederice ;Editorial: David Zammiello; Features: Flora Chanand Mike Chase;Photo: Molly Kocialski; Graphics:David heone;Business: Eric Dawson and JakeSantos. Beat reporters: SBA: StevenDietz; CDO: Danicla Almeida-Quigg;Alumni:Shelley Chao; ContributingStaff: Rosanna Berardi and Jessica Murphy. Computerconsultant: PeterBeadle Destabilizing: Blown deadlinesandcompulerglilches Stabilizing: Pizza The Opinionisanon-profit, independent.student-ownedandranpublication funded by theSBA fromstudentlawfees. The Opinion. SUNYAt Buffalo Amherst Campus, 724 JohnLordO'BrianHall,Buflalo,NewYorkl426o(716)645-2147. The Opinion ispublished everytwowceksduringtheFall andSpTJngsemcstcrs. It is thestudenlnewspaper oftheSlate University ofNewYorfcatßuffaloSchoolofLaw. Copyright 1995by The Opinion. SBA Anyreproductionofmaterialshcreinisstrictlyprohibited without the expressconsenloftheEditors. Submissiondeadlinesforletters tothe editorandPcrspectivesarc 5 p.m. on the Friday precedingpublication.Advertisingdeadlines are6p.m. on the Friday precedingpublication. Submissionsmay eitherbe sent toThe Opinion at theabovenoted address, dropped offunder The Opinion officedoor ("room 724 0' BrianHall), orplaced in Box#loor#2Boon the thirdfloorofO'Brian Hall. Allcopy mustbe typed,doubled-spaced,andsubmittedon best when writtenasapart ofa dialogueand must be nomore than twopages paperandon acomputerdisk(IBM-WordPerfect). double-spaced.Perspectivesaregenerallyopinionarticiesconcemingtopicsofinterest lothelawschoolcommunityand must benomore than fourpagesdouble-spaced.The Opinion reads andappreciates every letterand Perspectivewe receive; wereserve therighttoeditany andall suhmissioqs forspaceasnecessarvandalso forlibelous content. The Opinion will notpublish unsigned submissions. We will return yourdisks to your campus mailboxor toaprivatemailbox if aself-addressedstampedenvelopeisprovided. The Opinion is dedicatedto provide aforum for the free exchangeofideas. Asa result,the viewsexpressed in this newspapcrare not necessarily thoseoftheEditors orStaffof TheOpinion "Congress shallmake nolaw ....abridging thefreedom ofspeech, or ofthepress;..." ••'*' -TheFirstAmendment ■•-.•-■ I J»w*«*lU Vacco's invitation to be rescinded. Protestors first accused the Committee with sending Vacco a "private invitation." This is not the case, as third-years hadmore than adequate opportunity to have input on the Committee's decision. Third-years were sent a memo in mid-January asking those interested in the commencement's activities to join the Committee. Itis our understanding that therewas no limitation on the number ofpeople who could join this Committee. Furthermore, the Committee's meetings were open to the public and thirdyears could jointhe Committee at any time. The purposeof the Committee, among other things, was to select a keynote speaker forcommencement select a speaker, not recommend one to thethird-year class at large. Perhaps the Committee should have sent another memo to third-years once they chose a speaker to seek more input; however, wefeel that such a step would nothave made a difference in this instance nor was it in fact necessary (although it might have been nice). The opposition to Vacco's invitation only surfacedafter Vacco's decision to remove sexual orientation from a listofclasses protectedagainst discrimination in the Attorney General' soffice. Therefore, sincethis decision wasmade after the Committee's invitation, nobody would have cared at that point that Vacco was selected as the keynote speaker. The issue then is does Vacco' s decision to remove sexual orientation from his office's anti-discrimination policy warrant rescinding his invitation to speak at commencement In defenseof his decision, Vacco said that he wanted to conform his office's policy with the state Human Rights Law. Headded that it was up to the Legislature to add sexual orientation as a protected class. We find his analysis erroneous. The Human Rights Law outlines only the minimum protections required by law and doesn't preclude affording additional protections, as evidenced by the fact that Vacco's predecessors issuedexecutive orders to protect sexual orientation from being considered. Therefore, if he believes sexual orientation to be worthy of protection, then he should have maintained his office's former policy. Instead, heallowed himselfto rationalize a "legitimate reason" for his change in policy. Vacco saidthat only experience and professionalism should be considered in his office's hiring practices. If this is so, then why remove the protection? I "V lira \\i \ — Cf*«fc»y voltage — Mw»&«* ' What can be done about late grades? Sixteen Pall semester grades were submittedafter the Feb. 15 deadline. While those whorecall past experiences with late grades may praise this result, absent extraordinary circumstances, there should be noreason why grades cannot be turned in on time. With that said, what can be done. Professor John Sheffer had an excellent suggestion. If students truly believe that late grades areaburden to them,they shouldform a jointfaculty-student task force to research the problem and recommend how to resolve it. It is important thai students demonstrate a true need for timely grades and we believe they can. For example, the need for timely feedback and also for complete transcriptsfor employment purposesare two excellent illustrations of students' needs. Once students demonstrate a need for timely grades at a particular date, then the burden must rest on the faculty to show why grades can't be submitted at that time. The joint committee could weigh the needs of students with the restraints of faculty and determine what a reasonable resolution would be. The faculty must recognize, however, that until this issue is dealtwith, students' frustrations will continue to grow. Editorial: Don't revoke Vacco's invitation, continued not to discriminate on the basis of sexual orientation. While it may be true that he has no intention of discriminatingagainst homosexuals, by removing the protection afforded to homosexuals, heallows for the possibility for discrimination from his subordinates who will make hiring decisions and provides norecourse for those who are discriminatedagainst. However, while wemay not agree with hisdecision and even fear that it might allow discrimination to take place, we feel that uninviting him is not the proper response to his actions. Like him ornot, Dennis Vacco is currently one ofUB Law's most prominent alumni and he deserves to speak at graduation. If a majority of third-years opposed his speaking at the proper time (i.c.-before inviting him), that would be their right. However, to uninvited Vacco would irreparably damage the school's reputation. It would also send a clear message to alumni that only certain viewpoints arewanted and others need not apply. While we acknowledge theright of the protestorsto challenge Vacco's decision in a mature and articulate fashion, the decision for keynote speaker should be made using obj ectiye standards. Vacco and allalumni, including thethird-year class, share a common bond: the experience of UBLaw. Commencement is a time forreflection on this experience and encouragementfor thefuture. Despite his ill-advised decision, Vaccowas properly chosen by the Committee, whichwas, after all, the duly authorized groupto make that decision. In this regard, a decision torescind Vacco's invitation would not just affect the third-year class, but future classes as well. Therefore,regardless of the outcome of the petition drive currently being undertaken to rescind Vacco's invitation, the Committee's decision to invite Vacco must be upheld. In conclusion, Dennis Vacco remains the natural choice for commencement keynote speaker, regardless ofhis political views. —...— ~ r I — —— ——————————————————— ]Duetoproductionproblems, the publication ofthis*. I issue ofThe Opinion was published one day late. I yVe apologize for any inconvenience thatthis may havecaused.. I The next issue ofThe Opinion is scheduled for I publication on March 8; submissions are dueMarch 3. j * L—————————————— —————————— —— J �OP/ED February 22,1995 — THE OPINION r ■> ■- ■t.■ */ 5 ■_ In opposition toVacco speakingat graduation an explanation detailing student concerns but How him to speak at graduation. 3. Have two speakers, either dividingthe in half or extending graduation for an ByNancy Stroud Introductory Statement This letter is in no way meant to reflect on eitherDean Carrel or Professor Finley, who serve a very important purpose as members of ionalstolsminutes. transition team. commend Mr. Vacco's I 4. Do nothing and watch(or participate you on your very difficultjob of working withinthe cprotest. transition team to Other sugrepresent the in- r |"| gestions are he does Mr.Vacco has statedthat terestsofUßLaw I more than wel- I School. Similarly, notplan on discriminatingagainst gays andlesbians. Well, then, why come. REMEMBER: The petitiondriveis only specificallyexclude sexual to get a feel from ? the preference policy the class. 'original" com- I Reasons to mencement committee. The students on thecommittee faced Oppose Dennis Vacco's Speaking at a very difficult decision and made the choice GraduationBased On His Decision to Eliminate Sexual OrientationFrom the they felt was appropriate underthose circumstance. The decision to extendan invitation to Attorney General's Non-Discrimination Mr. Vacco was made prior to his deletion of Policy sexual orientation from his non-discrimina1. Sexual preference has been in the tion policy andafterhis invitation tomembers Attorney General's OfficePolicy for 15 years, of the faculty to join his transition team. threeyears longer than Governor Cuomo was in The CommencementCommittee Meeting office. Mr. Vacco's deletion was an affirmaOn Feb. 16,the commencement commitrequiring a change in all office matetee met with several students concerned that which detail non-discrimination policy, an invitation had been extended to Dennis typeofchange is not withoutmany costs. 2. Mr. Vacco claims he wants his office Vacco to speak at our graduation. As a result, members of thethird year class will be able to y to "conform" to the human rights law voice their favor or opposition to Mr. Vacco's ! state. However, he fails torecognize the alidexecutive order 28, which modifies presence at our graduationby signing a petition. This petition drive will be held Tuesday uman rights law as applied to all state andWednesday, Feb. 21 & 22. Thereis only one :ies to include sexualorientation. (Pataki tated thathe will take 90 days to review petition. If you are in favor of having Dennis istine executiveorders and thencome out Vacco speak at Commencement, write "YES" next to your name. If you are opposed, write withhis own or rescindthose he does not want "NO" next to your name. Members of the continued. You can call 518-474-1041, the commencement committee will be bringing Governor's Citizen Service Unit, to confirm the petitions to classes andwill also be tabling thisinformationand to request that Mr. Pataki outside the library. Please sign the petition keep executive order 28 in effect.) Mr. Pataki only once. Keep in mind that writing "NO" on has not rescinded executive order 28 as ofthis the petition does not necessarily mean Mr. writing and he certainly did not rescind it prior Therefore, givingMr. Vacco's invitation will be rescinded. There are options at the end of the "No Road." every bit of credibility I can muster,Mr. Options 's policy change is at best described as an Rescind his invitationwith explaopriate in light of current law. It also 1. nation detailing student concerns. Mr. Vacco appear incompetent, since le's top lawyer "forgot to Shepardize", 2. Rescindhisinvitationinprinciple with these comments from office lict r EVac o'sdel tion. dignity. 7. Prestige? What prestige does one gain from gleaning praise from a man who steps without thought or research on the rights of minority groups. Is that the type of "prestige" youwant? Is this the type ofman you want UB Law to be associated with? Reasons Other Than thePolicy Change to Objectto Mr. Vacco's Speaking Mr. Vacco is an integral part of the PATAKI ASSAULTCORPS, asquad which is systematically striking out against racial minorities, women, gays and lesbians, the poor and thefew remaining membersofthe middle class. The TIME is NOW. We can not waitfour years to mop up the pieces. We can not sit on our haunchesand waitfor someone else to act. In four years the rights of minorities and the poor will be pushed back a quarter of a century. When we ask ourselves, should we embarrass Mr. Vacco byrescinding his invitation, let us not forget OUR ownpockets intowhich thePataki assault corps has reached, to pull out SeeJNOPPOSITIONcontinuedonpage6 Education, Crime and Punishment by DianeLorencMathers Whether or not most students realize it, in oursociety, education is aprivilege. It ought to be a right, but it is nevertheless a privilege. There are all too many foolishadolescents who balk at their privilege, in spite of interested parents who are willing to financetheireducation There are studentswho treat theireducational opportunity arrogantly and ungratefully, as if they are, in their grotesque ignorance, firmly convinced they are doing theirparents some sort offavor by being in school. Then there are other studentswho, by virtueof their own blood, sweat, and tears, work, sacrifice, and put themselves through school, all the while prizing their privileged opportunity to get an education. Given that education is a privilege that the wealthy take for granted, and thepoor and disadvantaged rarely getto enjoy, doesit make any sense for criminals to beafforded such a luxury? When one is convictedofacrime they are aware that they indeed still have rights (more "rights" thanany of theirvictims got to enjoy, as critics ruefully observe). Indeed, humanists and progressives recognize that, regardless of the inhumanity of their crimes, we must yet respect the rights, dignity, and integrity ofconvicts regardless of thefact that their victims were not treated with respectthat their dignity, integrity, and sometimes even their right to live was completely destroyed. However, just because convicts did awful things does not mean that we "have to be as bad as they are" and treat them awfully. As thewise adage goes, "two wrongs do not make . Vacco should in a manner of speaking. 3. Mr. Vacco has statedthat his position shouldnotinclude thecreation of law, but only the enforcement of law. Obviously this only means the laws he personally agrees with, sincethe current law REQUIRES him to have a non-discrimination policy which includes sexualorientation. His deletionof the phrase IS CREATING NEW LAW! 4. Mr. Vacco has stated that he does not plan on discriminating against gays and lesbians. Well, then, why specifically exclude sexual preference from the office policy? 5. The fact that the Attorney General's Office, the top law enforcement agency in the state, specifically writes out protections for gays and lesbians can only send one message to the general public: it's open season on gays and lesbians. 6. It is absolutely ridiculous to sell outto Dennis Vacco in the hopes that someday he might bring some type ofa helpful program to the law school. Dennis Vacco stands for everything thislawschool is against. If we sell out to this little carrot he holds in front of our noses, we not only lose ourrights, welose our a right", and however reluctantly, we intuthe contrary, PaulandKarla are white, wealthy, and attractive by society's standards. They itively accept it as true. In terms of disadvantaged and abused lived the high life and unbelievably chose childhoods the argument becomes clearer. In violent crime for theirkicks instead of other order to be "rehabilitated", one must be treatplausible options like travelling, or toys that ed well; truly, people "heal" through the most poor people cannot afford. Here's what power oflove and not hatred. Thus, there is they did: when porn magazines and flicks no hope that, by being treatedwith dignity and longer satiatedtheirperverted sexual desires, respect while they are in prison, they will no they sought and found something bigger and longer commit crimeswhen they arereleased. better:kidnapping, assaulting, mutilating,rapThus, while in prison, it is necessary that ing, and torturing young women whilehaving sex with them on video. These are called criminals be treated humanely. However, is there a line between rights "snuffvideos" and, horribly enough, thereis an and privileges that we as a society can draw? abundant supply and demandfor them. As stated, in our society, education is a priviWhat they would do is go for a drive lege based on wealth; in other countries it is a together, hunting for an appealing specimen; right based on merit, i.e., if you do well in whenthey zeroed inon theirprey, Karla would schooland study real hard you get to continue call out to her for directions or whatnot. The to study and go to school. Indeed, education girlapproached the car feeling confident that ought to be a right available to all citizensand these people were "legitimate"—indeed, the not merely a privilege for thosewho are already girlswho were killedprobably wouldnot have privileged. Regardless ofwhether one deems given Paul thetimeof day hadhebeenalone in education a right or a privilege, my contention the car, but Karla was the effectual "bait"— still stands: Criminals ought not be afforded indeed, she was essential. Given Karla's the privilege/right of attaining a university primacy in the executionof these unspeakably and/or professional degree. As a right, they horrendous crimes, one wouldthink that the forfeited it by committing a crime. Does it law woulddeal harshly withher. All in all, they make any sense whatsoever for honest, raped, beat, tortured, and killed 3 young womhardworking citizens to be denied this privi- en, one of whom was Karla's younger sister lege/right that lawbreakers are offered and Tammy! "Harsh" may be a relative word but, it enjoy? There is a particular case I have in mind: seems to me that most wouldagree that taking KarlaHomolka/Paul Bernardo Trial. For those university courses for credit, ordering fast food, who are unfamiliar with it, I will recap the exercising, owning aTVandVCR inone's own highlights: To begin with, we are not dealing cell, wearing one's ownclothes, being allowed with disadvantaged persons, by any means. On SeeEDUCATloNcontinuedonpage6 Commencement ByDavulAdam.% Maureen EbmH Alan Rosenthal, T&iStmishei^andGinaV'diello As youknow. Denots Vacco, the Attorney General for the State ofNew York, has been asked to be the keynote speaker at the commencement this year. He basenthusiastically accepted that invitation Theofferto him was made after the commencement committee, whtch all members ofthe senior class were invited tojoin, voted unanimously to ask Mr. Vacco to address the class. Since this is t be fi tst ti me in history that the State's chieflawyer has been a graduate of ÜBLawSchool,itseemedmost appropri- ate 10ask Mr. Vacco tospeak at our graduation. Many people in offices at thatlevel do not make time to return so quickly to their alma matet, but wehoped he might, because hehas been active at the school as a member of theboardof directors of theLaw Alumni Association, aodas an adjunct faculty member in theTrialTechnique Program. As a duly authorized group representing the senior class, we made the offer and it has been accepted. Now some studentshave expressedopposition to At tomey General Vacco. because he removed the sexual preference clause from his office's non-discrimination policy. Attorney General Vacco has stated that he removed the clause only because it is not included in the Human Rights Law, and he believes any change should be made by the legislature rather than by his office. Although wemay not all agree with theway this washandled, thete is noreason tobelieve that his office will discriminate in any way. He has explicitly stated that be is not concerned withaperson'ssexual orientation andthat 11 is not a factor to be consideredwhen making employment decisions. He has promised thathe will not discriminate, and hisrecotd as the UnitedStates Attorneyfor the Western District of New York shows no hint of any discrimination. B<. he spent to years as a prosecutor in the Erie County District Attorney *s Office, where he was also highly regarded with an unblemished reputation. Concern has also been expressed that his office will not recruit on our campus because of an unwillingness to sign ÜB's , antj-discriminatton statement, which in- cludes sexual orientation. On the contrary. Mr. Vacco's officehas indicted that they will gladly sign the statement. In addition, the pol icy ofhis predecessor, which precluded an attorney I'ium woi mug in the Attorney General *s Office until two years after graduation from law school, hasreceml y been changed toelimmatethewaitmgpenod. Mr Vacco has indicated a strong willingness to hire third-year law students to begin working after graduation. He also expects to hire numerous law students as summer interns, and he hasa special allegiance for those who attend ÜB. which heproudly identifiesas his taw school. At an earlier stage in this process, a discussionot the merits ofinvitingMr Vacco wits welcome Everyoneinthcclasshadthe opportunity to be involved in making that selection, and those people who volunteered to participate voted unanimously to ask Mr. Vacco as theirfirst choice. Now that an offer to the Attorney General of the State of New York has been made and accepted, it seems entirelyInappropriate to thinkaboutrescind- .■ . ■■■ 77k; authors arc alt members ofthe Com Commute* who invued VavCO to ■ . mencement speak ,-■■.; .■,■■■■, ,v. ■-~■.:,,.■;.;,,:■;■:..■: :■;-.■:: :■.,,.:,,;■. ;■;■:.; .■■-:■:.,..,;. �OP/ED February 22, 1995 6 THE OPINION Opinion Mailbox In need of legal assistance To the editor: I am presently incarcerated at F.C.I. Mckean, and serving a 22 year Federal sentence. At the moment I am representing myself pro se, and I am seeking legal assistance in hopes forrelieffrom my conviction. I am hoping that possibly I can receive assistance fromyour department to review my trial transcripts in searchforany constitutional violations that may have occurred during my trial. Perhaps there may be a law student that is willing to assist me inmy quest forfreedom. I must inform you that I have no financial resources and there is very little that I can contribute to this task. If you or any student in your institutionis interested, please contact me at the address below. Don't mock Jesus may feel thatthisis deserved. However, Jesus does not deserve to bemocked. As a follower of Christ, I humbly ask whoever has been placing those papers upto stop. Jesus never did anything to you, except die on a cross for your To the editor: During the past week, there have been many attempts in the law school building to definewho Jesusis and whatHe standsfor. As a law studentwhoconsiders Jesus as the most important person in my life, I would like to state who Jesus is to me. Jesus is my Lord and Savior. He diedon a cross to pay the penalty for my sins and gave me the gift ofeternallife whenI received him into my heart six years ago thismonth. Everything I am andall thatI will everbe are a result ofHis strength and grace. Although He is God, Heconsiders me Hisbrother and I owe my life to His love. I am no one special, though, because Jesus offers the same love and forgiveness to anyone who would ask Him into their heart. Lately, there has been a backlash at the law school against the Christian faith. Some salvation. Michael P. Grainger, 2L LGBLS opposedMichelman event To the editor: An error appeared in thelast SBA Newsletter. LGBLS was mistakenly connected to a fundraising attempt to bringKate Michelman to speak at the law school. LGBLS voted not to co-sponsor the event. I apologize for any misunderstanding the notationcaused. In addition, Kate Michelman had to cancel the event due to a schedule conflict. Nancy Stroud, 3L Sincerely, Wadgy Charif # 17021-083 P.O. Box 80001(B) Bradford, PA 16701 In opposition to Vacco speaking at graduation. continuedfrom page 5 conquer" maneuver to splinter the efforts of No! Are their gay and lesbian grads ofUB in groupswho oppose his changes. Dennis Vacco's the Attorney General's Office? YES! Are policy change simply adds one more front to the there MORE gays and lesbians in the AG's maneuver. office thanthere are Dennis Vaccos? Yes, so Where will the money come from for why support one UB grad over many others? these "carrots" we are being offered? Why is Don't they deserve as much support? If you itthatMr. Vacco can spendanother $1,000 per choose to support Mr. Vacco, you must ask month on an EXTRA OFFICE inBuffalo while yourself, "AmI only doing thisbecause ofhis at the same timethe state is in such a financial position of power?" If the answer is "yes", I crisis? Whose job is he going to eliminate so wish you well on your new diet of carrot bits. thathe can sit in his cozy new office? Which If the answer is "no", speak out. families will be living on the street? Whose the last ofour lint. The threatenedlay-offs and program cuts. The mere fact that Mr. Pataki did not even have the decency to address a crowd of our peers at a rally in Buffalo last week. Who will be left at UB Law School to benefit from these little carrots Mr. Vacco holds in front of our noses andasks us to bite from? Who willbe eligible? Who will beable to affordit? EOP gone. TAP gone. Tuition $2,OOOmore per semester. I'll tell youwhowill be here: those who have traditionally held positions of power in this society. PEOPLE WHO LOOK LIKE DENNIS VACCO AND GEORGE PATAKI. Don't kid yourself into thinking Dennis kids will no longer receive healthcare? Which women will have to sell theirbodies to get food for theirkids to eat? Vacco is a distinct and separate entity from George Pataki. The PATAKI ASSAULT CORPS is using a traditional "divide and ButHe'saUßGrad... IsDennis Vacco the only graduate of UB? One LastNote havebeen asked not to be a reactionary, I to somehowwait untilthere is damningproof of discriminationbefore I act. I equate these words with a request tobe silent. I'm sorry I can not and I will not. The phrase Education, Crime andPunishment, continuedfrom page 5 private visits with family at an unsupervised cottage and the prospect offull parolein 3 years does not in any way, shape or form constitute harsh punishment. Apparently, the law is dealing withKarla withkid gloves because of her agreement to testifyagainst herhusband at trial. One wonders if her testimony is all that essential as they actually have the "snuff videos showing the girlsbeing tortured,raped, andkilled. Nevertheless, they do in factregard her testimony as essential and are certainly willing to "spoil" her for it. Karla's husband's lifeis not sopretty. He spends his time bored in a bleak windowless segregation cell at the Niagara Detention Center. Visitors speakto him througha perspex screen. Indeed, such treatment seems fitting. However, even honest feminists cannot dispute the reverse sexism here. As they both committedand tookdirectpart i n thesehorrendous crimes, why is Bernardo rightfully punishedandKarla nauseatingly babied? Because sheis a woman? Because women don'treally commit violentcrimes like that? Because she must havebeenbrainwashedby herhusband? Such thinking is inevitably sexist and insulting, because the fact is, woman or man, she was just as evil as her husband; what she did was justas heinous(ifnot moreso!). So thequestion remains: why are they meted wholly disparate situations? It is grotesque that Karla is able to enjoy the privileges ofon-site education and correspondence courses. Rightfully she ought to spend her time in apotato sack, and be forced to dohardlabor for therest ofher life. So why does she get to experience the opposite? She comfortably wears her own clothes, watches cable TV in her "dorm-like" prison cell; she has weekendworkouts at thegym, periodic fast "SILENCE=DEATH" didnot originate out of thinair. The PATAKI ASSAULT CORPS is here, in power, and alive; acting every day to destroy the rights of minority groups. My choices are limited: live outside of society or fight the powers that create these barriers. History repeats itself. I need not wait for the first ruined career to predict it is coming. If you care about UBLaw School, if you care about anything, care about this. As students, we are oftenwithout voices. This time we have the power to send a message to Mr. Vacco: Ifyouwant tohelp thelaw school, fine, but not under these terms!! Please write, "NO!" on the petitions! Thank you for caring. Nancy Stroud is Vice-President LGBLS. of the Tell us jowr opinion! food dinners, and private visits. Her parents, her sister, and even her pet Rottweiler have journeyed on a regular basis to see her. On these visits,Karla and her family stay at these unsupervised cottages equipped with stoves, microwave ovens,VCR, anda gas bar-be-que. All of thecomfortsofhomewithoutannoyingly intrusive guards. With the help of the Ontario government, studentloans are available to her Ifyouhave an opinion onanything published in our newspaper or ori any current events topic that concerns the law schoolcommunity, writeTheQpin- (IBM-WordPerfects.l format), The Q pifripfl, reserves the right to edit any and all submissions for space as necessary and also forlibelous con- ion, tent; we willnotpublishany unsigned submissions, Send your submissions to The or place themeitherbox All submissionsare due theFriday before we publish. Your submission must be typed, doubled-spaced, andsubmitted onoperandon acomputerdisk andKarlaplanstohaveherß.A.in3or4years. She toldherfriends thatsheshould probably be done by the time ofher release on parole. I cannot be the only one who finds it offensive for murderers to live privileged, "cushy" lives. Indeed, Karla can count on two things: one, thatshe hasbeen and will continue to be treated better than her husbandbecause she is a woman. Two, she can count on the apathy of the citizenry to allow this to continue. People may read the articles, make a comment or two about the case, but will unfortunately not actively work to change theunjust situation. What can be done? As we live in a democracy, we ought to write to legislators and express our views. We must push forlegislative change. The populace must rise up and take responsibility for this travesty ofjustice. Unless wepublicly decry suchatrocities and employ fervent political activism, monsters like Karla Homolka will continue to live BETTER than most poor, underprivileged, honest, hardworking people despitehaving committedthese disgustingcrimes against humanity. Ifsociety does not get motivated, we are all going to have to live in a world wherefemale criminals are pampered while honest hardworking citizens suffer and work themselves to the bone to pay for the privileges of criminals! DianeLorenc Mathers is a IL. I l I loor2So. MlH3j \ \ Opposed to Gov. Pataki *sproposedbudget cuts to SUIVY? Join UB United \sfree bus trip to Albany 3 a.m. Monday, Feb. 21\ or write toyourstate legislator (sec listing , on page 10). United, students can make a difference! _„__,__ ■ ::-....::. ::;:;:".'.:' •■:: V ::;:-;:' .../•. :;--' .:..:::: :;::/.'. ;:-:: .:■:■ - . . .. ...:; .V::;::;..'.. ;:>:: :v:: ..' : V;:V: ■■■...... ::::.-::::V..-. .Y;;.v.;:;:::.'.: .V..;: . :.. ;:■:■..■;■;•..;■ -. :■:■: ■:■:■■■ .- ■■•■.■. ■■ ■■:■:■■..■ .■■ .:■■., ■■■ .-:■■ ..,-, ;■::■■:■:■ ■■ ■■;_, . ■■ ■ ~... ~___^^^.__^^^^j^a^a^^ �February 7 THE OPINION Staying Healthy How to keep the Buffalo winterfrom getting to you down By Sam Chi, Features Editor Take some bleak, blusaddto the mix poor days, tery nutrition and inadequate sleep, and then sprinkle in the monotonous strain of school, and often the results Id Knd I easing their duration and intensi- body aches. Much hagrin of many, it's c ofyear whencolds run rampant through ulous. ;rhaps it is little con1,but if you happen to ,knowthatyou'renot alone. Nurse-Educator ElizR.N. notedthat t majority of people to theStudentHealth located in Michael Hall on the UB South Camvictims of the colds "We'reright in the middle of cold and flu sea- Beyden, . R Bhe nudvjS Jfnisvuodj'tq said, ut getting sick is not itable consequenceof the season. Preventative measures like eating well, exercising regularly, managing stress, and getting proper vaccinations can gofar tostave off illness. Healthcare providers emphasize preventative measures, for there is little anyone can do to treat the disease once someone comes down with a cold or a case of the flu. Although antibiotics sometimes help, doctorsand nurses can treat only thesymptoms of thecoldorflu. Heyden said that they usually let the disease run its course. But, cheerup, it's not as bleak as it sounds. Ron Ingalsbe, Director of the Living Well Center, notes that people who have a positive mental attitude get sick less often and recover faster when they are sick than thosewho lack a positive mental attitude. Research has shown that an optimisticoutlookand things often associat- experiencing negative emotions, xplained. "Manage them [thereby] are sniffles, sneezes, coughs, ed with it, such as having a sense of meaning or purpose, having good relationships, and especially managingstress without negative emotions, is highly correlatedwith healthy immune system "The mind-body relationship Mtion. ell accepted," Ingalsbe said. Ingalsbe notedthatstress manage- ■itwoul dbepar-1 larly germane to lawstudents. He that stress ■I ally results from two sources, workload and inrelaships. To deal i work related lersonal establishingasupport systemsoffriends or family to whom you can delegate responsibilities. And if nothing else, a support system is goodforkindword or a bit of encouragement now and then. On theotherhand, stress from interpersonal relationships is harder to deal with. Here, communicating better seems Ingalsbe said that managing negaemotions requires new modes of thought. "It requires being aware of what goes on in your mind, being conscious of how you react and aware of what makes you angry." He said that negative emotions sometimesresult almost automatically, out ofhabit. "They can becomea typical wayyou respond to peopleor situations." Herecommended not getting angry over things you can not control, "Why should you sacrifice joy oversomething out ofyour control?" He addedthat theLiving Well Center offers seminars on stress management and stress reduction techniques. Heyden agreed that there was a connection between mental attitude and immune system response. Butsheadded thatthereare preventative measures like exercising regularly, goodnutrition, and getting immunizations are very good ways to keep healthy. Regular, moderate exercise helps manage stress and prevents feeling lethargic. "When you' re stressedandfeeling lethargic, your immunity is lowered," Heyden said. "Eating well is very important," Heyden added. If the body does not get the nutrientsitneeds toproduce energy, "It can break down protein to get it. -i Antibodies (things in our bloodthatfight infection) and muscle are protein," she explained. People who have a positive mental attitude get sick less often and recover faster when they are sick than those who lack a positive mental attitude. sures, Ingalsbe recommends time and task management techniques like studyingregularly andtakingshort breaks while you work. He also recommends to be the key. Ingalsbe recommends being assertive, but not confrontational. Negative emotions, like anger, rage and recommends eating more vegetables, fruits, and whole grains, as well as reducing the consumption ofprocessed food. Further, he recommended eating at least three jealousy, add to the problem. "Try to SeeHEALTHYonpage9 GroupSpotlight:Medical-LegalSociety Society seeks to cure 'ambulance chaser' image by Sam Chi, Features Editor It's not frenzied like "ER," nor is it glitzy like Law," but UB Law's Medical-Legal Society "LA still deals with law and medicine. The group, established last year, struggles to fight an ambulance-chaser stereotype, studentapathy and a low membership. "This is a hot topic," said the society's president, Scott Philbin, IL. "[lt is] an evolving field policywise." But he concedes that the tort aspect seems to dominate public impressions ofthe group. "Whenever I mentionthe medical-legal society, the first thing that comes out ofpeople's mouths is 'oh, ambulance chasers'." The group's secretary, Linda Rouse, IL, agreed thatstudents "should see our society as more than a bunch ofambulance chasers." "There are so many issues that it covers [including] ethical issues like the right to refuse treatment," she said. "The public policy issues are immense," Philbin added, "The tort facet is just a small part. HIV privacy [rights], thePublicHeathCode there are three vol-l"^ -umes of McKinney's devoted toit—these are all medical legal issues." Further, although he acknowledged thatClinton plan was all but dead on arrival, the topic of healthcare reform is still aliveand kicking. "Healthcare reform is still required," Philbin said. - were many ethical and moral issues associated withgovernment creating and especially enforcing public health policy. "Over the summer I workedfor the Onondoga County Attorney's office during a rabies outbreak. We discussed requiring rabies shots for cats. We required them for dogs, but not cats." He saidthat le cat ownersobjected tohaving government tellthem had to vaccinate their pets. Philbin admits to feeling somewhat frustrated at the c ofstudentinvolvement. "I'm surprised there hasn't n more interest in it," he said. The groups sent flyers out last semester. Although many law students indicated that they were interestedin the group, few have attended any meetings. "We know what we want to do, but we lack the numbers to meet our goals," Philbin said. Despite the groups best efforts, he estimated the number of active members to be less than 10. "Some people are hesitant to join because of the ambulance chaser image," he said. But he also admits that the group got a late start last semester, aftermany students already committedtheirtime to other groups. Rouseadded that thetreasurer spot is still vacant and thatthe society is looking for new people with lady , "We know what we want to do, but we lack the numbers to meet our goals/ -ScottPhilbin - FEATURES FEATURES 22,1995 new ideas. Nevertheless, Philbin sees this semester as a rebuilding, transition period. He notedthatthe group had been more informal last year. "As it was explained to me, people got together, ordered pizza, and discussed health care policy issues." Instead, he envisions the society ultimately doing typical group-type things like sponsoring speakers and inviting panels oflocal experts for roundtable discussions. The society also hopes to eventually put out a journal or a newsletter. Rouse shares Philbin's optimism and hopes to add a summer internship in the near future. She notedthat links could be forged withlaw firms thatpractice in the subject area or with health care organizations' risk management or in-house counsel departments. In addition to the speakers and journal, the group hopes to get input frommedical students attending ÜB's medical school. "We have a mcd school, and as far as I know, it's a good one. It would be nice to get them involved," Rouse said. The twowere quick topoint outthatthere are many jobprospects related to medical-legal issues. Opportunitieslie with hospitals andotherhealth care providers, insurance companies, as well as with pharmaceutical companies. Philbin mentioned that there was great demandin the public sector also. "An entire division of the state Attorney General'soffice is concerned with defending state hospitals. There are also numerous opportunities with local and county governments," he said. Besides, Rouse acknowledged, that ifnothing else, one could at least find work with a personal injury or medical malpractice firm. "It affects so many aspects of law. It will really open doors," Philbin said. �FEATURES THE OPINION 8 The Roaming Photographer February 22, 1995 Stream of Unconsciousness By Sam Chi Features Editor Microwave popcorn: , a pseudo sexual experience by Joseph L. Broadbent, Asst. News Editor This week's question is... What do you thinkabout theVacco controversy? Erik Larson, 3L "The opposition to Mr. Vacco speaking isa shameless attempt at political censorhip. Are we afraid to listen to someone with whom we disagree?" I vehadabadday. It wasn't the worst day I 'ye ever had, but it's a day I don't care to repeat. Actually, it started out rather nice. It was 8 a.m., it was snowing, the really woke me up. Who needs coffee? Enjoy the aroma ofburnt popcorn. It'll kick you in the pants and give you thatperky, "I wantto get out of the house to vomit" feeling. The rest of the day actually wasn't sobad, but it couldn't helpbut be overshadowed by what happened first thing in the morning. The popcorn incident set the tone forthe day. People I didn'tknow were comingup to me and offering theircondolences. Some offeredadvice on how to cope withthe tragic and traumatic event. They told me my life must go on. Some even offered me butter and salt. The only thing that kept this day from being a total pooch-screw was the fact that no golf clubs were involved. Yes, baddays come and go, but to really have a horrendous day,you need a seven-iron. Just ask Gerald Ford, George Bush, and Bill snow plows were going, and there was only aslight chance of frostbite in short, a beautiful morning. It was the kind of morning that just makes you want to sing Rodgers and Hammerstein lyrics. - "Oooooh-klahoma! Where thewindb10w5..." it always worked Xl, xtterman.. My day started to go nhill when I had this len cravingfor microwavepopcorn. Yeah, mi- MikePetrik,3L "It's hypocriticaI for people who champion diversity in thislaw school to stifle every point ofview except their crowave popcorn. Don't askmewhy,butljusthad Clinton. to havesome. Early morn- — own." Jamie Crolle,3L "I'm bothered by Vacco's decision to exclude sexual orientation as a protected class, but it's badform to rescind the offerafter accepta nee. However, I wouldn 't want to see our graduation marred by acts of civil disobedience." Virgina Jacobson,3L ing, irradiated corn it worksfor me. Besides, microwave popcorn is kinda' cool. You stick this curious, floppy thingy in the oven, add a gizillion little, itty-bitty waves (hence the name microwave), and zap, before you can say Delta Burke, the thingy stiffens and balloons to twice its size. Magic, right before yourvery eyes. Aside fromitsFreudconnotations, microwave pop-1is good stuff. Tobe honest, I'm usually not a popcorn freak, but I guess from j to time everybody craves things. JuliusCaesar craved power andworld domination. Paris craved Helen, and even started a war for her. Catherine the Great cravedtheultimatesexual experience. Next to these, my meager craving for popcorn seems silly and trifling; but hey, you gotta start I someplace. Nevertheless, no matter how silly or even trifling, I discovered "Personally,I wouldn't have desired Vacco to be the speakerbecause of h is overaIIpoliticoI stance, but unfortunately the time to challenge the selection has come and gone. " cravings can sometimes be bad. Afterall, Caesar, obviously unaware of the Ides, was bumped off on the Senate floor. Paris'sTroy, duped by a wooden horse, was sacked, pillaged and forced to make condoms. Tragedy even struck the Russian Empire, Poor Catherine was impaled by a horse's member. She should have stuck withmicrowave popcorn. Cathy Brennan,3L "I am opposed to having Vacco come. He is part of a reactionary administration that promises to make life miserablefor everyone but unattractive property holders... and I guarantee that when, or if, he comes, graduationwill not be pleasant." Until next time. .. Of course, I didn't heed these lessons of history until it was too late. Things were going great-here a pop, there a pop, every where a pop, pop until I realized that Orville Reddenbacher bearsan uncanny resemblanceto Schlegel. Gosh, if you give the popcorn dude hair extensions, you won't be able to tell the difference. I thought I could write one of those niftyseparated-at-birth columns. Orville—JohnHenry. Actually, maybe they're the same person. Have you ever seen them in the same room at the same time? Think about it. I was amazedand preoccupied by this discovery, so much so that I'm still not quite sure what happened next. All I remember is that the ovenwentpop, pop, andthen fizz. I was left pondering what sort of reliefthisis as smoke poured out and billowedinto the room. It's acrid, nasty smoke, accompanied by a smell that could wake the dead. It's the kind of stuffthat lingers despite all efforts to get rid of it. lopenedwindows,turnedonfans, leventriedanexorcism. Butallmy efforts were in vain. The only good thing that came of it was that it — Healthy, Healthy, Healthy, regular meals, perhaps even four to five small meats. Skipping meals is not a good practice, "Too much timesbetween meaisencmirages thebody to store fat," hesai<L"Skippingcou!dsometimesmakeyoufatter." Immunizations, especially the so called "flu shot,"are only useful if received prior to getting sick. Immunizations work by inuodi«ingdead<»rweakeoed germs into thebody. The body then produces antibodies to fight the germs. One should get the flu shot in November orDe» cember, at the beginning of the cold and flu season. Although there is an influenza vaccine, there is no vaccinefor thecommon cold, Heyden saidthat because thereare so many types of cold viruses and that they change so quickly, itis impossi ble to vaccinateagainst all of the strains. But immunizations and good nutrition aren't the A week ago the presidential trio were participants in a celebrity golf tournament in California. Bush andFord hit spectators. Clinton just hitbad. As theBuffalo News put it, Bush'ssecondshotbouncedoffatree andhitanoldladyonthebridgeofher nose. She broke her glasses, bleed heavily, and required 10 stitches. Later in the day, Bush clipped yet another spectator, but this time the former President didn't drawblood. The man, wounded in the leg, had only minor injuries. Ford, hit a tee shot that got away from him but made it to a spectator's finger. That alone may not have been that bad, except that the finger was still attached to the spectator. The woman didn't seem that traumatized by the incident. Clinton, to his credit, didn't hit anyone. But his errant shotsflewall over the place, and like his policy agendas, missed their marks by wide margins. Anyway, a lessor editorwould have dismissed this outing as a bad day. But, not this intrepid features editor. Instead, it evinces an insidious Republican conspiracy to balance the budget by knocking off social security recipients. Fewer recipients, fewer dollars go out. The fact that no one died is a minor detail. Heck, maybe the tournament had lots ofburnt popcorn around. continued frompage 7 only things that help to ensure health. Heyden recommends gettingregular physical check ups. Also, washing yourhands and covering your mouth when you sneeze or coughhelps prevent the spreadof i nfections "Colds and flu are spread by airborne droplets,"Heyden said. "'Not breathing them in is a good idea." \ Furt her, little things like gettingadequate amounts of sleep and dressingcorrectly when you gooutside helps to keep you healthy. Experts say that drastic changes in temperature and other environmental conditions can weaken yourimmunesystem. They recommend dressing jn Jayetsandusmga hat and a scarf to stay warm w hen the mercury drops. : Although nothing will make you invulnerable to germs, following the sage advice of experts can help keep your semsester largely free from illness. �February 22,1995 FEATURES/NEWS THE OPINION 9 Dean Boyer recounts last semester's trip to Poland by Karen A. Bailey, Reporter Law school Dean Barry Boyer spent last semester on sabbatical at JagiellonianUniversity, inKrakow, Poland. During thattimehe attended an environmental symposium and witnessedthelaunching of UB Law's first student exchange program in Poland. The exchange program's initial focus on humanrights reflects the two schools' mutual interest in that area. TenUBLaw studentsand two faculty members traveled to Jagiellonian to participate in a program featuring human rights lecturers. Jagiellonian law studentsand faculty will travel to UBlater on this semester. "Theidea for the program grew out of a prior relationship between UB and Jaigiellonian,"Boyer said. UBLaw professor IsabelMarcus and Jaigiellonian's HalinaNeic participated ina faculty exchange program and thought thatstudents wouldalso benefit from a similar project. Professors Marcus and VirginiaLeary administer the program at ÜB. Boyer emphasized that "the particular exchange model is unique because most law school exchange programs follow the classic semester or summer abroad approach." He cited Sasakawa, a Japanese foundation involved inEastern Europe, as central tocreating and fostering the model.This approach allows "people interested in similar issues to collaborate and is cheaper for students," he ex- Dean Barry Boyer eled to Poland are collaborating with Jagiellonian law students on eleven research projects. Currently, theUB law students keep in touch with theirresearch partners via electronic mail and a satellite link. Despite impending budget cuts, Boyer hopes to continue the program and explained that focus on funding fromoutside sources will now be necessary. He emphasized that the program "is a promising model which equips students to function in an increasingly global SBA Meeting, continued from page 3 donatedthe penny that was distributed to each student in their mailboxes to promote the fundraising drive, they will permit that person to sign the list. Rodriguez saidthatshehad heardsimilar complaints and that perhaps the fund drive couldalsobe conductedin thestudentunion to reach more students. Pundurs said shewould look into that. Qass Director JohnLeifert, 2L, saidsome of the people who spoke to him considered placing the names of law students on thewall to be harassment. Class Director Rob Kitson, 3L, said he felt BPILP was doing an extraordinary joband thathe had not heard any such complaints. Pundurs said that if anyone truly felt harassed that they take their complaints directly to BPILP. plaints from some of the students about one aspect of the current fund drive. BPILP has posted a large list on the Ist floorofO'Brian Hall withthe names ofall law students, with aspot for eachstudent to sign his or her name. If a studentdonates to BPILP, they are given a magic marker and they can sign their name in the appropriate spot. Hamboussi said thestudents complained that they cannot afford to donateand they are embarrassed by having theirnames on the wall. Pundurs said that the reason for posting the names wasn't to embarrass any student, but to create an incentive and torecognize those who chose to support the organization. She furthersaid thatshecouldn'tmake thedecision to take thelist down, since the organization as a whole voted to put itup. She suggested that if anyonecould not afford to donate, that ifthey The Opinion -T.mcly, Probing Controversial } and (9ome-H»tngs) Pat rvfuL impact, so the economy is top priority," he practice international law." Boyer said the environmental symposium provided an important opportunity to satisfy his curiosity about the effects of decades of socialism on Poland's environment. He was particularly concerned with exploring added. to plained. According to thedean, students whotray- TonO society, whether or not they specifically intend the notion that Poland is an "environmental wasteland." He found, instead, that "the iron and steel industries which once polluted Poland have been shaken out by technical oversight and market forces." According to the dean, local environmental initiatives and foreign aid havealso played a role in this phenomenon. He exclaimed surprise that "in some ways Poland is a bit ahead incoming up with solutions to address pollution." For example, he explained thatPolish polluters are required to contribute to a fund for environmental investments. He noted that although the high fee is not apowerful incentive againstpollution, it is an innovative attempt to address the problem. Boyer said use of such market mechanisms is Poland's generalapproach, in light of the country' s concern about it's economy. He explained that in theUnited States "we have the luxury ofarguing about whetherthe economy shouldtake precedence over theenvironment or vice-versa." However, because Poland's transitional economy is fragile, "signing ontoenvironmental agreements can have a major economic sion to go on sabbatical. CROSSW RD® Crossword Edited by Stan Chess Puzzle Created by Fred Piscop ACROSS 1 Cottars 5 Just one of those things 9 Sing softly 14 Med. sen. subj. 15 Romeo or Juliet 16 Cliff protrusion 17 Rd. named for an actress? 19 Fend off 20 Deep green 21 Nixon's Six 22 Mocks 23 Writer 24 Notsm. 25 Rd. named for a ballplayer? 29 River J ( woftic, FaotjJ V -/ symposium. According to the dean,the opportunity to do some more writing was central to his deci- Back by popular demand Crossword Mania! Silverstein !> "Currently, Poland is trying to privatize its public sector and wants very much to be integrated intothe European Economic Community (ECC)," the dean explained. He emphasized,however, that the sentiment isn't necessarily mutual because ofPoland's potential to compete. "Poland never collectivized its agriculture ...so small to medium farms in Poland could effectively provide competitive prices in an unregulated market," he explained. Polish products that come from an industrial tradition oflow wage scales could alsobe asource ofserious competition on the market, he said. Boyer, who specializes in environmental and administrative law, presented a paper entitled"Making Regulatory Analysis Work." "Poles were very interested in finding out how agencies inthe United States address environmental problems," he said. He explained thatPolish attendees were provided with an opportunity to communicate directly with the EPA via a satellite link. The bilingual symposium, sponsoredby theU.S. Consulate inKrakow was wellattended by bothAmericans and Poles, thedean said. The deanis currently working withtheBuffalo Law Review on publishing the results of the embankment 32 Assurance from Good Housekeeping 33 Blue Velvet 30 Outer: Prefix 31 Sentence essential 32 Movie-theater liner 36 Cosmetics 3 Anadn alternative 4 Like most mules 5 The Rose of 41 Beyond a doubt 42 High as 44 Rd. named for a West * Virginia name 6 Full nelson and others wet 7 senator? 46 Peter Ames's employer 37 In a sensible way 40 Exposes 10 the atmosphere Deli 43 delectables 45 Saddam Hussein and King Hussein 46 Ski lodge 48 Field-goal value 49 Franklin (heating (mistaken) 47 Wishes one 8 Crumpets hadn't 48 Believers in the Almighty 52 Mexicai munchie 55 Fashion designer of complement 9 Bordeaux wine 10 Addressed abrasively 11 Poems of devotion 12 Cruel dude 13 Lets ouch them 18 Nag 21 Tierradel note 56 Perform on the soapbox 57 Rd. named for a stooge? 59 UnsafeatAny Speedauthor device) 50 Ifs sometimes thrown in 51 Traffic tie-up 52 Chinese Fuegoco- 60 Pulitzer Prize owner winner of 1958 23 " .Rattle and Roll* T 61 "Did you star secret society 62 Actress Sharon 25 Pooped Vanilla 53 Sea eastof 34 Rapper 63 Excite 26 Sherpa irte Caspian sighting, 64 Hawk perhaps 35 Studio doDOWN 54 Assured of overs success 1 Sporting one's 27 Agonize 38 Gumshoe 28 As soon as 57 Cornfield cry bid' '-"ysuit 39 Disposable29 Pinocchio, for 58 That's in 2 "Wl disgusting V razor brand one ? i E p U -fff-p BJp MO 111 112 113 |g Hrc v " T7 ■p4 34 _ 30 31 Hft — H 55- ° His Mb23 HLP* 2 29 p p p m 26 r^THP * JB ■■■ •mi? lillll Join The Opinion ! We're into everything. » 56" 53 ■■ *9 H53 M 58 H&s 28 IP3 ■""■32 ■ M b< 21 -hsi CI 992 Crossword Magazine Inc. Box 909 • Bellmore, NY 11710 • (516) 679-8608 See answers on page 11 51 �NEWS February 22, 1995 10 Briefs Poll: 70% of lawyers say Simpson will walk A poll commissioned by the National Law Journalrevealed that 70percent ofthenations attorneys are convinced that O.J. Simpson will not be convictedof killing his ex-wife, NicoleBrown Simpson and her friend Ron Goldman. This is up 10percent from five months ago. If Simpson is convicted, 37 percent oflawyers are of the opinion that Judge Lance Ito has committed reversible error, and 69 percent believe that the whole spectacle has diminished respect for the legal system. Other questions asked in the poll confirmedthat 35 percent ofthe nations lawyers believe that Simpson should take thestandand testify in his own behalf, while 44 percent believe thatit wouldbe a bad move for Simpson. JudgeIto is seenby 67percent ofthose surveyed as being in controlofhis courtroom, and73 percent say hehas not favoredeither side. Rating the prosecution and defenseteams, 18percent saidthat the state is doing an excellent job, while 15 percent believed that the defenseteam is deservingofan excellentranking. JohnnieCochran was rated the best on the defense "dream team" by 31 percent of the respondents, whileMarcia Clark was awarded thehonorby 25 percent. Source: NationalLaw Journal, Feb. 27,1995. i Point ofInformation ! Q: "Whatare theaddresses ofourstate Senators andLegislators ? A: Here they are: Governor Honorable George E. Pataki Executive Chamber State Capitol Albany NY 12224 Phone: (518)474-7516 New York State Assembly Members Richard R. Anderson (R) 5555 Main Street Williamsville, NY 14221 Fax:(518)474-1513 Arthur O. Eve(D) 1377Fillmore Aye Buffalo, NY 14221 New York StateSenators: Sandra Lee Wirth(R) 1500UnionRoad West Seneca, NY 14224 AnthonyR. Nanula (D) 65 CourtStreet Buffalo, NY 14202 Mary Lou Rath (R) 5500 Main Street (Suite 260) Williamsville, NY 14221 SamHoyt(D) Donovan State Office Building Buffalo, NY 14203 Francis J. Pordum (D) 3812 South Park Aye. Blasedell, NY 14219 Thomas M. Reynolds (R) 65 Court Street Buffalo, NY 14202 William Stachowski (D) 125Main Street Buffalo, NY 14203 Robin L. Schimminger (D) 3514 Delaware Aye. Kenmore,NY 14217 PaulTokasz(D) DaleM.Volker(R) 620 Main Street East Aurora, NY 14052 Donovan State Office THE OPINION Law group teaches high school students about dating violence by Mike Chase, Asst. FeaturesEditor The Domestic Violence Task Force travelled to Clarence Central High School on Friday, Feb. 17 to teachstudentsabout datingvi olence. Their goal was to make thestudents aware of just what types of abuse there are, ■ and to enco ur age thoseinabusive relationships, or plied by the group Alternatives for Battered Women, based in Rochester. Vick, who also volunteers for that group, brought the program to Buffalo. The trio spent the dayspeaking with kids in four classes, ranging from ninth friends, to seek help. with dating violence and presented some case studies in order to get the students thinking about differenttypes ofabusive relationships. The team also discussed emotional, physical, and sexualabuse and thedifferent forms thatthose might take. They tried to dispel many ofthe myths surrounding dating violence and gave kids ideas about how to speak to their "You could literally be saving a life." Lett Opanashuk — Caroline Hooper, Len Opanashuk, and Jen Vick, all firstyear law students, co-chaired the Education Committee of the Task Force. The program which they developed represents thefirst time the TaskForce has ever gone intoa high school to educate students. Their program was adapted from one sup- friends when their concerns are arousedand when to take their worries to parents or the police. "You could literally be saving a life," explained Opanashuk to anattentive audienceofninth graders. The three alsodistributedpamphlets to the students which contained more information about domestic violence, about the group, and about themany other organizations which offer help. Hooper, Opanashuk, and Vick then stayed at the school for over an hour in the guidance counselors' officeansweringstudents' questions one-on-one. The Task Force will return to Clarence Central High School the next twoFridays to gettheir message out to more kids and to furtherdevelop this new program. To find out more informationabout theDomestic Violence Task Force, call 645-2782 or stop by their office inßoom 602. Late grades, continuedfrom page 3 of exams, but both goals can be lation*, Professor Joyce; Estate & achieved within a reasonable time GiftTax,Professor Joyce;Adminisframework." trative Law, Professor Meidinger; While Sheffer said that he was Corporate Tax*, ProfessorBattaglia; too new to the school to have a fair New York Home Rule, Professor judgment on whetherlate grades are Hyman; Poverty & theLaw, Profesa problem, he said the issue was "a sor Munger; and International Labor reasonable issuefor ajoint faculty- Law*, Professor Leary. (A "*" student taskforce to researchand to means that only apartial list of gradrecommend neededrevisions." uating seniors was submitted.) Headded: "Thiswould not need Waltz saidJoyce's grades were to be a long- term effort, I suspect." delayed because of a death in the Of the 10 grades that are still family. She also said Meidinger's not in,seven arecoursesand three are gradeswill be in "any day now." She seminars. The grades that have not explained that Meidinger's grades yet been turned in to A&R include: were late because he had an overConstitutional Law, section B, Pro- loadedcourse loadlast semester (i.c.fessor Kannar; Corporations, Profes-taught an extra section) andalso had sor Steinfeld; Evidence*, Professor to take care of some business in Ewing; Law Reform throughLegis- Washington, D.C. Waltz said she did not know about thecircumstances ofany ofthe otherprofessors whosubmittedlate grades. None of the professors who were late withtheir gradesreplied to The Opinion's questionaire, which wasdatedFeb. 14andwasdueback Feb. 20. Waltz explained that sometimes professors of seminars give students extensions for their papers which could account for the delay. She admitted that seminar professors could still post the grades of those students who submitted their papers in on time. Waltz saidthat transcripts with Fall semestergradeswon'tbeavailable until mid-March. Death Penalty, continuedfrom page 1 rarrelly continued For the last two months, legislators have been hammering out the wording of thebill to overcome constitutional challenges and to make the bill "as strong as possible." The bill is currently in thefinal drafting stage and may be changed in some respects. The lastexecution in NewYorkoccurred in 1963by electrocution. The Court of Appeals struck down the death penalty in 1977. Since then, legislation to restore thedeath penalty has passed theLegislature every year, only to be vetoed on eachoccasion. "It's about time we did somethingabout the soaring murderrate," said State Senator Dale Volker, whohas co-sponsored death penalty legislation since 1977. He added thatit was about timethe death penalty was brought back. The Legislature is off for Presidents' Week, but will most likely vote on the finalbill next week. Thebill is expected to pass easily. Even if the bill is passed when expected, it might be a few yearsbefore thefirst execution under the law due to legal challenges being mounted by death penalty opponents. frtmpage 3 targets include a new Litigation Center, a Family Law Center, and funding tor fatally projects Increased librury funding and financial aid, "which may bemore important now given the future budget cutbacks," are also under consideration. Farrell. whohas a raasier's degree in education from the University of Rochester, also has a UBLaw connection: his brother. Michael Farrel I, is a 1987 giaduate of the school. "In this business, 11helps if youhaveapersonal connection lo theschool, ify ou real Iy helleve i n what you are doing," he said Tom Farrell said he believes in UB Law and hopes to play a significant part insecwing its financial future Jessup competes in Boston Building Buffalo, NY 14203 ———— j The Onion j Place your questions in box #280 c/o Peter Zummo, Managing Editor. Write us because inquiring law students want to know! r————— "Quote" of the Week "...A commitment is a commitmentand faculty who do not make a goodfaith effort to meet their coolectively self-imposed grading deadline set a poor examplefor students. " — ProfessorBinder, talking about the grade deadline j will make 1995JessupInternational Moot CourtTeam. Froml-r: seated, Gina DiGioia, 21, Melissa Tocha, 21, backrow, coachPeterBeadle, 21,Scott Wich, 21, William T. Gargen,21, andcoach NicoleJohnson, 21. Not pictured: Victor Bobet, 31. The team competed inBoston on Feb. 11-12 attheNortheastRegionalCompetitionagainstNYU,WidenerU.,New EnglahdSchoolofLaw,andSouthernNewEnglandSchoolofLaw. ! ! i I you cry! Coming soon. J \ \ i ■ �February 22,1995 THEOPINION 11 Th c Docket $50 for 2 shirts or all 3 items. THURSDAY FEBRUARY 23 - 9:00 a.m. 5:00 p.m. BPLIP Annual Fund Drive: Outside Room 106 Every $5 donated to BPLIP will provide one hour of legal services to someone who would otherwise not receive any. 9:00 p.m. - 2:30 a.m. SALSA NIGHT: at the Student Union. $3. or $2 with a non-perishable food item. Sponsored by LALSA. Purchase one of five Marino Bar Review $200 discounts for $75. 11:00 a.m. Commencement Committee Meeting: Room 2 07 All 3L's Welcome Film: "The Business of America," showing in Room 108. A chronicle of changing expectations and realities in industrial America. Sponsored by LAELA SATURDAY MARCH 4 1:45 p.m. End of the Year Party, for members of the Moot Court Board Location TBA. Elections for executive board positions will be Fashion/Cultural held. Show. Student Union Theater. Featuring the Second Annual Mr. 3SU Contest. $5. Admission. Phi Alpha 6:00 p.m. purchase your ticket. SATURDAY FEBRUARY 25 7:00 p.m. BLSA Annual 5:00p.m. Friday, Feb. 24, is the last day to buy ticketsfor theBarrister Ball. Contact your SBA rep to 9:00 p.m. Delta Party: at 6:00 p.m. The Barrister's Ball. Buffalo Hilton. MONDAY FEBRUARY 27 Mickey Ratts, Minnesota and Main St., Buffalo. Free to PAD members. MONDAY MARCH 6 3:00 a.m. Free busses depart for Albany. UB UNITED protest of Gov. Pataki's 3:30 p.m. Dennis Kitchen, Esq. speaks on "The Ins and Outs of Solo Practice" Room 406. Sponsored by the . proposed budget cuts Busses leave from the Student Union. 6:00 p.m. CLS. Law School Major Gifts Dean's . Dinner At Olivers Restaurant, Delaware Aye. , Buffalo Call Pat Warrington at 645-2107 for information. '' .. FRIDAY FEBRUARY 24 Last day to purchase tickets for the Barrister's Ball. Tickets are $20 per person. See any SBA Class Director, or go to the SBA Office. TUESDAY FEBRUARY 28 6:30 p.m. Farmworker Task Force meeting. Discussion of Outreach activities and Farmworker Legal Services, with Jim Schmidt. National Lawyers Guild offices, O'Brian Hall, first floor. BPLIP Summer Internships . Today is the deadline for applications. Applications are in the F&A draw in Room 106. There will be six $2,000 grants. - 9:00 a.m. 5:00 p.m. BPLIP Annual Fund Drive: Outside Room 106 Last Day! ! Your donation helps BPLIP provide for summer internships. Donate $5 or a button, $10 for a travel mug, $20 for a T-shirt or CROSSW RP* Crossword NJA|B|SMT|H|A|TMC|R|O|O|N ANA t|r O L eIl EDGE iiA.Y_E.BA-k 1- aJIa vert IMIfi*LD|pcBJ.S E S I fcSDClli D E SjlS H E T|MM| T LIL9. l E VTE EMS E A IMdE R N C E ■ RJE T A X EjsMT E C A T R AllS U R EMa"kTTT E R O B E.R T B VBC N Njßß| E SgT HE S T S TAMALE BIE ALSTON O R A T E||C U R L V H O W A N A 0 _§_ RWA G E_ V_ E R UPCOMING Prof. Frank Upham of NYU Law School will be speaking at 3:30 p.m. on March 30. An expert on Japanese law and society, he will discuss the cultural origins of the Japanese regulatory styler and its impact on international trade relations. Please indicate if you plan to attend the lecture by leaving a note in box 349. Petitions for election to University Council StudentRepresentative are available in the SBA office and are due at the undergraduate SA on March 2 at 4 p.m. Questions can be directed to the SA at 645-2950. Answers to crossword mania! D ER Age 18.1993 I Off g|l|e|s[sßw|h|e|tßs|e|l|l 0005 Killed by a drunk dnvci on February 27. IW.nn Ml Blvd. in G'dci i Park. Texas. j/\OVvFTISc 101 liCv j | iTfi[f"fi"™"Mßfl P, How many moreto go ? --E - THREElttant r Sam, Soon she 7/ heall yours! Ben, Thanks forthepizza!It helped. -Staff LfofKorn anyone? if vott''rereading-this, thankvou theahti exlaNixjiment II you don't stop your friend Ironi driving drunk, who will? Do whatever it takes. on the Docket! ! Include to is coupon wita your ad request I 1.-A __ ElizalKthSuto. I MMTrU At the - -_ -J RamblingMadman comingsoon! Don't justsit there likea vegetable, submit somethingfor theOnionHappy Birthday to me! S. P, I still wantto buy a vacuum, don'tyou ?(!. St. Theseare hectic, lonelylimes, but soonthey llbeoi<er and**'II beunited fom-er in lo\-e and friendship. Allmvlow. Striken ■-.•..--..--.-■-,--..'• ._..--.. '.-.-.■_-.■'.-.- - Congratulations on thejobL. I low you. Sue Peter We don 'l getpaidenough forthisshit' I love you Jennie -Evan -■ • US Department ot Transportation — Satan, whereare you when weneedyou? Personalsare FREEH! /nightpnnt it. . Place your personals in box #10 and we ~ �February 22,1995 THEOPINION 12 BAR/BRI BULLETIN DATES TO REMEMBER EVENT DAY/DATE SUNDAY, FEBRUARY 26 Lecture: MPRE REVIEW (Tape Lecture) Location: ROOM 106 10AM 2PM FREE for BAR/BRI enrollees Time: Tuition: - FRIDAY, MARCH 10 multistate professional RESPONSIBILITY EXAM (MPRE) TUESDAY, MARCH 21 D 1995 book distribution begins NY TUITION ENDS - $1425 ($l5OO tuition until April 12) 3) CLASS OF '96 - $1395 NY TUITION ENDS ($1425 tuition until April 12) 2) CLASS OF '95 NOTE: - CLASS OF '97 & '98 $1395 NY TUITION CONTINUES UNTIL APRIL 12 FULL NY TUITION $1550 WEDNESDAY, APRIL 12 last day for.- d book pick-up 2) DISCOUNTED TUITION THURSDAY, APRIL 27 filing period begins for JULY 1995 NY BAR EXAM MONDAY, MAY 22 ny SATURDAY, MAY 27 filing period course begins at live location ends for JULY 1995 NY BAR EXAM TUESDAY, MAY 30 I buf-595 ny course begins at tape locations BAR REVIEW � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Opinion, 1995-02-22 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. Opinion Vol. 35 No. 10 Date Issued Date of formal issuance (e.g., publication) of the resource. 2/22/1995 Bibliographic Citation A bibliographic reference for the resource. Recommended practice is to include sufficient bibliographic detail to identify the resource as unambiguously as possible. 35 10 Publisher An entity responsible for making the resource available University of Buffalo State University of New York at Buffalo Law School Language A language of the resource eng Type The nature or genre of the resource Newspapers Text Is Part Of A related resource in which the described resource is physically or logically included. LIB-LAW003 Rights Information about rights held in and over the resource <a href="https://rightsstatements.org/page/CNE/1.0/">COPYRIGHT NOT EVALUATED</a>. The copyright and related rights status of this Item has not been evaluated. Please refer to the organization that has made the Item available for more information. You are free to use this Item in any way that is permitted by the copyright and related rights legislation that applies to your use. This digital collection is made available for research and educational purposes. Researchers are responsible for determining copyright status, and securing permissions for use and publication of any material. Copyright for items in this collection may be held by the creators, their heirs, or assigns. Researchers are required to obtain written permission from copyright holders and the University Archives prior to reproducing or publishing materials, including images and quotations. For inquiries about reproduction requests and permissions, please contact the <a href="http://library.buffalo.edu/archives/">University Archives</a>. If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/4a357144adeee7aa72830264eedd57e5.pdf 68e5ae17dfdb741ea685d787e70a3734 PDF Text Text J I J NEWS SBA seeksinputfor new Code of Conduct. Sec story on page 3. I EDITORIAL FEATURES Students must mobilize now to fightproposed cutsto SUNY. Seepage 4. Love andLaw School: Can they co-exist ? See story on page 5, Bringing theissues to thestudents since 1949 THE OPINION Volume 35, No. 9 February 8,1995 STATE UNIVERSITY OF NEW YORKAT BUFFALO SCHOOL OFLAW Tuition set to jump at UB Law * ¥™\ J 1 J .d.l • byPeterZummo, Managing Editor GovernorGeorge Pataki' sproposedbudget "presents problems of historic proportions forSUNY" and J. v. • /»» t y-j • » Highlights ofPataki's proposedbudget cuts Education: I •Freeze state aid at last year's leveis. I �Cuts aid for most school districts by for busing and building aid I ■ •Eliminates 329 jobs in the state Education Dept. Higher Education: I •$25 million in cuts for this fv. •$290 millionlnss(3l.s%) inSUNYhudget I students reduced for eliminatedfor undergraduates; graduate •TAP •Eliminates theEducational Opportunity ProgTam may prevent the law school from implementing its New Curriculum plan, according to the law school dean. "This [the proposed budget] result will in a fundamentalchange theway the university doesbusiin said UB Law Dean Barry ness," "Students are looking at Boyer. tuition, higher higher fees andfewer I Medicaid: I •Requires managed care for 17million Medicaid recipients by 19% I •Reduces state payments to hospitals by $307 million •Eliminates dental services, audiologists, and clinical psychologists I I Welfare: I �Cuts Home Relief by 25%; disabled persons cut by ls% •Imposes a 90-day limit on Home Relief Benefits •Cuts 15% for Aid to Pami lies withDependent Children(AFPQ programs." Pataki's proposed budget for the new next fiscal year will cut SUNY'sstatefundingby $73.5 million. This cut is in addition to a previously announced reduction of $25 millionorderedby thegovernor for the current fiscal year. Next year's budgetwill reflect a totalbudget reduction of$290 million, representing a decrease of 31 percent in state aid, a spending level reminiscent ofthe 19705. Thes29o million figure includes the recommended mandatedrevenue increases (i.c- tuition, fees) and the budget reductions. Boyer said that he had never seen cuts of this magnitude proposed before. "There will be fewer resources, [and] less access to programs. A tuitionincrease is a better bet than the 49'ers in the Super Bowl." The sizeofthetuitionincrease 1 [ has not been established yet, but reports of a $1,000 increase are already out of date. "Tuition may go up $2,000 a year," the dean said. "Right now weare looking at everything in thebudget: tuitionincreases and cuts in spending and programs." SUN V Chancellor Thomas A. Bartlett confirmed last Friday that in addition to tuition increases and layoffs, the cuts will force SUN V to consider eliminating or reducing programs, admitting more studentsand consolidation or eliminationofsome campuses. Reports surfacedover theweekend thatSUNY wouldraise tuitionat thefour university centers (ÜB, Stony Brook, Albany and Binghamton) by $1,800, while raising the tuition at the remaining campuses $1,000 per year. This increase would generate approximately $199 million in new revenues. The AssociatedPress reported that in addition to the tuition increase, 1,800 faculty and staff would have to be laid off in order to reach Pataki's budgetary goal. The Tuition Assistance Program (TAP) would be reduced for undergraduates and eliminatedcomprofessional staffcosts (due to smallfor and time er individual class sizes which will graduate part pletely students. Pataki also proposed the require more faculty to teach them) elimination of the Educational Opand the obvious decrease in tuition which revenues due to the smaller enrollportunity Program (EOP) financial and academic gives sup- ment. lowerincome students. Plans were in theworks forthe port to appointment of an additional four New Curriculum Threatened professors for next semester; in fact, In developments that directly offersofemployment for two profesaffect the law school, theNew Cursors had already beenmade. It is not riculum may not be implemented in yet clear if these offers will be honSeptember as planned, thedeansaid. ored,although Boyer statedthat even The new program called for a if theNew Curriculum is not implereduction in theentering class to 210 mented next semester, the additionstudents, divided into two sections. al professors could be assigned to Thereduction in thenumber of enterteach in areas that are currently unstudents would the law deserved, such as CommercialLaw. ing impact school in two ways: An increase in See TUITION JUMPpage 3 Vacco tells UB Law alumni about his vision forAG office byJosephBroadbent, Asst. News Editor In a speech before the UB Law Alumni Association last month, Attorney General Dennis Vacco spoke about his beginnings at UB Law and his vision for the Attorney General'soffice. Vaccobegan by talking abouthis repeated references during last fall's campaign to his "roots in upstate New York." Those roots include not only his ethnic and geographical background, but also his legal roots, including his education at UB Law, which he said "provided so much to him" throughout his career. Addressing a crowd composedprimarily ofUBLaw Alumni, Vacco praised thelaw school, stating that, "butfor it, we wouldn't play therole in the legal profession that we play today." Vacco said he sees his position as an opportunity to give back to the law school. After his election, Vacco 1ookedback to what former Attorney GeneralRobertAbrams did whenhewaselectedinl97B. When henoticed that UB Law had not been represented on Abrams' transition team, he decided to appoint DeanAlan Carrel andProfessorLucinda Finley to his transition team to ensure that the Attorney GeneralDennis Vacco 1aw school wouldberepresented. Summing up his role as attorney general and UB Law alumnus, Vacco stated that"while I am the lawyer for all the people ofNew York State, I have a particular interest in being an advocatefor my law school." He went on to relate how UB Law, especially its Trial Technique program, played an i mportant role in his career as aprosecutor and, now, attorney general. Through the program, he met Joseph McCarthy (who was hisinstrucmore significant role in making our streets tor and First Assistant District Attorney at the safer," a vision that drew much criticism that time). He said he was inspired by watching he was "above the law" and that the vision McCarthy in the courtroom and that it was couldn'tbe achieved. He explained thathe spoke the message, McCarthy whoconvinced him thatheshouldbe on the career path to becoming aprosecutor. which came from his career commitment to Turning to theworkof the Attorney Genhelping crime victims, because hebelievedit eral's office, Vacco proclaimed that"there's and meant it. He went on to say thatwhat was no doubtthat GovernorPataki is committed to lost during the campaign was thatherecognizdownsizing the state government." Vacco es thatthe Attorney General's office can have told the governor that he is committed to a real impact on thelives ofNew Yorkers not downsizing the State Department of Law, only inpublic safety, but other areas such as consumer law, theenvironmentand antitrust. "provided theDepartment's workisn't diminished as a result" and suggested there were While he wasn't able to address all those issues areas where cuts could be made without imduring the campaign, he reiterated that he is pairing the Department's professionalism or "committed to pursuing those other areas as function. Prior to Pataki's release of the state much as public safety." Vacco added that hecomes to the Departbudget, Vacco had made an allowancefor a 5 percent reduction in the Department's budget ment not as a career politician (this is thefirst if necessary.Hetoldt heaudience that cuts and public office hehas held), but as someone with downsizing canbe accomplished without imexperience in managing a government office, pairing the functions ofNew York's institunamely the U.S. Attorney's office for the tions. Western District ofNew York. He hopes to Next, Vacco talkedabout how, during his exhibit "professionalism, competence and campaign, one of the"visions" he had for the pragmatic balance" as he represents the peoAttorney General's office was for it to "play a ple ofNew York. �2 February 8,1995 THEOPINION PIEPER FREE MPRE REVIEW ANNOUNCING OUR LOCATIONS FOR FEBRUARY MPRE EXAM ***NOTE: AH classes will run from 9:00 a.m.-5:00p.m. LIVE Lecture Amphitheater, Main Floor Sunday, February 12, 1995 Fashion Institute of Technology •enter at 7th Aye. and 27th Street VIDEO-TAPE Lectures Saturday, February 18, 1995 ROOM ROOM ROOM ROOM ROOM ROOM ROOM Albany Law School Buffalo Law School Boston Univ. Law School Hofstra Law School A.N.A. Hotel-Wash. D.C. Syracuse Law School Tulane Law School Sunday, February 26, 17 210 O'Brien Hall 1434 238 to be posted 148 Melvin Hall 151 VIDEO-TAPE Lecture 1995 Amphitheater, Main Floor Fashion Institute of Technology •enter at 7th Aye. and 27th Street ~Wa/k-ins are welcome or call 1-800635-6569 ro reserve a sear. No Matter what Bar Review Course you are registered for!!! Test Date: March 10, 1995 Regular Application Deadline: February 10, 1995 Late Application Deadline: March I, 1995 VALENTINE'S DAY SPECIAL ***THIS OFFER BEGINS ON FEBRUARY 12,1995 AND ENDS ON FEBRUARY 18, 1995*** ONE: REGISTER FOR PIEPER-> RECEIVE $150 OFF (THIS MAKES YOUR COURSE PRICE $1345) TWO: REGISTER WITH A FRIEND-> RECEIVE $200 OFF (THIS MAKES THE COURSE PRICE $1295 EACH) THREE: REGISTER WITH 2 FRIENDS->RECEIVE $225 OFF (THIS MAKES THE COURSE PRICE $1270 EACH) IF YOU HAVE ALREADY REGISTERED WITH US, THEN REGISTER ONE FRIEND AND WE WILL DEDUCT ANOTHER $50 FROM YOUR BALANCE AND YOUR FRIEND WILL GET THE $150 OFF! WE DIDN'T FORGET YOU! SIMPLY RETURN YOUR APPLICATIONS AND DEPOSITS TOGETHER AND WE WILL CREDIT YOUR RESPECTIVE BALANCES. f I \ — if — A 1 „„ vToM I CALL 1-800-635-6569 FOR MORE INFORMATION or see YOUR PIEPER REPS!!!! PIEPER NEW YORK- MULTISTATE BAR REVIEW, LTD. THE EDUCATED CHOICE!!! CALL 1-800-635-6569 �THE OPINION NEWS SBA seeks input for new code of conduct by Steven Dietz, Reporter The Student Bar Association at their meeting Feb. 6 announcedthatby Friday they will submitrecommendations that will help to shape a new CodeofConductfor thelawschool. The new code, which is in the planning stages, willreplace a patchwork set ofregulations, said SBA Vice PresidentLes Machado. Machado said the purpose ofthe planned code was to let students know exactly what behaviors would be proscribed by the law school and what penalties would attach. "No matter what you are trying to establish as part of the code, you want something definitive," Machado said after the meeting. "You want something in black and white." Toassist theSB A in makingrecommendations, a survey was placed in student mailboxes Feb. 6. These surveys announced the proposed new code of conduct and solicited students' opinions as to what should go into them. These surveys shouldbe returnedbefore Friday, Feb. 10. Someof thebehaviors thatthe code may address would be stealing, plagiarism and sexual harassment, Machadosaid. Asked after the meeting whether a speech code was contemplated as part of thestudent code, Machado said thathe wasn't certainwhatwouldbe in the code because it is still in the planning stage. The law school faculty is expected to vote on a final version ofthe code at its March faculty meeting. BAR REVIEW M Funds for Semi Formal Approved The SBA voted unanimously, with one abstention, to allocate $2,900for thesemiformal dance to be held 6 p.m. March 4 at the SBA would try to convince the law school to contribute an additional $300 towards the expenses stemming from the invitation. Buffalo Hilton. Of this allocation $2,200 was to go to subsidize student tickets. The total cost per plate is$30ofwhich $ 10wouldbepaid by the SBA, leaving thestudent ticket price at $20 per SBA Budget "Snapshot" Released An update on the SBA Budget allocation was distributed to the SBA Directors at the meeting. The budget currently has an estimated $9,430 of which $8,000 is reserved as a "cushion." As there is also $3,000 in unallocated reserve, there remains a total of $4,430 thatis availablefor allocation, according to the document. The documentalso states that out of the $61,257presently allocated,only $10,260 has been spent or encumbered by the organizations. The document states that 96 percent of the lecture line was untouched. Dwyer said at the meeting thathewould contact thegroups to encouragethem to use the money to bring more lecturers to the law school. Recentplans ofone student organization to bringKateMichelman of theNational Abortion Rights Action League (NARAL) fell through when Michelman cancelled, Dwyer said after the meeting. RoomsAvailablefor Organizations Dwyer also announced that four rooms previously occupiedby theEconomics Department on the 6th and 7th floor of O'Brian Hall are being refurbished and will soon become available. person. The remaining $700 will be allocated among a dance D.J. ($300), a string quartet ($200) and invitations ($200). The original proposed allocation was $3,200, includings3ooforacomedian. However, plans for havingacomedian perform were dropped after a brief discussion. During this discussion, SBA directors expressed concern about the expense and speculated that the comedian's performance may detractfrom one of the underlying goals of the semi-formal, which is to permit law students to get to know and socialize with other law students they normally would not come into contact with. Desmond MootCourtAllocated $500 The SBA voted 13-1 to allocate $500 to the Desmond Moot Court so the boardcould invitethree taxj udges from Washington D.C. Thejudgeswouldjudgethe finalroundof the upcoming Mugel Competition on Feb. 18. The money wouldbeused forairfareand hotels. SBA President Ben Dwyer said that the 1500 Broadway • New York, New York 10036 • (212) 719-0200 3 February 8, 1995 • (800) 472-8899 Students still waiting for grades About half of law students' Fall semester grades have been turned m with a week to go before theFeb. 15 grade dead* line. Fotty*eight grades from a total of 94 classes (51 percent) have still not been posted on the third floor of O'Brian Hall outside the A&R o fSee. Last month, the Student Bar Association warnedthe faculty about t he i mpemJing grade deadline. In the SBA's letter to the faculty, SBA President Ben Dwyer eXpiained|"We -wantthem [grades! not simply for curiosity sake, but because students have real needs, including erriploymeM needs, for timely grades " ;^:^ The Opinion intends to publish the names of faculty membersthatfail to meet the grade deadline in its next issue. Vacco appoints UBLaw alumnus to head local office Michael Battle was appointed by New York State Attorney GeneralDennis Vacco to head the Buffalo office, thesecond largest in the State. Battle, a former assistant U.S. Attorney, will lead the 20-person office, the busiest office outside of New York City. The first attorney named by Vacco to head aregional office, Battle, 39, was director of the Public Defender's office in Buffalo's Federal Courts. He held that position since 1992, when it was created. Previously, he served eight years as Assistant U.S. Attorney under Vacco, and was staff attorney for the Organized Crime Drug Enforcement Task Force. A Bronx native, Battle no w 1ives in North Buffalo with his wife, Sheila and their three children. Source: Buffalo News, Jan. 26,1995 Tuition Jump, continued from 1 ****BAR REVIEW SCHOLARSHIPS**** Dear 1995 Law School Graduate: Due to the positive response to our fall scholarship program, BAR/BRI is again offering scholarships of varying amounts up to $250 each, to be applied toward current BAR/BRI tuition, including any early enrollment discounts. Recognizing the financial hardships that graduating law students face, we are offering these need-based scholarships to aid selected students defray the cost of bar exam preparation. BAR/BRI Bar Review will award up to $150,000 in scholarships for 1995 law school graduates. Interested applicants must submit a letter indicating their law school and describing their financial condition as well as any reasons why a scholarship is deserved (amount of loans, commitment to law, etc). The applicant must not have a commitment, for full-time employment with a salary of more than $30,000 following graduation from school. The applicant further agrees to renounce the scholarship should he/she receive a'commitment for full-time employment by May 15, 1995. You need not be a current BAR/BRI enrollee in order to apply for this scholarship. However, you must be enrolled in BAR/BRI for the scholarship to be applied toward your tuition. The decision as to whether to go ahead withtheNew Curriculum is largely contingent on what is eventually decided at the SUNY Central level concerning how the reductions will be allocated, Boyer explained. In the past, cuts were evenly spread throughout the entire system. There hasbeen some discussion of targeting higher cuts at certaincampuses and programs. How this will affect the law school is unknown at this time. However, due to admission offersthat must go out to next year's class, a decision on theNew Curriculum will have to be made soon. "We have a one monthwindowof opportunity [to decideabout] nextsemester'sclass," Boyer explained. "A decision will have to be made by the end ofFebruary." Although theUBadministration hasbeen supportive ofthe NewCurriculum effort, Boyer saidhe doesn'tknow what will happen with the New Curriculum at this point. "Wehave been able to muddle by with other cuts," Boyer explained, "but these cuts go to thefundamental nature of SUNY." The governor's budget must still be approved by the state legislature. Boyer urged all students to write to the governor and theirstate legislators since the impact on the law school will be "fundamental" if the cuts go through as outlinedby thegovernor. Your letter should be no more than one single-spaced typed page and should be returned to the BAR/BRI New York office - Attention: Scholarship Committee, by February 17, 1995. Students will be notified of their scholarship award by the end of March. These scholarships are not assignable and will only be honored for the bar exam in New York, New Jersey, Connecticut, Massachusetts, Maine, New Hampshire, Rhode Island and Vermont. Please specify in your letter which state's BAR/BRI bar review course you are planning to take. Next Issue: Feb. 22; Submission deadline Friday, Feb. 17. r——————— ————— Got some news? Tell us! 645-2147 i �4 EDITORIAL February 8,1995 AS Governor, op \ THE OPINION MVj X PROKAIS6 ... Volume ~ 35, No. 9 n VT ' Peter G. Zummo Managing Editor Editor-in-Chief Brace for impact Higher tuition. Morefees. Larger classes. Fewer programs. Less access. Lower quality. These are theconsequences if GovernorPataki' s proposed budget is approved. The governor's proposedbudget threatens to kill SUNY as weknow it. The first casualty will most likely be UB Law's much anticipated New Curriculum. According to Dean Boyer, the implementation ofthe innovative plan may be shelved indefinitely. This isan enormous tragedy especially given the great excitement the New Curriculum has generated. Withthe highly competitive employmentmarket, the New Curriculum wouldhave given UB Law students an extra attribute and more skills withwhich to further their careers. Itsloss willonly hurtfuture studentsand do little to enhance the reputation ofthe school. A second casualty, and even greater tragedy, will be the loss of good students who will no longer beable to afford the cost ofhigher education. While weallknow that costs go up, a tuition increase of $ 1,800 is not a modest one. It may be the difference between being able to attend the school and having to forgo a legal education. Coupled withtheloss ofTAP, some students willbe faced with critical decisions about their choice of schools. While we must all do our part to get the State's fiscal house in order, the governor should not try to balance the budget on the backs of students. SUNY can and should do its part, but absorbing cuts ofthe magnitude thatPataki proposed would virtually eviscerate the university, leaving it a shell ofits former self. Students must do everything they can to fight Pataki's budget plan before it is approved by the state legislature. They must empower themselves by organizing a concerted effort to pressure the governor and the state legislators. Asthe only state law school, UB Law should not be targeted for massive cuts, especially now whenthe school was finally about to launch into the 21 st century. Students can makea difference. We propose thatall UB Law students phone the governor'soffice inAlbany tomorrow. You don't have to givea speech, just voice your outrageat the proposed cuts to the SUNY budget and askthat funding berestored forthe only state law school as it looks to enter the next century. If we bombard his office with phone callsand tie up his lines, he won't beable to ignore us. The governor's telephone number in Albany is (518) 474-8390. Students can also write their legislators and demand that they reject the governor'sproposed budget. Let Pataki and the state legislators know that UB Law students willnot sitidly by and watch the dismemberment ofa unique institution. UBLaw has served as the entry point into thelaw for many generations and preserving itis our obligation to future generations of students. STAFF : Business Manager: Lisa C. Nasiak Production Manager Peter W. Beadle News Editor: Features Editor: Sam Chi Photography Editor: John W. Gasper Art Director: Len Opanashuk Assistant editors:News: JosephBroadbent and JohnFederice; Editorial: David Zammiello; Features: Flora Chanand Mike Chase; Photo: Molly Kocialski; Graphics:David Leone; Business: Eric Dawson and Jake Santos. Beat reporters: SBA: Steven Dietz; CDO:Daniela Almeida-Quigg;Alumni: Shelley Chao; Downtown: Michael Kuzma. Slabilizing:Colorissue (c*tfe O/sl Voo XInTLCWoRtAy W know you H/W _, . „ Iftn, February 8,1995 Founded 1949 Evan C. Baranoff EDITORIAL: / , Destabilizing: Gov.PaUki'saxeaod domail The Opinionisanon-rmifitjndependent.student-cwnedandrunpublication fimdedbv theSßAfrom studenttowfees.TheOpinion, SUNYAt Buffalo AmheretGimpus, 724JohnLoidO BrianHall)Buffalo,NewYork 14260 (716)645-2147. The Opinion is published everytwoweeksduringtheFall andSpringscmesters.il is thestudentnewspaperoftheStateUniversity ofNewYorkatßuffaloSchoolofLaw. Copyright 1995 by The Opinion, SBA. Anyreproductionofmaterialshereinisstrictlyprohibited withouttheexpressconsent oftheEditors. Submissiondeadlinesforletters totheeditorandPerspectives aresp.m. ontheFridayprecedingpublication.Advertisingdeadlines are6p.m. on the Friday precedingpublication. Submissionsmayeither besent loThc Opinionat theabovenoted address, droppedoffunderThe Opinion office doorfroom724 O'Brian Hall), orplacedin Box#10 or#280on thethird floorof O'Brian Hall. All copy mustbe typed,doubled-spaced,andsubmitted on paperandon a computerdisk (IBM- WordPerfect).Letters arebest whenwritten asa part ofadialogueandmustbe nomore thantwopages double-spaced.Perspectivesaregenerallyopinionarticlesconcemingtopicsofinterest lothelawschoolcommunityandmustbenomore than four pagesdouble-spaced. TheOpinionreadsandappreciatesevery letterand Perspectivewe receive:wereserve therighttoedit any and all submissions forspaceasnecessarvandalsoforlibelouscontent. TheOpimon will not publishunsignedsubmissions. Wcwillretum yourdisks to yourcampusmailbox orto aprivatemailbox ifaself-addressedstampedenvelopeis provided. TheOpinion isdedicated to providea forum for thefree exchange ofideas. Asaresult, the views expressed in thisnewspaperare not necessarily thoseoftheEditorsorStaffof TheOpinion. "Congressshall make no law ....abridging thefreedom ofspeech, orofthepress;..." --TheFirstAmendment Opinion Mailbox Public broadcasting deserves public support Republican leaders in Congress are trying to cut all federal funding to theCorporationfor Public Broadcasting (CPB), the federal agency thatdistributes grants to public radio and television stations across thecountry. Theyclaimthisreduction isnecessary to balance thefederal budget. Further, they charge thatpublic broadcasting has a liberal bias in its news coverage. While the denial of funding probably could not be considered a First Amendment violation, it stillhas thefeel of censorship. The elimination of funding would have a devastatingimpact on public broadcasting in general, including WBFO, the University at Buffalo's NPR News and Jazz Station. WBFO receives approximately $200,000 a year from the CPB. This money is used to purchase news and cultural programming from NationalPublic Radio, to provide local news coverage, to pay for locally producedmusic programming, andalso pay the costs associatedwithrunning a radio station. SUNY and theNewYorkState Education Departmentcon tribute 37 percent towards the cost, while listener contributionsmakeup 25 percent of the budget. For thepast hal f year, I worked as a Graduate Assistant at WBFO, and have seen firsthandhow thestation benefits ÜB. In lawclasses, loftenhear fellow students mention newsstories they heard on "Morning Edition" or "All Things Considered". While at the station, I answer phone calls from listeners interested in UB events because they heard about them on WBFO. People learn about jazz and other kinds of music they hear on the station, ormaybeaboutrepairing theirautomobiles by listening to "Car Talk". Public radio is educational in a sense the marketplace cannot provide. TheFederalCommunications Commission requires all radio and TV stations to broadcast "in the public interest", but commercialstations are more interested in maximizing their profits. That's the way you do business in the free market. They do this with programming that attracts the largest possible audiences so they can charge advertisers more for commercialtime. Advertising rates arebased upon thenumberof people listening or watching. Public stations do nothave thesesame competitive pressures. As aresult, they are free to provide alternatives to commercial offerings. Yes, we at WBFO wouldlike as many people as possible to listen, but our onlymandateis toserve thepublic interest. We do this by playing culturalmusic that most commercial stations would not touch. We cover local news by going intomoredetail then mostcommercial news formats allow, and NPR does this at a national level. In short, you cannot compare commercialand public broadcasting. Byprivatizing NPR, Congress wouldreduce this to anothercommercial offering, and thelowest common denominatorwouldprevai 1. WBFO's missionis more thanwhatyou hear on theair. This past semester, I co-taught a class called "Intro to Radio". Fifteen undergraduates learnedabout all aspects of working in the field. Fourof thesestudents are learning evenmoreabout radio by interning or working at the station this semester. WBFO has been a leader in posting informationabout NPR programs and community events on the internet. WBFO also offers free classical recitals every Wednesday evening, largely featuring local performers. These "Opus Classics" recitals are taped andbroadcast the following Sunday at Four. We are the only station toregularly feature theworkoflocal classical musicians. Wealso promote localart and cultural events on the air. Hopefully, this helps to boost attendance at themand benefits the organizations sponsoring them. Should WBFO lose its CPB funding, the station wi 11have some tough decisions to make. It isdoubtful that increased donationswould makeup for the loss of federal funds. This could involve cutting local news coverage, purchasing fewer NPR programs, or signing off overnights are amongtheotheroptions. Staffmembers will have to devote more of their weekly schedules to fundraising projects, meaning they willhave less time to spend on producing radio programming. At the national level, thefunding cut would also hurt the quality of programming. If fewer stations are able to purchase NPR shows, the network will not have as much money to produce them. Ifthe quality suffers at both the nationaland local levels, many listeners might stop tuning in and/or contributing. In an environment where donations are much morecrucial, the downspiral may not stop. Altogether, youpay slightly over one dollar ir in federal income taxes to support CPB. ic televisionreceives most of that. Only 29 cents goes to support public radio. This represents just 0.02 percent of the entire federal budget. CongressmanDavid Obey says what thegovernmentspends all year on public broadcasting would only purchase ten minutesof nationaldefense. The federal government supports public broadcasting, justas local governments fund publiclibraries. All taxpayers contributetowards them, regardless ofwhether they borrow books ornot. If users would like to make an additional donation, they can. The same principle holds for public broadcasting. We hope listeners feel strongly enough about our service to voluntarily make contributions,but ifthey cannotafford if, they are still able to enjoy the programming and theeducation it provides. Please write to your Representative and Sen-. ators and encouragethemto preserve public funding of public broadcasting. You can write to Representatives Bill Paxon, John LaFalce, Jack Quinn, andAmo Houghton c/oHouseof Representatives, Washington DC 20515orcall themat(202) 224-3121. You can reach SenatorsDaniel Patrick Moynihan and Alfonse M. D'Amato c/o U.S. Senate, Washington DC 20515, or call them at (202)225-3121. The bill is House Resolution 208: "A bill to repeal the statutory authority for the Corporation forPublic Broadcasting." Thank you X: BillßaffeUL �February 8,1995 FEATURES FEATURES 5 THE OPINION Love and Law School y Daring to dream the impossible Valentine s Day dream Pcial yifoneofthetwodoesn ByDanielaAlmeida-Quigg andMike Chase, Reporters (Editor'snote: Some ofthe names havebeen changedto protect the embarassed.] one has the same questions on their mind every day: When theheck are the grades gonna get posted? Am I going to have a job this sum- ■> twant scuss it." One second-year student,"Adam," not is dating anyone right now, but is lookingforsomeoneoutsideof law school. "I think that it is really difficult to be in aserious relationship andbe in lawschool at the same time. It's especially difficult ifyou dohave one andthenyouend it, and youhave to sit next to them in class every Is it easy to meet people outside of law school? "I'm from Buffalo, so I have friends in town and I think that makes a huge difference," says "Adam." So wheredo the rest of us go when we want to meet people? The New Pink Haven'twehadenough v already? But the one issue at theforefronthas got Flamingo, CPG,andtheSteerarepopular among lL's, but upper-class students don't have any suggestions forplaces to each other for one night, but meet non-law students. believe it was possible to have arelationship and be a law studentbefore coming to Buffalo. But it is. Dave, a 3L, is married, finds that the balance tween loveand 1aw is easily struck. "Weboth met out of college and were married a couple ofyears later. I think I anticipated pretty accurately what it wouldbelike [to be a married law student] and I think Robin did too. I study at home quite a bit, but sometimes you have to put thebooks asideand youj ust want to spend time with Leslie, a3L, is dating someone who she metbefore she startedlaw school. "I don'tfeel thatit washard to continue our relationship after I startedschool. In a lot of ways itmakes you more focused on both your relationship and school, individually. You are not in classes all day together, but you still want to see them, so you budget your time. Thenwhenyou do see them it's a complete release from school and you can really enjoy your- Kd your'squeeze'. "The hardest thing about being married andgoingto school, obviously, is having limited cash flow. But we have compensatedby having a lot ofnice time Not everyone shares Dave's optimism. Some people don't want to jeopardize theirlaw school career by dividing theirattention. And somejust don't think it's worth the time. "Sunny," a 3L who's not currently dating, feels that the prospect of a relationship withanotherlaw studentisn't so appealing. "I don'tthink itis impossible to have a goodrelationship, but I definitely think thatit wouldbe difficult. This is How about daily law school situa- really hard to bring new things to each other'slives when there is so much un- pleasantness." "Mary," a 3L, has been dating anotherlawstudentsince the summerbetween theirfirst and second year. "I think that it is easierto date someone who is in lawschoolbecause we'regoing through the same things at the same time. If I am wound up abouthow there are no jobs out there, heknows just what I am , tions? "He likes to compete with me, like say if one ofus getsanH andtheother a Q+, there's definitely some tension." However, shefeels thatthe biggest stress put on the relationship isn't the grades or Caroline, a IL, is singlebutcontent. "I think ifit wassomeone special enough, you'd find thetime [to make a relationship work.] Because I was going to law school, my boyfriend (of overa year)and Ibrokeup. Hewasgoing " We live vicariously through the out to get his M.B. A. and we knew that it was going tobe too demanding ofbothofustotryand see each other. He's about five hours away." Nor is Caroline looking for someone rightnow. "I don't think you should ever be out there looking forsomeone else. Hopefully if J the right person comes along I'll know it." So how doesshe findsatisfaction in See LOVE ANDLAWpage 6 livesofthecharactersofMelrose Place'and '90210', and that's all the relationship! need right now. It'sperfect because thatrelationship is only a two-hour commitment each week." - Caroline, 1L talking about." "The biggest down side is thefact that it's very difficult to planfor thefuture. The odds of one of the plans working out is hardenough, but to get two plans to work out, and to have those pi ans somehowbe , in the same area is even harder." the studying together, but trying to make future plans. "The stresson therelationship is the uncertainty for the future, : Stream ofUnconsciousness FeaturesEditor Valentine's Day? What's so happy about it? By Sam Chi Ah, that day of the year is just around the corner. Couples flitterabout holding hands and exchanging furtive smiles. Romance is in the air. Ah, that happy day wherepairs showereachother with flowers, chocolates, and repeat the mantra"Happy Valentine'sDay." Happy Valentine's Day? Well, what's so happy about it? J I admit it, I hate Valentine's Day. Lovey-dovey couples? what manner of imbecilic foolishness is this? This silly holiday, themisbegotten scionofHallmark andAmerican Greetings, this day when rancorous feelings within a pairbond are glossed over in a pitiful state of denial, the baser feelings only to resurface a mere day later. Yes, I'm pathetic, and yes, I B:r, ere was once a time when Valentine's Day was pretty cool. Girls were kinda' pushy back then. shopping. Be cheered by the fact you canbuy dozensand Valentine'sDay evolvedfrom these cutesy events dozens of dates there. Of course you'll have to take into things that require much more them out of their thought and trouble. first, but hey, Now it has become date is a date is a candies, cards, flowers, lingerie, dinner, Perhaps I flannel pajamas, and auld use this Vallittle statements of ntine'sDay to exnice love and affection. lore age-old quesYou knowtheones, the ons about me and tentativeand noncomx>ut relationships. mittal "I really like Here I am—a law you, but...,"the meek student, witty, elibut romantic "urn, of gible, and damn it, course,l,uh...uh,love | like me. people i you,"to the more conOh, who am I fident, but perhaps less romantic, kidding, I'm just a soppy wretch who secretly likes "oh sure, I'll still respect you in the sappy romance movies with happy endings. I'mj usttoo muchof a nice guy to have a meaningful, significant Being alone on Valenrelationship. I'm destined to forever be in the "friend ne's Day isn't that bad. Unzone." Never a date, just a friend. ittered by going to dinner or I mean, nice guys just finishlast. Women always >me other romantic pursuit, say that they want to date a nice guy. Well, people tell link ofall thefun you'll have me I'm a nice guy. So why can't I get a date? as you uh, wash your I've even contemplated doing that most last laundry. If nothing else, at ditch, desperate act—take out a personal ad. After much least you can have clean clothes next to your body. seeIHATE VALENTINE 'S Page After you do your laundry, you can go. .grocery Yes,Fm bitter; Fm pathetic, andyes, I dateless. Way back in elementary school. Thereeveryone tradedthose cheesy, cookie cutter cards that saidsimply, "Be my Valentine," and variations am thereof."You're fine, be my Valentine," "Be mine or I'll whine," and ray personal favorite, "Be mine or I'll break yourspine.' Women always say that they want to date a guy. Well, people tell me I'm a nice guy. So why can't I get a date? (Lorning." . ' .. . loxes 6 �6 FEATURES THE OPINION February 8, 1995 HappyValentine's Day The Roaming Photographer Opinion Love Blurbs This week's question is... I By MollyKocialski,. AssistantPhoto Editor Describe one of your Valentine's Days NY. I drove up to surprise him for the Valentine's Weekendand he unknowingly decided to go out with a groupfrom work. I sat outside the apartment waiting for him until Valentine 'sDay was long gone." Audrey Koscielniak CDOGuru Loveßlttrbsf Dearjoi: U, Uixs !>>».' ThetawSchaol "un"porfessional Staff PS. Hopeyou get this! (OrSomebody shows it toyati.) Tothehotblondei»32G: Last year I thought I diedand went to heaven, thisyear 1 am sure thatI am justdead. We imly ha \e t*o mure years left-wakeup! Hopeto seeyou soon. Beau. Barb P, Thanksfor your help, we couldn'thave done ttwithontyou! BJIL "They 're all the same, How can I tell?" Jason Thanks for all ofyourassistance with my viruses, computer viruses thatis! Hopeyou dktn 't catch anything you didn'talready have! I'dreality liketo check out yourREADMEfile, I'llEmailyou soon. MowSecret Admirer Sauntevia Major, 1L Karen Richardson, 1L "The Valentine's before my wedding, I was living in Washington, D.C. and my fiance had been transferred toA Ibany, For a good time call (HIS) 474-8390. Ask for George! Hey Dawn, Thanksfor last night! "Usually, myfriendand I celebrate Valnetine's Day without our boyfriendsandhusbands. We do a 'Girls Night Out' type of thing" Brae, Thanksfor the stories, thefriendship and the dark side • 1 'm sorry. A Friend Editor's note: Some ofthe quotations havebeenedited for length. The meaningshave not been Thr girt on page 22, You are so HOT!!! -thephysLtgnomist changed. to avoidher choice of topics, we ended up in an argument and never made it to dinner. Our date lasted43 minutes. Harriet, Where are you when I needyou so badly? "John MORE LO YE BLURBS ON BO TTOM OF PAGE 7 George Hamboussi, 1L "My worst Valentine occurred when I was a senior in college. For a week prior to Feb. 14 my ex-girlfriend hadbeen calling me and asked me outfor a Valentine's Day dinner. I went topick her up and thefirst words to come out ofher mouth were, "Oh, you look really good! What did you do to yourself?" From that point on the night went downhill. When we wentto theresaurant, something delayedeveryone, as we went to he bar to wait. As we waited, she began to drink to the point that brought up the reason for our break up. After trying Beware, Cupid Strikes with Flair. , Merlin Nazareth, 1L "/ gave a rose to my girlfriendon Valentine's day and the next day when I when to visit her I found the same rose in her wastepaper basket. When I asked'her about it, we happendtofind that it was her girlfriend who threw it in the basket as she was also interested in me." .. Love and Law continuedfrom page 6 her love life? "Every Monday and Wednesday my girlfriends and I get together and we live vicariously through the lives of thecharactersof'Melrose Place'and'9o2lo', and that's all the relationship I needright now. It's perfect because thatrelationship is only a two-hour commitment each week." Bill, another first-year student, just ended a two-year relationship which sufferedunder the strain of long-distance. "It got to thepoint where the next level of ourrelationship would be postponed for another two and half years. If we ended up together, great. Ifnot, though, it'sbetter to know now thanjust be missing each other for the next few years from three hours away. "Now that I'm single, I'm realizingjust how far into the ' friend zone' I am withall the women I thought were attractive at the beginning of the year. Looking outside of law school is withmy girlfriend that night. We had just met, and so I called her at 10:00 am and said thatI would pick her up at six. Right after I hung up, my partner walkedintomy officeand says that we have to go to Hornell and entertain some clients in a real estate closing. I asked what time we'd be back, and he said 'five-o-clock: no problem.' IHate Valentine's Day continued frompage 5 deliberation and a quick perusal through the personals key." section I've decided to submit an ad: "Features editor 1 ooking for a nice, femalereporter-type to write wonderful, passionate stories together. Must not mind when intimate details of relationship become column topics." It'll be there, between "I'm a nice guy,really," and, "Help, I'm John, a 3L, agrees. "My girlfriend doesn't go to law school, which is a prerequisite to me. However, she lives in Rochester, but I go down there every other weekend [too see her.]" Is it hard to have to drive an hour to see your girlfriend? "It's a piece ofcake. Because the thing is, I' drather do anything than be here. I woulddate a fat, ugly man just to get away from [the] University of Buffalo." Johnis lucky enough to have found someone who understands thepressures thatbecoming a lawyer puts on him. "I was working fora firm in Rochesterand I wassupposed to go todinner lonely and desperate, pity me." Okay, maybe not. Whenever I complain about the fact that I can't get a date, people inevitably counter, "why don't you just ask someone out." Ask someone out? What a concept! But thenI'dhave to change my whole personality. To paraphrase Jerry Seinfeld, I' dhave to get new friends, i nstallweird lighting, wear silk robes, and havecollections ofliniments andbody oils. Nope, I'm afraid I just don't have the guts for it. Oh well, maybe next year. ■ "It turns out that we HAD to go golfing andit went about two hours too long. Everyone was getting trashed. We didn't even make the turn until 5:30.1 looked at my watch and I was like, 'Uhoh, I'msupposedtobeinßochesterinhalf anhdurfor dinner.' All the partners said 'Oh, don't worry about it, you've got to test her sense of humor.' I was kind of intoxicated, so I thought they were right. "By the time we get to the 10th or 11th hole, the partners started to say, 'You're dead, I can't believe you just stoodher up, manyou are never going out with her again.' Ataroundeight, I called her from this bar in Hernial and drunkenly tried to explainthesituation. Shejustsaid,'Don'tworryaboutit. You are in the legal profession and if the partner says you have to go, youhave to go.' And that's when I knew...." Deep down we all hope it's possible to make a relationship work while we're in law school. But for now, Valentine'sDay is less than a week away. There's nothing good on T.V. on Tuesday night, so do something special. Go to dinner or rent a moviewith someone who you like to spend timewith. Or if you can't do that, buy a box of those cheesy message-hearts, pass them out freely, and make someone else's Valentine's Day special. I Features editor looking fora nice, female reporter-type to writewonderful, passionate stories together. Must not mindwhen intimate I details ofrelationship become column topics. " �February 8,1995 7 THE OPINION Sports Commentary: BAR/BRI presidentresigns 2L Volleyball team holds court Stanley D. Chess, president of Bar/Bri bar review, suddenly resigned last week. Chess, whowas associated withBar/Bri for 22 years, had been negotiating a new contract forthe past twoy ears, but was not ablf by Jeffrey Weiss, columnist Recent events have shown theworld that the impossible can become reality. First a great Chineserestaurant has actually popped up inßuffalo.Second, some lucky soulrecently drank a glass ofBuffalo tap water and lived Third, and most shocking, is that the Sunday morning divisionofÜB's intramural volley ball league was won by a team made upentirely ofLaw Students. Nonbelieversstep aside, "The Tortfeasors" have arrived. You can love them or hate them, but you better respect them or you're gonna get crushed. In only theirsecond season together, the Tortfeasors exhibited the characteristics that all great champions possess: focus, dedication, pride and persistence. Led by Captain Sada Manickam, the team came together and tookcare ofbusiness on thecourt ina businesslike manner. Captain Manickam's finest moment of the season was a vicious spike against a first-year law student team that left them in a state of shock. Dave Zagon and Shannon Mclnteewere the team's most explosiveplayers. The fury of this dynamic duo often leftopposing teams witha lookofgenuine fear in their eyes. Rumor has it thatthese two are in theprocess ofsinging a multi-year dealwith Nike. The team's most ferocious server was Gina DiGioia. In one game, the miraculous Gina scored on elevenconsecutive serves. The Tortfeasors were especially successful because every member of the team had a specific role. Theteam could count on Sheba Rourk for consistent bumping and setting. Sheba's mastery of these skills made her to come to terms withHarcourt General, the corporate parent of the largestbarreviewin to tellabout it. VICTOR V!: Members ofthe 2L Volleyball Team (Itor): Terry Brophy, Sada Manickam, Scan Kennedy, Shebaßourk, Jeffrey Weiss,Davelogon (3L),ShannonMclntee. much like a good point siveblockers. The Tortfeasors shouldbevery proud of guardin theNBA. ScanKennedy provided the the fact that they were crownedthekings ofthe team withsoliddefenseand offensive firepower. Throughout the season, Scan proved he was volleyball court. However, theirgreatest achievement was the"blood and guts" of the team by diving for loose ballsand doing whateverit tooktosecure not that they mercilessly crushed each and a victory. Terry Brophy was a defensive speevery opponent that got in their way. Rather, cialist and a well respected server who came the team's most significant accomplishment through in the clutch on numerous occasions was that theywere able to put theworldof law school on hold for a few hours each week by during the regular season and playoffs. Finally, Jeffrey (Don't call me Cosmo) having a great time. The team spent time together, joked Weiss was one of the team's most deadly offensive weapons because ofhis ability to around and hit some silly whiteball over net, just to have the other team hit it right back. spike with earth-shatteringauthority. In addition, Jeffreywas one the team'sleading defen- Who thought up this game anyhow? teammates better, the nation. In a move sure to send shock waves through the highly competi ti ye• $50 million bar review business, Chessannounced that he had been named chairman of the newly formed West Professional Education Group. This new venture, part of West Publishing, the largest legal publisher in the country, will enter thebar review business, possibly offering courses as early as this summer. Steven H. Levine, national director of Bar/Bri programs, also left Bar/Bri and joined Chess at West. Levine was named president of the new organization. ■: According to Chess, West had always consideredentering thebarreview business. "It's a logical outgrowth of what West already does," he said. Bar/Bri general counsel Eric P. Geller, confirmed that Chess and Levine hadleft the company. "We welcome new entrants in the marketplace; we welcome the competition."' Gellersaid "If West ts going to enter the market, we look forward to competing with them." Bar/Bri has approximately 70percent ofthebarreview business, with3s,ooo students in 46 states. Source: The NationalLawJournal, Feb. 13,1995. SATURDAY. FEBRUARY 11 7 :00 p.m. A Benefit for Animal Rights : Live with NYU Law School in historic Featuring Snapcase, Envy, Kindergarten and Tremendo at the Black Box Theater, UB South Campus. Show begins at 8 p.m.; tickets are on sale at the door. _ Greenwich Village this summer. • • • • Sponsored by SOLAR and UUAB. Central location in NYC's most charming neighborhood Apartments with private bedrooms in modem, air-conditioned, 24-hour security buildings Excellent living facilities for individuals and families Eligibility to buy a pass to use NYU's sports and fitness center; free, noncredit weekly evening lecture series —^^^^^^^^^ mmm 3:30 p.m. Animal Research: A scientific Critique. With Ron Allison, M.D. from the Physicians' Committee for JL " Approximate dates of stay? ■ 240 Mercer Street Pmmrrom' ! New York, NY 10012-1558 I FAX: 212-995-4033 ' J Day • State City j Phone ( | Evening Phone ( I School-CompanyAtfiliation ■ New York University is an affirmative action/equal opportunity institution ! I Zip ■ ) FRIDAY. FEBRUARY 24 9:00 p.m. Salsa Night: Dance the night away with LALSA. Tickets are $3.00 per person, or $2.00 if you bring a non-perishable food item. In the Student Union, refreshments and snacks available. | ) At the City I I Address 3:00 p.m. Mugel Tax Competition, Final Rounds. Court Building. I I | Name I inlo I I SATURDAY FEBRUARY 18 , I FAX or Mail to: I Responsible Medicine. Room 210. Sponsored by SOLAR. For more information on the SummerLiving Program at NYU School of Law, please FAX or mail the coupon below or ca 21 2-998-6512 ApplyEarly! One Week Minimum Stay May 27 August 12,1995 - MONDAY. FEBRUARY 13 VPCQMINg I * ! A-5 The Barrister's Ball, March 4 at the Buffalo Hilton. $20 per person for students and guests, $30 for falculty and alumni. Tickets available through the SBA. . . JFA. ILon You!Bemy Valentine -E ......... ... , ,I . ... * I loveyou Satan! -John Black K.-Heywbenare,egoingschuss.ng?JuslHanltoknoH: -P -, ThebestlLquesttontodale:Whoisßeginaandwhydoesshekeepsuingei-eryhody? j jl T Mwn r a \ lots o -L Gladtohai-eyou ToTMDKQ:Looking Mh us. Godknoos. ue forwardto fun at Otcfuture. ~, 7lZ Z. ~ needlhehelp.smilesandjokes!ltliinkyot,hiowlherest.-CXResq-wannabees uabui;-,u ~. t* ft i schml 7f I. ■» the copycenter To BARBIm :Tl,anksforallyourhet,.andsm,les.Welaveyou! thelaw j tt/ / »- t /# IW.•// . - DouggyctJat dc sabouttime -yeah. IJte ifs a hig surprise. Make,,.<o! Your fan cluh Rosesarered,Viotetsareblisler\;WithoulanaM'esomesupporlstaftVßLawwouldbehistorv! c.„. Iloveyoujennte-Evari George P., Thanks (ornothing!-SUNYstudent* better -sooner man you think! -Your friendsforever! TolhcD-sler.Donlworrv.thwgswillget „ „', r Sue. Ir>love you! Happy Valenttne sDay! Peter fi™™7 Z ... .... - ' .- . . Ifs Jam. again. Whoop,! (ditto) Herelam alone on my inland -wailingfor my dolphinto come. -Desperate i «*„,/_., „„.,.-..A. r.~— r a .r _.;........ Sendmc postcardsfrom (I miss you.) LA. PB:Ilm-e you: 1 musthai-eyou!-Hotß, hu, i.ho? Andthe childrenshalllead. It beenflu, '. —. - - ■ — -' .„.„ , „ _. . ~_ llopt noout war Love ruurbs are juslthatand The ilpinion taker no responsibilityforthem. offended. Personals.r. FREEH! luarllKOatulw, mieUprinlit. �8 February 8,1995 THEOPINION B ULLETIN DATES TO REMEMBER EVENT DAY/DATE SATURDAY, JANUARY 28 Lecture: SATURDAY, FEBRUARY 4 Constitutional Law (LIVE LECTURE) Presented by Prof. John Jeffries Location: UVA Law School ROOM 106 Time: 10:30AM 2:3OPM Tuition: FREE for all students Lecture: Corporations (LIVE LECTURE) Presented by Stanley D. Chess, Esq. ROOM 106 10:30AM 2:3OPM FREE for all students Location: Time: Tuition: - - FRIDAY, FEBRUARY 10 official filing deadline FOR MARCH 10th MPRE FRIDAY, FEBRUARY 17 filing SUNDAY, FEBRUARY 26 Lecture: deadline for summer 1995 BAR/BRI COURSE SCHOLARSHIPS Location: Time: Tuition: TUESDAY, MARCH 21 NOTE: CLASS OF '97 & '98 WEDNESDAY, APRIL 12 - MPRE (Tape Lecture) Presented by Stanley D. Chess, Esq. ROOM 106 10AM 2PM FREE for BAR/BRI enrollees - i) 1995 book distribution begins 2) CLASS OF '95 $125 NY DISCOUNT ENDS ($5O discount until April 12) 3) CLASS OF '96 $155 NY DISCOUNT ENDS ($125 discount until April 12) $155 NY DISCOUNT CONTINUES UNTIL APRIL 12 - last day for: d book pick-up 2) discounted tuition THURSDAY, APRIL 27 filing period begins FRIDAY, MAY 19 ny WEDNESDAY, MAY 24 ny course begins at tape locations SATURDAY, MAY 27 filing period buf-595 for JULY 1995 NY BAR EXAM course begins at live location ends for JULY 1995 NY BAR EXAM � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Opinion, 1995-02-08 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. Opinion Vol. 35 No. 9 Date Issued Date of formal issuance (e.g., publication) of the resource. 2/8/1995 Bibliographic Citation A bibliographic reference for the resource. Recommended practice is to include sufficient bibliographic detail to identify the resource as unambiguously as possible. 35 9 Publisher An entity responsible for making the resource available University of Buffalo State University of New York at Buffalo Law School Language A language of the resource eng Type The nature or genre of the resource Newspapers Text Is Part Of A related resource in which the described resource is physically or logically included. LIB-LAW003 Rights Information about rights held in and over the resource <a href="https://rightsstatements.org/page/CNE/1.0/">COPYRIGHT NOT EVALUATED</a>. The copyright and related rights status of this Item has not been evaluated. Please refer to the organization that has made the Item available for more information. You are free to use this Item in any way that is permitted by the copyright and related rights legislation that applies to your use. This digital collection is made available for research and educational purposes. Researchers are responsible for determining copyright status, and securing permissions for use and publication of any material. Copyright for items in this collection may be held by the creators, their heirs, or assigns. Researchers are required to obtain written permission from copyright holders and the University Archives prior to reproducing or publishing materials, including images and quotations. For inquiries about reproduction requests and permissions, please contact the <a href="http://library.buffalo.edu/archives/">University Archives</a>. If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/aea9c6cacbf3faa467854f0c98b9cd00.pdf bbbef9fefe1ab4954728703df8df130b PDF Text Text , ,, ' |■■™■■■■^~,^■■"■I■™,III■■■■■■■ ■■*I ~,,^^ I R J Sh effer recounts work on Pataki's transition team. See story on page 3. OP\ED I SBA sendsfacultyletter I warning about grade deadline. See page 4. (FEATURES GroupSpotlight: L A.. T.I.S. See Bringing the issues to thestudentssince 1949 THEOPINION Volume 35, No. 8 January 26,1995 STATE UNIVERSITY OF NEW YORKAT BUFFALO SCHOOL OF LAW Law student survives Kobe quake by Sam Chi, Features Editor UBLaw studentLisa Dalfonso experienced, first hand, Japan's deadliest earthquake in 70 years. But upon returning to Buffalo, Dalfonso, 25, is spearheading local relief efforts forKobe. Dalfonso, who is in her fourth year of a joint JD/MA in political science, went to spend a semester in Japan as a part of an exchange programbetweenUBandKobe's Konan University. She hadbeen in Japanonly four days, staying with a local Japanese host family, before the devastating earthquake hit. "I was just getting settled in," she said. "Just getting used to the house, thefood, the dog." Measuring 7.2 on the Ritcher scale, the quake struck at about 5:45 am, Kobe time."lt was loud, like a trainwas rushing past my head," she said. "It was still dark. I was still awake because of the time shift." Although shewas familiarwith the house, thedark anddamage done by the earthquake madeit difficultto get out of her room. Dalfonso, who was not inj ured, was forcedto climb over furniture. As soon as she got out, she ran upstairsto lookfor her hosts, Mr. and Mrs. Takabatake. Mr. Takabatake crawled out of his room to meet Dalfonso. They wereforced to break downa dooranddi g Mrs.Takabatake out from under a pile of furniture. Fortunately, neitherhost nor hostess were seriously injured. At about 7:30, the triowalked out onto the house's veranda and caught their first glimpses of the damage. Mr. Takabatke, an executive for Kobe steel, used a cellular phone to check on his children in Osaka. Delfonso was then able call her family andleave a briefmessage. By midmorning, she and her host family venturedoutoftheirhouse and into a shared courtyard. Surveying the damage, Dalfonso said that between nine and 10 wood frame buildings in her immediate neighborhoodhadbeen toppled. Thehome of herhost family, madeof concrete, was theonly one inthe neighborhood still standing. Contrary to reports stating otherwise, Dalfonso did not directly observe any deadbodies.Butshewas aware that people had died. From timeto time, she saw men bringing sheets out of the destroyed homes. The sheets presumably contained victims who were not so lucky. "It just felt weird," she said. "No one expects it. To lose everything, people, houses, everything in less than a minute." Dalfonso said that she could see smoke rising from natural gas explosions in industrial sections of city. Evenafter the quake was over, the city was rocked by aftershocks. She said that she eventually learned Hundredsofthousands ofpeople saw theirhomesbe destroyedby theKobe earthquake, which measured7.2 on the Ritcherscale. Kobe death toll hits 5,000 to tell the differencebetween natural gas explosions andaftershocks. Although thehome ofherhost family was still standing, they were reluctant to remain in the house. Rather, they elected to spend the night in theircar. Dalfonso said that many other familiesalso camped out in their vehicles. After spending Wednesday trying to clean up and salvage items, thetrio spentWednesday night at a family friend's home north ofKobe. Dalfonso said that buildings north ofKobe, as close as As of yesterday, Jan. 25, the death toll from the quake stands at 5,073 dead, 26,509 injured and61 missing. Approximately 75,000buildings were damaged or destroyed. 307,000 people, or one-fifth of Kobe's population is living in tents and makeshift shelters that were established inschools and govern- SeeSURMVORonpageS mates of the rehabilitation costs ment buildings. Current governments esti- Economics moves out of O'Brian Hall byPeterZummo, Managing Editor The Economics Department completed its move from O'Brian Hall to Fronczak Hall, Associate Dean Marlene Cook confirmedlast Friday. "We are only waiting for them to officially turn over the keys, but they have movedout ofthe building" said Cook. The 31 offices that are now available to the law school have already begun their transformation. Carpets have been shampooed and all the offices will be painted. The painting, whichbegan last Monday, will take between eight daysand two weeks to complete. New telephone lines have been ordered and should be installedwithintwoto fourweeks. As for furniture for the new office space, Cook said that due to thechronic shortage of funds, the law school is trying acreative approach. "We arelooking for surplus furniture and are speaking withdifferent law firms about excess furniture they might like to give to the school." To this date, several firms have contributed furniture. The firms interruption to thesmoothfunction- One ofthe31 offices now available to thelaw school now thatEconomics has moved out ofO 'Brian Halland intoFronczak. "will get a tax write-offfor contribmoney we have to start up theNew uting the furniture to a non-profit Curriculum and hire new professors organization" said Cook. In addiandstaff. Wewouldalsoliketopaint tion to approaching law firms, exthe second floor classrooms" concess tableshavebeen procured from tinued Cook, "butifwe have to buy theEducation Department andEcosome furniture, we will." nomics left some desks and filing Thespecifics ofwho will move cabinets in the offices. into the newly acquired space have If the searchfor donatedfurninot yet beenfinalized. Cookis workture will notprovide forall theneeds ing withprofessors andstaffinvolved of the school, thennew furniturewill in the move and is trying to coordibe purchased. "We want to use the nate the move to cause the least ing of theschool. "I realize that we are in the middle of the semester and some professors may not want to move until the summer. That'sfine. They can move when they want to." So far, it appears that the CareerDevelopment Office(CDO) will be thefirst to make the move. It will be moving t0609,610,61 land6l2. The former CDO space will be taken over by Alumni and Fundraising. Many of the clinic offices will also be moving in the next few weeks. The offices on theseventhfloor will be used for the new Research and Writing program and for the new faculty hiredaspart oftheNew Curriculum. Student groups should not feel left out. Cook confirmedthat some offices will be made available for student organizations. The space will be assigned to the SBA, which will then in turn determine which student groups will be able to move into the new spaces. Cooksaid that more details will be finalized in the next few weeks. range from $30 to $80 billion, although someprivate forecasters are predicting even higher amounts. Tha city official in charge of restoring Kobe's watersupply after 1ast week's devastating earthquake apparently has killed himself. Police say he jumped out of a fourthstory window. He didn't leave a note. He'dbeenworking aroundthe clock to get service restored, but more thanhalfof the city's homes still don't have water. Commencement time and place finalized T, IhyEvimßararujff. Editor-in-Chief Commencement will take place I p.m. Saturday, May 13, at theFine Arts Center, accotdi ng to aUßLawadmi!. "'lt's cast in stone,",said Dean Aundu Newell, explaining that since the administration is paying for the ceremony and is doing all the work tot the ceremony, thedeans make thefinal decision. Newell said that she told Student Bar Association President Ben Dwyer about the commencement plans last semester, but never received any feedback fromstudenSbeyotidDwyer's rec- ommendations. Dwversaid he recommended that this year's commencement take place in the Fine Arts Center tor two reasons. First, after attending last year's commencement and talking to graduates last year. Dwyer . SeeCOMMENCBMENTpage 2 �NEWS THE OPINION 2 Vacco and Boyer to speak at Alumni luncheon State Attorney General Dennis Vacco will be the keynote speaker at a UB Law Alumni Association luncheon to be held in NewYork City this Thursday. Heis scheduled to speak about his plans and priorities for the Attorney General's office. Vacco, who graduated UBLaw in 1978, is currently an active director of the law school's Alumni Association andalso teach- es Trial Technique. UB Law School Dean Barry Boyer will also speak at the luncheon about significant changes at the lawschool, including a progress report regarding theNew Curriculum. The cost of theluncheoniss3s per person and $20 for those graduating in 1990 or later. Students interestedinattendingshouldcontact Ilene Fleischmann at 645-2107. January 26, 1995 Commencement, continuedfrom page 1 needextratickets will probably be able to get them by trading with friends, adding that no student responded to her memo which told students whoneeded extra tickets to cootact her. The commencement committee met yesterday to heginchscuvsingposstble candi dates for a keynote speaker. McLeod said that it is often difficult to find someone willing t.:> spe.ik at commencement because the keynote speaker doesn't get compensated for her time. said be believed the Fine ArtsCentet to be a more attractive setting tor graduation. "The students deserve to have a classy graduation," he said. Second, the only way to avoid holding graduation on Mothers' Day [Sunday. May 14] was toroove it toanothet locatinruhke the - Dwyer, 2L. admitted thathe has made no comprehensive effort to seek input trom third-yearsabout commencement, although he said he may have talked to a handful of third-yeats. He said the reason he didn't survey the third-year class was because students rarely take theti me torespond to such surveys anyway,citingtheSßA'slastsurvey as precedent. Although holding commencement in Fine Arts (which seats almost I,Boo} will mean seniors will be limited to six guests Dwyer said that the SBA executive hoardhas already hadsomediscussions concerning commencement,although the topic was never raised at an SBA meett ng last year. He said thesearch for a speaker has been an ongoing process which started last semester and is just now "kicking into gear" ' each, commencement coordinator Marie McLeod said that shouldn't be a problem. "They'II be lots of extra tickets around." she said. "We never run short." Headded that commencement is on the agenda for today \ SBA mec-nng, which be- : gins at 3 p.m. in room 207, He added that the students must also vote on a student speaker later in the semes* ter. but gave no timetable for that speaker's She explai ned that many students don't even use all six tickets and others won't even attend the ceremony. She said students who selection. Erie County Bar Association sponsors food drive The Opinion is seekingassistant editors, reporters, photographers, and graphic artists. Ifyou're interested injoining, call x2147 ordrop a note in Box #10. The sixthannual Erie CountyBar Association (ECBA) "Have A Heart Food Drive" will take place thisyear from Monday Jan. 16 to Wed. Feb. 8. The drive benefits the Food Bank ofWestern New York. The food bank has been hardhit by the federal government'sharp cut in foodcontributionsand competingagainst "seconds" stores for surplus foods. FoodBank Executive Director James Serafin confirmed that while the needforfood by thefoodbank has grown from 7 percent to 24 percent since 1991, contributions have"droppedsignificantly overthe past AttentionLaw Groups! Advertise your meetings and events in The Opinion. Call x2147 or drop a note in box 10. 11l Live with NYU Law School in historic Greenwich Village this summer. • • THEOPINION • • SPRING 1995 PUBLICATION SCHEDULE Central location in NYC's most charming neighborhood Apartments with private bedrooms in modem, air-conditioned, 24-hour security buildings Excellent living facilities for individuals and families Eligibility to buy a pass to use NYU's sports and fitness center; free, noncredit weekly evening lecture series One Week Minimum Stay May 27 Issue tf: SubmissionDeadline: Issue Out: *No. 8 Jan. 20 (Fri.) Jan. 26 Feb.3{Fri.) For more information on the Summer Living Program at NYU School of Law, please FAX or mail the coupon below or call 212-998-6512 Apply Early. Volume Ac?, #35 No. 9 three years." The ECBA is counting ongroups like UB Law to assist them in this effort that truly directly affects people's everyday lives. Nonperishable food or money donations will be accepted on Thurs. Feb 2 through Tue. Feb. 7, from 10 a.m. to 2 p.m. outside Room 106. Checks may be made payable to TheFoodßank of Western New York. Donations can also be droppedof outsideDean Carrel's office, Room 312, at timeswhen the tableis not available to receive students contributions. (Thurs.) Feb.B{Wed.) No. 10 Feb. 17(Fri) Feb. 22 (Wed.) No. 11 Mar. 3 (Fri.) Mar. 8 (Wed) No. 12 Mar. 24 (Fri.) Mar, 29 {Wed.) No. 13 Apr. 7(Fri.) Apr. 12 (Wed.) August 12,1995 I FAX or Mail to: I I 240 Mercer Street New York, NY 10012-1558 ! I . Approximate dates of stay? I I FAX: 212-995-4033 - p hrom 10, I Name * Address State .City ■ Day | Phone ( Evening Phone ( Zip .__ ) ) I SB University is an affirmative action/equal opportunity institution New York A-5 • I Note: T,hs,Qpittisft w the official newspaper ofthe University al Buffalo School ofLaw andpublishes twice a month duringtheFall and Springsemesters. Deadlines are firm and late submissionsare subject to the publishing discretion ofthe Editorial Board ofThe - School'CompanyArfiliation �NEWS THE OPINION January 26, 1995 Professor Sheffer recounts work on Governor Pataki's transition team by Joseph Broadbent, NewsEditor Professor John Sheffer II described his recent work aspart of GovernorPataki's transition team as "an extraordinarily interesting experience" andas a goodbeginning to the new administration's approach to higher education. During a three-weekperiodin December, Sheffer served as a member of the transition team's Higher Education Committee, which issued areport to theadministration outlining the framework of issues in higher education and recommending specific proposals. Initially, the committee was fractured among thedifferentsectors of higher education with some members demonstrating "a clear anti-SUNY bent." By the end of the threeweek period, though, the divisions were overcome and the committee was able to issue a final repq/t that Sheffer describedas "rational Law profesorJohn Sheffer talkedabout his experience on GovernorPataki's transition team. and fair to SUNY." fiscal problems, whichhe believes it can be if any examples of specific Committee recomSheffer was pleasantly surprised thatthe mendations. He did state that thecommittee it can play a more active and collaborativerole committee's workfocused on substantive polwas not involvedwith theissue of eliminating in economic development. the NYS Board of Regents, an intentionPataki Although the formal work of the transiicy recommendations instead of merely rection team is over, Sheffer emphasized that ommending personnel appointments, which announced in his State of theState address. Sheffer had expected. According to Sheffer, the most discour- "follow-upis vital." He hopes thatSUN V and The committee issued its final report at aging aspect is the budget picture. Someofthe othersectors of higher educationwill followup the end ofDecember. The report contained a Governor'sbudgetpersonnel briefed the tranon the committee's report, which will involve number of specific proposals, most of which sition team andforecast a $4.5-5 billiondeficit working withthe Governor's educationassisSheffer said he agreed with. While the time for the 1995-96 fiscal year, a deficit Sheffer tant, who has not yet been appointed and who constraints didn't allow for theinnovativekind believes wouldhavebeenpresent regardlessof willplay a largerole in establishing theadminof approach he would have preferred, some who hadbeen elected Governor last Novemistration's approach to SUNY and higher edu"solid recommendations" were made. ber. The largedeficit will makefor a very tough cation in general. Sheffer personally plans to Sheffer statedthat two overall goals were situationfor everyone involved, including highkeep in touchwithother committee members fundamental to the committee's recommener education. and the administration in order to "flesh out" Sheffer stated that he has no doubt that the policy framework the committee estabdations: the goal of providing quality educathere will be a "tough budgetary picture" for lished. tionand the goal ofutilizing SUN V as apartner withthe state government. Due to the fact that SUNY in the Governor'sbudget whichis due Sheffer statedthatthecommittee clearly Pataki hasn'tannounced whichrecommendaon Feb. 1. However, he hopes thatPataki will didn't have enough time to address all the tions he would follow, Sheffer couldn't give see SUNY aspart of thesolution to the state's issues adequately. However, far from being a wasted effort, the committee's work was a beginning and did establish somebasic policy objectives which canbe developed more fully by the administration. He hopes that the committee contributed to the Governor's thoughts about the issues and how to address them. WE'RE NOT THE BEST BECAUSE WE'RE THE BIGGEST WE'RE THE BIGGEST BECAUSE WE'RE THE BEST BAR REVIEW 800-472-8899 SRA warns facultyabout grade deadline byEvan Baranoff..Editor-in-Chief The Student Bar Association executive board told TheOpinion that they were sending a letter to all law faculty "to remind [them} about the i tnportance to thestudents of the timely submission of grades." The deadlinefor professors to handintheirgrades io A&R is Feb. 15. "Wewantthem [grades] notsimpiy for curiosity sake," said SBA President Ben Dwyer, "but because students have real needs, i ncluding employment needs, fortime- !y grades." "We want them[grades] not simply for curiosity sake,but because students havereal needs ...for timely grades. " -'SBA PresidentBenDwyer The letter (see page 4 for complete ng to Dwyer, is mandated by the SBA's bylaws because ofsomefacttl ty members' continued failures to meet the grade deadline, which this year Ls Feb. 15. Dwyer said the letter is "beefy" and not just a routine reminder about the deadline. In the letter, Dwyer cited specific examples where late grades hurt Students, j "...One student described how he had applied to another law school for admission to me-semesier visiting smdent pre tjram and wasrejectedsoley because his transaipt from UBLaw was incomplete." Dwyer explained in the letter. In addition to employment needs and transfer programs, Dwyerexplainedthat timely grades wouldalso helpstudent morale, as well asgivestudentsneededf'eedback, Dwyer text), accord! a. said. Dwyercondudedby asking the faculty effort to meet the Feb. 15 deadline." to "make every possible Barrister Ball to be held March 4 by Evan Baranoff, Editor-in-Chief Law students should start polishing off their dancing shoes because the Student Bar Association will be sponsoring its "Barrister's Ball" on March 4. The SBA's semi-formal, scheduled to start 6 p.m. Saturday, March 4, will be heldat theBuffalo Hilton, 120ChurchSt. in Buffalo. The dancedate was movedback from February because of time conflicts with other events. "The main goal is a school-wide social event promoting unity," said SBA President Ben Dwyer. The SBA announced its plans for the semi-formal at an informal SBA meeting held 5 p.m. Thursday, Jan. 19, in the SBA office. The event will include a sit down dinner, dancing and athree-houropen bar. Tickets will cost $20 and will be sold at a tableoutside the law library until a weekbefore thedance. Cash or checks will be accepted. The SBA will subsidize the event bykicking in another $ 10 perperson. Dwyer said that the event is not just for couples. "People shouldn't think that if they don't have a datethat they shouldn't come," he said. "Tons of people will be going stag." The event will begin with a cocktail hour from 6 to 7 p.m. Dinner will be servedat 7p.m. Students will have a choice of two different entrees or a vegetarian dish. After dinner, (here will be a two-hour openbar. At 11p.m., after theopenbar, students can gain free entry intotheHilton's night club, LeClub. 1994 BAR/BRI 3 D.J. Mike Setlock ofKixx Night Club at the Radisson Hotel will provide the dance music for the event. There are also tentative plans for a string quartet to play during dinner andalso for a comedian to perform. Veronica Rodriguez, first-year class director and the event's coordinator, said travel problems shouldn'tget in theway ofstudents from going to the event. "Ifsomeone doesn't have a ride, get in touch with an SBA rep and we'll make arrangements," she said. Barrister Ball revisited A) though alleged by the SBAIo bethe "first annual Barrister BalL" the Ball actually dates back to the law school's pre<- SUNYdays. According to the book "University at BuffaloLaw School: 100years,"whichwas published by the BuffaloLaw Sc Ik>ol Alum • ru Association, the "Banister Ball was an annual event during the 1920s and '30s. However, during World War M the dance wxs suspended because of an absence of male dance partners. In 194V, the Barrister Ballwas renewed by theSßAandcontinuedtobeheldannuaily through 1958. OnMarch 22,1969, the List consecu| live Ball was held at the Schraff"sMotorlnn in Niagara Falls. Campus unrest brought about by the Vietnam Warcaused the SBA to cancel the dance. The: SBA tried to revive the Ball in 1979 when the so-called "first annual" Barrister Ball was held at the Buffalo's Athletics Club. However, the dance never materialised into an annual event. Thus, the SBA's "firstannual" Barrister Ball is actually approximately the 42nd give ot lake a year -- additional research provided by PeterZummo �EDITORIAL THE OPINION 4 1 opinion _ ... Volume 35, No. 8 ._ XT Founded 1949 January 26, 1995 mßr . January 26, 100 199 Peter G.Zummo Managing Editor EvanC.Baranoff Editor-in-Chief EDITORIAL: Whose graduation is it anyway? The UB Law administration has recently decided to move the graduation from Alumni Arena to the new Fine Arts Center, and to change the day ofthe graduation from Sunday to Saturday. This year's commencement will take place at 1 p.m. Saturday, May 13, in the Fine Arts Center. Thereasons for the move are legitimate. First, theadministration wanted to avoid holding commencement on Mothers' Day Sunday, May 14; to do so, they had to change the location oftheceremony. Second, the Fine Aits Center seemedlike a classy place to hold the ceremony. So what's the problem? The problem is procedure: Graduating seniors were never asked what they wanted and never had the opportunity to give their input. Many students have expressed their disappointment with the change for one principle reason: Graduates will be limited to six tickets for guests. Unlike the virtually unlimited seating capacity at Alumni Arena, theFine Arts Center onlyseats 1,800; thus the reason for the ticket limitation. However, the point is not anymore whether theFine Arts Center is a good place to hold commencement or whether it should be held in Alumni Arena or outside at Baird Point. According to an associate dean, the decision is "cast in stone." The point isthat the graduating seniors were excluded from the decision-making process, and theblame must be shared by theadministration, the StudentBar Association, and, yes, the graduating seniors themselves. Theadministration decidedthat it doesn 't matter where the students might have wanted graduation to be held. One administrator explained that since the university pays for itandthe administratorsdoall thework for it, they should make the decisions about the time and place of graduation. We find this argument disingenuous. If the "university" ispaying for it, we are paying for it. Students pay tuition. Students (and their families) pay thousands of dollars i n state taxes. This is a public university, and we are the public. Like it or not, in a sense, employees at the university work for us. And if they have to work at the graduation, so what? They are collecting a pay check every two weeks; so what's the problem? It is the students' graduation— not the administration's. According to SBA President Ben Dwyer, the commencement reception is paid for by the SBA, again from our student activity fees. Let's end this argument right now, and put it out with the "recycleables" where it belongs. The administration is not entirely to blame. To theircredit they didraise two valid points. First, Marie McLeod sent third-years a memo explaining the change in location and the ticket limitation, and requesting that students that have a problem should contact her office. No student ever did. According to McLeod, six tickets shouldbe sufficient for most students, and extra tickets can be obtained from students who don't need all their tickets, or from the 20 to 30 students who generally don't attend the graduation at all. Another administrator added that no students offered any input last semester when plans were being finalized. Well, how could they when they didnot know what was going on. Which brings us to the SBA's part in this situation. See THEEDITORIAL, continued onpage 6 STAFF Lisa C. Nasiak Production Manager Peter W. Beadle NewsEditor: Joseph Broadbent Features Editor: Sam Chi Photography Editor: John W. Gasper ArtDirector: Len Opanashuk Business Manager: Assistant editors:News:John Federice; Editorial:David Zammielloj/Vioro.' Molly Kocialski; Graphics: David Leone; Business: Eric Dawson and Jake Santos. Beat reporters: SBA: Steven Dietz; CDO:Daniela Almeida-Quigg; Alumni: Shelley Chao; Downtown: MichaelKuzma. Contributing Staff: Michael Chase, JimGerlach and Jeffrey Weiss. Computer consultant: Peter Beadle Stabilizing: Guts, glory and ego Destabilizing: Newt, Billand OJ. The Opinion isanon-profit,independent,student-ownedand run publication fundedby the SBAfromstudent lawless. TheOpinion. SUNYAtBuffaloAmherst Campus, 724 JohnLordO'Bnan Hall,Buffalo,NewYorkl426o(716)645-2147. The Opinion is publishedevery twoweeksdurintjtheFalland Sprint? semesters. It is thestudentnewspaperoftheStateUniversity ofNew Yorkat Buffalo.Schoolofl.aw. Copyright 1995 by The Opinion.SBA- Anyreproduction ofmaterialsherein is strictly prohibited without theexpresscoasenlof theBdj tors Submissiondeadlinesforletters tothecdilorand Perspcctivesare 5 p.m. ontheFridaypnxedingpublication. Advertisingdeadlines are6p.m. on the Fridayprecedingpublication. Submissionsmay eitherbe sent toTheOpinionattheabovenoted address, dropped offunderThe Opinionofficedoorfroom724 0' BrianHall),or placedinBox#loor #280on the third floorofO'Brian Hall. All copymust be typed,doubled-spaced,andsubmitted on paperandonacomputerdisk(IBM- WordPerfect). Lettersare best when written asapari ofa dialogueandmustbenomore thantwopages double-spaced.Perspectivesare generallyopinionarticles concerningtopicsof interesttothelaw schoolcommunityand must benomore than fourpagesdouble-spaced. The Opinionreadsandappreciateseverylelterand Perspective we receive: wereserve theright to editany andall submissionsforspaceasnecessary andalsoforlibelouscontent- TheOpinion will not publish unsignedsubmissions. Wewillretum yourdisks to yourcampusmailboxor toaprivate mailbox if aself-addressedstampedenvelope is provided. The Opinion isdedicated to providea forum forthe free exchangeof ideas. Asaresult, the viewsexpressed in this newspaperare not necessarily thoseoftheEditors orStaffofThe Opinion. "Congress shall make no law ....abridging thefreedom ofspeech, orofthepress;..." —TheFirst Amendment <• o21l — 3r - - OpinoMailbox An open letter to the law faculty: Timely grades are important Dear U.B. Law Professor: Onbehalfof thestudentbody of theU.B. Law School, we respectfully write to remind you about the importance to students of the timely submissionof grades. We recognize that each semester most professors submittheir grades to Admissions and Records before theLaw School's grades deadlineand thatthis semester most will have done so by the February 15 deadline. We appreciate this and thank thoseprofessors. Regarding thelate submissionof grades, we realize that professors' schedulestend to be rigorous and thatthe carefulreading ofscores of lengthy essays is no easy task. We understandthat an extraordinary workload in a particular semester may makeit impossible for a professor to follow the deadline strictly. Nevertheless, on behalfofthe many students whoask that we do so, we would liketo take this opportunity to remind you of the importance to studentsof timely submission. The significance of the deadline to students goes well beyond the usual curiosity about one's grades. Late grades may have real impacton students' employment andadvancement opportunities in the real world. Last May, the Student Bar Association surveyed departing 3Ls regarding how late grades hadhurt them. One student described how he had applied to another law school for admission to a one-semester visiting student program and was rejected solely because his Law was incomplete. His transcript from March 1994letter to the Opinion describing the incident is attached. Another wrote that she waited eight months for a practicum grade from a professor who had theevaluationfrom the on-site supervisor during thattime. During the time that the transcript was incomplete, she sought employment but felt that the incomplete transcript hurt her credibility and dependability in the eyes offuture employers and consequently her employment opportunities were "compromised." Another student interviewing in March, with a transcript acquired at that time but with only two grades from the previous semester,reportedhaving to endure comments from the potential employer "to theeffectof'whatkindof school do you go to anyway?'" Finally, late grades hurt students' morale. One reported that he or she received only one "H" in the first semester of law school, butbecause it was postedso late in the second semester, he or she had trouble getting motivated in thesecond semester without themoraleboostthatthe H wouldbelatedly bring. We hope thatthese examples convey the real impact on students and that you will make every possible effort to meet the February 15 deadline. Thankyou. Sincerely, The Student Bar Association Executive Board: Benjamin Dwyer, Leslie Machado, Elizabeth Jewett and Adam Easterday Write to The Opinionl Ifyou have an opinion on anything published in our newspaper or on any currentevents topic that concerns the law school community, write All submissions are due the Friday before we publish. Your submission must be typed, doubled-spaced, and submitted onpaper and on a computer disk (IBMWordPerfects. 1 format). The Opinionreserves theright to edit any and all submissions for space as necessary and also for libelous content; we will not publish any unsigned submissions. Send your submissions to TheOpinoffice ion or place them eitherbox 10or 280. The next submission deadline is Feb. 3 for the Feb. 8 issue. Correction: Reporter Michael Kuzma wrote the Dec. 7 article "County presses ahead with new courthouse plans." �THE OPINION FEATURES January 26, 1995 5 Group Spotlight:Law and Technology Issues Society FEATURES Group keeps up as technology marches on by Mike Chase, Reporter UBLaw's first group to discuss how advancing technologies affect law has just been formed, and will kick off this semester with activities designed to enlighten and educate the entire UB community. The Law and Technology Issues Society, or L.A.T.I. S., will bring together students interested in intellectual property/copyright/patent law, biomedical law and ethics, information technology and access, and will teachstudents how to usenew technologies like theInternet. L.A.T.I.S, established last semester, was recognized and granted some funding by the Student Bar Association. It brought its first speaker to the law school, Kathleen Terry, M.S, J.D., on Dec. 1. Terry spoke about patent law in different settings, and sharedsome ofher experiences as Director of Technology Transfer forÜB. "We're planning other speakers to speak on copyright and intellectual property issues, as well. More awayfrom job prospects and more towards theoriesand emerging fields of thought," says L.A.T.I.S. Co-founder Craig Hurley- Leslie, IL. But L.A.T.I.S. is aboutmuch more than bringing speakers to thelaw school. With more than 30 members, thegroup also plans to begin training law students during the week before their first class. Hehopestobeginnextsemester. L.A.T.I.S. Craig Hurley-Leslie, IL on how to use theInternet. The members will volunteer their time to traingroups in the law school. "The idea is to empower groups here on campus to use this resource, the Internet. It's becoming the marketplace ofideasofthe9o's. If you'reon-line, you have access to a lot of information and discussion. So by putting these groups on-line, it opens that up to them if they're not already there," says Hurley-Leslie, who notes that the National Lawyers Guild is an example of one of those groups that already uses the Internet. Hurley-Leslie, who is also the interim President of the Society, is also tryingto workwiththelaw schooladministration to start training incoming lL's guesses the Society president. WhileL.A.T.I.S. is aiming most of its activities at law students, the group is opening itself to the entire UB community. It is, after all, a Society focused on discussing issues which will face everyone. Hurley-Leslie envisions active involvement from more than just law students."The [Society'sproposed] constitution provides for and anticipates having participation from the computer science department, the philosophy department, for example. It affects more than just the law school." He adds that he hopes others will attend, "so you don't justhavebunch oflawyerssaying,'we've got this precedent, we'll just apply it to the new technologies.' Well that may not always work." he said. "One of the ideas ofthe groupis to say, if precedent doesn't work, wheredo we look to?" is also trying to foster interaction among UBLaw studentsby setting up an on-line news group on Internet, which will allow ongoing discussions. "You could easily log on and have a discussi on about your Contracts cl ass, for example. You could post questions that you'drather not ask in class. It's try ing to deformalize it a bit," explains HurleyLeslie. Thefocus of the Society's activities this semester will be a Legal and Ethical IssuesandlnformationTechnologies Symposium, to be held on a Saturday later on in the semester. Hurley-Leslie hopes to bringspeakers from theElectronic FrontierFoundation, a Washington, D.C.-based advocacy group which dealswith information privacy and access issues, from the Democratic Communications Committee, a branch oftheNational Lawyers Guild, andfrom theAmericanCivil LibL.A.T.I.S. will holdits first meeterties Union, ing of this semester onThursday, Jan.26, » "We're still getting the funds to- at 3:30p.m. inßoomlo6ofO'Brian Hall, where the group will holdelections for gether for it," adds Hurley-Leslie. all offices, form committees, andseek to Fund-raising for L. A.T.I.S. wil 1begin within a couple ofweeks. The group officially ratify its constitution. Queswill be selling an Introductory Guide to tionsabout the Society canbe directed to the Internet, written by Hurley-Leslie, Craig Hurley-Leslie, Box #700, email which will include a disk full of useful (chl@acsu.buffalo.edu), or co-founder softwarefor studentswho want to get onChris Dubrule, Box #654, e-mail line. "It will probably cost around $5," (voB3m97a@ubvms.cc.buffalo.edu). Kobe quake survivor, continuedfrompage 1 20 minutes away, were largely unaffected. On Thursday, Dalfonso leftKobe and flew to Toyko and stayed with a friend before returning to the U.S. on Friday afternoon. But even on the plane home, she felt that she had to do something for the citizens ofKobe. "They were so great to me. I had to do something for them," shesaid. "Ifyou could have been there and seen the devestation. Anyone whohadbeen there and had seen it would do the same" Days after landing, she established a fund for the people of Kobe. She emphazised that all of the money collected will go directly to Kobe. Volunteers are running the collection efforts and local banks and UB are donating equipment andsupplies. So far reaction has been positive. The Japanese Student Association is collecting donations at a table in the StudentUnion. Dalfonso is also asking theStudentBar Associationand the InternationalLaw Society to help. Dalfonso is optimistic about the future of Kobe. She said that the Japanese, although quiet and reserved, are very resilient and community minded. "After the earthquake, the outpouring of concernwas incredible. People who before didn't even talk, were opening up theirhomes for eachother." She plans to return to Kobe in two years onceKonan University is rebuilt. In spite ofthe earthquake, her opinion of Japan has not changed. "Everyone apologized. They asked me not to have a bad image of Japan because of what happened." Kobe Fund RelDisasiterf Photos by LisaDalfonso Thank you foryourconsideration SponsoredbytiieJapaneseStudentAssociation and the KobeDisasterReliefFund. �THE OPINION 6 Whose graduation is it anyway, eontinuedfrompage 4 The administration's excuse forstudent input was a discussion Without conducting any surveys ortakingany formal measures redetermine whatthefeelings ofthe third-year students were concerningcommencement. Dwyer unilaterally decided that the Fme Arts Center would be the best place for graduation. Dwyer never mentioned the commencement plans at any SBA meeting last year nor did he inform The Opinion that he discussed such plans withfhe administration. Talk about representative and responsive government in action. With an SBA Executive Board made upentirely of2L's. wouldn't itmakesense to ask the third-year students? Dwyer had an obligation to inform the senior class of the progressofthe commencement plans and toelicit input from them. Itis their graduation,isn't it? As a directresult ofDwyer's actions, third-years were denied any input into their graduation's time, date and place. ! n his defense,Dwyer stated (hat he did not take &tty surveys because students never respond to them. Well, if you hand a three page survey to a student who is try i ng to balance looking for a job, working at a job, and keeping up with law school and life, he is probablyright. Buta simple oneline, one question survey- Where do you want the graduation held? would in our opinion have produced a credibleresponse. At this point, however, it is probably too late to effect any changesinthisyear'splans. But, lL"s and 2L'sshouldbe onnotice, don't presume lhat the SBA will protect your interests. It's not too late for seniorsto have a say about speakers. As of this date, there is no keynote speaker for graduation. Most prominent speakers make their arrangements at least six months in advance. And for a May commencement, probably even longer. Seniors, scratch the Chief Justice,the President and any one else of any consequence off your list. Seriously, if the SBA doesn'tgetits act together, the local Highway Superintendent may start to look good. Students, ptessure tlu SBA to star, moving. Attend the SBA meetings and let your views be known. Take charge of your wjth SBA President Ben Dwyer. - graduation. First-and second-years can also learn from thisandmakesure their opinions are not only heard, but heard in time to make a difference for future graduations and for all issues affecting them. The students must realize that the reason administrators and SBA leaders aren't interested in student input is because students haven' t been taking the time to make their feelingsknown. Students can only break this cycle of indifference by speaking up. Silence is not golden, but in fact dangerous. The students* silence on issues affecting them will cause others to make decisions for them, and they'll have no one to blame but themselves. - FEATURES January 26, 1995 Stream of Unconsciousness Features Editor By Sam Chi Flannel Bowl Brawls It's Super Bowl ti me once again, and everybody seems to be thinking about pig skins, gridirons and the quarterback sneak. And even though Buffalo has nothing to cheer about this year, it can take solace in that Dallas doesn'teither. But along with thispreoccupation withthebig game comes the niggling notion, held by a secret few, that football is just too violent. The trouble is anyone could covertly hold such a treacherous thought. It could be your significant other, a professor, apinko newspaper dude-any onecoul dright no w be surreptitiously plotting to curbviolence in football. And if you doubt their ability, look what people like them did to gladiatorial combat. A once proud contest to the death has been reduced to nothing more thansteroid users tossing tennis balls at each other on television. Pity. In fact, I had the recent opportunity to infiltrate a pocket of these folk. Furtively posing as the mild manneredmemberof the"MenWho Wear Skirts Club," I was readily abletoentertheinnersanctum. The meeting began witha rousing rendition ofthe Barney song, after which the group started to discuss the violence thing. But the conversation wandered a bit and the group discussed the athleticism of crochet and the finery of needlepoint. The needlepoint conversation actually grew quite heated. The heart of the controversywas whether curves were betterrendered withapush-pull stitch or a modified zig-zag. The debate waged on until finally the group's leader—some actor namedßradPitt—decidedenoughwas enough and came up with a solution totheviolenceproblem. Ashestood up to speak, theroom fell silent. The only things heard were thesound of theracing heartsandthe heavy breathing of drooling women. (Some ofthe men were also transfixed—not that there's anything wrongwith that.) The actor's solution was to makeall the players and thecoaches wear flannel pajamas. After all, no one wearing flannel pajamas could possibly be mean or nasty. Flannel pajamas withtheir warm, cozy, fuzzy comfort could melt even the most homicidal of tendenciesintosyrupy, psychological mush. Furthermore, anyone wearing flannelpajamas just looks sort of silly, and what cold, despicable soul could possibly hit someone wholooks silly. Just imagine an6'-6", 300pound lineman in flannels withfooties. It doesn't get any sillier than that. -Inducing silliness and a tranquil, blissful euphoria couldgofar in curbing football violence, or so the groupreasoned. Needless to say, that was one meetinglwasgladtogetoutof. Not only did it leave me bewilderedand a bit unsettled, the skirt was drafty. Besides, thewholepoint offootball isfor the players to hiteachotherand inflict as much pain as possible. Moving the ball, scoring points, they're justancillary things that one has to deal with. Back when they broke Theisman's leg, that was art. To take the violence out offootball is kind'a like taking the cream out of Oreos.. Sure it's still a cookie, but what's the point? As much as I disliked the meeting, perhaps the group was on to something. As one who wears flannel pajamas, I agree that they are, like, mondo cool, and I admit I do looksillywhenlwearthem. Imagine all ofthe surly people whoseoutlook on life could improve. Take, for instance, yourrelationship. Imagine how cozy and wonderful it wouldbe to exchange flannel pajamas on Valr entine'sday. Skip the flowers, skip the chocolates, skip the promises you don't intend to keep. Flannel pajamas, that's the ticket. Or what about U.S. customs agents. Customs officials are just not fun. On a recent trip back from Fort Erie, I was a guest of the U.S. Customs Service. There I was, a man withouta country. I discoveredthat customs officials have no sense of humor. Perhaps if we made gray flannel pajamas their uniform, they wouldn't pester us. Naw, I guess even flannel has its limits. As a final note, I have to come clean and admit that some of this stuffisn'tactually guess it couldbe a tad irresponsible of me to pitch it. But heck, if Rush Limbaugh can get away with it, I suppose I can too. Why shouldhe haveall the fun? SUMMER LAW STUDY in Dublin London Feature column: Getting our grades? The timeless wait by Jim Gerlach, Reporter I must have had the same conversation a dozen times in the past two weeks. Nearly every family member or friend I run across has the same question. Thediscussiongoes something like this: "How did you do last semester?" "Well, the exams weren't as painful as I thought. I haven't been kicked out of law school yet, so I guess everything went okay." "Right. Okay. Butwhatgrades did you get?" "I don'tknow theexamshaven't been graded yet. I should find out some time in February." "February?!? How thehell can they get away with not giving you your grades untilFebruary? That's ridiculous absolutely ridiculous!" At this point the conversation took a strange twist; I ended up defending a system I don't understand. "Well, the exam period didn't until Dec. 23, there wereacouple end of holidays to deal with, so February really isn't that bad." This answer placated no one. "It's a law school thing, you — wouldn't understand. Can you believe the Chargers are going to the Super Bowl?" Dodging thequestion worked about two-thirdsofthe time. When this approach failed to work, I replied "The professors are tenured and they're state employees. They can get away with murder." While this statement is an obvious slur, and probably without justification, it was nevertheless met withnods ofunderstanding. As the conversation drifted to the Super Bowl, I realized I had absolutely no idea when to expect my grades. I learned that grade reports are never mailed out. Grades are posted as soon as they are received andrecorded. According to law school Registrar Karen Waltz, grades are due from professors on Feb. 15. Contrary to popular belief, most professors meet the deadline. The faculty members who are late usually missby a day or two, but in some extreme cases, ithas dragged on intomonths. Waltz didn't name the stragglers, stating she did not want to get into a "Connie Chung thing." But she said Professors Newhouse and Del Cotto usually submit grades early. Professor Newhouse was sympathetic to student concerns about when they would receive their grades. The question he believed was a timeless one. He saidhe had the same concern as a student at the University ofMichigan. To verif;y that the UB grade time line was really no different thanany other school, I conducteda non-scientificstudy ofseveralother northeasternlaw schools. Longdistance telephone charges were a prime consideration inselecting law schools. At Syracuse University, fall semester law school grades are due five weeks from thedate of the last exam. (For anyone wondering, five weeks after thelast UB exam is Jan. 27) Like ÜB, grades are posted as they are received unless the professor specifically requests that they be posted on theduedateandno earlier. Albany Law School requires grades from professors 30 days after thelast exam (Jan. 22, here) andalso uses a posting system for grade notification. ' Thefurther east I inquired, the more stringent the standards. Fordham required professors to have their grades in three weeks after the last exam (Jan. 13 here. Just think, you couldhave had your hopes and dreams shattered a week after returning toclass). Fordhamboth posts and sends grades out. I even contacted the most exalted of law schools, Harvard University, wheregrades are due Jan. 26. Gradereports are handed out to students in mid-February, although most professors post their grades on or about thedue date. All the schools contacted reported that most of the professors meet the deadline, although they usually have a few stragglers. Several of the registrars' offices were also interested in the data collected andwanted to know what ÜB's deadline was. Upon supplying theinformation, theresponse fromFordham gave me a feeling of deja vu. "Feb.ls?!? How can they get away with that?" After some silence on my end of the line, I replied, "So, do you think theChargers can beat the point spread?" Oxford Paris San Diego FOREIGN LAW PROGRAMS SCHOOL OF LAW UNIVERSITY OF SAN DIEGO 5998 Alcala Park San Diego, CA 92110-2492 t JKJ)University of 6an DiegD The next issue ofThe Opinion will be our Valentines 'Day issue. Anyone that wishes to submit a personal can drop one off in box 10 or 640. Deadline for "Love Blurbs" is Feb. 3. I Assistantfeatures editor wanted. |CallSamatx2l47 or drop a note in box 640. (Bring this ctwpon!) ■ j j i■ �THEOPINION January 26,1995 7 New York Summer 1994 Bar Exam Candidates Total Takers: 7737 5643 2094 BAR/BRI Enrollees All other bar candidates BAR REVIEW New York's Largest and Most Personalized Bar Review �January 26,1995 THEOPINION 8 { \Jm li BAR REVIEW 1500 Broadway • New York, New York 10036 • (212) 719-0200 • (800) 472-8899 ****BAR REVIEW SCHOLARSHIPS**** Dear 1995 Law School Graduate: Due to the positive response to our fall scholarship program, BAR/BRI is again offering scholarships of varying amounts up to $250 each, to be applied toward current BAR/BRI tuition, including any early enrollment discounts. Recognizing the financial hardships that graduating law students face, we are offering these need-based scholarships to aid selected students defray the cost of bar exam preparation. BAR/BRI Bar Review will award up to $150,000 in scholarships for 1995 law school graduates. Interested applicants must submit a letter indicating their law school and describing their financial condition as well as any reasons why a scholarship is deserved (amount of loans, commitment to law, etc). The applicant must not have a commitment for full-time employment with a salary of more than $30,000 following graduation from school. The applicant further agrees to renounce the scholarship should he/she receive a commitment for full-time employment by May 15, 1995. You need not be a current BAR/BRI enrollee in order to apply for this scholarship. However, you must be enrolled in BAR/BRI for the scholarship to be applied toward your tuition. Your letter should be no more than one single-spaced typed page and should be returned to - the BAR/BRI New York office Attention: Scholarship Committee, by February 17, 1995. Students will be notified of their scholarship award by the end of March. These scholarships are not assignable and will only be honored for the bar exam in New York, New Jersey, Connecticut, Massachusetts, Maine, New Hampshire, Rhode Island and Vermont. Please specify in your letter which state's BAR/BRI bar review course you are planning to take. � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Opinion, 1995-01-26 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. Opinion Vol. 35 No. 8 Date Issued Date of formal issuance (e.g., publication) of the resource. 1/26/1995 Bibliographic Citation A bibliographic reference for the resource. Recommended practice is to include sufficient bibliographic detail to identify the resource as unambiguously as possible. 35 8 Publisher An entity responsible for making the resource available University of Buffalo State University of New York at Buffalo Law School Language A language of the resource eng Type The nature or genre of the resource Newspapers Text Is Part Of A related resource in which the described resource is physically or logically included. LIB-LAW003 Rights Information about rights held in and over the resource <a href="https://rightsstatements.org/page/CNE/1.0/">COPYRIGHT NOT EVALUATED</a>. The copyright and related rights status of this Item has not been evaluated. Please refer to the organization that has made the Item available for more information. You are free to use this Item in any way that is permitted by the copyright and related rights legislation that applies to your use. This digital collection is made available for research and educational purposes. Researchers are responsible for determining copyright status, and securing permissions for use and publication of any material. Copyright for items in this collection may be held by the creators, their heirs, or assigns. Researchers are required to obtain written permission from copyright holders and the University Archives prior to reproducing or publishing materials, including images and quotations. For inquiries about reproduction requests and permissions, please contact the <a href="http://library.buffalo.edu/archives/">University Archives</a>. If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/13766c27cfe150d5f91319559b10872e.pdf 3ff8e1348df7398fd27340d4765dc2e8 PDF Text Text I I 1 What \sgoing on with O 'Brian Hall's basementproblem ? See story on page 3. J I I J EDITORIAL Grades are in: Spin the wheel! Seepages. I I FEATURES Coping with the stress offinals. Feature column on page 7. Bringing Iheissues to thestudentssince 1949 THE OPINION Volume 35, No. 7 STATEUNIVERSITY OF NEW YORKAT BUFFALO SCHOOLOF LAW December 7,1994 Sheffer appointed to Pataki's transition team by PeterZummo,.Managing Editor UBLaw Professor JohnB. Sheffer II has been appointed to Governor-elect George Pataki's transitionteam. Sheffer accepted the position, saying "it is clear thatthe Governor elect wants the transition team to play a role in policy formation" and not just "deal with matters of patronage and appointments." Theteam met for the first timelast Friday NewYork in City. More than 200 members of the team gatheredto organize themselvesand to hearcomments from Pataki, theLieutenant- Governor -elect Betsy McCaughey and Attorney-General elect Dennis Vacco. After the introductory comments, the 200 team members organized into 10distinct committees, based on substantive policy areas. Sheffer was assigned to the Committee on Education and Higher Education. At the committeelevel, themembersdecidedto form two unofficial sub committees, one onprimary and secondary education, and another focusing on Law professor John B. Sheffer II higher education. Sheffer will serve on the Higher Education Committee, which will meet again on Friday in New York City. A report from thecommitteeis dueby the thirdweekofDecember. Saying that he "very muchrespects and applauds therather comprehensive transitioneffort that Governor-elect Pataki is taking," Shefferlamented thelack of time that the team will have to work on they reports. "The time frame is clearly a handicap [but] that is the nature of transition teams." The short time period will allow the committees: "to raise the important policy questions involved inthat particular area ofthe government; what the new administration should focus on as they take office." Sheffer was pleased withthe make upof the team, saying that Pataki had appointed " a large and diverse group ofpeople, both Democrats and Republicans" to the team. The higher educationsub-committeeis made upof representatives from SUNY,CUNY, thecommunity colleges , independent universities, and representatives of the business sector. Saying SUNY must be "represented aggressively," Sheffer commented thatmany of the same tensions that exist in education politics will be grappledwithby thecommittee. While this "reflects the practical situation that is there," Sheffer hoped that a common ground of agreement could be found for the different sectors. After only one meeting, the exact policy areas that thecommitteewill focus onhave not yet been completely established. One of the policy outcomes thatSheffer wouldliketo see come from thecommittee is a realization that SUNY should be "viewed as a part of the solution, rather than a part of the problem." Sheffer would like to see SUNY's role in the state government increased, especially in furnishing consulting services to the state. "Better use ofthe State University by the state" is "part of the way to implement change and govern more effectively." Asked if hisrole on the transition team signals a return to public li fe, Shefferresponded that while he was "honored to be asked to become a part ofthe transitionteam, he made the decision to leave state government a year ago, and I am committed to the university for the foreseeable future." SeeSHEFFEßonpage6 Reduced numberof First Amendment debate: public interest internships Professor Finley, NYCLU lawyer address to students free speech rights ofanti-abortion protestors to be offered New* Editor w by Reporter Finley began by ;..- -' :a<i>w»l. As a resu crease in funding, theBuffaioPubhc Interest Law Project will only be able to fund between four andseven 1 nterns this summer, a decrease from last summer's 1? 10-week internships. According to Helen Punders, co-di rector of BPILP, the decrease in available funds is due to a decrease in studentand faculty pledging duringlast year's spring pledge driveas well as adeclinein money contributed by the Interest onLawyers Account fund (IOLA). LOLA money comes from interest accrued on the retainers and funds lawyers receive from their clients The ac- crued interest is dispersed to public interest groups throughout New York, including BPILP The lOLA fund follows interest rates; as a result.thedropininterest rates resulted in less money being available- for dispersal Punders said that BPILP hopes to make uptheshortfall inthis spring's pledge drive. Aspartoftheefforttobrmgin more funds, BPILP plans to change thethemeof thisyear'spledgednve. Fot last year's pledge drive, students, faculty and staff were asked to donate the equivalent of a day's pay. More students (about 30 percent) thanfaculty and staff (20 percent) pledged, a result Punders de- scribed as "interesting," BPJLP found thescheme wasn'tworkable. This year's drive will focuson public interest workasacommunityresponsetoacomrßunity problem and ill encourage everyone to con- tnhute something. Punders said lawyers and future lawyers .should contribute to public interest funding because public interest work tsavital part of the legal system which makes the system accessible to those who can't afford to hi te attorneys themselves. Punders added that everyone can afford to give something and that even the poorest law student can contribute ifs/he"thinksabout what's important" and considers cutting some non-essentials like popc<>rnatthemovte>oreatingout all the time. There are "huge, unmet needs" in the community, Punders explained."Everyonecan make a difference" by contnbuti ng what they tan. While BPILP has no control over the lOLA funding, it can help to make upany shortfalls by encouraging students, faculty and stall to help fund public interest work. This spring's pledge drive, whose slogan will be "There is no justice without equal access," is set to be held from Feb. 20-24. As in past years, a $35 donation entitles the contributor to a BPILP Tshirt. The money raised will bo used tofund in ternships for ihesimimerof 1996. Past internships have dealt with topics such as domestic violence, abused children and the homeless und have placed interns in Organizations such as NeighborboodLegal Services and the Juvenile Liw Center Steven Dietz, clinic surroundedby protestors. They assume you are therefor anabortion and begin to scream things like "Don't kill | your baby." They stand First uncomfortably close to youandwave placards and leaflets in women?" yourface. Do you have a right to be left alone? Or is theright of the protesters to express their opinion para- thedebate defending the injunctions. She opened by stating that it is now conceded by all parties that protesters do not have the right to block access ofhealthfacilities that provide abortions. Does She also give said that the courts haveupheld buffer 1 "The real issue is: the A mendment people therightto harrass andspecifically harm zones around thesefacilities, which she analogized to the 100-footzones around polling places where candidates are prohibitedfrom campaign- —ProfessorFinley mount? That was the focus of a debate betweenUBLaw Professor Lucinda . Finley and David Jay of the New York Civil Liberties Union. About 40people attended the Nov. 16 debate, which was sponsored by the Federalist Society The debatefocusedonlastsummer's Supreme Court decision in Madsen v. Women'sHealth Center. Inc.. which upheld portions of an injunctionobtainedagainst anti-abortionprotestors demonstrating in front of an abortion clinic. Finley represented a local health clinic which obtained an injunction against anti-abortion protesters in 1990,certain provisions of which were overturned in September by the Second Circuit of the United States Court of Appeals. I The disputed provisions ofthe in junctioncentered aroundthe prac- tice of "sidewalk counseling" in which she said protesters surround people attempting to enter the facility, in an attempt to dissuade them from having an abortion. Finley described an incident when a woman who had a high-risk pregnancyandwhohadbegun to bleed wanted to enter the facility and was confrontedby protesters. "She thought she was going to have a miscarriageright on the sidewalk," Finley said. The pregnantwoman had to be taken to the emergency room by the police. This incident increased the medical risk of a woman who was happily pregnant and didnot want an abortion, shesaid. Finley also described an incident in which a protester accidently knocked her down while she was SeeDERA TEonpage6 NYCLU lawyerDavid Jay (I) andProfessor Lucinda Finley (r) debated the rights ofanti-abortionprotestors Nov. 16 in room 108. �December 7,1994 THEOPINION 2 Pieper People Pass!!! / / | Come and see what . everybody's talking gVinnffYY \\ ~ ] / J I THTi / / \^ V J yV \& $ Don't be left out of the conversation!!! /You passed too? That's great!J I I couldn't have prepared any \ better!!! I'm glad I switched to Pieper!!! / pass the NY Bar \ I better send in my $150 \ deposit to receive those great looking Textbooks r and Appellate Alert Digest!/ Aj&¥ "^N / Every attorney I've \ / ever met said i \ must take Pieper to / ) \ JEj V Jfc S \ V 1#% J J (of oourae r , passed | I took PIEPER I couldn't have done it without them! I Find owf why everyone's talking about PIEPER BAR REVIEW!!! THE NY-MULTISTAIE BAR REVIEW COURSE CALL 1-800-635-6569 �December 7, 1994 SBA Meeting: CLS's budget increased to fund upcoming forum \hy Steeen Dictz, Reporter At its Nov. 3.5 meeting, the Studentßar Association, having already granteds2oo to the ChristianLegal Society, granted an additional $?50 to fund an upcoming forum on the role of women in Christianity. The forum, which may beco-sponsored CLS, by the Gay.Lesbian andBisexual Legal Society, Circles and'of the Domestic VioI ence Task Force, Ls tentatively scheduledfor late January. "AYe hope to use this forum to educate and inform the university community on the status oftherights of women in the Christian community."said Cf S Vice-President Erik Larson. I aiwm said thatthe forumarose out of an incident when the CLS put up an antiabortion display in front of the law school library andacoalition i >f several other student organizations put up signs nearby alleging that Chrisuan churches have oppressed women for centuries. He sai dhe thought that it; would make a wonderful topic for a forum The amount the ( a order to bring its speaker to UB caused some controversy. The speaker the CLS contacted. John Rankin, would have to come in from Hartford, Connecticut and de.mandedassoo honorarium, pi u>s2s<ifortravelingcxpenses. SBA Treasurer Elizabeth Jewett said that the fee was too high. :i s before," "J saw Larson replied. "The guy's just fantastic." He said that he would work withthe speaker L*e. to try to get him to red A motion to grant the CLS $350for the forum passedby a 9-4-3 vote. In o'her actions L.A.T.I.S. recognized The SBAalsovoted 14-0-2to recognize and fund the Law and Technology Issues Society. Dunngthe meeting, Crai g H urtey-Lesl ie saidhe co-foundedL.AXI.S. thissemester to locus on issues that arise from the use ofnew technology suchas intellectual property, tax cases, copyright law. trademarks, lab technology, and computer law. The group also planstofocusonihetmpactof technology on the practice of Jaw. Hurley-Leslie came to the meeting armed with the name of a faculty advisor, a statement ofpurpose, a list of planned activities, a preliminary budget, and a Constitution. Among the planned activities were a series of speakers, a roundtable discussion scries, mixers, networking activities, anaccess outreach week to encourage student groups to use new technologies, n UB Law InfoOn-Lme Project toenablestudentsto log onandgetinformattondbout the law school, publishing a guide in using the internet, and an a legal and ethical issues symposium. The SBA voted to grant $600 to L.A.TI.S. ILS Grantedan Additional $40ft The SBA voted 16-1 to grant an additional $400 to the International Law Society Earlier this year, the society was granted $251) for start-up costs. The society was requesting an additional $#st>. Brian Cleary of the ILS requested the additional funding to helpofganLze a series of planned activities, including hosting a regional conference in the spring, a series of speakers and an international student exchangeprogram. SR\EndorsesAnmialCnnaTiil\>Scy The SBA voted 12-0-4 to endorse a proposal for policy on non-lethal control of wildlife. Robert H. Smith of the Ad-Hoc Pigeon Comi ttee and theStudentsofLawforAnimal Rights summarized the purpose of thepolicy forthe SBA, which woul dprevent the useof See SBA MEETINGpaged NEWS THE OPINION 3 SBA, law deans working to improve safety of O'Brian Hall's basement Other ideas were bounced around but for now, the prioritiesaretoclo.se offthe potentially dangerous areas, put allofthelockers together and add blue light phones, he said. Hamboussi plans to approach the administration withthe ideaof adding peepholes to the offices in thebasement area. Hamboussi also wants to explore the possibility ofdistributing free whistles to the general student body. byJessica Murphy, Reporter Just in case anyone wondered first-year SBAClassDirector George Hamboussi 's campaign promise of improving thebasementlocker room's safety is materializing with improved lighting, extensive plans for safety mirror placement and blue light phones, as well as other ideas Blue light phones are personal safety devices which are directly linked to Public Safety. Actually speaking intothephone is not necessary for response from public safety officers; justknocking thephoneoff thehook will prompt Public Safety to investigate, Hamboussi said. Hamboussi met withDeans Alan Carrel and MarleneCook, SBAPresidentBen Dwyer andPublic Safety officials in order to pinpoint safetyproblems and to discussremedies. Top priorities were thelighting whichhas already been increased andsafety mirrors whichhave already been ordered and will be inplace as soon as possible. Another major concern focussed on a groupof lockers isolatedfrom themain locker area in the basement. The lockers are placed next to the left of the elevator doors, hiding them from general view. Discussion centered around moving thelockers to the common area. The storage areas that the university provost useswas anothermaj orsubject. Hamboussi explained that the spaces on either side of the wiredfences are darkand can possibly be used GeorgeHamboussi, first-yearSßA classdirector by an assailant to hideor to drag a victim into. Many oftheremedies needmoney to be implemented. Carrel saidhe is committed to making every necessary safety adjustment thatthe studentbody needs. "Student safety is our paramount concern," he said. "The administration's goal is to resolve problems like these because students shouldn't have to live withthese concerns during their legal education." Hamboussi agreed saying that "Dean Carrel is determinedto help andwork withour concerns, not only to prevent the possibility of something happening, but also to relieve the tensionof going down to thebasement. We are all serious about making people feel safer." Public Safety representatives presented the possibility of holding personal safety and self-defense sessions for UB Law students. Hamboussi said that Public Safety would be morethan happy to provide thelaw school with professionally-trained safety experts. What Hamboussi said he needs now is student feedback. He counted a total of four responses to hislast question ofwhatneeded to be improved, al 1 of whichhe seriously investigated. He wants as many responses as possible. Hamboussi wantsto continueworking on ways to improve basement next semester. He needs studentfeedback on whether or not law studentswouldbe i nterestedi n attending selfdefenseandpersonal safety sessions run by UB Public Safety. Hamboussi said that he needs the feedback in order to make further safety improvements and that he, like the administration, truly cares about what the students want and need. Students interested in theissue can drop a note in Hamboussi's box, 687, or contact the SBA office. Civil liberties union defends individuals' legal rights byMichaelKuzma, Reporter Zens, but the police as well. People look at the The New York Civil Liberties Union is findings oftheInternalAffairsDivision ofthe alive and well here in Western New York. policedepartmentwithsuspicion. The NYCLU Founded in 1951 as the NewYorkaffilibelieves that the findings of an independent ate oftheAmerican CivilLiberties Union, the CCRB would have more credibility with the NYCLU is dedicated to preserving and enpublic. The NYCLU has been invited by the hancing the principles andvalues embodiedin the Bill of Rights, saidDairelrwin,thedirector BuffaloPolice Commissioner to sit on a Civilofthe NYCLU officein Buffalo. ian Advisory Board(CAß). Thepurposeof this From its inception, the mission of the boardis to provide an exchange ofinformation NYCLU hasbeen to defendthetraditionaland between thecommunity and thepolice departfundamentalcivil libertiesoffreedomof speech, ment. The NYCLU is hopeful that the CAB freedomofthe press, theright to demonstrate, will lobby both theCommon Counciland the freedom ofreligion, equalprotection and due Police Commissionerfor the establishment of process oflaw. TheNYCLU has also takenthe a CCRB in Buffalo. Irwin, who recently assumed his position leadin challenging racism andpolice brutality and defending theright to privacy, including as director, saidhe has "humongous shoes to theright to reproductive autonomy. fill." He explained that Karen Welch, who The NYCLU is focusing itsattention on previously heldtheposition ofdirector, "didan a number of issues in the City of Buffalo, excellent job." including thecurfewordinance.The ordinance Irwin said he was drawn to the ACLU contains a sunset provision providing for its because hefeels "strongly about civil liberties expiration on Dec. 31,1994. The NYCLU is in general and the ACLU's efforts to protect those liberties." searching for a case to challenge the ordinance's constitutionality. The NYCLU will Irwin's background shouldmakethis task lobby against the curfew's extension. easierto achieve. Prior to hisarrival atNYCLU, The NYCLU isalsoconcernedwithBufIrwin worked for the Michigan chapter ofthe falo's lack of a Citizens Complaint Review ACLU while attending law school in Lansing Board (CCRB). Buffalo is the largest city in where he was involved with members of a New York without such a board for its police homelesscoalitionwho hadestablished a tent department. A CCRB would oversee police city onthe grounds ofthe state capitol. Through brutality complaints. Out of the 50 largest the efforts of the ACLU, the right to protest cities in America, 33 have such boards. The remainedintact as the tent city was allowedto police departments in Syracuseand Albany are remain on the land adjacent to the capitol subject to CCRB review. The NYCLU conthrough the course of the winter. tends that these boards protect not only citiAccordingto Irwin, theLansing branch of the ACLU was "exceptionally active." As he put it working there was both a "fortunate opportunity" and an "excellent experience." He saidhe hopes to integrate some ofthe things heleamedat theLansing ACLU office intothe Buffalo office. As a non-profit organization, Irwin explained thatthe NYCLU cannot exist without volunteers. "[They] make or break the NYCLU," he said. Therefore, theNYCLU is always seeking volunteers to answer phones, screen cases, typeletters, and makereferrals. In addition to these functions, Irwin would liketo see volunteers assist his office inputting out a newsletter. Office intake is most often taken by telephone. Irwin revealed that "98 percent of the calls are referrals as very few people know what the NYCLU does. Most people whocall are non-members." The NYCLU does not distinguish between membersand non-members, however. In light of recent political events, it is Irwin's conviction that there is a greater need than ever for volunteers. The election of George Pataki and Dennis Vacco make it virtually certain that there will be a major reimposition ofthe death penalty. To counter this, it will be critical for the NYCLU and others opposed to capitalpunishment to organize locally as well as statewide. Anyone interested inestablishing a chapter oftheACLU at UBLaw School, volunteering, or becoming a member, may contact the NYCLU at 852-4033. Its office is located at 210Franklin Street, Suite 501, Buffalo, N.Y. Olsen will o work with Vice Dean Alan Carrel to meet the The Economics Department gained will be moving out of the sixth and seventh floors ofO'Brian by the endof January. Olsen said his new position won't interfere with his teaching. Next semester, he will be teaching the Environmental Policy Clinic. "I cannot foresee theend ofmy teaching responsibilities because it is somethingI have come to enjoy," he said. Olsen also said that teaching provides him with the opportunity to interact with students and hear theirconcerns. He saidit also makes theadministrative endofhis job easier, as he is able to integrate student concerns with academic policy. New vice dean explains his new role in law school space. R Olsen by Rosannaßerardi, Reporter Professor and new Vice Dean for Academic Affairs Nils said ensuring the smooth operation of theacademic curriculum will be his top priority as dean. Olsen, who will be acting deanuntilDean Barry Boyer returns next semester, replaced former Dean Tom Headrick, who has taken another position with UB administration. The main responsibilites of vice dean focus on theoverall academic issues that arise within thelaw school. The vice deanisresponsible for overseeing the law schoolcurriculum as well as ensuring adequate class space and instructors. Olsen said sure that there is sufficient faculty and enough space for classrooms. He said he will assist in the planning of the move of theEconomics Department and will oversee the new utilization of the newly- �EDITORIAL THE OPINION 4 ©pinion , w i km 35, Volume No. 7 Founded 1949 Evan C. Ba ran off Editor-in-Chief December 7, 1994 OeST_ _. . ,„. December 7,1994 Peter G. Zummo Managing Editor EDITORIAL: Fall semester grades Law Schooladministration: Q+ Former acting DeanTom Headrick has earned the administration above average grades this semester withhis work on the new curriculum andfor negotiating therelocation of theEconomics Department. The new curriculum is an innovative program designed to take the law school into the next century. It is areflectionof thenewreality ofthelegalprofession and thechangingnatureof the practice oflaw. The new short specialized courses, smallerclass sizesand the general emphasis on providing students with thepractical skills they will need to survive in thereal world are all reasons why UB Law will soon be on therise. The moveoftheEconomics Department isalso asignificant achievement. Increasedoffice space, the return of the Moot Court room, and theclassrooms on the second floorofO'Brian will enable UB Law to function more efficiently and provide greater educational benefits forall. So why only aQ+? Because that'swherethedart landed.But seriously, in thereal world, theory and plans just get you so far. Employers want to see results, and so do we. We are hopeful thatthe new curriculum will bring a greater variety ofcourses, but thatremains to be seen. For now, class offerings often appear grim. Core courses, such as ConstitutionalLaw II -nevermind 111and IV ~ haven'tbeenoffered inyears. Classes likeFirst AmendmentLaw, Criminal Procedure II and AdvancedEvidenceappear to be defunct. (We were ecstatic thatAn ti-trust Law was finally offered!) Major legal areas arealso ignored by the current curriculum, includingEntertainmentand Sports Law and Communicationsand Media Law. Other areas are treatedshabbily, for example only one trial advocacy class is offered. Student Bar Association: Q TheSBA whichhasbeen on probation sincelast year's fiasco,gets a passing grade this semester. Aside from recognizing new student groups at virtually every meeting and planning or sponsoring an endless number of boozefests, there has been a disappointingly small number of significant actions by theSBA. One positive SBA event was theSBACommunity Day. This showedgreat initiativeand helped erase the negative stereotype that lawyers faceand we hope that thiscould become an annual event for the law school. The newspirit ofcooperation, fostered by SBAPresidentBen Dwyer is another progressive step for the SBA. However, theSBAbalked when it was up to themto curtail some of theirpower in the name of theFirst Amendment. Weare glad that some form of a freepress amendmentwas approved, but the SBA's modificationsis indicativeofinherentproblems with the SBA. There is no accountability for our SBAreps once they takeofficeand this shows in thatrarely do they seek student input from anyone not in their "cliques." The SBA must take amore active role as studentadvocates. Besides GeorgeHamboussi 'sefforts to make the basementsafer, no other student concerns are being addressed. What is being doneabout O'Brian Hall's apparent violationof theAmericansWith DisabilitiesAct? What everhappened to theStudent-Alumni Committee? And what will the SB Ado when grades come in threemonths late, again? Xerox the same letter from last year? If SBAreps are hard-pressed to think ofother student concerns, here's a novel concept: ask them!Nevermind. Thestudentsasked will probably say they don't care. Which brings us tocategory three. TheStudent Body:QThe educational experience is more than just text books and classes. Students have many wonderful opportunities ifthey'd only open theireyes. Only 20-somethingstudentsturned out for theSBACommunity Day. Barely anyone votes in SBAelections, nevermindrun. Student apathy willkill this country as it leads to real world apathy. There are dozensof law journalsand law groups to join. And thereare hundreds ofworthwhile issues to be explored. Many studentssay they're too busy now; they don't have the time. But will you everhave the See EDITORIAL, continuedonnext column STAFF Business Manager: Lisa C. Nasiak Production Manager Peter W. Beadle NewsEditor: JosephBroadbent Features Editor: Sam Chi Photography Editor: John W. Gasper Art Director: LenOpanashuk Assistant editors: News: JohnFederice and Lesa Maslanka; Editorial: David Zammiello; Photo: Molly Kocialski; Graphics: David Leone; Business: Eric Dawson and Jake Santos. Beatreporters: SBA: Steven Dietz; CDO: DanielaAlmeida-Quigg; Alumni: Shelley Chao; Downtown: MichaelKuzma. ContributingStaff: Rosanna Berardi and Jessica Murphy Computerconsultant: PeterBeadle Subilizing: Bills' inspirational win: If Ihey can do it, socan you! Also, last issue of semester! Destabilizing Finals in general; Tnl codesin particular Opanshuk Leaby Graphic Editorial continued... time? When you are working 60 hours a week at a law firm? We don'thave to waituntil we are lawyers to make a difference. We can make a differencenow and many students are. Remember: "Theonly thing necessaryfor the triumph ofevil isfor good men [andwomen] to do nothing." Edmundßurke Do something. Get involved. UBadministration: D (explain thatto Mom) We applaud theUB administration for evicting Economics from O'Brian Hall. However, this decision came only afterrelentless pushing by Dean Headrick. The administrationdidn't wantto upset Economics even though they knew thatthe law school desperately needed space. Get a backbone! Also, the deplorable condition of O'Brian leaves us still seeking relieffrom the "death trap" conditions we must face every day. We need a new building or major renovations; however, no such actions are scheduled for anytime soon. Buffalo Bills: Q (and rising) Withthreegames to go,theBills put themselves backinto a position to taketheDivision. We were ready to count them out and theyproved us wrong. Their determinationto beat theoddsis an inspiration to us all. Buffalo Sabres: R We don't like quitters. Or greedy owners. Weather: HHope itkeeps up. — — r— —————————————————————————1 ! Grade The Opinion If we can dish it out, we ought to be able to take it! So here's your chance to give Give us your opinion ofThe Opinion. Isome grades. |Do you think our news coverage is objective? H Q+ Q Q- D F |Do you think our news coverage is accurate? H Q+ Q Q- D F ■Do you think our news coverage is in depth? H Q+ Q Q- D F .Do you find our news storiesinteresting? H Q+ Q Q- D F 'Do you find our news stories informative? H Q+ Q Q- D F ■Do you think our stories are welledited? H Q+ Q Q- D F |Do you think our features are interesting? H Q+ Q Q- D F |Do you think our editorials are informative? H Q+ Q Q- D F ■Do youlike our graphics and cartoons? H Q+ Q Q- D F ■Do you like theRoaming Photographer? H Q+ Q Q- D F JOverall, how do you grade The Opinion! H Q+ Q Q- D F \ out' IgENERALCOMMENTS: IWhat would you like to see in future issues of The Opinion"! ThcOpinionUancin-profiUnderxaKfenl.srudenl-crwnedandrunpuhlicalkM SUN YAI Buffalo AmherstCampus, 724 JohnLord O'Brian Hall,Buffalo, New York 14260(716)645-2147. TheOpinionispublUhedcvcryrwowr^fadurini;lheFallarKlSprinI;a;mr.<ler« llKlha-«tinVntnfw«pafwrnftli.-Stal>llniv>r«ity ofNcwYorkatßuffaloSchcolofLaw. Copyrighl 1994byThe Opinion. SBA Anyreproduction ofmaterialsherein isslrictly prohibited without the express consent oftheEditors. Submission deadlinesforletters tothe editorandPerspectivesare 5 run on theFriday prccedingrniblication. Advertisingdeadlines are6pjn. on the Friday precedingpublication. Subm issionsmaycitherbe senttoThe Opinion at theabovenotedaddress, dropped offunderThc Opinionoffice door("room 724 O'Brian Hall),orplaced in Box#loor #280on trrc third noorofO'Bnan llall Allcopymust betyped, doubled-spaced,andsubmittedon paperandona computerdisk (IBM- WordPerfect). Letters are best whenwrittenasa part ofadialogueand mustbe nomore than twopages double-spaced Perspectives aregenerallyopinionarticles concerningtopicsofinterest tothelawschoolcommunityandmustbenomore than fourpagesdouble-spaced. TheJ2r>inionreadsandapprcciatcsevery letterand Perspectivewe receive;wereserve therighttoeditany andaUsubmi.s.sicftsfca-spaccasrKxxssarvandalst)ftirlihekHisa>nlenl The Opinninwill iy*puhli.shurairmedsubmissions. Wcwillreturn yourdisks to yourcampusmailboxor toaprivate mailboxif asclf-addrcsscdstampcdcnvelopeis provided. Jhej)r>injon>dcdicaledtoprovideaforam for the freeexchange ofidcas Asa result,lheviewsexpresscdin thisnewspaper are not necessarily thoseof theEditors orSlaffolThcOpiniiin "Congressshallmake no law ....abridging thefreedom ofspeech, or ofthepress;..." ._ TheFirst Amendment — jWhat wouldyou say is the greatest weakness of The Opinion"! JOTHERCOMMENTS: IThanksfor taking thetime tofdl out this survey. Leave the completedform in Box 10or280. I k—------------------~—-_—-_J �OP/ED December 7, 1994 THE OPINION _5 Perspectives The battle to protect the campus environment and wildlife By RobertH. Smith Buffalo, NY 142600rca1lhim at (716) 645-2901. If a bird overpopulationproblem occurs inthe future, the vironmental, animal protection, and human health issues is endorsing a policy draftthat bans the use of dangerous, lethal, most efficientandcost effective means to address this situation wouldbe to simply cleanupany defacement of buildings that occurs. If the University desires to reduce bird populations on and ineffective pesticides and otherchemical substancesused to control campus wildlifepopulations. This coalition currentcampus, there are many effective, non-lethal methodsof conly consists of 16 campus organizations including the Undertrolling wildlife. Research conducted by the AdHoc Commitgraduate StudentAssociation (SA), Student Bar Association tee discovered that the most effective way to decrease bird involves the useofvery thinwires, similar to piano (SBA), Students of Law for Animal Rights (SOLAR), UB EnvironmentalNetwork, Buffalo Environmental Law Journal, pular pigeonroosting sites. This type ofproduct is theNationalLawyers Guild, and completely harmless to birds, community organiza- Withoutan policy thatbans the use less expensive than pesticides and chemicals, almost invisiotherlethal means During a rooftop investigable, and easily attachable to difto University conducted on the wouldbe ferent types of structures. AcJuly 26,1994, control, i by an ad hoc committee of the start usingpoisons at any time without cording to Jack Wagner of Bird EnvironmentalTask Force, Jim Busters, this type ofwire system informing thestudent body. Volkosh, Supervising Campus is the only method of control Safety Specialist, stated, "I have approved by thefederal governbeen on all of theseroofs at least three times a year and have ment for historical buildings and has been successfully used neverseenalot ofbirds." Mr. Volkosh added thathehas been throughout Europe for thelast 30 years. Korta, Supervisor ofCustomerServicefor ÜB, stated working at UB for ten years. The University admits thatthere is no pigeon overpopulation problem now, but is concernedthat the University had contracted an exterminator to control therecouldbe one in thefuture. Although the University has pus pigeon populations for the timeperiod between 1990 placed a temporary ban on the use ofAvitrol, a poison used to and 1993. He further explained that the poison was placed on kill wildlife, itis currently unsure whether to adopt a policy that university rooftops three or four times a year at a cost of $200 to $300 for eachusage. will permanently ban lethal means of wildlife population control. Without an official policy thatbans the use ofAvitrol The poison used to control the pigeon population was 4and other lethal means ofwildlifecontrol, the University would nopyridine, commonly known as Avitrol. Avitrol is a befree to start using poisons at any time withoutinforming the deadly nerve-system poison. The Environmental Protection studentbody. Agency's (EPA) report on Avitrol definedit as a highly toxic OnTuesday, Nov. 15,1994,thecoalition'sPolicyforNon- poison and classified it as a restricted-use poison. It is not Lethal ControlofWildlifewaspresented to theEnvironmental available to the generalpublic and the EPArequires a licensed TaskForce (ETF). Although some support was shown for the exterminator to distribute the poison. While placing the draft, the ETFrequested that a revised policy be presented at soned food, theworkers must wear protective clothing and its Decembermeeting. Thisrevised policy specifiesan amendment process which couldbe used if wildlife began to pose a The extermination companies describe Avitrol as a serious threat to humans that non-lethal means could not ghtening agent". This description is based on the theory address. Itis highly unlikely thatnon-lethal means could not t pigeons who ingest the poison will scare away otherbirds adequately solve any wildlife overpopulation problems beby putting out a distress signal. What Avitrol actually doesis cause they tend to be more effective thanlethal methods. The cause thebirds to eat it and go into convulsions and die a slow proposed amendment process would ensure student notifica- and excruciatingly painful death. and involvement in the process. The Wild Bird Rescue League of Northern Virginia The coalition of student organizations supporting the (WBRL) reports that any slight effect this "strategy" has on rised policy now hold an unprecedented mandate from the bird populations is at best temporary and often ineffective. identbody. These organizations areeager tohave theirpolicy Dying birds oftenfall to the groundand are removed, fly mi 1 es opted by the administration, therebybringing to a close the away, crash into windows, or are hit by cars beforeotherbirds vironmental and wildlife protection campaign that was witness theirsuffering. Guy R. Hodge, Director ofDepartment initiated in the Fall of 1992by SOLAR. Organizations interofDataand InformationServices oftheHumaneSociety ofthe ested in endorsing the policy can obtain forms at both the SA UnitedStates (HSUS), explained that HSUS does not consider andSßAoffices. Individualsinterestedinsupportingthepolicy Avitrol to be effective, especially for pigeons, since they store can send theircommentsto President Greiner, State University food in theircrop before digesting it. Mr. Hodge continued to of New York at Buffalo, 501 Capen Hall, North Campus, state that, strictly from a biological point of view, HSUS has Eeral official ofAvitroland Ks ofwildlife free BJim Koximately I' In OpMailbox inon BarReview Woes To the Editor: it seems there i ouldbe more eftecuve methtxLs ot conveyingto vtudents the merits ofcaih of the cutnpetinglvnr k vte«'coutsesthai) the current de tauo system now offers* Hwsway satdettetmretflly j get thetrinfontMuoa on tfcenvww coursevsby utking torepresentasage rates of the various review tive!, about the \ anous bat review would coupes The problem wuh this be Fat(he h«review-courses, in method is tbat much of what you a •.' hear from the representatives is conjimutyn witb the SBA.*hou.d T&kiHg cnoMderpr(»enft»gat(MnUyspoo< u> fellow taw students i& no doubt sored question and answer session helpful, butroanj ome>theytooare once 4semester where tepresenumaking their decisions based on Dvn *>t eacit review owse could uiestfsetf-servingstatements On | field question* from the Muuems. werealty accept thereview cour\and if,newwasry, debate demerits eV ciatms of <tt percent passage ot their respective courses The «te«, espeaallv in tight at state contedtsut the-»e sessions woutdbe rassugeratesof around 70percent MBnmarwed and published m Ijjg <Mlt <3spjfoa. for aiho read andadd to ;n-a;>.rs:.-t.T, ;.iC their knowledge of the £Ksgtttm& es cluttered with useless and anBoth at the&esteps would betact!' jm noying advettisemtwas. I is always welcome, though!) In believethesesimple steps wouldbe ■up. more«ftcctive tor studentsand iepossibly anSBA committee, which view courses alike. keeps objective counts of the pasR.MarkßertoC4:i,3L • . • ■ ■ ■- ■ found that poisons at best provide short-termreliefand are not problem-solving tools. HSUSis thelargest humane association in the United States, consisting of more than two million members. According to the EPA, non-target birds are also in great danger. EPA studieshave shown that even whenthe poison is appliedproperly, 7to 16percentof thebirdskilled will be nontarget species. According to the EPA, migratory birds such as finches are in great danger, as are magpies, red-winged blackbirds, sparrows, sparrow hawks and quelea. The Amherst Campus is known to have several species of protected hawks and migratory songbirds on or near its grounds. The WildBird Rescue League ofNorthern Virginia reports thathawks have died from eating poisoned pigeons. Additionally, university groups such as members of the Grounds Department, Public Safety, theEnvironmental Studies Group (ESG) andSOLAR havereported finding both target and non-target deadbirds left uncollected on both campuses during the period when Avitrol was being used. TheAvitrol labelitselfstates that itis a hazard to humans and domesticated animals. Under the heading of Environmental Hazards, the Avitrol label states, "This pesticide is toxic to birds and fish. Wildlife feeding on treatedbait maybekilled." Inaddition,thelethal poisonAvitrol bonds with thesoil and is toxic to aquatic life when it runs offintobodies ofwater. Although often considered to be a disease carrying pest, the pigeon does not pose any significanthealthrisk to humans. Charlotte Donnally, Ph.D., in her report to the Cincinnati Environmental Advisory Council, stated, "The vast majority ofpeople are atlittle or no healthrisk from pigeons and probably havea greater chance of being struck by lightning than developing a serious diseasebecause of pigeons." Jack Scwartz, Infectious Disease Expert at the Erie County HealthDepartment, had no statistics or knowledge of cases ofdiseaserelated to pigeons in this area. In fact, thereal human healthrisk comes from the application of dangerous pesticides which quitepossibly couldaffect humans if blown offrooftops or washedoffby rain. The extermination companies that apply dangerous poisons such as Avitrol appear to be the "experts" who assert that pigeons area healthrisk to humans. Thesources for these"propoison" studies are not detached, disinterested parties. The fact is thatthese companies are outto make a profit by selling theirproducts, and in reality they pose theactual healthrisk to the University environment. Thus, therecommendationsofthe Avitrol Corporationandother exterminatorsshouldbe weighed carefully against thenon-biased government sources and wellrespected humane organizations who reject the use of Avitrol and otherdangerouspesticides and chemicals forthe controlof wildlife. The ETF and UB administration clearly should enact and implement the coalition'srevised policy for Non-Lethal Control ofWildlife. Smith, 2L, is a member ofSOLAR. Speak out! Ifyou have an opinion on anythingpublishedin our newspaper or on any current events topic that concerns the law school community, write The Opinion. Letters to theeditor are best whenwritten as part of a dialogue and must not be longer then two pages double-spaced. Perspectives are generally opinion articles concerning topics of interest to the law school community and must not be longer than four pages double-spaced. All submissions are duethe Friday before we publish. Your submission must be typed, doubled-spaced, and submitted on paper and on a computer disk (IBM-WordPerfect 5.1 format). The Opinion reserves the right to edit any andall submissions for space as necessary and also for libelous content; we will not publish any unsigned submissions. Send your submissions to The Opinion office or place them either box 10 or 280. Probing, Timely, Controversial,Beer... It's not too late to join The Opinion!!! Anyone interested in joiningfor next semester should drop a note in box 10 or call x2147. This is the last issue ofthe semester! Next issue coming in January. Submissions are due in the second week of January. �NEWS December 7, 1994 6 BRIEFS Intersession library services will be limited during winterbreak BISON (including dial-up) will be unavailablefrom noon Thursday, Dec. 22 until Tuesday, Jan. 3,1995, so necessary upgrading can be performed, according to a law library press release. If youneed to use BISON to find library books to be used during thesemester break, pian to do yourresearch prior to noon on Thursday, Dec. 22. After BISON "goes down" on Thursday, these transactions will have to be done the old-fashioned, time-consuming way. As the highway folks advise, "expect delays." Book charges, renewals and/ or returns done before Thursday at noon will save you time. The university, including the law library, will be closed from Saturday, Dec. 24through Monday, Jan. 2. The librarywill reopen 9 a.m. Tuesday, Jan. 3. LEXIS and WESTLAW will be available in the library labs until sp.m. Friday, Dec. 23. Homeaccess to LEXIS and WESTLAW will not be interruptedduring semester break. The Law Library's schedule for the next several weeks is as follows: From Saturday, Dec. 10 to Thursday, Dec. 22, the library will be open on the following schedule: 8 a.m. to midnight Monday through Friday; 9 a.m. to 9 p.m. Saturdays; and noon to midnight on Sundays. On Friday, Dec. 23, the law library will be open from 8 a.m. to 5 p.m. The library will reopen on Tuesday, Jan. 3. From Jan. 3 through Friday, Jan. 6, the library will be open from 9a.m.tos p.m. Thelibrary will be closed on Saturday, Jan. 7 and Sunday, Jan. 8. Normal hoursfor the Spring semester wi 11begin onMonday, Jan. 9. Normal library hours are from 8 a.m. to 11 p.m. Mondays through Thurdays; 8 a.m. to 9p.m. Fridays; 9a.m. to 6p.m. Saturdays; andnoon to 10p.m. on Sundays. An exception to this schedule is Monday, Jan. 16,when the library will be open from 9 a.m. to 5 p.m. For moreinformation, contact the law library circulationdesk at x6765. Oh deer! How to avoid collisions fThe Town ot Amherst has puba pamphlet on "Living with in Amherst.'The population of deer inAmherst has tripled in less than 10years. The herdis now estimated at more than 1,000. The numberof deer killed each year in automobile/deer accidents in Amherst typically equal 40 to 45 percent ofthe annualherd.The average auto damage estimate is $ 1400 deer/car collision. Some suggestions for avoiding a collision are: Slow down! Especially when driving at night, at dawn, at duskand ugh deerhabitat areas. Scan both sidesof the roadfor any movement. Watch out for deer moving in frontofoncominglights androadside reflectors. If you see a deerhas just crossed the road, lookout! Another deer is probably about to follow. Useflashers or a headlight signal towarn otherdrivers when deer are spotted on or near the road. Major zones for collisionsinclude Maple Roadbetween Millersport and North Forest, the area around Millersport, Heim, Campbell and Dodge Roads, and the northern parts oftheTown. j I ! Point ofInformation I Q: When will our grades for thefall semester be posted? A: Theofficial deadlineforprofessorstosubmittheirgradereports toA&RisFeb. 15,1995. Some advice to first year students: don't come back from Christmas break expecting to see your grades posted. To be fair, some professors do have yourgrades availableby theend January to themiddle of February, while others get them in on thelast day. Manyprofessors, unfortunately,routinely miss thedeadline. In fact, in what might be a record, last fall semester's Torts grades were posted on the last day of Springexams. The moral of the story is: don't sweat it. Your grades will come in eventually, and in the global, transcendentalscheme ofthe universe, they really don'tcount for much. Have a great break, and try to forget aboutlaw school over the holidays! Place your questions in box #280 c/o Peter Zummo, Managing Editor. Write us because inquiring law studen Is want toknow! "Quote" of the Week "Government is a son of a bitch. You \e got to watch them all the time!" David Jay ofNYCL U at the FirstAmendment debate. See storyon frontpage. - THE OPINION County presses ahead with plans new courthouse i by Michael Chase, Reporter Erie County Legislator JoanK. Bozer and her aide, Tim Tielman, met with former Acting Dean Tom Headrick in late September. This meeting was characterized as an information session to discuss the various county courthouse plans under consideration. Thecounty is now undera state mandate to build a new courthouse. One of the topics mentioned at this meeting was the possibility of the law school acquiring the building at 77 West Eagle Street, theformer site of the law school. All plans being studied by the county call for the abandonment of this facility. Headrick was said to be "intrigued" by the idea, according to Tielman. Headrick did acknowledge that 77 West Eagle has a "special kindof place in thehistory ofthis law school." He also indicated that the lawschool is "open to looking at all possibilities," and was "actively interested in having some type of presence downtown." Tielman said that Bozer's office intends to keep the dean abreast ofcourthouse development plans. UBPresident William Greiner still appears somewhat lukewarm to the idea of the law school moving downtown or becoming apart of the new county courthouse facility. During a recent live call-in show on WBFO radio, Greinerstated,"... the idea ofthe law school being located in thecourthouse facility and moved downtown, I think that would set back the developmentprocess of that courthouse immeasurably." He went on to say that "the notionthat somehow the way a law school should be structured is to put it next to and with the courts is only looking at a division oflaw practice Debate, continuedfrompage one eryone else s rights, Jay said. He said thatthere is a big problem enforcing an injunction, adding protest sign. According to Finley, there is that ifpolice are unwilling toenforce extensive medical testimony that an injunction, it is useless. when a mobcrowdsaround a person, He voicedskepticism about the wisdom of relying onpublicofficials yells at that person and waves objectsat them, it poses medical risks. to enforce rights, because they have For example, it may cause a rape proved themselves repeatedly to be hostile to therights ofwomen and the victim to relive the rape, she said. "The real issue is: Does the rights to free expression. First Amendment give people the Jay cited a recent incident in right to harrass andspecifically harm whichaformersupervisorofClarence women?" she said. allegedly saw a political sign he She said that the injunction didn't agree withpostedonthelawn rejected by the Supreme Court in of a private houseand gave orders to Madsen wastoo broad inscope. That have the sign ripped out. Jay said that injunction prethe courts have vented the pro- "Torestrict the rights their own political testers from apaparticular group is agendas. proachinganyone "The courts within 300 feet of a dimunition the clinic. The everyone else's rights." are the biggest frauds in the injunctionshehad —David Jay world," he said. sought in retake therecord and decidethe sponse to prior incidents at theclinic n what they think the facts permitted any protester to approach have been, not what they people who sought to enter theclinic. However, if the person toldthe proinley replied thatthe injunctester thatshewanted to be left alone, /ere the protester would be required to neccesary because pro15 have not been deterredfrom backoff feet. The protester could to speak to the personfrom those who wanted to use ng ;dical facilities by the applieet away. David Jay replied that while local laws like tresspassing protesters did not have the right turbing thepeace. The penal to block clinic access and harrass or ies for contempt were much stiffer; 110,000 for the first offense and assault people whowanted to enter a 120,000forsubsequent offenses. She health facility that provides abortions, there are already laws on the saidthatthe inj unctionhas worked to books that dealwith these criminal encouraged people to obey the law offenses. "Youdon'tneedaninjuncwhileprotesting. tion to arrestpeople for thoseoffensJay suggested the term "chilling effect" might be appropriate. es," he said. Finley said thatthe excesses of He also said that casting the debate as one of women's rights is some elements ofthe anti-abortion movement may have also contributmissing the point. ed to thinning out the ranks of the "To restrict therights of a particular group is a diminution of cv- protesters. She said that contribu- of ftinue Sheffer, continuedfrompage one Sheffer joinedUB in 1993, as a Senior Fellow in both the School of Law and theSchool of Architecture andPlanning. Before hisassociation with ÜB, heserved as a StateSenator from the 60th Senate district from 1989 to 1993,and previous to that served in the State Assembly from 1979t0 1988. Sheffer, a graduate of Syracuse Law, was also Mayor ofthe Village of Williamsville, and a memberofthe firm ofSheffer, Murphy & White in Williamsville. that is different than what really happens in this day and age." Greiner indicated that lawyers spend only about 5 percent of their time in court and that "most of what lawyers do are otherkinds of things." In closing, Greiner remarked that, "...I think trying to mix those two [the county courthouse and law school] is really like mixing apples and oranges at this point in time." There will be a public hearing onthe proposed county courthouse on Dec. 12from 7-9 p.m. in the auditorium of the Central Buffalo and Erie County Public Library in Lafayette The Erie County Square. Legislatorssay they are eager for student input. Individualsunable to attend the hearing may submit written stater ments to Bozer's office atErie County Legislature, 25 Delaware Avenue, Room 726, Buffalo, NY, 14202. of I - SBA Meeting, tions to Operation Rescue dried up after the recent murders of two doctors in Florida. She added that most people in that movement were genuinelypro-life and were horrifiedby thoseincidents. Jay said that he was worried about the potential for governmental abuse ofpower. "Government isasonofabitch. You've got to watch them all the time," he said. Finley stressed thatshe was not opposed to theright of protestors to dosidewalkcounseling. Shecitedan incident where a woman was being coerced by her boyfriend to get an abortion. According to Finley, the woman had been sent home by the health center the previous day because thehealth professionals were not convinced she wanted an abortion ofher own free will. When she returned to the clinic, the protestors convinced her not to have the abortion, Finley said. She stressed, however, that a woman shouldhavetheright to refuse the counseling if unwanted. She compared it to being approached by a man who wouldn't take no for an answer. She said that the consequences of having aprotestor persist inscreaming and waving objects in close proximity when asked to back offis not a question of simple emotional upset, but ofreal medicalrisk. The speakers then answered questions from the audience. Federalist Society President JoeBroadbent was happy with the turnout for the debate, although he addedthat "I would'veliked tohave seen a little more debate on such a controversial issue." He said the Society plans to have more debates next semester, including a debate on thedeathpenalty, to expose students to "both sides of the issue." continuedfrom page 3 poisons or tactile substances to control wild!Lie populations. Among the species that would be protected wouldbebirds, squirrels, tabbitsanddeet Smith toldtheSBA thy t miceand ratswoutdnot be covered under the policy. Healso told tire SBA that if there were any significant alterations to the proposed policy, be would inform the SBA. Among the organizations thathave previousfy endorsed thepolicy are the Student Association, the BuffaloEnvi ronmentalLaw Journal, theLaw Students tor Corporate Accountability, the National Lawyers Guild, the Hindu Student Association, theLesbian, Gay. Bisexual Law Students, the UB Environmental Network, the Environmental Task Force and the : Domestic Violence Task Force, �FEATURES December 7, 1994 FEATURES THEOPINION 7 Stress! How can law students cope with the stress offinal exams by L esa Maslanka, Asst. NewsEditor Here at UBLaw, finals are metwith a mixture offear and anticipation. Yes, it's time to crack the books and find out Tax law isall aboutafter Atlong st the semester is coming to a closeand we will befinished withanother piece of legal educationpuzzle. For first-year idents the panic level is running high, le anxiety of taking a final that constitutes theentire grade for a course is nervewracking. Ofcourse, ifyou have Schlegel you may be close to packing it in and for truck drivingschool. Don't Phat all. te PI ds are that you are better pr yourealize, and gettingfreakec only make matters worse. ! you worriedthatyou can't em vith thereasonable person? Ar :erned that you wouldn'trecog nize a contract if it snuck upandbit you Are you just now realizing that you go most ofyour beauty rest during ConLa and Criminal Procedure? Do you know more about the intimatedetails ofHeidi toms are frequent and recurrent, it is recommended that you see a medical The Counseling Center in Richmond Quad offers stress management workshops to help you learn to identify and cope with stress. la addition to seminars, the Counseling Center isavailablefor individualsessions. Sometimes it is helpful to just talk to someone and get yourfears offyourchest. An important aspect of stress management is the ability to identify yourown reactions to stress. There are solutionsand methods to lessen your anxiety and responses to in Fleiss'blackbookandOJ.'spersonallife than about felony murder? Getting worried and overwhelmed is not helpful. Put your study schedule in perspective andset realistic goals to prepare forfinals. Don't fret, maybe your Un- The Counseling Center hasoffered some tops for reducing stress. Learning to plan and set realistic goals are especially relevant when preparing for final exams. Prepare an appropriate study plan andsetachievable goals. Having a positive outlookand altering youphilosophy may alsobe useful. During finals and exam preparation take time out to smellthecoffee and to drink some too, of course. Avoidunnecessary competition. Friendly competition can bemotivating, but you need to concentrate ondoingyourpersonal best and not comparing yourself to others. UB is noted to have a considerably less - "Don't despair! Odds that betterprepared thanyourealize, and freaked only make will cle will devise are you Blackacre to you and you can live thelifeof are leisure hopefully he A stressedoutlaw studentdidn't make itto the stress management display in time. competitive atmowon't make it contingent uponyour gradusphere than typical are more productive locked in a study allegedly rely on thestair grading procegetting fromlaw school! law schools. The carrel. Recognize which atmosphere is dure. This involves taking the whole ating out Stress is a norgrading system is also most conducive to your own learningstyle. stack ofbluebooks to the top of a stairmal human response matters meant to lessen com- Don't obsess that you will be hopelessly well and dropping them. The ones that and can infact bebenI petition. Don't get lost ifyouaren't regularly participating in land closest to the top get H's, the ones eficial in smalldoses. mestartedon the grada study group. Also, most professors have at the bottom get D's. Other professors their old exams on file in the library. merely skim through the essays looking It's when stress getsout ofcontrol thatthe ystem! Setting aside timeto play andrelax While they are unlikely to exactly repro- for key wordsand ifyou havehit mostof problems start. Many factors can contribjst as important as catching up on ute to stress and anxiety not least o duce an old test, itis useful to see how they them, you win! I've even heardofsome which may be law school finals. Man reading and creating outlines.Beer format their tests and what areas they professors letting theirelementary school is to be a staple in thelaw student's seem to concentrate on. physical, emotionalandbehavioral symp age childrenloose on our tests with a red toms can result from letting stress get th but overdoing it can be counter Creating your own outlines is an felt tipped pen. It could happen. You best ofyou. Examples of common phys uctive. Includedinrelaxingisgeteffective study tool but itis also extremenever know. Those of us whohadProfesical reactions are upset stomach, diges regular physical exercise. If you ly time consuming. Youmay be tempted sor Finley for Torts our first semester live problems, elevated blood pressure havebeen a law library potato all semesto divide youroutline preparation among didn't evenknow ourgrades until second headaches, back pain, restlessness, in ter, itprobably isn'ta goodidea to immefellow students in a study group or torely semester finals rolledaround. I have the somniaandothersimilarproblems. Som diately runamarathon. Finally, whether on cannedoutlines. This is mostly beneuncomfortable notion that she was one behavioral responses arelethargy, forge you feel most comfortable calling up ficial as a starting point, but you need to professor who actually read my final... fulness, daydreaming, increasedclums your mom and venting or choose to use personalize theseoutlines. Ifyou aren't ness and decreased productivity. Emo yourstudy groupto unloadon, talking out thoroughly familiar withthecontent of an tional reactions that may be intensifiec yourtroubles to a sympathetic earcan be outline, you may be doing yourself more due to excessive stress are irritability very helpful. Keepingtensionbottledup harm by taking it into an exam. Finally, outbursts ofcrying,withdrawals, depres is not healthy and may exacerbate your confidence is the best tool to take into an sion, anxiety, confusion, low selfesteem exam withyou. Familiarize yourselfwith Ifyou are convinced that you will the format of finals by practicing writing andhostility. All ofthese symptoms ma never catch up withtheloaJofpreparaanswers to essay questions. Even if you occasionally occur in every day life an tion you have in frontof you, itmay help didn'tcomplete 100% ofthe studyingyou may be due to physiological causes, bu stress compounds their occurrence and to rely on study aids. Study groups can intended to, be confident that you know bebeneficial for some people, but others wel 1 what you did cover. frequency. Ifany of these physical sympFinally, the Counseling Centeralso offers some practical stress-busting tips. These include: Prepare for your morning the night before, get up fifteen minutes early, anticipate your needs, be prepared - worse." - - towait,don'trelyonyourmemoryandfind the humor inthings. Being overwhelmed by stress is not a sign of weakness. Lately, society hasbeen taking depression lightly andmakingjokesabout Prozac. Clinical depression is very real and potentially harmful. If you are depressed or overly anxious, do yourself afavorandfindways to reduce the stress in yourlife. Remember, sometimestalking out your concerns is thebest way to let off steam. There are people ready to listen at the Counselling Center. Call them: 645-2720. Jamie Crolle, 3L, working at a BISON terminalas thefinal exam penoanears^ Take heart and don't worry about finals! Rumors abound that professors don't really read our finals anyway! Some The stress offinals leaves manylaw students "dazed and confused." Photos by John Gasper,Photo Editor. The Opinion wishesall law students good luck on finals! Seeyou in January! �8 THEOPINION December 7,1994 GOOD LUCK ON FINALS AND HAPPY HOLIDAYS! BAR REVIEW 1-800-472-8899 � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Opinion, 1994-12-07 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. Opinion Vol. 35 No. 7 Date Issued Date of formal issuance (e.g., publication) of the resource. 12/7/1994 Bibliographic Citation A bibliographic reference for the resource. Recommended practice is to include sufficient bibliographic detail to identify the resource as unambiguously as possible. 35 7 Publisher An entity responsible for making the resource available University of Buffalo State University of New York at Buffalo Law School Language A language of the resource eng Type The nature or genre of the resource Newspapers Text Is Part Of A related resource in which the described resource is physically or logically included. LIB-LAW003 Rights Information about rights held in and over the resource <a href="https://rightsstatements.org/page/CNE/1.0/">COPYRIGHT NOT EVALUATED</a>. The copyright and related rights status of this Item has not been evaluated. Please refer to the organization that has made the Item available for more information. You are free to use this Item in any way that is permitted by the copyright and related rights legislation that applies to your use. This digital collection is made available for research and educational purposes. Researchers are responsible for determining copyright status, and securing permissions for use and publication of any material. Copyright for items in this collection may be held by the creators, their heirs, or assigns. Researchers are required to obtain written permission from copyright holders and the University Archives prior to reproducing or publishing materials, including images and quotations. For inquiries about reproduction requests and permissions, please contact the <a href="http://library.buffalo.edu/archives/">University Archives</a>. If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/aef3cfb68badc5a4fa5ab867ace55d21.pdf dcaeb6d75f2ac11d2dad2b397ea821b7 PDF Text Text J ■ NEWS ~ ~ (FEATURES Endoperation ustuffstudent mailboxes." See page 5. SBA releases itsannualbudget report. See story on page 3. Communityprogram provides free legal sendees to the indigent. Story on page 7. Bringing theissues la thestudentssince 1949 THE OPINION Volume 35, No. 6 STATE UNIVERSITY OF NEW YORKAT BUFFALO SCHOOL OF LAW November 16,1994 It's a miracle Constitutional controversy ends with the SBA approving fundingfor the ChristianLegal Society by Steven Dietz, Reporter The Student Bar Association granted recognition and ng to the campus chapter of the Christian Legal Society Nov. 2 meeting after debating the constitutionalramificationsoffunding thereligious organization. The decisoncame and Class DirectorTom Trbovich. did not violate the rirst Amendment to the Constitution. "We're very pleased that we are now able to participate At theSBA meeting, the two sides disagreed whether the on the same plane as other student organizations," said Erik CLS's requirement that voting members sign a "statement of faith" constitutes a violation of a requirement in the SBA vice-president of the CLS. "It is a real joy for us." The CLS described itself in a "memorandum of law" Constitutionthat student organizations must admitall students in order to be funded.. one day after theUnited distributedat an earlier SBA meetThe "statement offaith"reads: "Trusting in Jesus Christ States Supreme Court "We 're verypleased that weare now as "a educational ing legal organization withaprimaryempahasis on as my Savior, I believe in: (1) The Bible as the inspired Word granted certorari in an able toparticipate on the sameplane as Christian thought andworld views." of God. (2) The deity ofourLxird, Jesus Christ, God's son. (3) appeal of a public uniThe debate onrecognition and fundThe vicarious death of Jesus Christ for our sins, his bodily versity'srefusal togrant otherstudent organizations." student funds for a stuofthe was based on resurrection and hispersonal return. (4)Thepresenceandpower ing largely CLS —ErikLarson dent-runreligious pubof the Holy Spirit in thework ofregeneration." interpretation of the First AmendThe CLS memorandumadded that other organizations lication. ment of the UnitedStates Constitution. Proponents ofrecogThe SBA approved thegroup'srecognition 9 to 7, with two nition argued that a refusal to such as the Native Amerientions. The rules required a majority of those voting to fund wouldcoastitute a contentcan Law Student Associain favor in orderfor theresolution to pass, according to SBA based restriction on the First "I think it's impossible and disingenuous tion place restrictions on PresidentBen Dwyer. As aresult, the 9-7-2vote was inactuality Amendmentrights of the CLS. to state that they 11use secular membership. a tie. Dwyer subsequently votedinfavorof the funding to break Opponents argued that funding Prior to the meeting, purposes in light their Constitution, thetie.Besides Dwyer,also voting for recognition and funding the CLS violatedtheEstablishthe CLS distributeda stipubylaws and statement were Class Directors Reda Austin, Robert Callahan, Brian ment ClauseoftheFirst Amendlation that the UB chapter Carlan, Rob Kitson, Joseph Kresse, John Leifert, Catherine «.. would admit all members Similarissues are now beofthelawschoolcommuniNugent, Nancy StroudandDan Werner. Voting against were Vice- PresidentLes Macado, ParlimentarianAdam Easterday Fore the Supreme Court. Itis hearingan appeal of Rosenberger ty to allactivities and events and thatit would use the statement (by proxy), as well as Class Directors Emilia Chernyavsky, v. Rector andVisitors of theUniversi tv ofVirginia. 18F.2d269 of faith only as a prerequisite to voting membership. It also Cir. 1994), in which the Court of Appeals held that the stated that at no time will it use SBA funds to sponsor solely Sandy Fazili, Gil Michel-Garcia, MercedesLindao, and Veronica Rodriguez. Abstaining were Treasurer Elizabeth Jewett University ofVirginia's refusal to fund a religious newspaper SeeCHRISTIANLEGALSOClETYonpage 11 I ton, I of fundsfor offaith." —DavidNemeroff UB administrator clarifies specifics of Economics move The Final Four by PeterZummo, Managing Editor Phot by John Gasper The fourMootCourtfinalistsposeafter thefinal competition (Ito r) : JohnBolton, Jeff Calabrese, Bridget Cawley,and CarolynPratt. The competition took place on Saturday, Oct. 29 at theErie County Courthouse. Completeresults listed on The Docket, page 11. First Amendment issues dominate Desmond Moot Court competition byJosephBroadbent, NewsEditor The 1994DesmondMootCourt Competitioncame to a close on Oct. 29 as the four finalists squared off for oral arguments in an Erie County Hall courtroom before a panel of judges made upoflocal attorneys andjudges. Third-years John Bolton and Jeff Calabrese took first place in the competition; second-yearsCarolyn Pratt andBridget Cawley finished the competition as finalists. This year's competitionwas based on a hypothetical case involving theFirst Amendment's guarantee offree exercise of religion and access to abortion services. In the competition's fact pattern, the hypothetical HealthCare Act required hospitals to provide a number of services including abortions and provided that hospitals which refused to provide theservices wouldbe deniedgovernment funding. A Catholic hospital refused to provide abortion services and sought an exemption from the law based on its First Amendment rights and the Religious Freedom Restoration Act of 1993,which requires all government action that burdens the free exercise ofreligion to serve a compelling governmental interest and to use the least restrictive means available. The questions in the hypothetical request for certiorari from the U.S. Supreme Court centered on whether the hospital's refusal to provide abortion services was an exercise of religion andwhetherthe hypothetical law met therequirements oftheReligious Freedom RestorationAct. Additional information concerning the move of the Economics Department from O' Bri an Hal 1 came to light last week during an interview with Scan Sullivan, associate provost ofthe University ofBuffalo. According to Sullivan, "thereis an agreement in principle" for the move of the Economics Department to Fronzack Hall early next year. The space on thesixth andseventhfloors of O'Brian currently occupied by the department shouldbe back underthe controlofUB Law by theendof January, 1995. Sullivan saidthat the implementation of the New Curriculum "forced the issue" of finding additional space for the law school. With the increased demands for classroom space andadditional teaching staff, the space crunch in O'Brian simply could no longer be ignored. However, classroom space throughout the university is at apremium. Sullivan statedthat, right now, the "university is at an equilibrium with supply and demand"with no excess space. The return of the classroom spaceusedfor nonlaw classes in O'Brianis a priority that will be addressed, but is not yet finalized. "We are committed toreturn therooms to thelaw school, but we have not found replacement space yet. We have not yet nailed down where the [displaced] classes will go." The newly acquired space will be renovated by UB Law fromfunds that were appropriated for the implementation of the New Curriculum. Sullivan commented that in the near future the universitywi 11 undertakea comprehen- sive survey ofall the classrooms on the north campus and their utilization in order to facilitate better and more efficient use of the space SeeECQNOMICSonpageIO Olsen replaces Headrick as vice dean \Headriek heads to Capen in new position withadministration \by Evan Boranoff..' . .( '"- ,r i hi.) J was appointed i vice dean tor Academic Affairs of the law school this week, according to a raemotandum is>ued by theDean's Office Hereplack, who will be es Dei. taking a position withthe University at Buf- faioau ■(«- The vice dean forAcademic Affairs is charged with all academic matters th.n concurriculum and teaching assignments. Ttw titniftg of th« appoinimeßt was moved up because Headrick. who has been acting dean while Dean Barry Boyer is on sabbatical in Europe, will undergo surgery thisweek Olsenwillbe acting dean ot the law school until Boyer returns next semester. Headrick said the nature of his position withthe administrationhas not been defined yet:however, he explained thathe will act as a "special counsel" to UB President William Greiner. whohasbeen aclose friend of his for many years. �November 16,1994 THEOPINION 2 Pieper People Pass!!! / \\ Come and see what Li- . everybody s talking I aV)Ollt "I I > I better send in my $15() deposit to receive those great kx)king Textbooks / ~*Ws Every attorney I'veN\ / \ / said'i ever met must take Pieper to / \ / / \ J yi/ and Appellate Alert Digest!/ \j£ Don't be left out of the conversation!!! /You passed too? /J That's great!] 1 couldn't have prepared any better!!! I'm glad I V switched to Pieper!!! \ J «T Jm v. K}\ 6 Ji- \ \ V 1#% *i \\i) (Of course I passed! | i took PIEPER I couldn't have done without them! lit Find out why everyone's talking about PIEPER BAR REVIEW!!! THE NY-MULTISTATE BAR REVIEW COURSE CALL 1-800-635-6569 ■ �NEWS November 16, 1994 THEOPINION 3 First Amendment crusader recounts experiences with McCarthyism by Mike Chase, Reporter The United States government is still trying to suppress lawful political dissent against itself, warned a First Amendment activist. Frank Wilkinson, one of the last people jailed for refusing to talk to the House UnAmericanActivities Committee inthe 19505, addressed an audienceofabout 30students in room 108 on Wednesday, Nov. 2, at3:3op.m. In his lecture entitled "The FBI v. The First Amendment," Wilkinson spokeabout his lifelong struggle for the First Amendment and warnedthat even though theHUACis gone, the government's efforts to prevent lawful political dissent will continue. "What happened in my generation is happening to yours,and you don't even know it," saidWilkinson, whois now 80. "Nowhere is it written in stone that theFirst Amendment will survive." A housing administrator in Los Angeles in the early '50s, Wi lkinson was blacklistedfor his efforts to integrate slums in the Watts neighborhood. Six years later, he was called before theHoase to answer questions abouthis political affiliations. Refusing to answer meant going to jail. "I decided to make a First Amendment challenge to go to jail. I wanted to put my body in the machinery. I wanted to stop it," Wilkinsonsaid. itested in so many differentways. They never So what drew Wilkinson to UB? "What brings me here is the fact thatI had wonderful lawyers, and that I outlived the break a Jim Crow law, you were nailed. Ifyou bastards! were tryingto work forpeace, you were nailed." "When I was blacklistedin 1952,the only groupthat came to my defense was theNationAfter his release, Wilkinson founded the al Lawyers Guild. If I was in law school now, National Committee to Abolish the House I would join the Guild." Committee on Un-AmericanActivities. Now Audience reaction to Wilkinson tended towards amazement. Bill MacDonald, IL, commented, "there's a lot of nasty stuff going "What happened my generation is happening to on." Nowhere is it yours, and you don't even it The lecture was sponsored by the Nationsurvive." written stone that the First Amendment al Lawyers Guild, the Latin-American Law Association, the Lesbian, Gay, and —Frank Wilkinson Student Bisexual Law Student Association, and the His trial for contempt of Congress went thatthe HUAC has been discontinued, he fights Black Law Student Association. The National Lawyers Guild will soon be before theU.S. Supreme Court. One person's for the National Committee Against Represtestimony that Wilkinson was a Communist sive Legislation. Hehas also fought sinee 1989 sponsoring a one day symposium with the led theCourt to find thattheHUACcould force to have his 30-year old convictionoverturned newly formed Law and Technology Issues him to answer questioas. He was convictedand and has settled a case against theFBI for il legal Society about the endangering of people's served a year in jail. wiretapping, surveillance ofhis committee's legal rights and privacy with the advancement "The corruption ofthe HUAC was manstaffand burglary of his Chicago offices. ofcommunicationtechnology. went after anybody who wasn't doing something ofasocial concern. Ifyouwere trying to — in know will in SBA releases its 1994-95 Budget Report by Steven Dielz, Reporler The Student Bar Association recently provided a copy ofits budget to TJiejOrjinion. The document estimates $121,210.00 in expenditures ands 134,000.00in income. "Even though it appears that we have a large budget to work with, in actuality we don't," explained SBA Treasurer El izabeth Jewett. Jewett said the $12,790 discrepency serves as a cushion so that the SBA can meet unexpected expenses or unanticipatedshortfalls of revenue. The figures do not reflect the $200 granted to the Christian Legal Society nor theadditional$500 granted to the Entertainment Law Society ($3OO for theregular lineand $200 for thelecture line). Thefunding for the additional regular line expenditures will come from the $2,000 unallocatedreserve listed in the SBA Budget. The lecture line is listed separately in the groups' budgets and is listed as a separate line in the SBA budget. The seperate line was created so that money could be specifically reserved for lectures, Jewett said. Unlike general expenditures, they are not rolled over if unspent. "This is to encourage groups to actually bring in speakers," she said. The Opinionreceived the most funds in thebudget with$8,000, with Circles receiving $7,130 and the BuffaloMoot CourtBoard receiving $5,200. On the other hand, The Opinionmast generate $8,000 inrevenuefor theSBA andis, according to the budget report, theonly group that must generate revenue for theSBA. Jewett said that the figures reflected in the regular line for each budget includes rollovers of unspent funds from the previous year and grants the organization obtained. For example, the allocation for Circles includes a $5,000 grant the journal received, she said. Jewett said the capital expenditures budget reflects funds for a new printer for The Opinion, three computers forstudent organizations, fax machines and renovation to the first floor student lounge. The SBA treasurer is required submit a budget before the endof to theschool year. All student groups submittheirproposal at budget meet- 1994-95 SBA Budget Report Lecture* Groups* Budgets Regular BfloJrnllntlLaw In Public Interest BfloEnvLawJrnl Circles TheOpinion 2510.00 5 700.00 1440.00 7130.00 8000.00 Dom.m Viol. T.F. Assoc Women Law Stud. Prison Task Force Latin Am. Law Students 1900.00 100.00 1100.00 1400.00 3140.00 300.00 200.00 200.00 300.00 400.00 Medical Legal Soc. Phi Delta Phi Asian Am. Law Students Native Am. Law Students 1000.00 300.00 300.00 1270.00 500.00 200.00 200.00 300.00 400.00 300.00 Law Stud, for Corp. Ace. Federalists Homeless Task Force 500.00 300.00 500.00 500.00 500.00 Labor and Fmp.Ijw Nafl Lawyers'Guild LBGLS 700.00 500.00 1140.00 oOO.OO 1000.00 400.00 SOLAR 11000.00 Black Law Students Assoc. JessupIn t'l Moot Court Bd. 600.00 2760.00 3820.00 Buffalo Moot Court Bd. Enter't& Sports Law Soc. Int'ILawSoc. 5200.00 250.00 250.00 B.P.I.L.P, Phi Alpha Delta 493?a00 500.00 Total estimated expenditures 49,310.00 Groups S.RA. Administrative 71,900.00 121,21(UX) 300.00 Total estimated revenue ident, treasurer, next year's treasurer and any other class director who wishes to attend. After the budget meetings, the SBA votes at a regular meeting in April on every organization's budget for the following year, she said. The budget is effective from August 1 until July 31. Criteria for funding include the 8,000.00 1994 Telephones 4000.00 Duplicating Office Supplies 1500.00 500.00 13000.00 4000.00 2000.00 Capital Expenditure Admin. Ass't Social Lectures 7400.00* Orientation 500.00 4000.00 1000.00 2000.00 1500.00 Senior Week Commencement L.M.P. Dinner Allocation past activities of the organization andfuture pi ans for theorganization, shesaid. In funding, the SBA takes into account whetherthere isany money left to rollover into the following year and how much money the SBA is expecting to obtainfrom donations and student activity fees, she said. Complicatingthe process is the 46,000.00 ofOct. Ct.:31, \ S.B.A. Budget asipf Accounting Fee ; "Unallocated Reserve" 2000.00 12000.00 1000.00 3240.00 9760.00 2000.00 71900*00 *RcfhTU:di>UlKkiUtrelmcmukrS.&A. adnmatrattvebwlget above i ngs presided over by the SBA pres- 4,000.00 134,000!5b Directory Face Book Student Athletic Fee Pre-Paid Service Contract 7400.00* 76,(100.00 Student Fees Interest Beginning Cash Balance TheOpinion way activity fees are allocated. The fees are allocated on a rolling basis, so theSB A only gets a portion of the activity fee at any one time, shesaid. She saidthat withdisputes concerning The Opinion and the CI.S resolved, the SBA will be able to take a closer look at the budget. "There's only so much money to go around," Jewett said. "Orga- nizations come to us withwonderful ideasand big budget proposals. They thinktheSßAhasoversloo,oooand that they can spend it all. That'snot true." she said. p————— — ——— 1 I Probing, Timely, \ I ControversiaUßeer... | I Join TheOpinion! I �EDITORIAL THE OPINION 4 /; \/ i km 35, Volume No. 6 Founded 1949 Evan C. Baranoff Editor-in-Chief . November 16, 1994 ~ iftn November 16,199 M Peter G. Zummo Managing Editor EDITORIAL: tH <P?P wtP"' \ Voltage A new vision for SUNY The State ofNew Yorkhas a new chief executive, with a new vision for the role of state government. This vision includes reducing theburden of taxeson the residents ofthe state and reducing the sizeand scope ofthe government'srole in people's lives. The people ofthe state have, by their votes, endorsed these ideas. Putting partisan politics aside for the moment, we wishthe next governor success in his endeavors, as success for the governor will hopefully bring success to all New Yorkersas the economy ofthe state improves andjobs and industry are encouraged to enter the staterather than flee to the South and West. The governor' s proposed 25 percenttax cut, however, should not be directed towards thefunding for education, both at the elementary and secondary levels. Education is crucial to the prosperity ofthe state and its citizens. As the world enters the 21st Century, a quality education will be indispensable for all. Cutting education funding will impact the state negatively for years to come. Itis sheer stupidity to attempt to cut taxes byreducing the funding ofeducational programs. This is especially trueat the university level. A quality higher educational system takes years to build. If funding is cut, good professors may leave, and quality replacements are difficult to find. Buildings deteriorate, and there is no money to plan for the future needs ofthe system, as current funding isstretched in a futile attempt to maintain the status quo. We realize, however, the new reality ofthe economy and state government. The state treasury is not an unlimited source of funds for every state funded enterprise. The SUNY system must come to grips withfiscal reality. This does not mean that SUN V must suffera slow lingering death. Perhaps the time has come foran examination of whatSUNY is and what its mission should be in thefuture. Does SUNY have to beall things to all people? Do wereally need64 campuses? Do we need duplication ofprograms at colleges and universities that are in close proximity to each other?Should SUNY be running a merchant marine college? We propose thata "blue-ribbon" panel study the future oftheSUNY system and recommend changes and cutbacks thatare necessary. This committee should function like the committee that studied and recommended the military base closings. The committee could recommend program eliminationsand campus closings thatwould go into effect unless the legislature vetoed therecommendations. This would enable the committee to function without too much political influence being brought to bear on the members selected for this thankless but necessary task. If the SUNY system is reduced in size, the current level of funding could support the remaining units at an increased level. This willbe beneficial to all the remaining schools and programs. As the only state law school, UB Law should benefit from this new directionfor SUNY. UB Law needs additional funding for the New Curriculum and for a new building. This funding may be hard to come by in the next few years if a major tax cut is put into effect. The process wehave proposed willnot only help UB Law, but theentireSUNY system by streamlining the university system, eliminatingredundant campuses and programs, andpreparing the system for the challenges ofthe next generation. STAFF Business Manager: LisaC.Nasiak Peter W. Beadle NewsEditor: Joseph Broadbent Features Editor: Sam Chi Photography Editor: John W. Gasper ArtDirector: LenOpanashuk Production Manager Assistant editors: News: JohnFederice and Lesa Maslanka; Editorial: David Zammiello; Photo: Molly Kocialski; Graphics: David Leone; Business: Eric Dawson and JakeSantos. Beat reporters: SBA: Steven Dietz; CDO: Daniela Almeida-Quigg; Alumni:Shelley Chao; Downtown: Michael Kuzma. Contributing Staff: Flora Chan, Mike Chase, and DianeLorenc Mathers. Computerconsultant: Peter Beadle Stabilizing:Thanksgiving Destabilizing Monday Night Foolballand the 271h Amendment TheOpinion isanon-pnifil.indepcndcnl.student-owncdandrun publicationfundedby theSßAfrom studentlaw fees. TheOpinion, SUNVAt Buffalo Amherst Campus,724 JohnLordO'Bnanllall.Buflalo.New York 14260 (716)645-2147, ispublished every rwoweeksduringlhel-'allandSpringscmcsters. It is thesludcnlnewspapcrofthcSlalellniversily ofNew YorkatßuflaloSchoolpl I.aw. ( opyrirfit 1994by The Opinion. SBA. Any reproductionof malerials herein isslriclfyprohibited withouttheexpress consentofthe I:dilors Submission deadlinesforletters to theeditorandPerspectivesare 5 pm. on the Fridayprecedingpubhcation Advertising deadlines are 6 p.m. on theFriday preceding publication Submissionsmay eitherbe sent to The_Opjnionat theabove notcdaddrcss, droppedoffunderThe Opinion officedtxir Irqirn 724 O'Brian Hall), or placedin Box #10or#2K0onthe third floorof O'Brian I fall.All copy must betyped, douhlcd-spaccd,and submitted on paper and on a computer disk(IBM-WordPerfect) letters arcbest when written asa part ofadialogueand must be no more thantwo pages double-spaced Perspectivesare gcncmllyopinion arliclcsconceminglopicsof interest tolhelaw schixilcommunity and mustbe nomore thanlourpagesdouhle-spaced The_()jirmonreadsandapprccialese\eryletter andPerspective we receive;wereserve theright toedit any and all submissionslor space,isnccc.v.jrvandalsofprlihclpus content The Opinion will notpublish unsiL'ncdsuhmissions We will return yourdisks toyourcampusmailbox ortoaprivate mailbox if a sell-addressed stampeden vclope is provided TheOpjnjonis dedicated to providea forum for the ree exchangeol ideas Asa result, the \ lews expressed in !h is newspaperare I not necessarily thoseol the! dilorsorStaff ofThe Opinion "Congress shallmake no law....abridging thefreedom ofspeech, or ofthe press;..." --The First Amendment **V I {Tut**}) UVA jgjgJßfr Hu»0« ~ Opinion Mailbox In response to "Crime and Evil" than others who have had, and continue to experience theseharshand cruel realities? Is it not only by the pure grace of God that we have live "privileged" lives as opposed to Oct. 26 issue. Mr. Broadbent, I wouldlike to commend despairingly disadvantaged? you onan article well-written and, I have to say /ou really believe that each of us that I agree with your opinion on the imporn a vacuum where we make pure, tance of stricter gun control; however, I must ated choices utilizing 100 percent admit that I found of our "will"? Mr. Broadbent, it is very many of your ascircumstances have greatly easy to "self-refersumptions disconto do with the creation or certing. I would ence"; we all do it all like to ask you a the time; however, at destruction opportunities few questions: some point we have to and hence the creation haveyoueverbeen realize the impact of hungry and not had individualsand circumstances on a human being's life. That money to go buy the destruction others. something to eat? myriadaggravatingcircumstances (such as Haveyoueverbeen out on the street caught in inclementweather poverty, racism, and sexism) can quite reaand had no shelter to run to? Have you ever sonably not only cripple a human being's lived in an area where you heard gun shots opportunities, but also corrupt them. What denoteas "pure evil" is not born, itis bred, regularly; where people you knew had gotten shot and killed; whereyou couldn't play out't you justpicture inmates on death row sidefor fear of being killed; whereyou had to n they were babies—all bright eyed and assumea predatory posture in order to survive trusting? From there were they loved, nurtured, and protected, or abused by people and and notbe prey edupon yourself? Have you ever desirededucationbut were unable to afford it? theharsh conditions of their lives? Perhaps Do you think that you never experienced any of you ought to do a survey (or read one of the theaforementionedtragedies to yourowncredmany that are already published); I think you it—becauseyou inherently are a better person See Opinion Mailbox on nextpage Kare ... of "successful" of of S Send your letters via e-mail For those of you who are into e-mail, you*II behappy to know thatany one who has e-mail access to the internet, whether its through theBuffalo Freenet, Prodigy, or the VAX system on campus, can now send letters-to-the-editor and perspectives to The Opinion over the irtformationsuper-higtvway. to; your Just send letters , andwe'll downloadthem at our endandprint them in thepaper. Be sure toIndicate whether your letter is a letter-to-the-editor or a perspective on thesubject ("SUBJ:"} 1me when you send the message. Ifyou don'thave an e-mai 1account and are interested in getting one, pay a visit to Room 215 ofthe Computing Center(located northwest of Capen Hal! next to Fronczak) andtheconsultantstherewill take you through the process ofregistering for your free VAX, IBM, or UNIX account, and assign you a usemame. Each ofthesesystems have differ- cons. en t pros and 11 you are justgoing to do e-mailandsurfthrough the internet! recommend get ting a VAX account Ifyou have a home computer andwantto access your account from there, askthe consultants forthe phone number your modernneeds todial,and ifyouneed it, pickupa freecopy ofKERMIT. K£RMlTisacornmunicatif3nsprOgrarn which will; enable you to dial up the University's computer system. If you have your own communications software you'll be fine, but the help desk at the computer center will generally only give you help, should you run intosnafus.ifyouare running KERMIT. So, if you are a complete novice you should probab!y pickupa copy. Oneor two days latter your account wi U be operational and you can sende-maii all Overthe worldand especially to use here at The Opinion. Peter Beadle Production Manager �November 16, 1994 OP/ED THEOPINION 5 Perspectives End operation "stuff student mailboxes" By Gwenn Carr and Martha Ehman Clinton's acquiescence to members of the Department ofDefense who believe that "Ho- policy is thatitis consistent with the mi litary's history of excludingother groups, for example, discrimination occurringagainst gay persons, we urge theSBA to restore its policy of requiring non-university agencies and organizations to seekSBA approval before distributinginformation in law student mailboxes. We also request that the SBA respect the law school's policy of non-discrimination on the basis of sexualorientation by denying all the military's requests to distribute recruitment information to law students through the use of student mailboxes. Until theSBA decides to act on theabove proposal, LGBLS will be implementing its own "End Operation Stuff Student Mailboxes" policy. Law students will see a labeledbin by the student mailboxes in which they can deposit any future mailings received from the military which will in turn be mailed back to the military with a statement of protest from LGBLS. So put your flyer in the bin and don't endorse the military's policy of discrimination. mosexuality is incompatible with military women, African-Americans, Japanese-Amer(ludge Advocate General Corps) stuffed secicans, Native Americans and people withdisond-and third-year law student mailboxeswith service and...seriously impairs the accomplishflyers advertising off-campus recruitment at ment ofthe military mission" (Department of abilities. the Marriot hotel. Despite the New York DefenseDirective 1132.14). AlthoughClinton's The next question, therefore, is how does supreme Court'sdecision in Doe v.Rosa(which policy has ensuredthat taxpayers' funds are no UB Law School react to incidents such as the heldthat ÜBLaw longer being stuffing of student mailboxes with military School would enrecruitment information. UB Law School's (< Student By allowing Operation anti-discriminatory policy prohibits discrimigage in discrimiMailboxes" to occur, the SBA has nation on the basis of sexual orientation as natory activities gays, lesbians, required by the ABA. if it allowed the allowed military recruitment to occur We, the authors of this article, believe law school bisexuals and and has turned a blind eye to ;ement sertransgender perthat the Student Bar Association also has a discriminationagainstgaypeople. vices by an emsons from the responsibility to uphold this policy of nondiscriminationon the basis of sexual orientaployer that dismilitary, hispolcriminates upon the basis of sexual orienta■itill discriminatory because it forces gay tion. By allowing Operation "Stuff Student c into thecloset. For example, something Mailboxes" to occur, the SBA has allowed tion), the military stillfound ways to engage in its discri minatory practices at thelaw school, ocent as reading a gay and lesbian entermilitary recruitment to occur and has turned a ainment magazine couldbe grounds for disblindeye to discriminationagainst gaypeople. through Operation "Stuff Student Mailboxes." This covert action allowed the military honorable discharge. Proponents of the "Don't This distributionof flyers was not harmless or to constructively come on campus by hiring a Ask, Don't Tell" policy argue that this is an innocuous. The JAG was able to not only "classified" independent contractor to discceptable solution. However, what these circumvent a court imposed injunction, but creetly stuff student mailboxes, thereby im)roponents fail to realize is that thisburdenof also to ignore the law school's policy ofantiplementing their own rule of "don'task, don't laving to constantly hide one's sexual identity discrimination on thebasis of sexual orientaCan, 3L, is thepresident of theLesbian, snot imposed on any other group. What can tion. tell." Gay, BisexualLawStudents;Ehman, IL, isalso Therefore, to prevent future incidentsof a member oftheLGBLS. The "Don't Ask, Don't Tell" policy is be said about the "Don't Ask, Don't Tell" Stuff §of ■ Opinion Mailbox, would find theresults most enlight- ening. We here at Law School cannot deny the fact that, at least to some significant degree, we have all experienced "privileges": perhaps being born into a "wealthy" and stable family (I define wealth as having your basic needs of food, clothing, and shelter met, not as owning a yacht); having someone in our families, who went to college and perhaps are already attorneys, whogave us priceless guidance; parents who bought us theconveniencesand luxuries of life, such as cars and personal computers. Do not misunderstand me. I am not contending that eachof us has not maderelative efforts within the context that Godhas placed us in; however, we ought to face up to the fact that not everyone in this world has had access to privileges we enjoy and take for granted; thus we cannot expect everyone to have had the same opportunities that we have had, which are primarily a result of our privileges. Mr. Broadbent, you ought to wakeup everyday andthank Godthat He did not choose for you to beborn in the projects in direpoverty; ifyou had I truly believe your life wouldbe very different. Would you be in Law School right now? Perhaps, but not likely. Remember, Mr. Broadbent, that circumstances have greatly to dowiththecreationor destructionof opportunitiesand hence the creation of "successful" individuals and the destructionof others. You will probably rebut my argument with evidence that there are some individuals now in Law School who grew up amidst myriad disadvantages—indeed, there are always exceptions to everything. But that's just it: they are exceptions. And why? Because the majority of people beset with grievous hardships wouldrather choose crime thanLaw School? Idon'tthinkso. Iguarantee you that the"successful" individual that you are going to point out to me has had some significant person in Congress, and then 37statesratified their lifewho loved them, believed in them, encouraged them, and guided them. Who was responsible for Malcolm X's "catharsis"? When he was inprison he met, for the first time in his life, a man who commanded power with his mind, with his intelligence, insteadof withguns, or with his fists. This man took Malcolm X under his wing, encouraged him, set him on a path towards self-education. Before that therehad beennoone,exceptagrammarschool teacherthat hadlaughed in Malcolm X's face when Malcolm told him that he wanted to become a lawyer. "All men are created equal" sounds sopretty, but is it true? No, of course not. In our society, where money and connections afford one power and opportunities thatthe next person has no access to, the much revered quote cannot be true in fact. Thus, it is in essence unjust to assume that each of us had access to opportunities that in reality only a small percentage do, as a result of privileges. I foreshadowed your "rebuttal"; indeed thosepersons exist, but lookaroundyou-doasurvey. What is thepercentage of people who came from grossly unprivilegedanddisadvantaged backgrounds in all theLaw Schools in thecountry? Is that percentage low because they, with total freedom of will, voluntarily chose a lifeofcrimeinstead of abrightfuture as a well paid and well respected attorney? Finally, Mr. Broadbent, I would just like to say that, in a spirit of goodwill, I would very much 1ikefor you to respond to this letter—l am genuinely interested in what your thoughts are about everythingI have just laid out. Signed (A "Social Program lover") Diane Lorenc Mathers, IL continuedfrompage 4 Clarifying the possibility fora 28th amendment To the Editor: I would like to clarify and respond to errors that appeared in the article "State legislature approves" (Briefs, 10/26,p. 10). First, thearticle stated that the N.Y. legislature hadapproved a proposed amendment to the U.S. Constitution that prohibits defacement or mutilationoftheAmericanflag. The resolution in question, S-L2590, did not actually approve any particular amendment language. It merely urged Congress to "initiate legislation culminating an in amendment...prohibiting desecration ofthe American flag..." Thus, thearticle should have beenclearer regarding the act performed by the legislature. Second, the author stated the proposedamendment couldbecome law after 34 states submitted it to it. Article V of the Constitution specifically declaresthattwo-thirds of the states (34) can apply to Congress to "call a Convention for proposing Amendments..." Any amendments proposed wouldthen have to be ratified by three-fourths of the states (38 [probably not 37]). These clear provisions of the Constitution should not havebeen so erroneously understood. Finally, the article stated that the prohibition ondesecrationwould become the 27th amendment to the Constitution. The Constitution already has 27 amendments, the most recent one preventing pay raises for Congress from being effective until after an intervening election. The authormay havebeen speaking metaphorically, suggesting that this new amendment would eliminate the First Amendment, but this seems unlikely. Perhaps a student groupinterested in constitutional issues, such as theFederalists, could runan informational session, or evena monthly student discussion on the Constitution. It is clear that there is much incorrectinformation out there, and all law students should learn the basic text ofthe Constitution. Oren. L. Zeve Lecturer in Law CLS grateful To The Editor: The Christian Legal Society (CLS) chapter here at UBLaw would like to thankthe StudentBar Association (SBA) Executive Board, particularly President Ben Dwyer, and the SBA Board of Directors for the recent vote in favor of recognition and funding for theCLS. The vote wasmade under difficult circumstances and involved a complex area of first amendment law. Prior to the vote, the SBA spent many hours over several months in the research, consideration, andpublic and private deliberationof this issue. Most impressive was the acknowledgement on thepart ofsome SBAmembers that, even though they possess an aversion to theChristian values that CLS represents, they nevertheless realize that CLS has a constitutional right of equal access to the vibrant public forum her at UB Law and that discrimination on the basis of viewpoint is never appropri ate, no matter how greatly one may disagreewiththe speaker's message. The CLS officers hope that our organization will provide a new and different voice in the law school community, a voicefrom a Christian perspective, that will fill avoid and stimulate critical thought, discussion and debate on the major legal and social issues that confront us today. Againwe salute theSBA for its diligent andthoughtful 1aborexpended on the long process of reaching this just and equitable result. - Jim Farnsworth, President Erik Larson, Vice President Mike Grainger,Secretary Ron Wright, Treasurer Tell us your opinion! Ifyou have an opinion on anythingpublishedin ournewspaper or onany current events topic that concerns the law school community, writeThe Opinion. All submissions are due theFriday before wepublish. Your submission must be typed, doubled-spaced, and submitted on paper and on a computer disk (IBMWordPerfect 5.1 format). The Opinion reservesthe right to edit any and all submissions for space as necessary and also for libelous content; we will not publish any unsigned submissions. Send your submissions to The Opinion office or place them eitherbox 10or 280. �6 THEOPINION Of the more than 180 June 1993 Buffalo graduates who took BAR/BRI for the 1993 New York Bar Exam PASSED BAR/BRI 'The password at Buffalo Law School' November 16,1994 �FEATURES November 16, 1994 FEATURES THEOPINION 7 Pro bono Volunteers Lawyers Project disproveslawyer stereotypes byproviding services to the poor By FloraChan, Reporter No one has ever heardof a plumber not charging to fix water pipes or a mechanic that installs mufflers at no cost. But believe it or not, there are lawyers who give free legal advice to clients. The Volunteer Lawyer's Project (VLP) recruits young attorneys, law studentsand recent law graduates, and undergraduate students to assist in projects thatprovide free civil legal services for the poor and small non-profit groups in Erie County. Atpresent, VLP has approximatel y 825 public and private attorneys who activelyparticipate intheprogram. Most of these attorneys work on pro-bono referrals from VLP. Recently, an increasing number of attorneys havebeeninvolvedwith VLP's three special projects. Through these proj ects, attorneys represent and counsel clients in matters such as domestic violence, tenant evictions, and deportation and exclusion hearings. Law students and recent graduates are responsible for coordinating theprojects and scheduli ng the attorneys for the court proceedings. "The impact on the clients' lives is incredible," says Kirn Proseak, a UB law studentwhohas workedwiththe 'Attorney of the Afternoon' (AOA) special project since February 1994. "My project is the link that keeps the people in the United States." Under thesupervision of managing attorney Robert M. Elardo, Proseak and another UB Law student, Peter Lenz, schedulevolunteer immigration lawyers for lowincomealiens whoface deportation or exclusionproceedings. "These proceedings are chaotic because we are always pressed for time. We don't receive theINS (Immigration and Naturalization Service) charges until the morning of the hearing, and the informationthat is given is oftenincomplete," says Lenz. This project has had favorable results. Representation has led to cases being adjourned cases being transferred to where theclient's friends and family reside, or even clients being released from INS custody. With an adjournment, volunteers are given the opportuale follow up referrals for clients, are conduct a factual follow nity to done under the guidance of Elardo and up. "An easy case means a perI am exposed son has been deand staff attorney ported. A hard case to of VLP. Elardo where an adjournKennedy primarily watchment has been obes over the spetamed is much more interesting and cial projects and Zeigler conducts the means thatwe can do a factual follow up training program for the coordinators, of the case," explained Proseak. pro-bono lawyers, and in-house volunProseak's experience with VLP and work with Virginia farm workers on "lnitially, I show thestudent volunimmigration policy ledher to initiate a teers the basic things because I realized Farm Task Work Force at ÜB. through my own experience that law Factual follow-up, client screenschool does not prepare us for these pracing, case research, performing client tical things," says Zeigler as he reflects intake at the court house, recordkeeping, on his experience withhisfirst law firm. scheduling of attorneys, working with "Law school only teaches us thetheoret- "With VLP, real lifeproblems." Eileen — ical things." According to law school graduate Eileen Kennedy, co-coordinator ofthe 'Attorney ofthe Morning'(AOM)special project, dealing with clients and other attorneys, negotiating with landlords, and solving disputes, gives her a real handson experience. Under this project, Kennedy arranges counsel for low income tenants who are faced with evictions in Buffalo City Court. The goal of the program is to help prevent the clients from becoming homeless. "With VLP, I am exposed to real life problems," says Kennedy, "andthat's what I like about it." Erin Pelnik, VLP coordinator ofthe Haven House special project and a liaison between Haven House (the largest shelter in Western NewYork for victims See VOLUNTEERS onpage 9 AlumniFocus: Garry M. Graber, Class of 1978 Alumnus' work helps break lawyer stereotypes byEvan C.Baranaff, Editor-in-Chief Garry Graber is working hard to disprove some ofthe stereoty pe-s many people have aboul lawyers and he does this best by servi ngas an example. Graber, whose father died whenbe wasyoung, had to work three johsto help support his family and, later, to put himself through school Although he doesn't need to work as many jobs for financial reasons now, he stillkeep just asbusy. Graber. who graduated UB Law in 1978, currently works at thelarge ddwrit town BuI fa lolaw firm ofHodgson, R uss, Andrews, Woods & Goody ear. He handles cases dealing with real estate law. business litigation, bankruptcy law and opportunity thatallowed me tobecomea lawyer," he explained Emphasizing his work at theVolunteers Lawyers Project, he added, "I always thought that doing pro bono legal work was a good way forI aw7ers tog) ye back to the com mum ty for repayment for the opportunities that they've been giv- president. Hesaidheise.specially proud "There's a very large unmet need for legal services in thepoor community corporate law. When he's not at bts office d<twntown, he can be found doing a number of other activines, including working at theVolunteers Lawyers Project, the UB Law Alumni Association, of at UB Law. as an adjunct ptofes- sor. Between his job and his involvement with his other often puts in 7<lhourwork weeks. But he says ■Gralvr a way for me to rep mmunity for the The Volunteers Lawyers Proj t**.tis a not-for-profit organization that helps iJit*. jnHi pfFit ohtjiin fVt*t* ItHril "st^rviiT"**^ from private practitioners. (See relatedstory on Graber alsosaid that theProject helpsi mprove the image lunepagc , "The Volunteers Lawyers Project," he said, "does a worldof goodi n helping to dispel the myth that most lawyers areabunchof self-centered, money-grubbing, mean-spirited individuals." So: GRAlib R ; mpagc9 Group Spotlight:Asian AmericanLaw StudentsAssociation Social group raises awareness of issues affecting Asians by Sam Chi, Features Editor TheAsi an Am ericanLawStudent' s Association (AALSA) is describedby its members as a good way for law students from diversecultures to meet and get to know each other. The group, whichhasabout 40 members, is predominately Asian-Americans, but does havemany non-Asiansand foreign students as members. The group aims to raise awareness of issues thu. affect theAsian community. AALSAPresident JeanBrenner, 3L said that AALSA is a way for diverse people to get together and share each other'sculture within thegroupand then withothers outside the group. "Even among themselves, Asians are so different," Brenner said. "Taiwanese aren't the same as Indians, Koreans, or Japanese. The group is not so much about getting to know about your own culturebutabout getting to know the others' wi thinthegroup, and thenextending that knowledge beyond." Brenner and other members emphatically expressedthatthegroup wanted people frommany differentcultures to join. "I don't want it to be an insular group," Brenner said. She added that it isacomfortable environmentfor helping students not feel lost in their studies. Vice President Shelly Chao, 2L, AALSA VicePresidentShelley Chao added that, "It's a social organization for Asian students, but is open to all students, any students." The group often hosts i nformaldinners. The dinners are well attendby both the group's membersandmembersof the UB Law faculty. Chao described the group as, "a home away from home." Besides the social aspect, Chao said that a goal for the group is to raise awareness of the issues that affect Asians. She said that the group sent its membersinformation about the case of the Asian sergeant suing the Marine Corps for discrimination and informationabout the use of thecultural defense argument. To help its members academical- ly, the group maintains an outline bank and works withother groups to sponsor how-to exam writing and case briefing sessions. The group plans to holda food drive for theBuffaloAsian Community between Thanksgiving and Christmas. Nextsemester, AALSA is sponsoring a lecture by NYU Law Professor Upham, an expert on AsianLaw. Plans are in theworks for a newsletter for the entire law school and writing a guide on how to survivelaw school.Further, group members are encouraged to be a part of the admissions process and encourage more Asians to come to UB Law. AALSA members say that the group'sfunctions havehelped them. Chao said being in the group has made her more confident and thatshehasgotten to know people better. "Going to classes you don't always get to know people," Chao said. Second-year law student Sada Manickam said that, duringhis first year, AALSA "exposed me to older students who provided me with insights about law school." Brenner added that sort of interaction was very important, "There aren't any catalogs that explain UB Law to the students, especially first years. So much is just learned by happenstance. Elements are learned from talking to older students." Bill Farley, 3L, said being a memberallowed him to meet lots ofpeople he wouldn't have met otherwise. He said that thegroupfosters connections within thestudent body, adding that he has met several first-years. First-year law student Flora Chan specifically looked for an Asian American group whenshefirst came to ÜBLaw. Chan said thatshe is interested instarting aprogram that brings studentsand members of the community together. Chao said that she joined because the town was unfamiliar to her and she wanted to talk to people and make connections. Second-year law student Harriet Menezes, whodescribed herselfasa very active member, said that the group made her feel more at ease during herfirst year. She saidJhat the informal dinners and activities allowed her to get to know her professors better. Menezesfeels that the group's meetings are very substantive and are not just ideological posturing. Menezes said that she was amazed to findhow similar culturesare. She said that women studying law from all the cultures have feminist ideals and are interested in changing theirsociety. She echoedthe sentiment that the group, "is a forumfor exchanging new ideas, about the pacific rim." She said she is happy SccAALSA onpageS �THE OPINION 8 FEATURES The Roaming Photographer November 16, 1994 Stream of Unconsciousness By Sam Chi FeaturesEditor My Modest Proposal by John Gasper, Photo Editor This week's question is. .. What's your favorite stressreliever? Bob O'Brian, 2L " What you 'd expect. " bad news never ends, and no one evei seems to beable to do anything aboui it. But never fear, I have the cure to society'sworst dreadedscourge,the use of animals in medical and consumer product testing. While I'm at it, I'll even fix the us, though not as important,probof homelessness and prison overcrowding. Everyone seems to agree homelessness and prison overcrowding are serious problems; i t is conservatively estimated that there are more thanamillionhomeless people and at least as many prison inmates. But not everyone agrees that the use ofanimals in medicaland consumer product testing is the single most sing problem facing society. But it is. It's more important than slicedbread, more relevant than television, able to leap tallbuildings in a single bound. It's a bird, it's a plane, it's super-issue...really. At one extreme endof the spectrum there is the small, exceedingly vocal part of the population that feels all scientific experimentation with animals should be banned. They march and chant, twist and shout, sing Beatles tunes, and demand that researchbe done in test tubes and computer simulations. On the other side are re- tire, and go canoeing before they gel shipped off to the various labs and universities across the country. No additional taxes will be necessary to fund it; all ofthemoney that currently funds the state and Federal penal systems will be funnelled into this ernment officials whothink animal tical because they are prudish and can not accept this solution on moral 'rounds; or, they have what they beieve to be abetter solution. Okay, rere may be other solutions, but they won't have thesimplicityanddirectess of mine. Besides, they will be » Inonefell swoopmy plan would cure society's most recalcitrant problem. No longer would we have to acrifice animals in our quest for cientific knowledge. No longer would we have lab rats, we'd have ab cons. Okay, perhaps this might ot sit well with some members ot le scientific community who have >rown attached to their rats. Those bsolute purists who feel they must se rats canjust use informants. Myplan wouldresolve the derate onanimal experimentationonce ndforall. Thinkofallthefreetime iese protestors would have if no one tad to fight against vivisection? ■uther, it would speed the development of safe, marketable drugs for le public consumpti on; i t would no onger be necessary to be careful and est things on animals and then undergo human clinical trials. f Dave Blackmon, 2L "Ihonestly don't have time torelieve stress. Wrestling with my kids I suppose." John Crowe, 2L "A big mug of cold beer on Thursday night with My plan would resolve the debate on animal experimentation once and for all. Seinfeld." Scott Rosenberg, 2L "Anythingcompletely unrelatedto law." experimentation is really cool and feel they must test anything and everything on animals. Between these two extremes is where the majority ofpopular opinionlies. To varying degrees, people either believe that animal experimentation is a necessary evil; or they, like me, really don't care, so long as there are useful medicines andsafe consumer products. Seeing how I haven'ttaken aside, I am most triumphantly qualifiedto propose an unbiasedsolution. My proposition is simple: we use animals to test medid consumer products; instead, c homeless people and prison es. Not only would this plan save animals from all of the cruel forms of medical experimentation or consumer product testing it would cure homelessnessand prison overcrowding as a by-product. First, we gatherall ofthehomelessand prisoners, andstick them in, Br Eiger Eric Carr, 2L "SuperNintendo!" like, summer camps. Everybody knows thatprisons are just like summer camps and country clubs. The fact that you're a captive anddenied yourfreedom kindofstinks, but hey, what can you do? They can hang out proved the supenorityofmyplan without adoubt, I believe that tics who disap- to implement, suppose the Federal Governent could try and establish stiffer >enal tiesfor deliberateanimalabase ndbetterenforce existing rules, but s that the real problem? Although here may be legitimate abuses, I ust and hope that scientists value ife and learning about it as much as veryone else does. The better anwer may be that theanimal testers nd the hard-core animalxpeimentation abolitionists should compromise andcometo some working agreement. The abolitionist-activists have to allow some testing. Computers andlaboratory techniques ust haven't progressed to the point where animal testing is unnecesary. Perhaps theactivists should act s watchdogs to ensure that sciensts never forget that they are reearching to better human lives. As toprison overcrowding and lomelessness, I suppose that the various penal systems can institute better ways to rehabilitate prisoners. They could reduce the number of prisoners in traditional prisons by utilizing more shock incarceration or electronically supervised house arrest. Boot-camp-style shock incarcerationwithits arguably lower recidivism rate and economic advantages boasts higher success rates with teens and young adults. Electronically supervised house arrest would allow small-time, nonviolent offenders to better society whilenever letting them forget that they are guilty of a crime. Better yet, we couldlook and try to correct the underlying causes ofcrime. The private sector and theFederal and State governments could cooperate to fi nd a way to reeducate at-risk youthprisoners, and thehomeless andfind them desirablejobs and functions so that they may once again helpsocietyinsteadofhinderit. Such a coalition could also increase the number of drug and alcohol treatment centers, so that people aren't forced to wait six months for treatment they need now. It'stimetoput money where our mouthis. But, do you really think that activists, politicians and corporate types, will own up to theirresponsibilitiesand do anything? Come on, this is America. It is thenup to us, future lawyers andsociety's future leaders, to doour part as well as encourage and ask others to dotheirs. Itis up to us to be passionate and optimistic about our futureandabout society. But itisalso up to us to realize that some problems are more important than others, that maybe using animals is not that big a deal when human lives are at stake. AALSA, continuedfrompage 7 •'■ ■ Until next time. . that the group can come together. "You see negative racism in so muchof the news, it's refreshing to see that people here don't just focus on racial differences." Maxi neLee, a past AALSA president and graduate of theclass of 1993, said that the group gave her a lot of support during heryears at UB Law and that it was good to see the groupstill going on strong. Lee now works for a large Rochester law firm. Research and writing professor Christine Farley has been involved in AALSA for three years, ever since she was a second-year law student at UB Law. Farley saidshe got involvedbecause she had spent in college. This is the first year she has participated as a faculty member. She said thatparticipating as a faculty member isn'tany different from participating as a student, except that now she sometimes gels to participate with her students. time in Indiawhile she was �November 16, 1994 FEATURES THEOPINION 9 Faculty Profile: Professor Kenneth F.Joyce Professor able to make learning tax law fun by Shelley Chao, Reporter Law students take many classes in their three years at law school. They will read and brief, outline, cram and try to absorb material for their finals, but the material fades from memory as they start the next semester. Unless, of course, they takeTax I withProfessor law.TheCommissionisnowresearchingelder Kenneth Joyce. Students who have taken it know how pork chops and singing gorillas relate to income tax, and they will understand how the omniscient spectre that is taxation takes over theirlife, and hangs around long after they've written the final. Despite how it sounds, this is not at all a bad thing. Joyce received his LL.B. from Boston College in 1961. He thenworked as a law clerk for the State Judicial Court in Massachusetts and later for the Federal District Court in the D. C. Circuit. He says, however, that heknew in his second or thirdyear oflaw school thathe wanted to teach 1aw. Thisled him to an LL.M. at Harvard, wherehis administrative law professor(who wouldbecome a deanat UB) urged him to teach here at ÜB. So, in 1964,whilethe law school was still downtown, Joyce came to Buffalo to teach. Surprisingly, hisfirst years teaching were not in thefield of taxation, but in administrative law, hisconcentration in thefederal courts. The idea to teachthe taxcourse program grew out of discussions withhis colleague, Professor DelCotto. Currently, Joyce teachesTax I, Tax 11,Estateand Gift Taxation, GratuitousTransfers, and a course on Law Reform Through Legislation. The subject of this last class is close to his heart. For thelast 10years, Joyce's researchhas centered almost exclusively on legislative reform. In addition to his teaching duties, heis an executive director of the New York State Law Revision Commission and serves on the New York Estates Powers and Trusts Law/ Surrogate'sCourtProcedureAct(EPTL/SCPA) Legislative Advisory Committee. TheLawRevision Commission researches and makesrecommendations ona variety of topics to the State Legislature. Past projects havedealtwiththeUniform Commercial Code, contempt law, and guardianships of theelderly. During his term, Joyce has seen the recommendations onelder guardianships adopted as abuse and the protection of whistleblowers. Students in Joyce's lawreform classalso get inontheact.The workstudentsdoin project groups goes to fashioning Commission recommendations that may become legislation. The EPTL/SCPA Committee looks into changing state legislation. One of the major changes concerns therights of survivingspouses, who are primarily women. The committee's recommendations to change facially gender-neutral legislation because it had a gender-specific impact were controversial. Joyce said thatbecause theCommittee'swork made some people unhappy, it drew attention to issues that needed to be addressed, thus taking us onestepcloser to necessary reform. The Committee's current project, one year running, involves changes to the New York State Administrative Rules. Change is a constant theme in Joyce's work. In 30years of teaching at UB Law, hehas watched and participated in the evolution of thelaw school'scurriculum. Whenasked how he thought the "new plan" the reworked curriculum to be introduced next year will affect thewayhe teaches law, heremarked "it may change some of the subject matter I teach...[theuseof] 'guided research' may allow us to devotediscussion to more controversial issues of law." For example, in the Estate and Gift Tax course he teaches, the new program mightpush students to learn thebasic concepts by themselves, leaving class time to concentrate on — — areas where his interaction withstudents would be more useful. Teaching classes and working for legislative reform leaves Joyce with little time for otheractivities. He is, however, a football fan -lookfor him at the tailgate parties he runs with his son, Michael, at Rich Stadium. He is also involved in theclassfunctionsandfield trips of the special education students his wifeteaches. He labeled the involvement as a "family operation." Besides coming up with issuesfor theTax Moot Court Competition from discussions in Estateand Gift, Joyce plans to continueteaching in the immediate future. While law revisionis still a great interest, the workis demanding. Joyce is forced to go to New York City at least three days ofevery two weeks on Commission and Committee business. Joyce admits that, given the choice, his first loyalty is to teaching. On a final note, Joyce advised UB Law students that they have three years in law school—avery shorttime to enjoy the luxury of pi ungi ngintoyour studiesand making the study of law a veryindividualized experience. Take advantage ofthis chance to be creative, to "go where no one has gone before." Joyce said that students won't getanother chance to explore law this way again time pressures prevent it after graduation. He said not to "wallow through." If you individualize the experience, law school can teach you an approach to problems that you'll use therest of yourlife. — Opportunities are out there for women's advocacy work by DianeLor encMathers, iReporter While many law students are committed to women's advocacy work, they may only have a nebulous idea of what career options exist. Sage advice saysthat you arebetter off knowing early and being focused about what you want to do. The Career Development Office can be a major resource for ferreting out your options and focusing your career search. Audrey Koscielniak, directorofthe CDO, says that most advocacy work for women is categorized as "public interest" and, therefore, oneshouldbegin her research there. Although the "private sector" may take on similar work, they often do not because "most of these cases are not moneymakers... you fight for these on principle," says Koscielniak. Private firms are in business to make a profit, she explained, and womens' advocacy work will probably not make themrich. When beginning your search, Koscielniak recommends starting with the CDO's various career directories, which are available for student use at any time. The directories list the addresses ofand informationabout various organizations; often they will list hiringinformation. Some arecategorizedby topic, others by geographical location. When researching by topic, first look to theindex to find relevant search words such as Domestic Violence, Employment Discrimination, etc. Do not be myopic. Although there is a heading entitled "Women," realize that women'sadvocacy work can be found under "general" headings, such as Health, Housing, Human Rights, Immigration, Labor, Mental Health, Poverty, Prison, Seniors, Social Service, etc. Once you've found some possible employment leads, Koscielniak offers some advice on how to pursue these leads. With respect to interviews, Koscielniak says that employers want to hire someone personally in front of them "mass mailings" are usually not effective. She recommends gettingout to the area you want to work. It wouldbe worth your while to invest the time, money and effort to do so. Also, "follow-up" is extremely important, she said. When employers consider applicants, Koscielniak explains that, while good grades andLaw Review are important, they are only part ofthe equation. Koscielniak suggested that extra-curricular activities can also be very important. Sincerity can be especially important to prospective employers. Onecannot successfully do a"conjob" onprospective employers, Koscielniak explains. Employers are perceptiveand can distinguish between someone who is "faking it" and someone who is genuinely committed. Applicants show their commitment by participating in programs and activities that directly pertain to their area of interest. Thus, if you are interested in working with battered women, it wouldbea good ideafor you to get involved withthe Domestic Violence Task Force; or, if you are interested in working with women in prison, join thePrisonTaskForce. The Buffalo Public Interest Law Program (BPILP) can also provide excellent experience. The grantwriting skills the group teaches can prove quite valuable in the future. Most "public interest" organizations cannot afford to pay a salary; thus, the lawyer is forced to turn to grants and fellowships for theirincome. It's not easy, but, yes, it can be done. First, you must pinpoint a sponsoring agency you believe in andinvestigate how you can extend theirservices. A former graduate,Katie Serulie, connected with a Minnesota organizationand obtained grant funding to work on a project concerning Volunteer Lawyers Project, — Domestic Violence and Police Response Time. An extremely valuable resource to help you discover available grants is the "Sponsored Programs Service," located at 211 Commons. Itis a free service that wi 11 do a spin search for you using"key words" such as Law, Domestic Violence, Women, etc. Unlike grants, fellowships are more structuredand offer less freedom to pick what it is you wouldlike to do. "It's more like there's a mold that they want someone to fill," says Koscielniak. But be forewarned, fellowships often have very early deadlinesrequiring people to apply for them a year or two in advance so prepare early. Both grants and fellowships require you to have fully researched your project as well as having gained the sponsorship of an agency. But you are not limited to just public interest organizations. You may decide to start your own practice and use grants to support yourself. Taking on cases that pay attorneys fees can help, but the challenge you will face is the "business" aspect ofit. There will bebills to pay, and as statedbefore, these cases are generally not moneymakers. While it can be done, it is difficult to doand is certainly not for everybody. LikeKoscielniak, UB Law Professor Isabel Marcus discourages a myopic view of "Womens' Advocacy Work" and encourages involvementwith existingprojects in order to push existing institutions to develop programs ofconcern to women. For example, there's the Lawyers' Commission for Human Rights, Amnesty International, and civil liberties organizations ofothercountries. Marcus states that the area of International Human Rights is an "emerging field ripe for expanded work." Marcus alsoencourages thecreation ofnew organizations to specifically address womens' issues. continuedfrom page 7 of Domestic Violence), VLP, and after, thefiles are sent back to VLP Domestic Violence Task Force for follow up referrals. VLP points out that the purpose of this project is (DVTF), finds her project to be rean VLP's to reach out to victims of domestic wardingand eye-opener.As coordinator, Pelnik, along with two violence in asettingwhere they would other volunteers from the DVTF, feel more comfortable. Similarly, conducts interviews every Tuesday VLP attempts to empower these evening withtheHaven House womwomenby providing them with legal en to determine how VLP can assist options. them. Elardo said that i t is thecoordi"Women come intotally beatnators' and pro bono lawyers' comen up, they don'tunderstand why the mitment and responsiveness to law is not helping to protect them," projects that "make them happen." explains Pelnik. "We tell them we From client intake to the court proare here to help and that we want to ceedings, these volunteers are refind the best means for handling sponsible for following the cases all their problems." theway through. Pelnik schedules a volunteer "Seeing the practical results attorney to be present at these seshelps build confidence in the volunsions to give free legal advice. Thereteers, even for nitty gritty tasks such as foreclosure," says Zeigler. "At the same time, these volunteers can actually see how theirworkmakes a difference in the clients' lives." There are opportunities for law Graber, studentpracticums and work study at the VLP. Elardo points out that practicums have become increasingly popular because students can receive credit toward graduation. At the same time, according to law graduates like Kennedy, working for VLP is a great way to make contacts with other lawyers in the Buffalo area. continuedfrom page 7 Graber added thatinbis 15 years of practicing, he has found that most 1awy ers are hones t, put theneeds of theirclients first, and don'tmakenearl yas much money as the pub!ic thinks t hey do. "The public takes onton lawyers the frustration they feel about the system as a whole," he said. Just as the Volunteers Lawyers Project is Ins way ofrepay ingtheBuffalo community for his opportUßi ties, Graberrepays UB Law by being active in the ÜBLaw Alumni Association of which he was just elected president, as wellasteachingasanadjunct faculty member. Graber has taught an upper level bankrupcv course, . Bankrupcy Reorganization, sincethe Spring of 1990. "I owe what I am today to UB Law School." he said. "1 want to help itremain a viable andprosperous institution," Graber said UB Lawis good at preparing people academically, but added "life is learned by Itvihgit." Graber, who married his wife, Sharon, in 1990, lives in Orchard Park. He has two children; Robert, 3, and Chelsea, 2. When asked how he'sable to handle his job and activities and still make time for his family, he said, ■"-You riiafry'a very s.uppprt.ive woman.'*. �NEWS November 16, 1994 10 THEOPINION Speaker says starting early is key for a career in sports law BRIEFS SBA appoints law students to student-faculty committees The SBA recently appointed students to positions on a numberof faculty-student committees. Following is a brieflist ofcommitteesand student members: The Academic Policy and Programs Committee considers proposals for changes in theacademicprogramand graduation requirements. Student members are Erich dela Vega, 3L; Kevin Barry, 2Land JeremySchulman, IL. The Academic Standards and Standing Committee acts on petitions from students for readmission or waiver of Law School academic rules. Student members are Rosemary Ryan, 2L;Kirn Babat, 1Land David Leone, IL. TheAdmissions Committee primarily reviews applications for admission to the law school. Student members are Sandy Fasili, 2L; BrianMelber, 2L; Linda Harradine, lLand Jim Gerlach, IL. The Appointments Committee screens candidates for faculty positions, arranges visits, assists in interviews and makes recommendations to the full faculty. Student members are Bill Farley, 3L and Nelson Mar, IL. The Budget and Program Review Committee reviews the nonpersonnel part of theLaw School budget and makesrecommendations to the dean on expenditure plans, especially in regard to student organizations andprograms. Student members are Arthur Posluszny, 3L; Brian Cleary, 2L andScan Shannon, IL. The Code ofConductCommittee is charged withwritinga code ofconduct for thelaw school. Student members are JudeUsura, lLand Kevin Mahoney, 3L. TheFaculty-StudentRelations Board (FSRB) acts on student disciplinary matters and student grievancesagainst other students, both as an investigatorybody and as a tribunal if necessary. Studentmembers areßosannaßerardi, IL; JonathanChui, IL and Prudence Fung, IL. The Law Library Committee advises the Director of theLaw Library on mattersof importance to studentsand faculty regarding our library. There is one student slot still open. The Law School Planning Committee considers long-range issues in academic and other programs of the Law School. Student members are Stuart Graham, 3L and Kimberly Schwinge, 1L The MitchellLecture Committeearranges theannual Mitchell Lecture. It also dispenses funds of Mitchell fellows, distinguished visitors who visit and meet informally with faculty and students. MercedesLindao, IL is the sole student member. The Special Needs Committee examines the learning and access of students who are prevented from fully participating in their legal education because of unique learning or physical disabilities. Elizabeth Wjasow, 2LandAudrea Finlay, 2L are thestudent members. The Special Programs Committeereviews the applications of students entering under the special admissions program. Student members are Heather Gresham, 3L and Dawn Harris, 2L. Law students return from Poland The 10 UB Law studentswho participated in the first part of the joint international exchange program withlaw students at Jagiellonian University returned to WesternNew York two weeksago with Professors IsabelMarcus and Virginia Leary, who had accompanied them on the trip. Leary describedthe program as a "wonderful tripand opportunity," due to the fact that the students spent most of theirtime with each other, making for a good "cultural exchange." The participants will keep in contact viaE-mail while working onajoint project on minority rights in Europe and theU.S. until April, whenthePolish students will come to Buffalo. Stress managementseminar offered Exams! Papers! Classes! Stress! It is that time oftheyear again. The workload and expectations increase and there seems to be lessand less time in the day. Then there are holidays to worry about. All these things and normal everydayproblems combine to make this one ofthe most stressful times of the year. This month the Office of Student Life gives you thechance to make lifeeasier withtheirStress Management session on Wednesday, Dec.7at noon. The workshop will help you identify sources of stress and suggest some alternatives to reduce that stress, including basic relaxation methods. To enroll in the free workshop, contact the office at Suite 150, Student Union or call 645-6125. by Michael Chase, Reporter Don t wait to start doing what you want to dowith your law degree, advised a local sports lawyer. Mike Gentile, a lawyer working for the University ofBuffaloAthletic Department, spoke to about 30 studentsabouthis five-year career i n sports law. The lecture, which was sponsoredby theEntertainment and Sports Law Society, was held on Tuesday, Nov. 1, at 7 p.m. in room "Ifyou love sports and you want to incorporate that with being an start now," said Gentile. Erney, Gentile earned his law degree Mike Gentile, localsports lawyer Although they didn't take me up on that offer, they came pretty damn close," Gentile remembered. He now works as Director ol Compliance,El- (oter dtoworkfornothing. n Cleveland-Marshall Collegeol Law in 1980,andhopped from jobto job without gaining much satisfaction from any one of them. One ot thosepositions was as law disports rector for the of City you wantto Sandusky, incorporate Ohio. "The an attorney, work was better, but you're start "Ifyou love and that with being rjbilityandStuent Services for His chief duty is to interpret the NCAA regulations and ÜB. now" Mike Gentile — cials and politicians, and that was pretty miserable. So I said, this is just not for me. What can I do that's going to take advantage of thislaw degree? What do I really like to do?" Gentile went back to school and received his masters degree in sportsadministrationfromKent State University in 1990. "After a long time searching for an athletic job, I got this one at Buffalo. The way I got it was that I Economics, coachesand student athletes adhere to those rules. He reports to the Director ofAthletics. "When you dealwith amateur rts, you're involved with the aras of liability for facilities and emloyees, constitutional issues such s due process, insurance i ssues, em )loyment contracts, and you deal with administrative bodies like the CAA If you come out [of law chool] and you want to work in amateur sports, thenyou have to train Ictly - ... in these areas. "Ifyou are interested as sports as a business, thenyou probably belong in professional sports. If you like sports as an activity, then you belong in amateur sports," said Gentile. UB moved up to become a Division I-AA school in 1991,which adds to Gentile's responsibilities. He currently monitorsall aspects of the university's athletic program from the giving of athletic scholarships to the number of men's and women's sports sponsored. Recent attention to theissues of drugtesting ofathletesand genderequity creates the challenges that keep Gentile excited about this relatively litigation-freejob. "Part of being an attorney is to avoid a confrontation or a conflict to counsel. Here, you know why you're doing it. There's a result every Saturday out there on thefootball field. If you try a case and you win it, thirty days later there's an - appeal." Gentile left the students with his best piece of advice: no matter what you do in the law, "make sure it's funfor you." Andrew Freedman, president oftheEntertainmentand SportsLaw Society said, "I was happy with the turnout. I was happy wi ththe lecture. I'm glad we can present these lectures to interested students." TheSociety's next speaker will be Leslie Greenbaum, an attorney practicing in art and entertainment law. Hewill speakWednesday, Nov. 16,at 7p.m. in Room 210. Areception i nthe Student Lounge will begin at 6:30. continuedfrompageone thatis currently available. As things now standthere is no "master list" of classroom use on the Amherst campus. The conversation turnedfrom the immediatenext few months to the long term future of the law school. Sullivan reiterated that the university is "committed to meeting the needs of the law school." He expressed his hope thatthe move ofthe Economics Department will "suffice" for now, but if additional space is required, theuniversity "administrationis open and ready to listen." The long-term needs ofO' Bri an and the 1aw school are a complexproblem. The building is in needof major renovations, but these cannot be undertaken without addressing theasbestos issue. O'Brian, thefirst building constructed on theAmherst campus, is fullofasbestos. According to Sullivan, the renovation of the building will be a major project for the university. Ithas not yet been determinedif theasbestos abatement can be done on a floor by floorbasis during the summer or if the building will have to be closed for a longerperiod of time and theasbestos removed. In conjunction with this renovation, the decision will be made whether UB Law will be relocated into a newly-constructedbuilding or kept inarevampedO'Bri an Hall. Theanswerwill have to wait until the entirenorth campus is "re-visited" to determine the long-range construction plans ofthe university. One factor that may influence the decision is the university's commitment to consolidate the Social Sciences into one building. Social Sciences may be located in a new building or into a renovated O'Brian Hall. The next building scheduledfor construction on the northcampus is theStudent Services building. This building will consolidateall student services, i.e.registration, support services, career placement, student advising, for both campuses. The building is currently inthe design process, and constructionmay begin next year. Student-Alumni mixer W* I O.S D»p»ir7»«nta* lirmcimn "Quote" of the Week " What happened in my generation is happening to yours, and you don't even know it. ... Nowhere is it written in stone that the First Amendment will survive." - - Frank Wilkinson, warning that the government is still trying toprevent lawfulpolitical dissentagainst itself More than 50 law studentsand UBLaw alumni schmoozed Thursday, Nov. 3, at Garcia's Irish Pub. Shown above (I to r): Ben Dwyer, 2L, • Sandy Fazilli, 2L, GilMichel-Garcia, IL, Rosanna Berardi, 1L.Lynn Wolfgang, lL,JohnFederice, 2L,Lesa Maslanka, 2L, and Maria Rosciglione. The student-alumnimixer was co-sponsored by the SBA and the ÜBLawAlumniAssociation. DRUNK DRIVING DOESN'T JUST KILL DRUNK DRIVERS. Nicholas Esposito. killed Oct. 13. 1989 at B:2spm. Next time your friend insists on driving drunk, do whateverit takes to stop him. Because if he kills innocent people, how will you iive with yourself �TftEOPINION November 16,1994 Christian Legal Society, religious activities or exercises. When asked for examples of these activities, Larson said that suchactivities would include prayer meetings and bible studies. "I think it's impossible and disingenuous to state that they'll use funds for secularpurposes in light of theirConstitution, bylaws andstatementoffaith," saidDavid Nemeroff, who spoke against CLS recognition and funding. Jim Farnsworth, president of the CLS, said that the society was planning several events that he characterized as secular inpurpose such as a joint debatewith theLGBLS on the subject of homosexuality and a series of lectures including possible speakers such as former New York Supreme Court Justice Walter Ostrowski, Rep. John La Falce, and pro-life activists Revs. Paul and Robert Schenck. He said thatamong the topics to be discussed will be feminism, theFirst Amendment, abortion, and the jurisprudence of punishment. During the meeting, first-year Class Director Veronica Rodriguez pointed to several clauses in the CLS bylaws which she said indicated the pervasively religious purpose of the organization. Article II of the bylaws states that the purposes ofthe chapter include the "spiritual growth ofstudents and the lawschool who identify themselves as followers of JesusChrist To To proclaim Jesus as Lord through all that we do encourage Christian law students to view law as a ministry." The document, however, goes on to state other purposes such as: "To develop a vision among law school students for the promotion of justice,religious liberty andreconciliation .Toprovide a forum for thediscussion ofproblems relating to Christianityand the law... To develop a concern among law school students for the legal needs of the poor and needy, churchesand other charitable organizations." Rodriguez said after the meeting that her opposition to recogni tion and funding of the CLScentered on therequirement thatvoting members sign the statement of faith. "All organizations funded by theSBA shouldbe open to every law student without regard to religious belief." she said. While opponents focused on the possible discriminatory effectsof the statement offaith on non-believers, proponents . ... . . First Floor Lounge. _____ — I 1994DesmondMootCourta)mpeationResults First Place: John Bolton <fc Jeff Calabre.se Finalists: Carolyn Pratt & Bridget Cawley . Quarter-Finalists: - || ~, , 5:00 p.m. Black Law Students Association Meeting: 108. Jennifer Sommers & Darci Hoff - Viktoria Makarevich & Brian Melber Jennifer Lyons &MicheleOwdienko Bcstorators: #1 Dae Hof U2 Mark Somers #3 Jim Bargnesi #4 Viktoria Makarevich #5 Carolyn Pratt _.. •j- ... ~ ,■ . . WEDNESDAY. NOVEMBER 30 , Wolier,ll& Larry ~, ~ „„„Christine ~ Keller - , , ' .'iam. i/ooafoh. -itt I'fymt'rereading this,-thank yon. ■ t . . 81/2 Thur inur.aio.Ki at 6-15 ■■■ «i *■■■ , -|yT ' ' —. ■■■■—,«» ■■■■ ■ . We stilllow yon Satan! — Frenchv , ■ „„ Jennie-hvan ,Iloveyou ~'~ ~ / love yon too Jennie -annonvmous t ~lull ,... ana have aheer N.X.i KigO. tvltere's theAAJ.SA jJioto'Oops. . , boys .._ ry ___ « T JMCXt ISSUCI JJeC. /', , I Submission Deadline: Dec. 2. i g A llla Will L»C UUI Ut»l ISSUC Ul | | the SemeStei*^' . 9:00 & 2 00 4:00 N Second Year Schedules: Second years; drop f by A&R to pick up your schedule cards. Tothe ILB-BallTeam: Wav to bouncethehalt, ' ■ tlai'itv Hirthdm.'Lisa' thm-old arc yon now: ■ -theanriiyutlrtshmeitt Manhattan Wed. at 6:30 p.m. Speed W, Th, F at 9:00 p.m. and Fat 6:30p.m. This is Spinal Tap „ L„ n_~ ».„. JtiaVe 3 napDV ** " T'X+n-nArcnl t'r%<* ft 1 nanKSglVing J | ——.——————■■— (UmgraMlattonsSttavnH l)emlieadr«k,Hest*,shesforax,>cc,Krecover cd* _.>■... r trenchy, Ithought itowrand your argumentsatisfies mvqtu-sttan.-ue . - v,, #3 #4 Carolyn Pratt & Bridget Cawley #5 Jennifer Lyons & Michele Owdienko ~ . UUAB Films: The following films will be shown in the Student Union Theater (201 SU) between November 16 and 18. Prices are $2.00 w/UB I.D. and $3.50 general admission. Friatll'3opm 3:30 pm CDO Summer Job Presentation: This presentation is geared t0 IL's and will be held in room 106. #1 Jennifer Sommers & Darci Hoff #2 JohnBolton & Jeffrey Calabrese u~ - . FYI TUESDAY. NOVEMBER 29 David Nemeroff& Paul Beyer Best Brief: Room 9:00 a.m. Noon & 2:00 p.m. 4:00 p.m. _. „. „ „. , First Year Registration: First year students shou d s ' make sure to turn in their registration materials to A&R by close of business today. ~ 3:30 p.m. CDO Studying and Working Abroad Presentation: Lidwyn Brokx will give a presentation 0 n studying and working abroad. Buffalo law students who studied abroad this past summer will also be available for discussion. Refresments will follow, compliments of the International Law Society. Everyone is welcome. - 9:00 a.m. Noon & 2:00 p.m. 4:00 p.m. Second Year Registration: Second year students must turn in their registration materials by close of business today inorder to pre-register. Make sure you have a zero balance or credit with Student Accounts by Monday, November 21. MONDAY. NOVEMBER 21 William Gargan & Melissa Fingui „, „,, „ , ° II„ Christine Keller & Larry Wollert, Semi-Finalists: said thatrefusal to fund the CLS would constitute discriminaright of the CLS to use classrooms and facilities at the law tion against religious organizations. Larson said that while he school; his sole concern was that funding theCLS violates the agrees that the SBA is under no obligation to fund the CLS, Establishment Clause. Kitson said that the resolution of the CLS issue was a "once you start funding any political or ideological groups, any exclusions must be content-neutral." If some groups are sensible balance of the constitutional issues involved. "I'm excluded because of the beliefs they hold, the SBA would, in glad to see thatthe SBA handled it in a dignified manner, unlike effect, be oppressing thespeech of the excludedgroups, he said. last year's board." Prior to themeeting, third-year ClassDirectorRob Xi tson Farisi said thathe disagreed withthe action taken by the wrote and distributed a memorandum disputing this view. He SBA, but he couldn't do anything about it. "I have to abide with stated in the memo that the same amendmentthat protects the what theboard decided. I stand behind theboard in making this decision," he said. individual CLSmembers'practiceoftheirreligion also prohibits theSBA from funding purely religious speech. However, the Xi tson memorandumalso statedthatrecogAdditionalfunding for ELS approved nition and funding of theCLS would not, on its face, violate the In other actions, the SBA unaminously voted, with one EstablishmentClause and recommended that the SBAvote to abstention, to grant the Entertainment Law Society $300 for their general budget and $200 for their lecture line. The ELS recognize and fund the society. Nemeroff later took exception to this view, stating that was previously granted $250 for start upfunds. "the Founding Fathers recognized the importanceof separation A friendly amendment by Macado to grant the society of church and state and entrenched it in the Establishment additional funds so it wouldn't have to return for additional Clause. Thepurpose ofthe EstablishmentClauseis to prevent funding was withdrawnafterJewett expressed concern that the government from advancing religion." amendment may have an adverse effect onother organizations Farnsworth said that, in his view, the government should coming before it for funding. neither promote nor hinder religious expression; however, discrimination against a student groupbecause ofitsreligious Funding for Wine/ Cheese Reception Approved The SBAalso voted to allocate $200 for a wineand cheese nature would constitute hinderance of religious expression. reception which was held at theCenter for theArts on Nov. 9. There was also disagreement over the effect that SBA Before thevote, Stroud voicedconcern over that too much control over theCLS budget wouldhave. In his memorandum, emphasis was being placed on the availability of alcohol at Kitson expressed confidence that the SBA budget committee SBA functions. She said that with the issue of alcoholism could exercise discretion over whether to fund a particular amongattorneys becoming more prominent, theSßAshouldn't event or to disallow funding due to an impermissible religious be i n the position of constantly encouraging students to drink. focus. She said that shedidn't mean that no alcohol shouldbe served Nemeroff begged to differ. "The SBA will now be at these functions, but that the SBA should tone down the required to regulate the CLS," he said, "That type of entangleemphasis on alcohol when they publicize the functions. ment is what the Establishment Clause was designed to prevent." Austin said that the SBA was encouraging designated Nemeroff stressed that his goal was not to suppress the drivers at thefunctions wherealcohol was servedand that it was speech ofthe CLS in any way. He saidhe fully supported the trying to assume a responsible role. THURSDAY. NOVEMBER 17 4:00 p.m. First Amendment Debate: A debate on the free speech rights of anti-abortion protestors, featuring Professor Lucinda Finley and David Jay, Director for the New York Civil Liberties Union. Refreshments to be served afterwards. Room 108. Sponsored by The Federalist Society. 7:00 p.m. continuedfrom page one Entertainment Law Speaker: Leslie Greenbaum, an attorney practicing in art and entertainment law, will speak in Room 210. A reception in the student lounge will begin at 6:30 p.m. Sponsored by the Entertainment and Sports Law Society. WEDNESDAY. NOVEMBER 16 3:30 p.m. International Law Society Meeting: 11 """ f" _ , t ""leastSatmlmvsnu- It's < a.m. again. Wlum/iie' . ———————— p..,, r //„„,,.,,,. ,M 5:,,,. V •-/*•' t\...,i.. th,> ,>a Ones At ..> >er stuki. o, » hat • „ tpersonals tn box rnrrirrrt m l. -i nt t are FREE!!! Personals Place your UlO and ne * ' it. mightprint | J �THEOPINION 12 November 16,1994 WE MUST BE DOING SOMETHING This semester, more than anytime in recent history, there is a proliferation by other bar review courses of "BAR/BRI Bashing." BAR/BRI is the overwhelming choice of New York bar candidates. (Last summer more than 5,600 of the 7,700 students who sat for the New York bar exam chose BAR/BRI.) We have become the #1 course by promising a lot and delivering more. Make an informed decision. Investigate. Self-serving "BAR/BRI Bashing" is not based on fact. Ask students who took our course. They will tell you... / m h£ m, m jgr/S- ** W ** Iff / We Must Be Doing Something Right � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Opinion, 1994-11-16 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. Opinion Vol. 35 No. 6 Date Issued Date of formal issuance (e.g., publication) of the resource. 11/16/1994 Bibliographic Citation A bibliographic reference for the resource. Recommended practice is to include sufficient bibliographic detail to identify the resource as unambiguously as possible. 35 6 Publisher An entity responsible for making the resource available University of Buffalo State University of New York at Buffalo Law School Language A language of the resource eng Type The nature or genre of the resource Newspapers Text Is Part Of A related resource in which the described resource is physically or logically included. LIB-LAW003 Rights Information about rights held in and over the resource <a href="https://rightsstatements.org/page/CNE/1.0/">COPYRIGHT NOT EVALUATED</a>. The copyright and related rights status of this Item has not been evaluated. Please refer to the organization that has made the Item available for more information. You are free to use this Item in any way that is permitted by the copyright and related rights legislation that applies to your use. This digital collection is made available for research and educational purposes. Researchers are responsible for determining copyright status, and securing permissions for use and publication of any material. Copyright for items in this collection may be held by the creators, their heirs, or assigns. Researchers are required to obtain written permission from copyright holders and the University Archives prior to reproducing or publishing materials, including images and quotations. For inquiries about reproduction requests and permissions, please contact the <a href="http://library.buffalo.edu/archives/">University Archives</a>. If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/4c8a91c95bb7644c51c55721459c7cc6.pdf 441834c74ff9b1859d7a89e04ce39bea PDF Text Text I I Brief survey ofthe Nov. 8 I election. See story on page 6. J FEATURES Crime andEvUin America. Seepages. I I . SeeWho'sWhoArnongAmerican jLoh'Students Story <?n /*«££ 7. Bringing theissues to thestudentssince 1949 THE OPINION Volume 35, No. 5 Economics STATE UNIVERSITY OF NEW YORKATBUFFALO SCHOOLOFLAW October 26,1994 Movin' Out department heads to Fronczak after two decades in O 'Brian by PeterZummo, Managing Editor TheEconomics Department is moving to Fronczak Hall, freeing up much needed space inO'BrianHall not only for classroom instruction but also for office space for professors, support staff and student organizations, according to a law school dean. Acting Dean Tom Headrick confirmed the move of Economics last week to The Onjnjon, saying "they are moving, but wedon't know when." Headrick statedthathe hadbeen "working on gettingmore spacefor thelaw schoolfor 10 years. I'm pleased it finally happened." Headrick, as chairofthe Planning Committee, has been working on the new curriculum project for several years. It was the approval of the New Curriculum that finally convinced the university administration that the law school needed the space in O'Brian currently used by Economics. "We really need it in order to function effectively," Headrick said. "With thedevelopment ofthe new clinical programs, additional space becameimperative. The [university] administrationrecognized theneedandworked hard to find a way to accommodate us." A memorandumobtained by TheOpinion outlinesthedetails ofthe move and use ofthe space. The memo is only a preliminary plan, and is subject to change. Preparation of the final plans can begin since the move of the Economics department is now definite. press passes SBA free graphic by Lett Opanshuk Briefly, the memo calls for theimmediate return of control of the MootCourt room (104) to the law school, with rooms 107,209, 214 and 213 being returned to UB Lawcontrol hopefully by the fall of 1994. In addition, all of theofficespacecurrent- coanstiual mendment inmodfeform SBA administrations t« sanction by Steven Diaz, Reporter The Student Bar Association The Opinion lor its editorial content and condemning such actions passeda resolution Oct. 11 proposing that the SBA Constitution be as a violation of the paper's First amended to prohibit the associa- Amendmentrights. tionfrom abridging thefreedomof Theresolution thenproposed the pressand from saw:turningTV that the following amendment to f~>rwnirm ff\r ■ the SBA Constitution "You can't simultaneously bepresented attemptto guaranteefree to the students: that speech while at the same a the :' S BA defeated resolution shall "pass no resolution over that speech." "Peterßeadle abrigmg the freedom of ion greater the press or financial autonomy. the press in anyway sanctioning Passageof theresolution was (sic) for the exercise of that freewithout controversy. Theclass iCtors made several changes m PeterBeadle, piodut(ion manthe language of the amendment ager of ThejJi2inKjri. andauthorof before f i nal passage. theamendment, saidaftertbemeetloitsoriginal form,theamending that the originalresolution was merit contained three clauses dewritten to mirrorthewordixigoi the claring theimportance of a freeand First Amendment to the United || :: t unfettered press, stating that there were documented attemptsby past States Constitution. SeeAMENDMENT<»tpage3\ ly being occupiedby the Economics Department on thesixthand seventhfloors of O'Brian will be transferred to thecontrolof to UBLaw. Tentative plans call for room six in the basement to become a Student Activities Center, while thestudent lounge on the first floor will become a new 25 seat classroom. Room 109 will be transformed into a "computer classroom" and a new student lounge will created out of room 207. Additional plans call for CDO to move into new space on the upper floors of O'Brian, and offices for newly appointed professors critical to the success ofthe New Curriculum will beaccommodated in theoffices now being used by the Economics department. Professor William H. Baumer, acting chair of the Economics Department said that "we have been told that we have been relocated...we are still discussing the details of space assignments... with officers of the university administration. Fronczak is the destination we have discussed." Asked when Economics will be ready to move, Baumer said "we do not have a date at which that will take place." Professor Richard Barnett of the Economics department stated that he"would like to stay in O'Brian. It is a nice building and convenient to therest ofthe campus, but you go where you have to go." Barnett expressed his disappointment over theloss ofthe i nteractionwith some ofhis colleagues at thelaw school. "I met a few law professors which Iwouldn'thaveif wewere not located in this building. Thisis a positive to our current location." Moreofficespace for studentgroups will SeeECONOMICSonpage 10 Clothesline commemorates victims ofdomestic violence da sponsors the project, which is 20 shirts,three-quarters ofwhich were by JosephBroadbent, iNews Editor Ifyou walkedpast thefirst floor carried on nationally in over 125 made by law students in a recent Tlobby ofO'BrianHalllast Thursday, communities as well as internation- shirt-makingworkshop. Pratt stated you may have noticed a number of ally in countries such as Zimbabwe. thatlast Thursday's display wasonly thefirst such display in the area; the shirts hanging over a clothesline wi th The project is designed to demonstrate the way domestic violence project is ongoing and the Task Force writing on them. affects The display was part of The its victims. Carolyn Pratt, a hopes to conduct another display Clothesl ine Project, sponsoredby the memberoftheTaskForce's Steering during TakeBack the Night, as well Domestic ViolenceTask Force and Committee, statedthat "people don't as another display at a location to be a variety of community groups as understand thewideeffects domesdetermined. Month, ofDomestic Violence to tic violence has on women and the part Students described the display as "sobering" and as really bringing remember the victims of domestic community." The UB display featuredabout violence. SeeCLOTHESLINEonpageIO The Project, which was begun in Hyannis, Massachusetts in 1990 by the Cape Cod Women's Agenda, was inspired by one woman's trip to Washington, D.C. and theVietnam Memorial. Upon seeing the memorial, she was inspired to create a memorial that wouldremember the victims of domestic violence. The idea of a clothesline was used because it represents the stereotype of women washing and hanging laundry; using the stereotype in a revolutionary way was a message that women should no longer remain si- by lent about their abuse. The CapeCodWomen'sAgenThe Clothesline servesas a memorialto thevictims ofdomestic violence. KociMolasl ly Phot �O THE PINION 2 r October 26,1994 X r, r MPRE REVIEW OUR LOCATIONS FOR NOVEMBER 18TH MPRE EXAM ***NOTE: All classes will run from 9:00 a.m.-5:00p.m. Sunday, October 16, 1994: LIVE Lecture Amphitheater, Main Floor Fashion Institute of Technology *Enter at 27th St. and 7th Aye. entrance Saturday, October 29, 1994: aaaaaaaaaaaaaaaaaaaaaaatmaaaaaaaaaaaaaaaaaaaaaaaawaW VIDEO-TAPE Lectures Boston Univ. Law School Georgetown Law School Hofstra Law School Syracuse Law School Pace Law School Room 1434 ROOM 109 ROOM 238 Melvin Lecture Hall ROOM 405 Sunday, October 30, 1994 VIDEO-TAPE Lectures ROOM E 7/8 ROOM 109, O'Brian Hall ROOM 110 Albany Law School Buffalo Law School NYU Law School lb reserve a seat, CALL 1 -800-635-6569. This course is available to any and all interested students no matter which bar review course he or she is registered for. WALK-INS ARE WELCOME!!!! �NEWS October 26, 1994 by Steven Dietz. iReporter The Student Bar Association voted Oct. 11 to grant the International Law Society enough funding for its initial activities. TheSBAconsideredaproposal to gramme society $850ofatotal budget request of $3,500. Secondyear Class Ditector John Leifert objected that the SBAshould not be considering any action that would affect the budget before the budget figures were available. He moved that considerationbe tabled. The motionpassed 12-1-5. 1 Leifert saidafter the meeting that before financing an organization's activities, it is important to for student organizations funded by thcSBA. Thenewpolicy would bar alt expenditures offood except purchases made forfund-raising events, recruitment meetings (limited to one per semester), receptions held in connection wnh lectures, moot court competitions or similar educational events, or training sessions. The only exception wouldbe a social event to which at least one class year is invited. The motion : " waspassed 1.2-0-3,■■■ ; ■ Recognition ofChristian society delayed The SBA also tabled recognition of theChristian Legal Society. The resolution would have condiobtain information on income, tioned recognition ofthe society on their agreement to allow any stuneeds, casts and detads onexpenditures. H<j said he would base his dent to participate;! n the affairs of budget decisions onhow estab- the local chapter. lished the organization was and At the meeting, the society what type of work it does. Those distributed a lengthy "memoranorganizations most essential tothe dum, oflaw" which detailed me the taw school. such reasons why the society should be as the moot court boards, should recognized unconditionally. Itdehave priority, he saidi|||||||||||| nied thai thereqtiiiemeril that memAfter thevote, it was requestbers sign a statement ofbasic teed that the SBA grant the society a nctsoffaith violatedthe SBA Constaxt-upapptopTi ation so that men> M§ition, ~. bers can attend a national conferit further stated that the SBA ence. A proposal was made to grant Constitution, if it barred recognithe society $250. This proposal was tion and fu ndingaft he soclety, vipassed unaminousi y. with two ab- olated the First Amendment to thelMted: States Consti tuiiort,: inStenUOnS SBA Treasurer Elizabeth cttidi ng such provisions as therights Jewell later said that the society to free speech, assembly, free exerwas not budgeted at the end of last cise of reiigiori and the: establishThe budget figures "are pot A motion to tablerecognition set in stone," she said, and the ntit the class directors had a v society ot any other funded organization could come to the SBA at a chance to read the memorandum future meeting for further funding. passed 10-5-1. Leifert said i hathe would consider further funding; the InternaSBA won't party withBAR\BRJ Society Law F.nterThe SBAalso voted y-5 not to tional and the he taiomentLaw Society once had co-sponsor a Halloween Party with BARJ3RI bar review. Directors a chance to Study the budget. New food policy for groups expressedconcern about appearing to favor one barreview over anothA oess; oiheibusi the SB votIn ed to implement a new food policy er. Amendment, 3 CDO: Job market may be opening up byßosannaßerardi, Reporter Despite the news of a depressed economy andweak jobmarket, nearly 82 percent of the class of 1993are currently employed in law-related jobs. Audrey Koscielniak, director of the Career Development Office, attributes the success to a"bottomedout job market." She states that "from 1989to 1992, themarket continued to shrink and the amount of legal jobs diminished significantly." However, in 1993, the job market appeared to reach a stable point, she said. A CDO employment report shows that 57 percent of theclass of 1993 are employed in the public sector, while 11percent are employed in public interest careers. The averagesal ary for al 1 jobs, including private, business and industry, government, public interest, andjudicial clerkships, was $34,199. Each year, the National Association forLaw Placement (NALP) requires the CDO to prepare an annual statistical report on the employment status of law school graduates. The CDO compiles data through a survey, the alumni directory form, whichis distributedin April or May. The Office also uses phone calls to follow up on graduates who were offered employment after graduation, a The NALP report on employ- s ment for 1993reflects thesame trends s as thedatafrom ÜB. The number of a employed students was virtually * unchanged from that of the prior i. year's class: 83.4 percent of gradu- o ates, compared to 83.5 percent for gression to employers'apprehensi vethe class of 1992. As far as areas of ness to hireunless they are absoluteemployment, thenationalaverage in ly certain they have the resources private practice was 57.1 percent, and work forfuture employees. As far as obtaining legal emwhilethenationalaverage forpublic Koscielniak stated that ployment, was 2.3 interest employment only UB alumni are "vital." Several percent. The 1993calendarofoffers did, alumni act as agents for theCDO by however, moveslowly, asoffers were attempting to persuade theiremploymade graduallythroughout theyear. ers to participate in on-campus reKoscielniak attributes thisslow pro- cruiting or at job fairs. Several stu- - stAar-fugpb unds S B to International Law Society THE OPINION dents have benefited from this by learning about job openings firsthand. Theverdict for theclassof 1994 is not out yet. Statistics are still being complied and shouldbe publishedinMarchof 1995. Koscielniak predicts the data will be similar to that of 1993, as the job market appears to have remained stable. continuedfrompage one With this wording, "we have a tradition of jurisprudence on free speech to fall back on," said secondyear class director JohnLeifert. Second-year Class Director Reda Austin proposed the amendments anda motionwas madeto pass the resolution by acclamation, but discussion was unaminously tabled so that representatives of the Christian Legal Society couldbe heard on a different issue. When discussion resumed, SBA Vice-President Leslie Machado voiced concern about the effects of the resolution. "Any time this body in thefuture decides to roll back The Opinion budget, couldthatbe abriging thefreedom ofthepress? Bypassing the resolution, are we tying our hands?" Machado asked Beadle. In response, Beadle explained that the whole point of the amendment was to tie the SBA's hands. He added that The Opinion's own constitution was in effect a contract with the SBA to act under the principles agreed uponwhen the organization was originally chartered. "A violation of our constitution would allow the SBA to act without triggeringa violationoffree press," he said. First-year Class Director Tom Trbovich objected to the first three clauses. He said that the clauses stated that theSBA had done something wrong without solidevidence that the wrongdoing had actually occurred. Beadle stated that the evidence was documented in the September issue ofTheOpinionand further stated that he had no objection if the directors chose to delete the language. First-year Class Director Gil Michel-Garcia then said that it was oneoftheresponsibilities of theSBA to represent the students if they began voicing dissatisfactionwith the editorial direction of The Opinion. He repeated Machado's concern about tying the SBA's hands. "I wanted to pre-empt The Opinion from being used by any activist group as a means ofpursuing its agenda," Michel-Garcia said after the meeting. "Newspapers should not have an agenda and be governed by aneditorial board that advocates only one side of an issue. That defeats the purpose of journalism." A motion to pass theresolution with the first three clauses stricken failed by a 10-2-6 vote. The SBA Constitutionrequires the approval of two-thirds of the Executive Board before a constitutional amendment can be submittedto the studentbody. The SBA then voted 8-2 to suspend its rules. An amendment to the language of theresolution was thenproposed, which wouldhave changed the resolution to read: "pass no resolution abriging thefreedom of the press to Proposed SBA constitutionalamendment "[The SBA shall] pass no resolution abridging thefreedom ofthepressto reporton the news, including the affairs of thelaw school, orsanctioning thepress in any way (sic) for the exercise ofthatfreedom." report on the news andaffairs ofthe Ed by Austin. After the meeting, Trbovich law school" (emphasis ours). Beadle, whenasked by theSBA said that, while he thought nobody disagreed withtheFirst Amendment, whether the motion shouldbe considered a friendly amendment, said he agreed with the changes to the that themotion shouldbe treated as language of the resolution. a hostile one. Austin then proposed Garcia said that while the lanthat the amended language be guage of the amendment didn'taddress his concerns, the discussion changed to "... on the news, including the affairs of the law school." during the meeting did. This change addressed concerns that First-year class director George the prior language would leave the Hamboussi saidthatwhile hefeltthe SBA free to attempt to censor or language was unneccesary, "it was sanction coverage ofissues outside a better amendment afterward." Leifert said he felt the added of the law school. Beadle said that the revised language did not really clarify the resolution. By adding language that language was unnecessary and assuredtheSBA thatThe Opinion had deviated from the language in the its own constitution thatdefines the First Amendment, uncertainty was mission of the paper. If the editorial also added because there was no board engaged in editorial jurisprudenceto rely on as guidance decisionmaking so extreme that it as to what is permissible, he said. violated its own constitution, the Beadle said that he feared that association could still sanctionThe therevisedwording oftheresolution Opinion, nomatterwhichversionof wouldleaveopenthepossibility that it will be interpreted to permit future the resolution was passed. TheSBA voted unaminously to interferencewitheditorialdecisions. "It shows that some members reinstate Robert's Rules of Order, of theSBA don't get the point of the then voted 14-3-1 to pass theresolution without the first three clauses First Amendment," he said. "You and withthe addedclause as amend- can'tsimultaneously attempt to guar- antee free speech while at the same time tryto maintaincontrol over that speech." According to ArticleVIII of the SBA Constitution, the Amendment must be ratifiedby a majority vote of thestudent body, with a minimum of 20 percent of the students voting. The vote must take place overa twodayperiod. After the first resolution was passed, a secondresoluti on to change thewayTheOpinion is funded, which was writtenby SBA President Dwy er, was considered. The resolution, as drafted, would havemade an annual allocationof 10.5 percent of the total estimated student fees to The Opinion and permitted the paper to roll over any ad revenue generated in excess to that allocation to the next year's budget. Leifert immediately objected that it was improper to consider this resolution withoutfirst considering the annual budget. A motion to vote on theresolution without discussion was passed 12-2-4and theresolution failedby a 4-10-4 vote. Beadle said he was bothered that the motion was defeated without discussion, adding that it deserved fullerconsideration. "To vote on a resolution without any discussion is not a responsible way to legislate," he said. �EDITORIAL THE OPINION 4 I OPINION Volume 35, No. 5 Foundedl949 Evan C. Baranoff Editor-in-Chief October 26, 1994 October 26,1994 Peter G. Zummo Managing Editor EDITORIAL: A step in the right direction The move of the Economics department from O'Brian is welcome news. The space crunch at UB Law is a long standingproblem that was crying out for a solution. In a way, it still is, but more on that later. Withthe implementation oftheNew Curriculum, more professors will be appointed, and additional classrooms will become necessary. The Economics move will temporarily solve these problems. Student organizations, some of which werejammedinto offices with as many as five other groups, will at least be given some modicum ofrelief. Lenby The space which will be allotted to student groups has not yet been ie determined, but the SBA is hopeful that they will be able to come to a Graph reasonable accommodation with the administration. While the Economics departmentmove is good news for UB Law, the bad news is thatwe' re left behind. We may have found a short term solution, By Evan Baranoff Editor-in-Chief but the long term problems with O' Brian remain. The building itselfis in need of major renovation and repairs. Major modifications which should be made to the building, both for the safety and convenience ofthe students, At the last meeting of the Student Bar mission. Our constitution states: cannot be made because ofthe asbestos problem. "In recognition of the need for a fully Association, SBA class directors demonstratWhat ÜBLawreally needs is a new building. This will enabletheschool edprecisely why a SBA constitutionalamendautonomous and independentstudent newspato be designed with the not to faroff future in mind. ment is needed to protect our fundamental right per to report news and other topics ofinteres to a free press. totheState University ofNew York at Buffalo The days ofbooks and note pads are numbered. Soon all research will More withits to control Law School community; promote discussion abihty concerned be done by using either on line services or with CD Roms. Reporters on print thanwith protecting the fundamental right to and comment on issues relevant to that comwill become a mere historical artifact, much like desks with inkwells. a free munity and the legal profession; and serve as press, the SBA amended the constituStudents will soon no longer bring pads and pens to class but will plug in a forum where students, faculty, staff, alumni tionalamendment as proposed by TheOpinion. their notebooks, requiring classroom that are computer ready and netThe Opinion's proposed amendment, and others in the law school community may worked, with access to CD Rom servers and on-line computers. As soon as which wasmodeledafter theFirstAmendment communicateandshareideas with one anoththe price of portable computers dropsto the level of what is affordable by of the U.S. Constitution, readinpart as follows: er; this Constitution is hereby adopted...." Thus, The Opinioncould not — even if it "[The SBA shall] Pass no resolution all (usually $299.99, as experience with VCR's has taught us). wantedto only cover Satanic worship or other abridging thefreedomofthe press, or sanctionAlready in some universities, papers are no longer "handed in" but ing thepress in anyway forthe exercise of that agendas totally unrelatedto the law school, as sent electronically to the professors mailbox. Many law firms today freedom." (See box onpagefivefor complete The truth of the matter is that the only communicate with theirclients exclusively by computer, viaE-mail and fax. text ofourproposed amendment.) But the First activist group" that has Even bills, yes we get paid for this, are sent electronically, with payment which ried to use The Opinion to made directly into thelaw firm's bank account by electronic transfer. The Amendment, TheFirst Amendment, which was good enough for further its agenda is theSBA future is here, and UB Law should recognize it. our Founding Fathers was goodenough for our nd the changes to the UB Law should start planning now for a new building to meet the new and good enough for FoundingFathers and good mendment only help the our nation for 203 enough needs ofthe next century. O'Brian is still a viable building for the immediate our nation for 203 SBA's efforts to keep The for wasapparentyears, short term, but it won't meet the needs ofthe next century. years, was apparently not good Opinion on a short leash not lowever, I supposeit'sbetgood enough As the major public law school New York state, UB law should be ly enough for the SBA. er than nothing. funded to the level it merits. Any thing less is not enough. SBA directors Some students have Yes, the move of Economics is a good beginning, but only that a apparently did not consider freedom of the asked why a constitutional amendment was neededwhen we have the First Amendment press to be "a fundamental aspect to our conbeginning. Let's not allow the future to surprise us one day; the law school of and thus deletedthis The answer is that the SBA currently has no cept liberty" language administration should start planning now. Opanshuk Deliberations SBA was wrong to change amendment — — STAFF Business Manager: Production Manager NewsEditor: Features Editor: Photography Editor: ArtDirector: Lisa C. Nasiak Peter W. Beadle Joseph Broadbent SamChi John W. Gasper LenOpanashuk Assistant editors: News: John Federiceand Lesa Masfonka; Photo: Molly Kocialski; Graphics: David Leone; Business: Jake Santos. Beat reporters: SBA: Steven Dielz; CDO: Daniela Almeida-Quigg; Alumni: Shelley Chao; Downtown:MichaelKuzma. Contributing Staff: Rosanna Berardi, Kelly Byrd, Kristin Jones and Dianna Ramos. Computer consultant: Peter Beadle Stabilizing: Passingthehairwaypc-iol Destabilizing: Pie graphsand thedamn printer TheOpinion isanon-PRifit. independent,student-ownedandrun publication fundedby the SBAfromstudentlaw fees. TheOpinion. SUNYAtBuffalo Amherst Campus,724JohnLotdO'BrianHall,Buffalo, New York 14260 (7161645-2147. TheOpinion is published every twoweeksdurum theFallandSprinpsemesters. It is thestudentnewspaperoftheStateUniversity ofNewYorkatßuffaloSchoolofLaw. Copyright 1994by TjKOjiinion,SBA. Anyreproductionofmalerialsherc inis strictlyprohibited withouttheexpress consentoftheEditors. Submissiondeadlinesforletters to theedilorandPerspectivesare5 p.m. on theFridayprecedingpublication. Advertising deadlines are6 p.m. onthe Fridayprecedingpublication. Submissions may citherhe sentto TheOpinion at theabovenoted address. droppedoffunderTheOpinionoffice door(room 724 O' Brian Hall), orplaced inBox#loor#280on thethird floorof O'Brian Hall. Allcopy mustbe typed,doubled-spaced,and submitted on paper andon acornputerdisk(IBM- WordPerfect). Letters arebest when written asa partofa dialogueand must beno more than twopages double-spaced.Perspectives are generallyopinion articlesconcerningtopics ofinteresttothelawschoolcommunityand mustbenomore thanfourpagesdouble-spaced The Opinion readsandappreciates every letterand Perspective wereceive: wereserve theright loeditany andall submissions forspace asneccssaryandalso forlibelouscontent. The Opinionwill notpublish uasitmedsubmissions. Wewill return your disks to yourcampus mailboxortoaprivate mailbox if aself-addressed stampedenvelope is provided. The Opinion is dedicated to providea forumlorthe freeexchangeofideas Asaresult, theviewsexpressed in thisnewspaperare not necessarily thoseoftheEditorsor Staffof The Opinion. "Congressshallmake no law ....abridging thefreedom ofspeech, or ofthc press;..." — The First Amendment from our amendment. SBA directorsalso refused to recognize the documented attempts by the SBA during past administrations to sanction The Opinion because of its editorial content. Instead, theSBAdirectorschose to change the wording ofthe amendment in an effort to limit the amendment's scope and maintain control. Thepurposeof the changesto theamenc ment was in first-year director Gil Miche Garcia's words "to pre-empt The Opinio from being used by any activist group as means of pursuing its agenda." First of all, this comment is absurd. Free dom of the press means just that. Freedo cannot be controlled. Secondly, The Opinion's constitution, which is binding on the newspaper, would prevent thenewspaper from straying from its — — constitutional duty to fundTheOpinionor any other group; it could choose not to fund the paper. However, anSBAconstitutional amendment could obligate the SBA to fund the studentnewspaper. Aproposed budgetpolicy, authoredby the president, Ben Dwyer, was voteddown out any consideration by the Board oi Directors. The pol icy wouldhave ensuredThe Opinion 10.5percent of therevenues generatec by theacti vi ty feeandwould haveal lowedThe Opinion to keep ad revenue generated over the amount of theSBA's allocation to The Opinion. However, theSBA rejected its obligation ndthestudent newspaper without discussion. The SBA spent more time discussing whenand wherethe next sponsoredbqozefest would be than it did talking about giving the X . X SeeDELIBERA TIONSpageS Clarification: clarification ofthe Oct. 12 article, "New Society recognized by SBA," it was that JohnLeifert and Veronicaßodriquez motionedto table recognition of the ESLS. reported ' In The motion was made and voted on before it had been established that failure to recognize the ESLS at the Sept. 27 SBA meeting wouldprevent it from bringing their first scheduled speaker to the Law School. Once the point was raised that it was necessary to provisionally recognize thegroup and grant it sufficient funds to host its speaker, those voting originally to tablethe matterreconsidered and joined a unanimous vote to regogni ze andfundthe society. �October 26, 1994 OP/ED THE OPINION Perspectives By Joseph Broadbent Crime and Evil in America Unless you ye been living under a rock for the past year, you know that crime is the number one issue in America today. The nationaland local news ram it down our throats. Legislators talkaboutit withtheirconstituents. For thelast two years. Congress has bickered back and forth about the issue until finally coming up witha compromise law lastmonth. Finally, almost all thecandidates for the upcoming elections are talking that no matter how many times we drill a concept such as respecting othersinto a person, committing a crime is ultimately a personal choice that the individual makes. The "Just Say No to Drugs" campaign was drilled into the minds of impressionablechildren incessantly, yet.some of those same children have grown up to become drug users and dealers. Certainly, that can't be because of a lack ofeffort by the campaign; it was ultimately a result of a choice which was made. because they wouldn't commit suchatrocities against others, they assume thateveryone sharestheirvalues. Unfortunately, thai is not the case. Many repeat offenders enjoy committing theircrimes and the sense ofcontrol over thevictim that it gives them. They couldn't care less about being rehabilitated and leading a law-abiding life; they look at law-abiding people as -i "suckers." one The prevalence of crime is issue that, Many repeat The "three strikes, you're out" proposal which enjoy committing their crimes almost by its nature, causes people to take stands has become so popular lately has merit in that it sense control over the victim that it gives based on emotion. On one side, people argue that not and the imposes appropriately stiff penalties for those who have repeatedly demonstrated that they have no enough is being done about it and that criminals them. They couldn 't care less about being deserve stiffer sentences. The other sideargues that Provided thatsuchlaws rehabilitated and leadinga law-abiding life; they look concernforothersorsociety. can be phrased so as to only apply to serious, violent longer sentences won' t do any good and thatall the at law-abidingpeople as "suckers." criminals, the concept is one whose time has come. attention should be focused on social programs di-I The same applies to the death penalty, which is rected at the youth. No matter how many times aparent or teacher tells a child reserved for the most violentmurdererswhohave showed utter Perhaps what some people fail to realize, or don't want to that there are some are to abide by the lawand not hurt others, thechild or teenager is contempt for the lives ofothers. admit, is people in the worldwho just evil, for lack of a better word. The are full o faced with thealternatives of workingfor $5.00/hr. or dealing One obvious way to cut down on the amount of violent prisons plain inmates who served a shortened sentence, got out, and the and thousandsofdollars a week. Whenhechooses crime is through strict control of guns and bullets, which will drugs making committed the same crime all overagain. Whileitmaybe tru to pursue the lifeof crime, whether it be dealing drugs, armed make it much more difficult (although not impossible) for that they wouldhave returned to a lifeofcrimeregardless of th robbery orrape, are we to blame the parents or theteachers for criminals to use guns in their crimes, which makes thecrime sentence, of the that to the mother whos thecriminal\s choice? That's what some people would like to easier to pull offand keeps thevictim distancedand impersonal. length try telling do, was less than a after the wa ratherthan face thefact that therereally are monsters in the 70 percent ofall murders committed in 1992were committed daughter raped year prisoner release, when he wouldhave still been worldwho can't always be identifiedbefore it's too late. Last with firearms. Clearly, the number of homicides would dein priso granted early week'srape ofthe 14-year-oldgirl in NorthBuffalo brought that crease if access to both gunsandbullets was restricted further. served his full sentence. While it's admirable thatpeople want to try andpreven Even if only two homicides were prevented as a result, the point home very clearly. ids from growingup to becomecriminals through so-calle Are we honestly supposed to believe that it's better to measure wouldbe justified. It's not a pretty thought to think that some people live to 'preventive programs" such as the ever-popular midnigh minimize a rapist's sentence rather than remove him from basketball, theadvocates are being disingenuous. These sam for as as When he out and long possible? gets rapes prey on others. It certainly doesn't build faith in a god or the society who out for more lenient treatment another inncoent are we to blame the cry wouldsing quit prison concept of universal justice. But, unfortunately, life is often people girl, supposed a different tune if it was theirhusbands, wives orlovedones wh or his for his conscious decision to system parents prey on the cruel and ugly. Once people face the harsh turth that some victimized. Then they would want to impose the longes innocent? Ifwe are honest with ourselves, we will realize that people are simply predators who will only bring pain and he, as well as many others, simply can't be rehabilitated short misery, thenperhaps wecan agree onpolicies that will lock up nee possible and throwaway thekey. Itcan' tbeboth way c harsher sentences are okay in some situations and no of using Orwellian thought control. repeat violent offenders for good and protect the innocent, Theadvocates ofrehabilitation and other "touchy feely " which is what the criminal law is supposed to do. okay in others. What these social-program lovers don't want to admit is concepts makethemistakeof assuming that these people don't Broadbent is theNewsEditor ofThe Opinion. offenders of Khad E ■ ;: Tell us your opinion! Tfyonhave an opinion onany thing published in our newspaper or on any current events topic that concerns thelaw school community, write TheOpinion. ;|| Letters to thecdi torare best when writtenas a part ofa dialogue|and must not be longer thantwo pages double-spaced. Perspectiv<ssaregenerallyopntonanicJesconc«amlngtopics of mleresttothelawschoof community andmustnotbelongerthanfonrpages double-spaced. A! 1 submissions are duetheFriday before:wepublish. Your submission m ustbe typed, doubled-spaced, and submitted on paper and on a computer disk;{lßM-WordPerfect 5.1 format). The Opinion reserves the right to edit any andall submissions for space as necessary and also for libelous contenUwe- will not publish any unsignedsubmissions. Sendvoui submissions :i,Mi_ <.ftk cor plact liu-tn ■ithvi liox K)oi 2*o, ' Deliberations, continuedfrom page 4 newspaper theautonomy itis guaranteedby the United States Constitution. According to thebudget report released by theSBA, The Opinionis allocatedsB,ooo at the beginning ofthe year. However, theSBA also requires TheOpinion to generate $8,000 of revenue for the SBA, according to the report. Thus, in essence, the amount is a short-term loan. Itis theSBA whobenefitsfrom the large loan, not The Opinion. The Opinion only sees money from the $8,000 if it fails to generate $8,000 in ad revenue. In reality, the "allocation" or loan only acts as a safety net. In fact. The Opinion wouldbenefit from a lower loan amount; by having its funds de- pend on ad revenue, the paper would have a greater incentive to seek out new advertisers. However, theSBA increased the loan amount to ensure thatit was paid back all the money it allocated to the newspaper. The Opinion is the only organization expected to repay all of its allocated funds. This budgetary process is arbitrary and capriciousand fundamentally unfair. And it acts to furtherrestri ct the newspaper' s freedom ofthe press. It is time that the SBA directors learn thatthe entire law school community benefits from a free press, while only del usional, power hungry, demagoguesbenefit from a restricted press. RESOLUTIQNTO AMEND THE SBACONSTITUTION TO GUARAKTEETHE FREEDOM OF THEPRESS WHEREAS: A fundamental aspect fooarcpricepi ofliberty is a free and unfettered press, and; WHEREAS: Therehavebeendocunientedattempts by theSiudentBar Associatlonduring past administrations tosanction thestudent'snewspaper, TheOpinion. because' ofits ed itonal conical, sad; WHEREAS: We view such sanctions as a dangerous and unjustified interferencewith the freedom of the press, and consequently a violation of ihe First Amendment to the United States Constitution. BE IT RESOLVED: Thatwe, IheBoard ofDirectors of theStudentßar Association, propose the following amendment to be ratified by the student body pursuant to Article Vlll §1 ,if tin. Constitution oftheStudent Bar Association of the University at Buffalo School of Law; Article IV § 1(a), ofsaid constitution, shall be amended lo include the following: "B, Pass noresolution abridging thefreedomof theprcss, orsanctioning the press in anyway for the exercise ofthat freedom." BEIT FURTHER RESOLVED: That an election will beheld as soon as practicable toprcsem this question to the student body pursuant to Article ViU §2 of the Constitutionof theStudentBar Association of the University at Buffalo School ofLaw: "Ain't Got No Respect": Modern Day GenderWars By DianeLorenc Mathers i name-calling, andhave everyone hating, abusA fundamental problem creating grief ing, and mistrusting eachother. between the sexes facing our generation today I guarantee that if every man and woman appears to be a gross lack of respect. One can were to lookeachother in theeye and see them ofcoursespeculate as to its origin: some blame as the unique individuals they truly are, each the "women's movement", others the "70's with his/her own pleasure and pain, it would sexual revolution." Regardless of its exact grieve us to treat eachotherlike garbage. The origin (however important and relevant), we militant feministwouldindubitableavail herare still left with theresidue which, as initially self more by being personable as opposed to i ntroduced, appears to be a fundamental lack of aggressively defensive (which inevitably respect and its myriad negativerepercussions. "turns off" the majority who are the ones who Womenlack respect for men due to prevneed to be listening)! The arrogant malewould alent sexist, chauvinist and male supremist avail himself more by sensitizing himself to attitudes, howeversubtle or blatant. Menlack women's issues, really investigating life in a respect for women as they reach societally profound way rather thanjudging things supermandated "roles"; for example, women who ficially. are as sexually free as men are "sluts" and Let us all agree to do away with name"whores"; women who are as ambitious and calling, labelling, intolerance, and defensivesuccessful as men are "aggressive bitches" ness, and replace it instead with humanity, who are "trying to be men"; conversely, dignity, integrity, and respect both for ourwomen who are not ambitious are "silly", selves, and eachother. A famous philosopher "frivolous", "bubbleheads." Amidst all of once said that indeed men (and women!) of this tensionand name-calling, it is interesting goodwill can disagree—but, ifwe do disagree to theorize how we can try to make peace let us all agree to do it in a way that is at best between the sexes. My theory is based upon constructiveand at worst, merely neutral—not (you got it) respect. crueland hurtful. The former shallre-ennoble A "supposedly" civilized society of us all, whereas the latter will only continue to mature adults assumes the possibility (howevdefileand shame us. er remote) of treating our fellow men and PEACE women as human beings and not as "enemies" or "refuse." The alternative of course Lorenc Mathers is a first-year law stuius to remain as spoiled children, stick with dent. Probing,TTimelyy y Controversial, Beer... Join TheOpinion! Law student wanted as an assistant to the Editor-in-Chief Those interested should drop a note in box 10. 5 �October 26, 1994 6 NEWS THE OPINION Survey of candidates for the Nov. 8 general election by MichaelKuzma, Reporter For those ofyou whomay be unfam il iar with the players in the upcoming general election on Nov. 8, the followingsurvey may helpyou become alittlebetter acquainted with the candidatesbefore you step into the booth. Governor For the Governor'srace, incumbent Democrat Mario M. Cuomo is facing a stiff challenge from Republican New York State Senator George E. Pataki. Pataki haspromised tax cuts, enactment ofthe death penalty and a tougher stance on crime whileCuomo has vetoed death penalty legislation for thelast 12yearsand prefers life imprisonment overcapitalpunishment. Cuomoalso believes that Pataki's lax cuts are unrealistic. Also running for Governor are: Thomas Golisano(Independence Fusion Party), Larry Lane(Socialist Workers Party), Robert T. Walsh (Right to Life Party), and Robert Schulz (Libertarian Party). Jimmy McMillan, a retired lelter carrier and Vietnam veteran from East Flatbush, is running for governor as a writein candidate. Attorney General For New YorkStateAttorney General, Democrat Karen S. Burstein is squaring off against Republican Dennis Vacco. Burstein believes the Attorney General is not a "superprosecutor." She believes that prosecuting criminals is the job of localDistrict Attorneys. If elected, Burstein would putthespotlightoncrime-likedomesticviolence-and help coordinateefforts tocombat and prevent it. Dennis Vaccobel ieves that combatingcrime is an important issue in the Attorney General'srace because, as the people's lawyer, the Attorney General has a responsibility to address and serve as an advocate on matters of public safety. Vacco is a formerUnited Slates Attorney for the Western District of New York and is the only endorsed candidate for Attorney General who supports the enactment of the death penalty as a tool to fight crime in thestate. Also running are James M. Hartman (Independence Fusion Party), Nancy H. Rosenstock (SWP), Alfred J. Skidmore (Right to Life), and Daniel A. Conti, Jr. State Comptroller Democratic incumbent, H. Carl McCall is being challenged by Republican Herbert I. London for the position of Comptroller, the chief fiscal officerofNew YorkState. Amongotherthings, the Comptroller is responsible for governmental financial oversight and pension fund management and directs department activities relating to cash management, statedebt and investment. Laureen A. Oliver (Independence Fusion Party), Brock Salter (SWP) andRichard L. Geyer (Libertarian) are also vying for theoffice. United StatesSenate In the United States Senate, Democratic incumbent DanielPatrick Moynihanis being challenged by Republican challengerBernadetteCastro. Senator Moynihan, who was first elected to theSenate in 1976, is thecurrent Chairman of the Senate Committee on Finance and is the only person in American history to serve intbursuccessive administrations. He recently proposed to imposehigh taxes on bullets to help reduce crime and also supported the assau It weaponsban in the crime act. Castro is a memberoftheTax Cut Now Party and is President and ChiefExecutive Officer of Castro Realty Corporation. Also running for theseat are NaomiL. Crane (SWP), Norma Siegel (Libertarian) and Ismael Betancourt, Jr. U.S. HouseofRepresentatives Erie County isbroken into three Congressional Districts, numbered, 27, 29 and 30. District 27 Republican incumbentBill Paxon will face off against William A. Long, Jr. Paxon was first elected to Congress in 1988. Paxon believes that candidates should be required to raise 50 percent of all contributionsfrom withintheirdistricts. He also recently opposed the assault weapons ban. Long supports a $1 per registered voterspending limit and further limitson special interestcontributions. District 29 Democrat incumbentJohn J.LaFalce is facingachallengefrom Republican WilliamE. Miller, Jr. LaFalce was first elected to the House in 1974 and is Chair of the Small Business Committee. LaFalce supports public financing for Houseand Senate races as is now done in Presidential elections and supports fulldisclosureofcampaign contributions and other financial matters. Miller supports term limits. He does not accept special interest PAC money and intends to sponsor legislation tooutlaw directcontribulions from PACs to federal candidates if elected.. Right toLife candidate Patrick Murty is also running for the House seat. District 30 Democratic challenger David A. Franczyk squares off against Republican incumbent Jack Quinn. Quinn was first elected to Congress in 1992. Quinn received an "A" from Ross Perot's UnitedWe Stand Organization forhis votingrecord. Quinn supports the lineitem veto, balanced budget amendment, and term limits. Franczyk proposes to roll back heavy, regressive federal taxes on working and middle income people. He also supports strict campaign spending limits. StateSenate There are four Senatorial Districts in the County ofErie. District 57 Democrat Anthony R. Nanula is facing Republican candidate Jeffrey D.Williams. District 58 Demccratic incumbentWilliamT.Stachowski is facing off against Republican Roger Heymanowski. District 59 Democrat James J. Kelleher is challenging Republican incumbentDale M. Volker. Volkerhas served in the Senate since 1975. Throughout his career, hehasbeen an advocateof stronger criminal lawsand hasbeen themainproponent for enacting the deathpenalty in New York. Since 1987,Volker has served as the Chairperson of the Standing Committee on Codes, which involves having responsibility for formulating criminal justicepolicy for theSenate and New York. Kelleher is a local attorney and businessman who believes that voters should be given the opportunity to decide whether or not they want casino gambling through a public referendum. District 60 Democrat Charles E. Eaton is facing Republicanincumbent Mary Lou Rath, whohas held the seat since 1993. Eaton is an administrative assistant with theErie County Legislature. State Assembly There are nineNew York Assembly scats up for grabs. District 140 Democratic incumbent RobinSchimminger is being challenged by Republican Timothy J. Scanlon. District 141 Democratic incumbentArthur O.Eve is running againstRepublican Michael A. Woolford. District 142 Democrat Joseph A. Montana, Jr. is facing Republican incumbent Richard R. Anderson. District 143 Democratic incumbentPaul A. Tokasz is up against Republican Gene F. Rossano. District 144 Democrat incumbentSam Hoyt squaresoff against Republican MatthewRyan. District 145 Democratic incumbentRichard J. Keane is beingopposed byRepublican Robert J.Lichtenthal, Jr. District 146 Democratic incumbentFrancis J.Pordumis being challenged by Republican MichaelK. Mosey. District 147 Republican incumbentTom Reynolds, who was first elected to the Assembly in 1988, is running unopposed. District 148 Republican Sandra Lee Wirlh is running against Democrat G. Steven Pigeon. Wirth presently serves in the Eric CountyLegislature, while heropponent, Pigeon, is a UBLaw alumnusand a practicing attorney. Erie County proposition one This proposition, if approved by the voters, would permit asimple majority ol'the EricCounly Legislature to extend the extra one-percent tax, changing the current requirement of the approval of three-fourths of the legislature. Due lospace constraints, thisarticle can only provides a briefsurvey ol'thecandidates running for the various offices. Students interested in learning more about the candidates may obtain information from the League ofWomen Voters, a non-partisan organization working to promote political responsibility through informed and active participation ofcitizens in government. The local office of the League of Women Voters is located at 875 Elmwood Avenue at Lafayette, Buffalo, N.Y., 14222-1488. The office can be reachedal(7l6)BB4-3550. TheLeaguepublishes two very useful guides for voters, Electionßulletin and Facts For Voters. These publications are available at most publiclibrariesormaybeoblained directly from theLeague. Remember to vote: Election Day isNov. 8 Polls are openfrom 6 a.m. to 9 p.m. ATTENTION STUDENTS Deadline ! The BAR/BRI fall semester discount ends on Tuesday, November 1 Last chance to secure your lowest tuition! BAR REVIEW �FEATURES October 26, 1994 THE OPINION 7 Who's who? UB Law third-year Susan Fox named 'outstanding law student of the year 9 By DiannaL. Ramos, Reporter youngerr ox a key to the town. "They had a beautiful ceremony where theypresented Susan with a lovely plaque and a key to thetown," theelder Ki-year law studentSusanFox is B law student ever to be voted 's "Outstanding Law Student OfThe Year." The award is presented oncea year by Who's WhoAmong American Law Students. whohas hadboth ofher kidneys ved, was selected earlier this year a pool of approximately 350 law students nationwide. The Who's Who award, the pinnacle of law school academic awards, is given out to students whohave achievedacademic excellence despite prohibitive factors. Fox, 31, was nominatedby Phi Alpha Delta. "The award is based on a person's ability to overcome adversity in their life," Fox said. "I was originally diagnosed with kidney disease at 14."Foxsaid. Shewas originallytoldby doctors that her kidneys wouldlast at least another 20or 30 years, but she sufferedkidney failure fouryears h later. "I was forced home for treatment just a week after I went off to West Virginia to attend college," Fox said. "By the time I was 19, I hadboth kidneys removed." When asked how thishas affected her life, Fox casually remarked thatshehas tohavedialysisthree timesaweek inorder to survive. Shegets treated downtown at a private clinic. friend third-yearlaw student Sally Broad, said that Fox is modest and unpretentious. "The fact that [it wasSusan's mother] that told you that Susan received a key to the town and not Sue herself is really §Fox, SusanFox,3L over her is all about. I have been doing this so longI don'treally see this as being extraordinary. This seems perfectly natural to me; if you want to become an attorney, you have to set your goals and then be determined to make them hap- pen." According to Fox's mother, Doris, the younger Fox didn't always feel this optimistic or deabout life. There was a time /hen Susan was very ick, so sick that we lmost lost her; we idn't think she would live past 20 years old but hereshe is at 31 doing fine." elder Fox utesherdaughrer s success, inpart, to her daughterbecoming more involved inschool. "It seemedthe more active she becarhe, the healthier she got." When asked how shefelt abouther daughter's award, theelder Fox said, "I couldn't be prouder of Susan." Fox's mother added that thecouncil members of Clarence [their home townj gave the "...ifyou want to become an attorney,you have to set your goals , and then be determined to make them happen." — EacfttfeatmeflMasts%proxiraatelyfour hours. "I use the 12 hours that I'm hooked up to 'the machine' to study or get my reading done," Fox said. She is unclear as to what the fuss Susan Fox ' Ijrmined PThe - no surprise. That's thewaysheis. Susan is one of the most ready on dialysis, her mother said. To enhance her chances for long term survival, Fox is involved in an organ transplant program. "I have been called twice with news of available kidneys, unfortunately, though, there was no "...she's an example to others of what can be accomplished in spite ofbeing chronically ill." ~ Sally Broad unassumingpeople I have ever met." > Broad, who also is a health care professional, thinksthatFox hasbeen an inspiration to everyone around her, including other patients at the dialysis "People who are chronically ill have a tendency to get depressed and to develop a 'poor me' attitude," Broad said. "Sue really cares about people and will cheer the patients up by giving them pep talks. Plus the fact that she's an example to othersof what can be accomplished in spite of being chronically ill." Broad said that having a goal has helped Sue overcome theobstacles inher life. "She has really beaten the odds," she said. "She is one of the few people I knowwho hassurvived withoutkidneys for this long. Sue has taken good care of herselfandher healthand that has played a major role in her ability to stay alive. "All of us are incredibly proud of Fox and herfamily are acutely aware thatshe hasbeaten the odds. "We don't know how long she can live withoutkidneys, but she has survived 14 years al- match," she said. After graduation this coming May, Fox is looking for a job where she can use her experiences to help others. "I am interested in disability law since there are so many people who don't get the legal representation they need or deserve," Fox said. Broad agreed, "Susan would make an excellent employee. She wouldbring to the job her unique perspective on the needs of the disabled." Besides spending 12 hours a week for treatment and carrying a fullacademic load, Fox has found ti me for volunteer work at theNationalKidney Foundation. "I'm very concerned that people become more aware of theneed for organ donation," Fox said. "Recent changes in the lawshouldmakepeople more inclined to talk to theirfamilies about theirdesire to 1 The changes include a general inclination to ignore a person's wishes to donate their organs. "People are under the impression that signing an organ donation card or a signature on the back of a driver's license will be enough to guarantee that their wishes are carried out. However, that's not the case," she said. "It is entirely possible for a doctor of family member to simply ignore that information.That's why it'simportant to stress to yourfamily your wish to donate your organs." GroupSpotlight: TheFederalist Society Society strives to showcase what's right at UB Law by Evan Baranoff Editor-in -Chief The goal oftheFederalist Society is to make people aware of"the otherside" of the issue, according to the UB Law chapter president Joseph Broadbent. The Federalist Society is a national groupoflawyers,judgesandlaw students interested in the current state of the legal order, according to Broadbent. The national organization hasabout 5,000 members and 130lawschool chapters. TheUß Law chapter was founded in 1985. Besides Broadbent, theotherofficers ofthe UB Law chapter for this year are Sarah Virkler, vice-president; Andrew Marx, FEATURES secretary; and Mark Urbanski, treasurer. Broadbent said the group "seeks to promote and advance the principles of the Federalist Society and to encourage thought on legal issues." According to Broadbent, the Society \s main principles are: (1) The state exists topreserve freedom; (2) The separationofpowers is central to the Constitution; (3) The duty of the judiciary is to say whatthe law is, not whatit shouldbe; (4) The constitutional structure doesn't contemplate the judiciary making law, thereby ignoring the principle of representative government. He said some events planned for this year include a series of debates on constitutional issues, including next month's First Amendmentdebate as well as debates on gun control and the death penalty, speakers on judicial restraint, and the publication of The Federalist Paper, thenewsletterfor thestudent chapter. In addition, members will have the opportunity to attend the annual student convention to be held inChicago in 1995 at a reduced cost. "The Society places a premium on both individual liberty and the rule of law"Broadbent said, "which means that judges should follow the law and not twist it in order to judicially legislate theirownpersonal viewpoints andagendas." Broadbent added that the Society also "seeks to enhance the intellectual atmosphere at the nation'slaw schools as well as promote awareness of legal issues by fostering debate and thought among studentsandacademics at the law school level through debates, speakers and discussionsof the issues important to the legal community." make law. Most law schools teach stuVirkler statedthat she wants to disdents that the law should be judicially pel thestereotype that theSociety is only manipulated to conform to one's needs when the only viable way to make law is open to white, conservative men. The Society recently publicized through the properlegislative process." Constitution Day on Sept. 17to increase While the Society fosters a conserawareness ofthe day when theConstituvative and libertarian point-of-view, he tionwas signedand to encouragestudents saidit encourages independent, intellecto read theConstitution. Broadbent said tual thought and meaningful debate on that "it's a sad fact that in ÜB's Constiimportant legal issues from all political tutionalLaw classes, the Constitution is and legalpoints-of-view so that students read from fewer than five times per secan think about both sides of an issue mester and rarely, if ever, are the Federrather than the often one-sided view alist Papers, the premier statement of taught by theirprofessors. what the Constitution is about, even reFor more information about theFedferred to, much lessread. That is intolereralist Society, contact Broadbent, at able for a class that professes to be about box 581. "The Society places a premium on both individual liberty and the rule oflaw, which means that judges shouldfollow the law and not twist it in order tojudicially legislate their own personal viewpoints and agendas." —Joseph Broadbent the Constitution." He added that "students are taught as if the only law they should bother to know are contained in court opinions, as ifsuchjudicial activism and disregardof thewrittenlaw wasan appropriate way to "If any of our principles appeal to you or if you just desire a meaningful, intellectual debate about legal issues," he said, "express yourinterest by leaving a note in Box 581 or, better yet, come to a Society meeting." �THE OPINION 8 Roami Photogrnagpher The FEATURES October 26, 1994 Rmeo andoM by DcMdS, Leone byMolly Kocialski, Assistant.PhotoEditor This week's question is. .. What was your impression ofthe Clothesline? Jessica Murphy, IL " Visualpresentations always pack an incredible rhetoricalpunch. Not only does this inform everyone around, but it focuses attention on the pain too." WilfredAnigeku, IL "It's great. You can't have anything better to increase awareness than what is shown here. It brings home that domestic violence is still out there." Suddenly, the court's so called "Reasonable Man" did something quite unexpected, hence the Lenora Foote, IL directed verdict. "/ thought it was a great way to helppeople who are experiencing domestic violence in their lives to getencouragement and strength to get out of the situation andreach outfor help. " * <>M M -«<•» ■ .->�i CROSSW RD® Crossword ACROSS 1 Monkeyshine 6 Withhold Ihe tip 11 Bother 14 Domino plays permissive 17 Why did Fitzgerald sing "mi," Holmes? 19 Mr. Adams "Ithought the Clothesline was great forpeople's awareness of domestic violence in this country. I think it's sick why the government doesn 't do more to stop thiskind ofviolence from occurring andpunish those who commit it. " and (sos TV show) 20 Gives the 21 23 25 26 29 once-over Villagers Slum problem Nuts Workout spot Jersey bouncers? 31 Zoo attractions 34 Feel busy 35 Stretched out loosely 37 Alcohol burner 38 Featured PaulAntonowicz, 2L players "/ thought someone had openeda laundry business and asked about ' p p Until next time. .. Friday 40 68 Pieces of 28 How do the eights? 41 Imposing sheep get into group 69 Inhibit the pen, DOWN 42 Ne plus ultra Holmes? 43 Go back to 1 Cheta.br one 30 Certain page one servicewomen 2 Guitarist 45 Lines Lofgren 32 Hitting overhead 3 Address cylinders 46 Pre-election 33 Authority 4 The bombs event 36 Make a bursting 48 Ponzi scheme, _." decision e.g. 5 Issues orders 39 Gave a hand 49 Hold on Tight" 6 Little, to a 41 Came clean band lassie 43 Does some 50 "I Still See 7 Dyeing wish cobbling "(Paint 8 Following 44 Biblical brother Your Wagon along 47 Torrent of tune) 9 Bird or Barkley abuse 52 Speaker of 10 Dressing type 51 Young, Ladd diamond fame 11 Where did this and King 54 Holds in check fruit come 53 Easily-split 57 Different from, Holmes? rock 60 Gallery display 12 Humorist 54 Summer place 61 Is this in the Barry 55 Voiced 13 Babe's style of a 56 A foe ofPan's devilfish, buddies 58 Q.E.D. middle Holmes? 18 Artificial-fabric 59 Have value 64 Spanish sea component 62 Stomach 65 SarinCygnus 22 Mogul master musdes, for 66 Raise Ihe 24 It's often set short spirits Bar 26 food 63 " dam 67 Persevere at tootinT 27 King or queen F p HP p p p p°~~WM" I' 2 113I13 I™ ZZZZZiZZZZZizZ -1 ■p5 Hp 22 ■p prices; but the only -response wasa confused look. ...Then I realized what the Clothesline was for and thought that it was a really effective and unique way to raise awareness ofa very serious problem. " -* Edited by Stan Chess Puzzle Created by Richard Silvestri it 15 Bush-league 16 Over- Andrew Roth, IL r i 26 HJHJ 27 H?5 35 35 ■■■45 & 5< 60 S~ HJ37 33 WM" Br 47 46 32 —H l5 H55 55 is Ui 63 64 Hes Lb 6? HoB He9 66 C 1992 Crossword Magazine Inc. Box 909 ■ Bellmore. NY 11710 • (516) 679 8608 See answer nat?e S F 11 �October 26, 1994 FEATURES THE OPINION 9 Stream ofUnconsciousness By Sam Chi Features Editor The Pm-too-short to look into my mailbox blues They come in all shapes, colors and sizes. They dot our buildingscapes and litter the walls. Sometimes they're big, ostentatious, official-looking metal things; sometimes they're nothing more than a hole in a wall. Yep, in a building near you, them mailboxes is all over these United States. In case you haven't noticed, there's a wall full over on the third floorofO'Brian. Every lawstudent, at sometime in theirschooling, peers into themurky depths to see that they got every last random, sheet, flyer, gob of cheez-whiz, whatever. Every law student but me. I haveyet to see theinside ofmy mailbox. Okay.soit'snothingglamorous, justacoupleofpiecesof wood for sidesand a cardboardbottom that keeps my mail from vaporizing into oblivion. But still, I'dlike to look inside. I mean, it is my space, my little crevice in the world, assigned to me for the whole entire year, maybe even three. Now I must accept that I'm destined never to see into, never fully experience my mailbox. Ijusthavetofaceit, I'm...short. mailbox is the second from the My It's top. justbarely within my grasp. Not only do I have to worry about school work going over my head, I have to worry about my mail too. I don't even know if ever I've all got my mail.There maybe a little 3)l(dpjB SOUfJIjiY& I stray sheet hiding and taunting me, gleefully laughing and boasting to all his flat buddies about his daring evasion. "Yeah, I duped that short guy by pretending to be a piece of cardboard." Even though it seems to be just that comes out, I see thelookof junk joy on thefaces of my friends who can see into their boxes. Upon seeing mail, theirfaces brighten. For abrief, shinning split-second theirfaces are plastered with a foolish grin. It's kinda likeChristmas morning, only a lot shorter. For me it's more like spilling ketchup on myself,justnot as messy. I' mforced into thescandaloustaskof sticking my hand in and probing aroundfor my mail. Sometimes I use my right hand, sometimes my left. Once in while I use both just to be sure. Every time I check my mail, I remember back when I was little; back when my mom kept telling me not to put my hands whereI couldn't see them. I guess I was a naughty kid. But even when I stretchand strain, I can'treach in more than inchor two. For all I know, therecouldbeevil lint balls lurking justout ofreach, planning to do me in. : At times I even hop, and try to catch a glimpse of what I'm missing. But I have to admit, in my experience I've discovered an important truth. Tall people are useful for something other thanweatherreports and changing lightbulbs on the ceiling. Okay, so tall people have problems too. A few of my tallerfriends complain that their mailboxes are too low for them. Theycomplainfhat they have to stoop to see into them. I have nosympathy for them. At least they don'tmake a spectacle ofthemselves every time they check their mail. I wonder if others before me suffered the same fate. Perhaps if Napoleon hadbeen able to look i n his mail box, Waterloo wouldhavebeen different. It must have been real tough for him. After all, he could reachin with only one hand, theother was stuck in his shirt. Perhaps he missed the flyer from Wellington? That would have been a real bummer. I don'tknow why peering into my mailboxhas suchallure. I guess it's a bit thrilling, kinda like going wherenoone'sgonebefore. It'slike climbing mountains just because they are there. Anyway, if youever see a short law student holding a can of cheezwhiz and hopping like a frog in front of the mailboxes, you'll know it's me. Just smile, say hello and if you're tall, take a peek? FREE MPRE LECTURE Presented by STANLEY D. CHESS President, BAR/BRI Bar Review More people take BAR/BRI than all other bar review courses combined. And more people take BAR/BRl's course on the Multistate Professional Responsibility Exam (MPRE). For all second- and third-year students currently enrolled in law school and enrolled in the BAR/BRI bar review for New York, New Jersey or any New England state, all you need do to take the MPRE course is complete an MPRE course application.No additional money beyond your $75 bar review course registration fee need be paid. For non-BAR/BRI students, the cost of the MPRE course is $75. mmmt BAR REVIEW Date: • OU>l *% • •k. l fe. |^ t m fV|flt# m \ ™ \J lIHIBS I • I #jl* jJL J •v* l ll^fI m m PlaCG* f\DOM3o& The Nation's Largest and Most Successful Bar Review 1500 Broadway, New York, NY 10036• (800) 472-8899 20 Park Plaza, Suite 931, Boston, MA 02116 • (800) 866-7277 ■■■^■^■■■■■■■■■■■■■■■l I^^^^^^^^_^^_^^^__^^^^__ �NEWS October 26, 1994 10 BRIEFS SBA meeting postponed until Nov. 1 The SBA announced that the meeting which was scheduled for Oct. 25 has been postponed until Nov. 1 at 5:05 p.m. in Room 207. SBA TreasurerElizabeth Jewett said that thepostponement was madebecause ofcommitments many oftheclass directorshad to Moot Courtand thePolish Exchange Program. The SBA will continue to meet bi-weekly after theNov. 1 meeting. Seats on SBA committees available The StudentBar Associationannounced that they are looking for volunteers to serve on two recently-formed committees. The first commitee, to be headed by 2L Emilia Chernyavsky, wouldassist the SBA in obtaining new furnitureand otherfurnishings for the first floor lounge. Anyone interestedin serving on this committee should dropby the SBA office or put a note in box 42. The second commitee, to be headedby 1LVeronica Rodriguez, would organize a semi-formal sponsored by the SBA, whichis tentatively scheduled for early next semester. Anyone interested in serving on this commitee should dropby theSBA office leave a note in box 789. Human Rights week coming up The focus of this year's Human Rights/ International Law week will be to increase awareness of human rights issues and to mobilize support for international law in general, according to a press release issuedby the Graduate Group on InternationalLaw and Human Rights. A series of events have been scheduled to take place throughout Human Rights week, which will be heldfrom Thursday, Nov. 3 through Friday, Nov. 11. Suchactivities will include a free showing of "In the Name of theFather on Tuesday,Nov. 8 atBp.m.;apanel discussion given by law studentswho have workedabroad on Wednesday, Nov. 9;and a community awareness event on Friday, Nov. 11. Additionally, onNov. 3, there will also be a lecture by Professor ChristineChinkin on "Sources of International Law: Entrenchment of Male Perspectives" and a discussion on "Impunity" by ProfessorPablo De Greiff. A Coalition for InternationalLaw and Human Rights hasalsobeen established to coordinate and promote events. Anyone interested in becoming involvedin theweek's activitiesshouldcontactthe Graduate Group assistants, Gina DiGioia, Bruce Karpati, or David Hastings at 645-6184orstopby room 408ofO'BrianHall. State legislature approves Earlier this year, theNew York Legislature approved a proposed amendment to the U.S. Constitution that wouldprohibit defacement or mutilation of the American flag. The proposed amendment is in.response to the Supreme Court's decisions in Texas v. Johnson and United States v. Eichman. which struck down a state and federal law prohibiting flag desecration. The proposed amendmentwouldneed to be submittedto Congress by 34 states and thenratified by 37 state legislatures before it could become the 27th Amendment to the Constitution. researchedby JosephBroadbent, News Editor — — ! Point ofInformation \ the Spring semester? materials be available on Wednesday, A: Pre-registration will 2, 3, for on Nov. for second-years; and on Nov. third-years; Thursday, 14,for Nov. to Monday, first-years, according a memorandumreleased 10. byA&RonOct. Third-years can return their completed forms beginning Tues. Nov. 8 throughThur. Nov. 10,and can pick up schedulecards on Wed. Nov. 16. Thirdyears must make sure that they have a $0 balance with Student Accounts by Friday Nov. 11. Second-years must have a $0 balance with Student Accounts by Mon. Nov. 21, andean check the class status list onTues. Nov. 15. They can return completed forms to A&R (andhope they pick a low number) starting Thurs. Nov. 17. First-years do not have to worry about choosing classes or lottery numbers. They can return completed forms (the great scheduler has already selectedyour courses) on Mon. Nov 21, must have aso balance at Student Accountsby Nov. 28,andean pick up schedulecards on Mon. Dec. 5. The last day to register for classes before a latefee is assessed is Tuesday Dec. 6. Drop/Add begins on Thurs. Jan. 5 at 8:45 am. Those of us in Florida (and missing that cold, miserable, snowy, etc. Buffalo January weather) will have to have a representative do the drop/add thing for us. Ifyou don'thave any friends left in Buffalo, don't worry. Drop/Add continues toFri. Jan 20. By the way, makesure you get back to Buffalo by Mon. Jan. 9, the first day of classes. Place your questions in box #280 c/o Peter Zummo, Managing Editor. Write us because inquiring law students want toknow! Q: When is pre-regislration for "Quote" of the Week "I wan ted to pre-empt The Opinion from being used by any activist group as a means ofpursu ing its agenda. " — Gil Michel-Garcia, first-year class director THE OPINION New domestic violence law discussed at awards luncheon by Kelly Byrd, Reporter UB Law and the UB Alumni Association Saturday hosted the 19th Annual Alumni Convocation and JaeckleAward Luncheon. The topic of the morning's discussion was the new Family Protection andDomestic Violence Intervention Act of 1994. Jaeckle A wardwinners AmoldB. Gardner (I) andSen. Dale M. Volker (r) An eight-member panel presented differing viewpoints on the between criminal and family court ety simply isn't able to solve the problems of domestic violenceand for prosecution oftheoffender w i thin problem alone. The second half of the day the long awaited remedies brought 72 hours of the complaint. The vicmarked the awarding ofthe highest bythisnewlaw. Oneoftheprinciple tim now has a choice between fohonortheUB Law Alumni Associaauthors of the bill, New York State rums and, at the prosecutors discreSenator Stephen N. Saland, explained tion, can use both courts i fnecessary. tioncanbestow, theJaeckle Awards. The selection criteria for the award Regarding the actual implethat thebill hadbeen in theworks for almost two years. He was concerned mentation of the law, Erie County includes significant contributions to that children who witness domestic District AttorneyKevin Dillon said, theUBLaw School, theState ofNew violence are all too likely to become "We are going to make this statute York, and the legal profession. UB the abusers or victims later in life. workforErie County." Hehas asked President Griener presented the "We're trying to create a more for an extra $200,000 in his budget to awards to Arnold B. GardnerandSen. proactive program," Saland said. set up a new domestic violence task Dale M. Volker. Gardnerreceived a bachelor's "The mandatory arrest component force so that victims are less likely degree from UB in 1950 and a law (is designed to) take thevictim out of to fall between the cracks of an already overworked system. degree from HarvardLaw School in the loop." Anthony Colucci, representing 1953.Aprivate attorney anda senior Mandatory arrest will take partner at Kavi noky and Cook, hehas away most police discretion about the firm ofBlock and Colucci, comserved on the governing board of the when to merely diffuse a situation mentedlater onthe history of domesreaffirmed State University of New York since theneed and when to actually arrest a suspect tic violence. He 1980. for more affirmative action in modHehashelpedtheSUNYsysfor domesticviolence. Now, all.sustem in securing funding for quality pects of a certain severity of abuse ern times as he pointed out that domestic violence is not a new social education as chair of the Budget must be arrested. problem. Years ago, hesaid, Buffalo Committee and as vice-chair of the "Battered women face formidable obstacles to leaving the home," had smaller communitites which board. Volker, a New York state sensaid UB Law professor, Charles P. were more closely knit. Ifspousal Ewing. "Senator Saland's bill is a abuse went on, it could usually be ator, graduated from UB Law in 1966. He has served as chairman of monitoredby the neighborhood and landmark." families of victims. Colucci said the Senate Subcommittee on AlcoThe protection afforded by the that we need this of holism and is an expert on criminal type legislation new law also repeals the previous more than ever because socijustice issues. requirement that thevictim choose today Security to be increased at UB by JosephBroadbent, result oflast Wednesday' 14-year-old girl in Nort P yasuspectwhoseM.O.ha beenlinked to Buffalo'sserial rapist security will beincreased aroundU and the Ellicott Creek bike pat whereLinda Yalem was raped an< killed in 1990. Many law enforcement officials are convinced that Wednes day's attack was by the same person suspected of eight rapes, includin Yalem's. Buffalo Police Commissione Gil Kerlikowski declaredthat "every single resource" is being devot- Economics, Ed to catching the suspect. UB Public Safety and the Amherst Police Department have confirmed that "extra precautions" are being made in regards to the bike path, part of whichis under the jointjurisdiction of ÜBandtheTownofAmherst. Both agencies declined to give details of theprecautions, notwantingto tipoff the suspect, but will be working together to help protect students and attempt to apprehend the suspect. The six victims whodescribed their attacker described him as a white male, between 25 and4o years old, short-to-medium height, with dark hair, a moustache and thick eyebrows. It should be noted that these descriptions were given four years ago, so the suspect may have changed his appearance since then. Both the Buffalo and the Amherst Police Departments haveestablished hotlines for information regarding the case. The Amherst hotline is 689-1390 and the Buffalo hotline is 847-2255. Anyone withinformation that might help catch the suspect is encouraged to call. Some information reported in this article was obtained from The Spectrum's article in the Oct. 24 issue. continuedfrompage one also be made available in the some of the space being reclaimed by the law school. Details as to what groups will go into the new space have not yet been established. SBAPresi dentBen Dwyer stated that "it is theSBA's position that a substantial amount ofthe freed up officespace in O'Brian shouldgo to student groups." Expressing confidence thatthe SBAand thelaw school administration will beable to work together to ensure thatstudent groups get "a fair shareofthe new space," Dwyer continued, "studentshave patiently enduredcrowdedand inadequate office space foralongtime. Iknowthelaw school administration appreciates this." Asked as to how space will be allocated to student groups, Dwyer said "priority will be given to those groups who are the most active and who provide the greatest service to the school and the community." The exact details of the move are known at this point only to Scan Sullivan ofthe OfficeoftheProvost. Sullivan was unable to be reached for comment by this issue's deadline. Clothesline, continuedfrompage one home the message that domestic violence affects students that they know and see every day, which was the ideabehind the project. The Clothesline Project was just one oftheTask Force's activities this year focusing on domestic violence. The groupconducts ongoingfund-raising efforts to raise money for things such as reimbursing membersfor parking fees whenthey accompany victims of domestic vi- olence to court and Tuesday night clinicswith the Volunteer Lawyers' Project. Pratt stated that half of the money the Task Force raises goes to Haven House, a shelter for battered women. In addition to money donations, thegroup also collects goods such as craft items, women's and children's clothing, diapers and deodorantwhich government funding doesn't usually cover. Donations are accepted anytimeat theTask Force's Room 602 officeand volunteers are always needed. TheTaskForce has a number of other events and activities planned for this year, including bagel sales, lunches, speakers, and a play entitled "Father Knows Best," which will be about domesticviolenceand which will be followed by a panel discussion. �THEOPINION October 26,1994 WEDNESDAY. OCTOBER 26 Deadline: Applications for positions on FacultyStudent Committees are due in the SBA office, room 101, today. Stop by the SBA to see what positions are available. - SATURDAY, OCTOBER 29 12:30 p.m. Desmond Moot Court Final Round: Open to all. Come on down to the Erie county Court Building on Delaware Aye. to see the finalists of the competition battle it out before local judges. The action begins at 12:30 p.m. in Part six of the Erie County Supreme Court. - THURSDAY. OCTOBER 27 i today. 2:00 p.m. Presentation "Citizen Action and Saving the Woods": Bob Bassin swings through U.B. on his east coast tour to present the story behind the Sulphur Passage Project to save Clayoquot Sound in Canada. Faculty Lounge, 545 O'Brian Hall. All are invited to attend. WEDNESDAY. OCTOBER 26 6:00 p.m. & 8:00 p.m. Desmond: Preliminary rounds for Desmond Moot Court Competition continue. Time & Place TBA Desmond: Happy Hour for competitors, judges, clerks and the Board. If you have any questions stop by the Moot Court office, room 11 in the basement, or slip FRIDAY. OCTOBER 28 Deadline: If you do not wish information about your address, box number and/or phone number printed in the P.A.D. Student Directory, be sure to drop P.A.D. a note letting them know what not to print. Slips are due in the P.A.D. box at the end of the student mailboxes by . ATTENTION: . Save your chalk. Advertise your meetings and events on The Opinion's "Docket" page! - ... , .. POSITIONS AVAILABLE . . , , , , ... ... _~"„_••, _....., si,like,nthejoin,? Excuses don t produce results, -da chief ■ Ifvou'rereading this, thank you. theanti -establishment Frtnchy who, -- , mQQ mQQ „ ■■■■■■■■■■■■«■■■■■ Faculty-StudentCommittee Applications are available in theSBA office 101 O'Brian for thefollowing61positions: " ' INcXI ' ' Academic Policy & Programs (3 Positions) AcademicStandards & Standing (3Positions) Admissions(4Positions) Appointments(2 Positions) codeofconduct(2Positions) Faculty Student Relations Board (3 Positions) Law Library (1 Position) Mitcheiiucture(ip«ition) Law School Plann ing (2 Positions) special Needs (3 Positions) Special Programs (3 Positions) v ISSjUC. O. L> OV. Z*. Submission Deadline: NOV. 4 I """"""""""'""""""" Budget & Program Rev iew(3 Posit ions) j CrosswordAnswer! uiffls^jgoi p±an°lm±n° rMT a x , ■ ia^Sillfflii ?|(Mf fBPIMTiTo AirfcjjmgiiiHAs In addition to theabove committees, positions are available on thefollowing non -LawSchool Committees AS.M £| re re a dWe l s ■ ■ 1111 *Ji "r EX i. I■■ Recreation and Intramural Services Board Student Health Advisory Committee |P|L|y6|s|sjEjsaD||milal intheoffice,i«oiil?M , . m can be purchased at the Ticket office m the University ■ ~,t\ Sam anaLen: Iheli\t is in! , ./j, 1} Ice. II s warmaitun here ana the women donI rive me attitude. I m stavm ! big «r» Ivt gotmys7.W; who do Isee to gelmy Flaming Bull Weasel ? NOV. 16 . First Amendment Debate (postponed from an earlier date)J vB Attorney ON FACULTY-STUDENT COMMITTEE meeting Thursday at 3:30 p.m. :— *v,. ~w:~~ ~~~—~ T\A in the onice, room 724. j. upcoming events: November i ■ Mandatory Editorial Board _~ 3 . . PllllOn .. ■ , 4:30 p m Resume Small Group workshop: Remember to Vote! 4.39 p.m. Resume Small Group Workshop: Attorney and UB alum Christina Agola will conduct small group workshops. Bring your old resume or a draft of your ideas. Enrollment is limited to 20 people so you must preregister in the CDO. Room TBA. by BAR/BRI. Tuesday. I liC \J mmmmmm »■■■"■■"■■■"■■■■■~«—i^mmh Optional Reporters\Photographers , 4 meetingThursdayat4:3op.m. . 6:00 am 9.QQ p m Election Day Polls Open: Public Interest Week: If you're interested in sPendinB y°ur summer working at a public practice/ public interest setting, watch for details of CDO programs during this week. *» * TUESDAY. NOVEMBER 8 Time TBA Halloween Party: Party to be held at The Steer (on Main Street). Free food and beer. Prizes for best mqnpay. October 31 Events between Nov. 21 and Dec. 6 will be published in our pre-Thanksgiving issue. Submtsstons are dueNov. 18. Events that will take place after Dec 6 (including final week) and events that will take place early next semester will be published in our final issue: Dec. 6. Submissions are due Dec. 2. Place all Submissions in box 10. Please , , , ~ name of, a include with your submissions the contact person and their box number and phone number. We look forward to hearing about your events! FRIDAY. NOVEMBER 4 Deadline: The NAPIL Fellowships for Equal Justice applications are due today in CDO. Thursday. November Events between Nov ' 8 and Nov.' 21 will be rpublished in our Nov. 8 issue. Submissions are due Nov. 4. 5.39 pm g.30 p m UB Law School Alumni Student Happy Hour Mixer: The SBA is taking care of the food and drinks wiu be at a reducec i pr jce; but bring cash because Garcia's isn't taking American Express. 4:00 p.m. Resume Writing Lecture: An open lecture will be held in room 106 to give an overview of the resume's function and structure. No pre-registration is required and everyone is encouraged to attend. costumes. Sponsored T AW CROUPS'" 7:00 p.m. Sports Law Speaker: The Buffalo Sports and Entertainment Law Society presents Mike Gentile, Esq. There will be a reception at 6:30 p.m. in the student lounge followed at 7:00 by Mr. Gentile's presentation in room 210 All students welcome. . MONDAY, OCTOBER 31 your questions in box 335. and UB a um Christina Agola will conduct small group workshops. Bring your old resume or a draft of your ideas Enrollment is limited to 20 people so you must preregister in the CDO. Room TBA. THURSDAY. NOVEMBER 3 1:00 p.m. BLSA Law Day Conference: The Black Law Student Association is hosting a Law Day Conference for prospective law students at Diefendorf Hall, room 148, on the South Campus. Contact the BLSA at 645-2143 for more information. THURSDAY. OCTOBER 27 ijy 1 Hijtiilllizlp c M R»| |n c bJFT la t a Applications are due this Friday, Oct. 28. .. _ ,, ~ , , WetoveyouSatan! -Frenchv ,„.,,. , ~ ., ~ NewGen. F-k You!!! Thetime for being cautions has passed: welcome.'to the eraofliving. Gum beware offalling Sticks andblow-driedpotyster Ffltgtu prtfltlt. ,~ ■■ ~,r-i _ Poke--benareofltalitinmttxcltsandnsvchos SalanshoUrultllieumvrrsel-WtUimißandolphHtar.il , , stinking ■ Graphics:■we don Ineedno■ graphics-alsoFrtnchy lmtyM Rachel-Peter - HappvßtrthdmStte!llowvou Peter Did somebody say " Satan '" .... PerSOHalsOre FREE!7'.' Placey„UTptrstmahin b,>X# 10and We �12 THEOPINION October 26,1994 Only BAR/BRI! Only BAR/BRl's office was open the weekend before the New York bar exam, July 23rd and 24th. All other bar review courses in New York State were closed. Only BAR/BRl's attorneys were available to answer students' substantive and procedural questions. Only BAR/BRl's staff was available to assist in obtaining seat assignments for the hundreds of students who had not yet received them from the Bar Examiners. So the next time the other bar review courses claim to give personal service and attention and claim to be available whenever you need them, remember ... Only BAR/BRI delivers. BAR REVIEW THE ONLY CHOICE � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Opinion, 1994-10-26 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. Opinion Vol. 35 No. 5 Date Issued Date of formal issuance (e.g., publication) of the resource. 10/26/1994 Bibliographic Citation A bibliographic reference for the resource. Recommended practice is to include sufficient bibliographic detail to identify the resource as unambiguously as possible. 35 5 Publisher An entity responsible for making the resource available University of Buffalo State University of New York at Buffalo Law School Language A language of the resource eng Type The nature or genre of the resource Newspapers Text Is Part Of A related resource in which the described resource is physically or logically included. LIB-LAW003 Rights Information about rights held in and over the resource <a href="https://rightsstatements.org/page/CNE/1.0/">COPYRIGHT NOT EVALUATED</a>. The copyright and related rights status of this Item has not been evaluated. Please refer to the organization that has made the Item available for more information. You are free to use this Item in any way that is permitted by the copyright and related rights legislation that applies to your use. This digital collection is made available for research and educational purposes. Researchers are responsible for determining copyright status, and securing permissions for use and publication of any material. Copyright for items in this collection may be held by the creators, their heirs, or assigns. Researchers are required to obtain written permission from copyright holders and the University Archives prior to reproducing or publishing materials, including images and quotations. For inquiries about reproduction requests and permissions, please contact the <a href="http://library.buffalo.edu/archives/">University Archives</a>. If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/6df8a44de62c73f7a435ce744eb18192.pdf 3c9edcaf2effc8961ac6368f41b22af0 PDF Text Text tssras, How safe is the basement of O 'Brian Hall? See story on page 3. I .... _ . . I O 'Brian Hall isfalling apartat the seams. See page 4, Bringing theissues to thestudentssince 1949 ■ I UBLaw's newßesearch& WritingProgramandpmfessors. See story on page 7. THE OPINION Volume 35, No. 4 STATE UNIVERSITY OF NEW YORKAT BUFFALO SCHOOL OF LAW October 12,199 Alumni Arena user fee abandoned byJosephßroadbent, iNewsEditor A three-year agreement hasbeen tentatively reached that will allow law students, as well as other graduate students, to use Alumni Arenafacilities without the implementation of a user fee. The agreement comes after months of negotiations and several meetings involving the UB administrationand thesix graduate and professional student groups. Last summer, the administrationproposed to change the then-existingpolicy whereby graduate students were granted access to Alumni Arena'sfacilities via contributions from the various graduatestudent groups. Underlast summer'sproposed plan, studentswouldhave been forced to purchase individual user passes at a price of $50 per semester. TheRecreationaland Intramural Services Board("R&I") based its proposal on a survey which it conducted regarding what groups used theArena and how much; the Board claimed that the survey showed that the user fee system would raise $ 105,000. TheBoard toldthestudent groups thattheold system wouldbe retained if the groups could come up with the same amount ofmoney. Immediately after the plan was announced, graduate studentsand their governments expressed theiropposition. The administration eventually pushed back implementation ofthe fee until Oct. 1. At its Sept. 27 meeting, the SBA voted to increase its contribution to R&I to $12,000 for this year with 3 percent increasesfor eachof the next two years.The increase to $ 12,000 represents a 16percent increase over last year's contribution. The increase in therequired contribution to R&I is much higher thanany oftheother graduate studentgroups ~ withthe exception of the Graduate Student Association even though theArena is usedby law studentsless than 5 percent ofthetime. The administration originally proposed an increase of 40 percent. — This proposal was acceptedby theadministration at the Oct. 6 meeting. While the agreement is still verbal, all the parties involvedhave agreed to its basics. As Athletic Director Nelson Townsend stated, "the issue is finished; it only needs implementation." As a result of the agreement, all graduate student groups with the will be increasing their contributions to R&I exceptionoftheMedical School which will contribute nothing, _M™™«„. — Law students give back to their community by Martini Iwala, Reporter In the morning hoursof Saturday, Oct. 8; 1994, the residents of Adams Street on Buffalo's East Sidewelcomed some unusual visitors. The visitorswere UB law students, who were participating in the first ever law students' Community Service Day, sponsored by the Student Bar Association. About 27 law studentsvolunteeredto work with Habitatfor Humanity to help fix up houses for low-incomefamilies in downtownBuffalo. "UB lawyers are working to improve the image ofthe profession," saidSBA President BenDwyer. The Community Service Day is a part ofSBA's goal to link UB Law with various communities in Buffalo, Dwyer said. Law students now have an opportunity to help the community, he said. Law students responded to the SBA president's call. . SeeUSEßFEEonpagelO Faculty approves changes in first-year program byPeterZummo, Managing Editor for three to tour weeks in January, rirst-yeai Tom Headrick has constudents willparticipate in these bridge coursit the changes envisionedfor thefirst es through theirResearch andWritinggroups. ram (see The Opinion. Aug. 30) were According to Headrick, there may be me one-credit courses for upper division approvedby the faculty. "The faculty has passed itand theadminstudents during this bridge course block; howistration will do its best to implement the ever, the plans for this arrangement are still in for next initial stages. ," he said. Sum m c i "Th c majorchange return ing The new courses may students will be when classes start and becomemore first-yearprogram extensive"in the will consist of a when they yearlong Perspec--DeanHeadrick long term", but for tivescourse, asixthe foreseeable fucredit, two-semester Research & Writing ill remain as they have been, n orderfor the new curriculum tobe put course, and six traditional first-year subjects: Contracts, Torts, Procedure, Criminal Law, into place, the Planning Committee has proConstitutionalLaw and Property. First-year posed lowering enrollment to 200 210 stustudents will begin theireducation at UBLaw dents. This proposal has yet to be approvedby witha sevenor nine daycourse entitled"Intro- the provost and president, Headrick said. to Law and Legal Studies." Coupled with a reduction in enrollment, Thestructure ofthe semesters will change there will be a "modest increase in tuition ill students including second- and third- spread over three to four years." This increase students. isalso awaitingapproval by the SUNY admin"The majorchange for returning students istration inAlbany, Headrick said. be when classes start and when they The tuition increase proposal also refinish," Headrick said. Classes will begin in quests thatany increase inrevenue be direct 1y Septemberafter Labor day and will continue returned to the law school budget by SUNY, until themiddle ofMay. There will be a short something thatSUNY hasrefused to do "as a blockof "bridge courses," courses that will run matter of principle" in the past. Rng-Dean Ptio by Suzanne Crista, 3L, lendsa handto a young resident during Community Service Day. but will consequently be barred from using the facilities. Itis also possible that Student Affairs will contribute to fill in any funds that aren'traised. Nelson Townsend maintains that his department never wanted a user fee in the first place (it would be too much of a hassle); the department merely wanted to know where the moneywas comingfrom inadvanceandbeassured thatit would bepaid what it was owed. He said that a user fee wouldend up depriving thosestudents who didn'thave the money to buy a pass of the opportunity to use the facilities. Townsend further stated that the new agreement is an i mprovementover theway things havebeenhandled in thepast, where there would be an annual debate over how mucheach groupwouldcontributeand then a year-end problem of trying to collect the promised contributions. The current agreement looks to the future and avoids the yearly problems that have occurred in the past. He added thatthe user fee controversy hasbeenbeneficial in that it has caused thestudent groups to look towards longrange plans and has helped everyone realize the importanceof the issue. Martinlw HelenPundurs, 3L, arrived onher bicycle at about 8:40 a.m. A few minutes later, Bruce Karpati,2L,steppedoutofaredßMW. By 9:15 a.m., all 27 law students hadarrived on Adams Street using various means of transportation. By 9:30 a.m., residents ofAdamsStreet had begun to watch whatwas going on with curiosity. LaYette Gray, a resident of oneof thefourhouses underconstructionjoined the law students inshovelingandspreading soil on her yard. A few minuteslaterBonita Hill and Pleasant Barker accompanied the students in separating rocks from thesoil and reseeding the yards. These residents were later accompanied by theirchildren in sorting out dirt and rocks and transporting unwanted debris to dump trucks. At noon, law studentsand other participants were treatedto pizza and sodas donatSec COMMUNITYDA Yonpage 6 Kiges ■ i for finish." Jits - Kion § Voter registration deadline is Oct. 14 '1 in the 14. Nov. 8 Even must rt >ct. i ir's elections, you .ou moved. tate-wideraces includecan- 1I didatesforGovernor.LieutertaniGotvemor, Comp: i Attorney General. All seats in the State Senate and Assembly are also available this year. On thenational level, all 435 members Senate seat is being contested. Registration forms must reach your County Board of Elections by the Friday deadline Theßoard of Elections is located at 134 West Fagle Street in downtownBuffalo. Forms are also available at many public libraries in Ene County or you can call the BoardofElections at 858-8891. �October 12,1994 THEOPINION 2 T7PT7T7 MPRE REVIEW OUR LOCATIONS FOR NOVEMBER 18TH MPRE EXAM ***NOTE: All classes will run from 9:00 a.m.-5:00p.m. Sunday, October 16, 1994: LIVE Lecture Amphitheater, Main Floor Fashion Institute of Technology - *Enter at 27th St. and 7th Aye. entrance .h. Saturday, October 29, 1994: mm VIDEO-TAPE Lectures Boston Univ. Law School Georgetown Law School Hofsti a Law School Syracuse Law School Pace Law School Room 1434 ROOM 109 ROOM 238 Melviri Lecture Hall ROOM 405 Sunday, October 30, 1994 VIDEO-TAPE Lectures ROOM E 7/ 8 ROOM 109, O'Brian Hall ROOM 110 i Albany Law School Buffalo Law School NYU Law School iT^mmmmmmimmmimKmmmmmmmamammmmmsmmKmmmmmnmmm^mmmmmmmmmmm lb reserve a seat, CALL 1 -800-635-6569. This course is available to any and all interested students no matter which bar review course he or she is registered for. WALK-INS ARE WELCOME!!!! �October 12, 1994 THE OPINION New society recognized by SBA by Steven Dutz,.Reporter The Student Bar Association formally recognized the Entertainment and Sports Law Society at its Sept. 27 meeting. For more than an hour, the SBA and Society President Andrew Freedman debated the issues offormal recognition and Freedman'.s request for funds for Hie group. Andrew Freedman. who thought he had done everythingpossible to insure recognition by the Student Bar Associationand who had consulted closely with the SBA about requirements for recognition, stated (bat more than60 students had signed upas members and elected un executive board The society had lined up several speakers for the coming year, had enacted a Constitution and prepared a tentative budget. The SBA ultimately voted to recognize theSociety and to grantit enough funds to cover initial costs and the first sponsored lecture. "I did what ] had to do," Freedman said "1 pulled together people on a topic that they wanted to hear about. There was.i tremendousresponse. 1 went through the for ma! process?' Freedman said thaithe delay in full funding conldjeOpardize thefutureplans of the society .includingkindr.iis.mg. petit lolling for sports law classes and the lectureseries. "1 worked hard to get people who wouldn't charge anything." he said.; :|l:ls| The recognition stalled ontwo issues. The first issue was brought up by 3LClass Di rector Nancy Stroud who pointed out that under the SBA bylaws, all organizations seeking SBArecognition must have aconft rmed faculty advisor, a requirement Freedman stated he was unaware of. SBA President FVm Dwyer contained thatthesubject had not come up in his conversations with Freedman concern!ng the requirements for; SBA recognition. He added that there shouldn't be a probl eminlirti ng upa faculty member or adjunct faculty member to serve * The second issue was the proposed budget. The society was seeking 51.500 from the SBA. which included $300 OOin start up fees, $400.00 for thelecture 1 me and $225.00 for two members to attend the State BarAssociauon'sentertaiiunentandsports law meeting in New York City. Questions were raised about the amounts requested, andaftera few minutes discussion, 2L Class DirectorJohnLeifert moved to tablerecognition of the Society, with 1L Director Veronica Rodriguez seconding the morion. : The effect of the motion would have been to leave the Society withoutany funds to start up or to fund its first speaker, it was narrowly defeated8-10,with Stroud a key i vote against the motion. ~;• by Jessica Murphy, Reporter Dragging aroundbooks by the ton seems to top the law student's job description and snow seems to top everybody's list when they describe Buffalo, NY. So what's a poor law student to do with a full back-pack in over two feet of snow? Well, ifyou're lucky, you can get alocker, some of which are located in thebasement of O'Brian Hall. But have you been there lately? First-year StudentBar Association CI ass Director George Hamboussihasand he doesn't like whathe's seen, expressing concern about the safety of the area. "Although something might not have happened yet, that doesn't mean something won't happen," Hamboussi said. "And if something does happen, we're going to kick Many law studentsdreadto venture intothe basementlocker area ofO 'Brian Hall. ourselves for not doing anything beforehand." Hamboussi, whosemain campaign goal room, but elusive funding and needsof thelaw unsafe. "I see thebasement as not only unsafe, but [as also] creating a pseudo-caste system was to improve safety conditions at the law school faculty have taken precedent overrenwith the first-years on the bottom, said Chris school, said he's heard several complaints ovatioas. Nickson, IL. Since 1988, Cook's input increased lightfrom first-year students about the poorcondi"The lockers provide space where an tion of O'Brian Hall's basement. Among the ing in the locker area and prior to her involveattacker couldhide from a student'sview until ment, mirrors were installed to aid students cited are the complaints basement'spoor lightthat student is too close to escape," said whoventuredinto the area alone. of an or camera and the the lack alarm ing, Prior to the state's budget cuts ofSUN V Sharon McDermott, IL. "During the afterbasement's isolationfrom the rest ofthebuildnoons and evenings... becausethere are so few funding, there were plans torenovate thebaseing, making it likely that ifanything did happeople [around], the locker area becomes an ment andlocker area i nto a bright andcomfortpen, nobody wouldknow. able social atmosphere, according to a UB ideal setting for [an attack.]" "We already know aboutlast year's robMichael Graff, IL, said, "I do not personberies," Hamboussi said. "I don't think it's administratorwhowished not to be identified. But plans to create a common place for stually feel thebasement area ofO'Brian Hall.. safe. There are too many possibilities." presents a significantly dangerous area Hamboussi said the SBA is working to dents, faculty and administration to meet for address this issue. He said some possible conversationand coffee diedwhenthe budget compared to my front yard near Bailey, for safety measures being looked into include cutswere implemented, the administrator said. example." Marie McCleod keyboardspecialist, said But Graff added, "If a number of students placing a directphone line and video cameras in the basement. He also wants to see Public she wants to improve the situation for all the are concerned, it seems measures should be Safety offer safety seminars to graduate stu- students using the basement facility. "I'm taken to ease the concerns." For example, he willing to dowhateverI can to help," shesaid. said better lighting and "blue-light" phones dents. "Basically, ifsomething were to happen "Maybe with stronger student i nput, we can do could be installed. Danielle Grimm, IL, made some other down there, the school would be liable," something." McCleodmentionedthatstudents in presuggestions on how to improve thesituation. Hamboussi stated. "They are responsible for "I think there's a common sense approviding a safe atmosphere to theirstudents." vious years have attempted to get the area weren't to able obtain enough proach to this problem," she said. "Until UB There are approximately 500 lockers renovated, but support. improves thelocker area we need to know how available to students, as well as variousofficHamboussi said that heis a to defend ourselves. We need classes and starting peties, in thebasement. According to UB admintion to drum the student that's escorts to do this." up support istrators, no seriousincidentshavebeen reportGrimm needed to resolve the said it's timestudentstook some problem. ed to date. students their frustraaction to resolve the problem, adding, "When expressed MarleneCook, assistant lawschool dean, Many the reaches you, do somecondition, tionswiththe basement's but others circulating petition said she has been working diligently to imit." that the basement was and particularly thing sign prove the conditions of the basement locker disagreed PhotbyJnGasper New domestic violence law is topic at willawards luncheon the awards. by Shelley Chao, Reporter UBLaw School and the UBAlumni Association are presenting the 1994JaeckleAward Luncheonand the 19thAnnualAlumni Convocation on Saturday, Oct. 22 at the Atrium in the UB Center for theArts. The luncheon presentation of theJaeckle Awards to Arnold B. GardnerandSen.Dale M. Volker, R-Depew, will follow a morning-long convocation. The convocation, which will begin at 9 a.m., will focus onNewYork State's new Family Protection and Domestic Violence Intervention Act of 1994, which has amended more than 40 sections of the New YorkPenal Law. The panel, which will present the prose- cution, litigation, judicial, expert witness, and media viewpoints onthe new law, will include the law's principal author and sponsor, New York StateSenatorStephen N. Saland. Representatives from all judicial levels from the Buffalo City Court to the state Supreme Court will be participants in the domestic violence program. Other scheduled panelists include UB Law professor Charles P. Ewing, as well as adjunct professor and Erie County District Attorney Kevin M. Dillon. Judges, law firm representatives and a representative from the media will also participate in the program. The luncheonpresentation of theJaeckle Awards will comprise thesecond half of the day'sevents. UBPresident WilliamR. Griener SBA Party! Stroud then moved to provisionally recognize the Society and grant it $200for; fundsto operate for two weeks. 2LDirector Reda Austin seconded themotion. Stroud accepted friendly amendments from SBA \ Treasurer Elizabeth Jewett to tncrea.se the start-upfundstos2sG.OOaodfrornLdferttQ make recognition contingent upon the ac- \ ceptance of a faculty advisor and a budget i review. The motion passed 1 9-0 as amended. Freedman said that the SBA leader- \ shiphad been very cooperativeand helpful andattributed thedelay in recognition to the j fact that the Society was new to a lot ofthe j • PhotbyMlKnciask class directors. He characterized their at-1 titude as "just give a little and see what I happens," but the effectis that it "cuts youI off at the knees." Freedman said that he would be sub- SecSBAMEETING anpug* w 3 Safety of O'Brian's basement questioned SBA meeting: as an adviMir, NEWS Andrew Freedman, Hilary Banker, Liz GoldbergandJohn Formichella were just same of the many law students who turnedoutfor theSBA 's party at the CPG. SeepageII for others. present The Jaeckle Award, named for UB Law School alumnus Edwin F. Jaeckle, is given in recognition of an individual who has distinguished himself or herself and made significant contributions to the law school and the legal profession. This year, thelaw school and theAlumniAssociation wil 1bestow their highest honor on two recipients. Gardner received a bachelor's degree fromUB in 1950andalaw degree fromHarvard Law School in 1953.A private attorney and a senior partner at Kavinoky and Cook, he has served on the governing board of the State University ofNew York since 1980. Volker, a New York state senator, graduatedfrom UBLaw in 1966. Hehas served as chairman of theSenate Subcommittee on Alcoholism and is a criminal justice expert. Invitations to the convocation and the awards luncheon were placed in lawstudents' mailboxesOct. 6. Ilene Fleischmann, a coordinator ofthe events, stresses that students are invited to attend. Of special note, she said students who pre-register in 318 O'Brian by Oct. 15 will be guests ofthe Alumni Association, and will receive a free breakfast, extensive written materials, including a copy ofthe new law, andafree lunch. Only those who preregister can be accommodated. According to Sue Tomkins, a clinic instructor for UB Law School's domestic violence clinic program, some students in her program were involved in the drafting of the new legislation through their testimony to the Senate Subcommittee. "This is not the morning to sleep in," Fleischmann said.Law students who would like further information may contact Fleischmann at 045-2107. �EDITORIAL THE OPINION 4 i «xi w 35, Volume No. 4a Foundedl949 Evan C. Baranoff Editor-in-Chief October 12, 1994 ,_t , infM 12,1994 October Peter G.Zummo Managing Editor EDITORIAL: The death trap we call home O' Brian Hall is falling apart at the seams. The elevators are chronically broken. The basement is in deplorable condition. The classrooms are deteriorating (see room 108for example). And the list goes on and on. And don't forget, the building is loaded with asbestos but don't be alarmed; the university monitors the air quality "regularly." UB administrators say they can't renovate O'Brian because of the asbestos problem. If the real reason was the asbestos problem as the university might like us to believe the failure might be excusable. But the plain harshtruth is thatthe university is too cheap to spendmoney on fixing the elevators, and is more willing to maintain its buildings in a decrepit condition and violate legislation such as the American's With Disabilities Actthan concern itself with our safety. Not only are the malfunctioning elevators a major inconvenience to the students, faculty, and law school officials; they're especially troublesome to students with disabilities and special needs. While most students justifiablycomplain about having to walk up four or five floors, to students in wheelchairs the elevators are their only way around O' Brian. When they are inoperative, these students are effectively cut off from pursuing their studies. The Students with Special Needs program is deeply concerned with this situation, but the university has consistently shown a persistent and complete disregard for the safety and mobility of these students. Even when the elevators are working, students still encounter problems. Due to the design ofthe two elevators, a person must stand well away from the doors to be able to see which car is available. By thetime aperson in a wheelchair can maneuver to the car, the doorsare closing, leaving him or her to wait another five minutes for the next car. This situation is intolerable and most likely illegal under the American with Diasabilities Act Another issue of concern for disabled students or, with ski season fast approaching, someone who must getaround on crutches, is the entrance to the library. There is no way for the doors to be opened except by a person able to walk in. A person in a wheelchair isleft to wait there until someone opens the door for him or her. It's time the university addresses these issuesand allocates the necessary funds from the capital budget. O'Brian has been the poor forgotten step-child long enough. We should demand our fair share of capital funds that are indispensible to bringing the building into compliance with the currentrequirements and with basic standards of decency. See THE EDITORIAL onsamepage — — - . The Editorial, continued UB Law officials agree. They too have expressed their disatisfaction with the lack of concern and apathy on the part ofthe university administration. We would hate to thinkthat it has to come to the point that a student would have to file a lawsuit against the university seekingenforcement ofthe relevant regulations, or worse, for someone to come to harm because ofthe university' s apathy. Isthe leadership ofUB really waiting for an elevator car to drop from the seventh floor to the basement causing multiple serious injuries? We certainly hope not. At the very least, a sign shouldbe posted on theelevator doors: "Warning: The use of the elevators may be hazardous to your health." Perhaps someone shouldalso place an hourglass next to the elevators so that students can see how many hours it will take until they are able to use the pathetic excuse for an elevator system the law students have been saddled with. To demonstrate the validity of these issues, we challenge President Greiner to come over to O'Brian Hall on a regular school day and take a look for himself: ride the elevators (if you dare), walk up and down the steps of Room 108, and boldly venture into the basement without a bodyguard or a guard dog. We're confident that after Griener experiences the shabby conditions first-hand, he' 11realize that we' re not just a bunch of law students looking for something to whineabout. NOTICE: The Opinion will now be publishingonWednesdays.Deadlines forsubmissions remains Fridays. Thank youfor your support. Clarification: In clarification of the Sept. 28 article, "Law students elect their class directors," George Hamboussi saidhismain goal as an SBA class director will be to promote student safety. Heis currently working to make the basement of O'Brian Hall safer for students. • STAFF Business Manager: LisaC. Nasiak Production Manager Peter W. Beadle News Editor: Joseph Broadbent Features Editor: Sam Chi Photography Editor: John W. Gasper ArtDirector: LenOpanashuk Probing, Timely, Assistant editors:News: John FedericeandLesa MaslankajP/ioto: Molly Kocialski; Graphics: David Leone. Beat reporters: SBA: Steven Dietz; CDO: DanielaAlmeida-Quigg; Alumni: Shelley Chao; Controversial, Downtown: Michael Kuzma. Contributing Staff: Rosanna Berardi, Michael Chase, Martini Iwala, Les Machado, Bob Morgan, Jessica Murphy and Jake Santos. Computer consultant: Peter Beadle Stabilizing: Jennie Destabilizing: Bamhi andsleepdeprivalion The Opinion isa non-profit,independent, student-ownedandrun publication fundedby theSßAfrom studentlawfecs TheOpinion, SUNYAtBuffalo AmherstCampus, 724rohnLordO'BrianHall, Buffalo.New York 14260 (716)645-2147. The Opinionispuhlished every two weeksdurinntheFallandSprinpsemesters.ItisthestudentnewspaperoftheStatetlniversity ofNewYorkatßuffaloSchoolofLaw. Copyright 1994hv TheOpinion. SB A. Any reproduction ofmateriaIs here in is strictlyprohibited without theexpress consentoftheEditors. Submissiondeadlinesforletters to theedilorandPerspectivesare5 p.m. on theFri dayprecedingpuhlicalion. Advertisingdeadlines are 6 p.m. on the Friday precedingpublication. Suhmissionsmav eitherhe sent toThcOpinion at theabove noted address. droppedoffunderTheOpinion officedoor ("room 724 O'Brian Hall),orplaced in Box#loor#2Boon the thirdfloorofO' BrianHall. Allcopy mustbe typed,doubted-spaced,and submitted on paperandonaaimputerdi.sk(IBM-WordPerfect) Letlersare best when written asa part ofa dialogueandmust he nomore thanrwopages double-spaced.Perspectives arcgenerallyopinionartielcsconcemingtopicsofinterest tothe taw schoolcommunity andmusthe nomore than fourpagesdoublc-spaccd The Opinionreads and appreciates every letterand Perspectivewe receive; wereserve theright to editany andall submissions forspaceas ncecssarvandalsoforlihcloascontent. The Opinionwill not publishunsinnedsuhmiss ions. We will return yourdisks to yourcampusmailbox or toa private mailbox ifa self-addressedslampedenvelopeis provided. The Opinion isdedicatcdloprovide a forum for the freeexchange ofideas Asaresult, the viewsexpressed in thisnewspaper are not necessarily those ofthe EditorsorStaffofThcOpmion. "Congress shallmake no law ....abridging thefreedomofspeech, orofthe press;..." ' --TheFirst Amcndmi-nl _ Beer... Join The Opinion! »-vv v.>.-.' .• ffyim j0 j,llls wtUlst(>prumtinglltese.m<inx<isf>aii> fillers!!! �OP/ED October 12, 1994 THE OPINION 5 The Opinion Mailbox In response to "trampling on the freedom of speech" Don't fret over newsletter ed,a numberof the Framers sat in the Congress that passed the Sedition Act of 1798, a piece of legislation that providedfor finesand imprisonment for free-speakers who opposed measures of the government. Although some, including our FirstAmendment archetypes Madisonand Jefferson, argued that the act was unconstitutional, othersoftheFramers disagreed and helped pass the measure into law. Although the Sedition Act episode has received a curious historical treatment in such cases as NewYorkTimes v. Sullivan, it surely stands to refute any inference that the Framers were of one mind and "intended to protect all kinds of speech." The author goes on to characterize thefreedom of speech as "the most important oftherights guaran- The fact that the Student Bar Association is publishing a newsletter should not cause The Opinion to feel threatened. During 1L orientation, the library tour discouraged me until I realized that it contained a lot of redundant information "official" and "unofficial." Now that law students receive "official" (the SBA newsletter) and "unofficial" (The Opinion) informationabout our student government, To the Editor: Although theauthor ofyourperspective piece "Trampling on the freedom of speech" in September 20'sThe Opinion was undoubtedly sincere, the story contained a number of misstatements and misinterpretations of constitutional history. I felt compelled to write and offer some corrections. Reading theauthor'sstory, one wouldbe moved to believe that the Supreme Court had reached some kind of "high water mark" in its Speech Clause jurisprudence with the cases of Texas v. Johnson and R.A.V. v.St. Paul and has beenviolating theintent of theFramers ever since, especially inMadsenv. Women's Health Center. Inc.. last term's celebrated anti-abortion injunction decision. Nothing could be further from the truth. Theauthor strains tocharacterize the history of the Speech Clause as one in which the "Framers" intended, apparently, to protect speech absolutely. At one point, the author states that" [ w] ithR.A.V.. theCourt seemed to be faithful to theFramers' intent to protect all kinds of speech, even speech that offended others." History belies the contention that the Framers intended to protect all kinds of speech. A mere 7 yearsafter 'hefirst ten amendmentswere adopt- teedbytheßillofRights." Although I wouldarguethat some person subjectedto Colonial trial without jury or a hearing would vigorously disagree with the author's characterization, thefollowing historical misstatement is my subject here. In a parenthetical to the "most important of the rights" language, the author states: "(The fact that it is the first right mentioned in the Bill of Rights is also significant)." This statement would appear to support the contentionthat speech was considered by the "Framers" tobe "the most important" right. Again the authorhas misinformed the reader. Theamendmentthatis now our first was, originally, thethirdarticle of twelve submitted to Congress. Number one (the first proposed amendment) was intended to change the manner in whichnumerical representation was provided in the House; number two would have alteredthe manner in which Congress could approve pay increases. Both of theseproposals failed, thus belying the contention that order has anything to dowith importance ("onecan, ofcourse, argue that thefirst proposal was theleast important because it was rejected). It is, therefore, only by a bit of historical caprice that the amendment we now call the "first" achieved that ranking. In sum, cases like Madsen are very much in line with a historical traditionthat supports a balancing of free speech against the community interest. Just as I find it hard to bel ieve thatany oftheFramers would support the absolute right of someone toyell "Fire!" falsely ma crowded theater, I find it impossible to believe that theFramers as a group wouldsupporta"right" to hurl taunts and harassments at people who are exercising another right, quietly, under thelaw. , Stuart Graham, 3L Ifyou havean opinion onanythingpublishedin our newspaper or on any currentevents topic that concerns the law si Letters to the editor are best when written as a part ofa dialogue and must not be longer than two pages di mble-spaced. Perspectives art generally opinion articles c< mcerning topics ofinterest to the law school community and must not belonger than four pages double-spaced All submissions are due the Friday before we publish. Your submission must be typed, doubled-spaced.and submitted on paper andonacomputdrdiskOßM-WordPerfects.l format). The Opinion reserves the right to edit any and ail submissions for space as necessary and also forlibelous content; we will not any unsigned: Send your submissions to The Opinion office orplace them either box 1 Oor 280. meo andoM R To the Editor: — Ithinkwewillallbebothcompletely informedand criticall informed. Thomas Byrne, 1L Shame on you! To the Editor: There are two activities I recently attended that had extremely poor showings which I thought was utterly shameful. Thefirst was the"Law School" (HA!) Blood DonorDrive. As your article in the Sept 20thedition noted, only 25 people who donated were Law students; theother 35 werefrom other divisions. The RedCross had stuffed 800 Lawschool mailboxes— and, pathetically enough, out ofSOOonly apaltry 25 were interested insacrificing and doing this good deed? (Well, what do you expect, I guess—you're dealing with lawyers right? Maybe if they had been giving out free beer there wouldhavebeen amuchbetter showing!) Well, I hope that someday when you're in an accident and there's a shortageofbloodyouwill remember how you can't complain since you too were just like everybody else— too damn selfish to give upan hourof your time andapint ofyourblood to save someone's LIFE! (Pathetic!) (Of course, if you are a person who was sick or had some other legitimate reason you are excluded from this diatribe—l am of course only referring to thosewho honestly could havebut who just"couldn't bebothered" (of which there are many!) The second activity was the Candidates Forum/Grill Session(another "HA!"). The candidates running outnumbered thefew students who showed up to listen 3 to 1! I thought this was entirely pathetic. And, as for questions I was the only individual whoasked one—so much for the "grill session"! All I have to say is, I don't thinkthat anyone who didn't show up (again, I am only referring to thosewho didn't have a goodreason) hasany right whatsoever to complain in thefutureabout the inevitable problems our SBA Reps will face. Where were you when it was time to make a legitimate effort to find out who they all really are? (besides the blurb/resume listed in The Opinion'). Don't you agree that you can tell more about a person by looking them in the eye when they speak than by cursorily glancing at their "resume"? Diane Lorenc Mathers, 1L by David S. Leone �October 12, 1994 6 NEWS THE OPINION Clothesline strives to erase domesticviolence Entertainment & sports lawyerreveals tricks ofthe trade byBohMorgan,,Reporter A practicing entertainment and sports lawyer last week told an audience of law students how to get involved in his field. "You need luck to practice sports law," saidKeith Schulefand, a guest lecturer of the Entertainment and Sports Law Society. About 40students turned out Oct. 4 to listen toandask questions of Schulefand, a 19#8UBLaw graduate and solopractitioner Currently specializing in sports, film and musiclaw. Schulefand, who currently represents Buffalo Bill Mark Maddox, spent much of the lecture speaking on the subject of NFL player representation, a held which Schulefandsaidis highly saturated.Healso represents several other entertainers including radio personalities, a movie-star monkey and Tracy Mehm, the Buff-State hooker. Schulefand repeatedly emphasized that 1uck is needed to practice sports law. In addition, he offeredsuggestions for aspiring sports agents, stating that "[a] key to the recruitment ot college players is to earn their parents" trust. Theirfirst time around contract negotiation, athletes don's know who to go with so theirparents' advice can be very important," Healso suggested representing alumni from the various colleges, stating that a gfjduate'srecommendation can carry alot Of weight with college athletes. Schulefand added that the competitiveand crowded nature ofthe sports agent held makes theethical line more gray than black and white in some circumstances. "When competingfor thecollege athletes, agents know t ha t (he at hleie wishes to be entertained. This can cost money,*'he said. "Technically, it is illegal tor an agent togive a studentathlete agiflwithany value at all, but the truth is it's common practice." Consequently, Schulefand said he prefers to putsue representation ofveteran athletesratherthan amateur ones and added that he will not succumb to the common \ practice ofbribing student athletes Schulefand stated that anyone can be an NFLplayer's agent,statrjrig that"[a]nyone can negotiate JimKelly's contract. It *s a Standard form that the NFLprovides. The only difference between any two players' : contracts isthe dollar amount on the blank as well as the incentives for performance. " Society PresidentAndrew Freedman said that everythi tigwentfar better than he could have i magined. "There was a great turnout. Iwasn'tsurewhattaexpect,sothjs waskind ofa testrun. rmvery pleased with the response.*' The audience was generally appreciaand members of the audience asked tive several questions. First-year studentBill McDonald showed bis enthusiasm for entertainmentand sports law whenheasked, u l wonderifhe'l I introduce me to theHaft-. -State ftooker - by Peter Zummo, Managing Editor Activities connected with the monthfocus on domesticviolence began with a long march in Buffalo last Thursday, Oct. 6. Approximately 75 people marcheddown DelawareAvenue to City Hall to call attention to the problem, according to Nancy Grey of Haven House.The march was sponsoredby the Erie County Committee on Rape and Sexual Assualt(COßSA.) Here at UB Law, the Domestic Violence Task Force (DVTF) has announced the creationof theErie County Clothesline Project. The ClotheslineProject began in 1990 in Massachusetts and is now active worldwide. It is a visual display that bears witness to violence against women in all its forms. During the display, which will take place on Oct. 20 from 11 a.m. until 4p.m. on thefirst floorofO'Brian Hall, shirts will be hung over a clothesline. Each shirt is decorated by a survivorto represent her particular experience. In addition, shirts memorializing women killed by domestic violence are accepted for the Project. The purpose oftheClotheslineProject is four-fold: (1)to bearwitness to thesurvivors as well as the victims of domestic violence; (2) tohelp withthe healing process for people who have lost a loved one or have survived this iqm j J.IMU/ TheDomestic Violence Task Force marched to City Halllast weekto increase awareness ofspousal abuse. violence; (3) to educate, document and raise society's awareness ofthe extent ofthe problem ofviolence against women; (4) to provide a nationwide network ofsupport, encouragement and information for other communities starting their own Clothesline Projects. The DVTF invites students to participate in the project. You can write, draw, paste or sew any message thatreflects yourexperience. All shirts are anonymous. Shirts can be made alone or in a group workshop. In order to preserve the display's longevity, DVTF suggests that art materials usedfor this project be of a permanent nature. Materials for making shirts, as well as any additional information that may be required, are available at the DVTF's office in 604 O 'Brian, 645-2782, or from theErieCounty Citizens' Committee on Rape and Sexual Assault at 858-7879. SOLAR protests use ofanimals for experimentation byRosannaßerardi, iReporter showed up," he said."Too many peo Students of Law for Animal pie are satisfiedwiththe status quo anc Rights (SOLAR) continuedits quest spend their lives sitting around doinj to stop animal experimentation at nothing." UBand topreserve wildlifeby sponSpeaker calls recreational hunting aprotest marchand a lecture wrong hich discussed theissueofhunting. On Oct. 5, SOLAR sponsored < "It's time to challenge the an"Hunting Our Nation's Wildtal research industry," said Scan er Harvesting the Truth," whichfeaed Wayne Pacelle from theHumant ay, a SOLAR steering committee memberand oneofthemarch's orgaSociety of the United States. About 2t nizers. "It'stimeforanewethicand people attended the event. more exacting demands onthe accu- An exampleofa vivisection experiment at an unidentified medicalschool. Pacelle focused on thedebate ovet racy of medical research." Vivisection is a medical research technique hunting as a recreational sport, stating thai About 125 people gathered Sept. 21 to where surgical operations or other experiments more than 200 millionanimals were killed b> march against the use of animals in experimenare performed on living animals in order to hunters in 1990. He opposed the commor tation at ÜB's medical and dental schools, study thestructure andfunction of livingorgans justification of hunters the necessity tc according to Day, 3L. The march was held at and also to investigate theeffects of diseases controlanimal population. Pacelle argued that the South Campus and was followed by a and therapy. most species do not need to be controlled anc lecture that featuredBetsy Todd, a member of pointed out that the recent deer over-populaDay admitted that preventing vivisecthe Medical Research Committee, and Bill tions will be a difficult task because of the tionsituation in Amherst is the exception, not amount of money made by the university from the norm. Dollinger fromFriends ofAnimals. Todd presented an overview of animal animal research. Pacelle noted thatall 50 states have some research techniques, while Dollinger argued Comments on theiranimal experimentatype oflaw whichprohibits cruelty to animals that animal experimentation should stop betionwere notavailablefromci ther t hemcdical as well as such events as cock fights. cause results are not relevant to humans due to or dental school. thedifferences in DNA composition and horHe closed with a quote fromauthorMatt Day said he was generally pleased with mones. the turnout, but expressed hisfrustration with Karpville: "If killing animals is wrong as a Day said that SOLAR's primary objecthe apathy of UB students and the Buffalo sport, thenitshouldalsobe wrong for tive is to endall vivisections that occur at ÜB. community. "Given thesizeofÜB, few people ticipatory sport." liring E;ture, — Community Day, Kator continuedfrom page one edby Santora 's Pizzaand Wegmans supermarfor theCity of Buffalo, said second-year stuket. Duringlunch, RonTalboys, thepresident dent Bruce Karpati. ofBuffalo Chapter ofHabitat for Humanity, Alexandra Rivas, another second-year notedthathis organization hasbuilt 25 houses lawstudent, saidshe thinkslaw studentsshould in variouscommunitiesaroundBuffalo since interactwith Buffalocommunities more often. 1985. Heindicated that seven new homes are She would like activities at Community Sercurrently under construction. vice Day to include painting of thehouses. After everyone had eaten, Talboys asSusan Cristo, 3L, said she wished more signed thefinal task ofreseeding the rest of the third-years had volunteered. She attributed yards and thankedUBlaw studentsonbehalfof their absence to job searching and otherprior Habitatfor Humanity. commitments andsuggested that Community Law studentswho participated in ComService Day be scheduledfor mid-September munity Service Day praised Dwyer for his whenMoot Court and other law school activinitiative. They commended him forhis vision ities are not going on. and organization and expressed their intention JasonCarusone,3L, said the Community to volunteer again. Service Day is a great place for lawyers, First-year law students Dave Fitch and professors, and students to interact. Nelson Mar said they thinkit is important for Across the street from where law stulaw students to take some time to help out in dentsworked is a green house in which "Jasthe community. Mar saidhe hopes to become per" lives. He said he has been living in that a social/welfare lawyer. house since 1968. "I have seen Habitat for Humanitybring The law students who participated had that vacant lot (referring to the four houses only good things to say about the Community where law students were working) to three Service Day, although some offered suggeshouses, and I think it is a good idea," he tions on how to improve it. indicated, adding that "whenever someone CommunityService Day presents a good can help low income earners-as thesepeople opportunity for law students to do something are doing, it's always good." "Daryll", who lives in the vicinity of Adams Street, saidminoritiesshould increase theirinvolvement i n Community Service Day with Habitat for Humanity. Everyone in theAdams Street communiwho ty participated in theCommunity Service Day activity said they felt like helping the community because they were helped in the past. According to Bonita Hill (whose house law students worked on), helping othersis like a partnership. Talboys saidhe shares the same feelings with Hill when it comes to helping those in need. He has been the president of Buffalo Chapter of Habitat for Humanity since 1985. He commendedthe law studentsfor donating their timeand effort to helping theless fortunate people of the community. Whenaskedabout what motivates him to help low income earners ownhomes, Talboys said.qu. ing the gospel ofMatthew, "theword of God says that in as much as I help brothers in need, I am helping Him." Dwyer said he wishes to continue this tradition annually and hopes to show the City ofBuffalo thatUl awstudents careabout their community. '''' 'ttCO&tkwkO&BUSi �October 12, 1994 FEATURES the opinion 7. New and Improved A look at UB Law's new Research and Writing program and professors By CynthiaSalmon-Conzola,.Reporter This year the research and writing program marks a clean break from the past. Now theprogram lasts a fullyear, is worth six credit hours, and all the students use a standardized text. Thefive brand new full-time instructors teach nothing but research and writing. ProfessorLucinda Finley, thehead of the program, said thatthe new instructors' top priority will be teaching research and writing classes. She said that thefive instructors are working very hard to make this program work. In years the past, theclass lastedbut a single semester and was worth only threecredits. Because of timeconstraints, students were prevented from writing both a memo and a legal brief. This year's classes will not have to make that choice. "In one semester, eitherresearch or writing getsa short shrift," shesaid.Now there is time to properly address both. Additionally, students are using a common text, making thematerial consistent throughout the program. The whole year has been planned out, the assignments are a systematic progression ofskill development. Finley describedtheinstructors as, "highly qualified, very, very enthusiastic and hard working." "They are sacrificing sleep, family and social life." Finley joked that at some point they will have to sleep and spend some time with theirfamilies. Christine Constantine ChristineConstantine once 3 iun~ high school teacher, graduated from St. Johns College with a Liberal Arts degree. Constantine graduated from ÜBLawinl9B7 and practiced law in "the exciting field of pensions and benefits" with a firm in Rochester for two years. Constantine worked as an Appellate Attorney for the Appellate Court division, Fourth Department for two years. Although she described it as being narder than law school, she said it was Fascinatingwork. When her term Appellate Court expired, she had heard about the job as instructor in the research and writing program here at ÜB. "My true love is writing," she said, "and I really missed Constantine en joys herstudents very much. "They are delightful, interesting people," she said, "They're smart, it's a pleasure." She teachesthem as though they were in a law firm. Constantine has two children and what she described as a full life, but she has littletimefor anything with her new research and writing instructor's posi- Christine Farley This past summer, Christine Farley attended a conference on Research and Writing in Chicago. She described it as very interesting; nevertheless, after coming back, she felt that this new research andwritingprogram at Buffalo was much more comprehensive thansimliarprograms at other schools. Farley has a BA in Art History from SUNY-Binghamton. Aftershecompleted her degree there she worked for two years at SUNY Cobleskill in theStudent Affairs department. She is a 1994grad- lumbia. Herbert said she is very excitedabout being here at Buffalo. She said her students are very bright and they busy and has littletimefor anything outside ofthework she does for her research and writing "They are sacrificing sleep, family and social lifer —Lucinda Finley B FrankRavitch k Ravitch graduated from niversity a year early with a doublemaj or in Anthropology and Communication. Ravitch receivedaJDfrom Dickinson School of Law and a LL.M. Georgetown University Law Farley said that she loves teaching here. "I am very impressed with my worked with a lawfirm in New Jersey for two years. Hehas also worked for Rep- If shehad time, shesaid shewould like to do some consulting work. Sarah Herbert Sarah Herbert comes to us from deep in da hearta' Texas. She double majoredinMath-Science and English at Rice University. She received her JD from Harvard. Herbert practiced law with a firm in Dallas Texas for six years before returning to school and getting a resentative Leslie Byrne (D-VA), U.S. House ofRepresentatives. Ravitch saidheis very excitedabout teaching in the Research and Writing program. He believes that his students will gain valuable and practical legal skills. His sections pretend that they are actual law firms. The students write memos and briefs to him as though they are the firm's associates and he' is their seniorpartner. He wants his students to rediism,necvciiiiiicuuiaiua. iv play clients. His students describe him as being sharp, well prepared for class, and very accessible. Ravitch has published papers in the Cardozo Law Review, and the GeorgetownJournal onFighting Poverty. Although, he says he hasn't much time right now to do much of anything other than prepare for his classes, writing is his hobby. Ravitch also enjoys sking, roller blading, and reading. Oren Zeve OrenZeve is a fun, personable guy who says he enjoys this job. "I get to standup in front of theclass for one hour and 15 minutes four times a week doing schtick," he said. "No two drink minimum." When asked how he got the job, he simply said, "I ap- plied." He's funny, but hehasa serious side Not only is he teaching, but heis also too. working on his Phd. in philosophy. He graduated summa cum laude from UB Law. He recieved a BA in philosophy from Mont Clair State College. Additionally, hehas a BS inBusiness Administration and a minor in Economics. Zeve was also Student Editor at the Baldy Center for Law & Social Policy, Law & Society Review, as well as a research assistant to several of the professors here at UBLaw. Zeve plans to makehisclasses concentrate on research skills integrated with writing. He wants his students to learn to organize their writing. Zeve saidhe currently doesnothing outside of the university. He hopes to have time later in the yearfor something else. When asked if there was anything else to say about him he said, "I like puppies." He added that he doesn't have one, but does have a puppy calendar. AlumniFocus: Kevin M.Dillon Class of 1976 Alumnus explores law from classroom to courtroom FEATURES by JosephBroadbent, NewsEditor In the busy 18years since graduating from ÜBLaw, Kevin Michael Dillon has stood on bothsides of thecourtroom aisleandbefore rows ofUB law students. Dillon, the Erie County District Attorney, has worked inprivateand public practice before settling down in his current jobs. Now in his seventh year as District Attorney, Dillon says thathe still enjoys the jobas much as he did during the first year. But he concedes that a low point of his job is dealing with sloppy reporters. But whenheis not chidingreporters or spending time withhis family, Dillon teaches Criminal Law here at ÜB. Teaching gives him a chance to help aspiring attorneys and give them advise about theirfuture profession. After working for various private firms for more than 10 years, Dillon decided to run for District Attorney. He cited his upbringing in a political family and his personal interest in politics as the chief reasons for making thiscareer move. It was a job he was familiar with. Besides working for a year atthe District Attorney's officeimmediately after graduatingfrom law school, Dillonpracticed criminal defense, while he worked for Kevin Dillon, class of 1976 private firms. Further, heknew that if he didn't try,he would regret passing up the opportunity. Dillon describedthe transitionfrom private practice to serving as District Attorney as an "enlightening experience." For some one used to working in a firm, it was a new experienceto handle 40,000 cases per year, supervise 88 lawyers andbe responsible for a staffof 175. J. But he has felt some bumps along the way. As District Attorney, he has seen thenumber of cases his office handle dramatically increase while thenumber of lawyers has remained constant. This has put more pressure and a larger workload on him andthe attorneys in the office. Sometimes he is forced to keep secrets, which can bevery difficult. While the community reacts to perceptions, much of whichdictatedby the media, he must dealwith realities and facts which aren't widely known. Hefeels that theway that themedia sometimes treats public officeholders has deterred a number of people from seeking public office. He believes that theoverall quality of public officials will suffer over time. One of the reasons the mediaposes such problems is thatit isn't accountable for its actions like public officeholders are. Heespecially dislikes reporters who are so eager to be thefirst to break a story that they don'tbother to check thefacts. Someevenrefuse to admit error when the story ortheal legationsreported are proved wrong.However, he admits that tin.' media has basically treated him fairly. Now thathe's adjusted to the change Dillon explained that his position has given him a "much broader perspective on the community." As a result, he has learned a lot about the people and what goeson in the community, both good and bad. He uses his knowledge and insights for his students' benefit. Dillon currently teaches Criminal Procedure at thelawschool in the Spring. The position which grew out of a dinner with then-Dean David Filvaroff where Dillon said that he wouldlike to teach in the last years of his career. When a teaching vacancy openedup a few months later, he decidedthathe wanted to try it. Teaching at thelawschool hasbeen a fulilling experience for Dillon, who describesit as wonderful in two respects: (1) it giveshim the opportunity to escape the pressures of being District Attorney, both in the classroom and while he is preparing for class; (2) ithas made him a better lawyer thanhe has ever been (it has helped him to compensate for his lack of appellate experience). Dillon described teaching at the law school as being a fulilling experience. He saidit giveshim the opportunity to escape thepressures of being District Attorney, and it has made him a better lawyer. SecDILLON onpaneS ... �THE OPINION 8 The Roaming Photographer FEATURES GroupSpotlight: PhiDelta Phi Legal fraternity under crush to rush eludedfrom jotning during theirfirst semester, they can be initiated as a push to breathe new life into its membetshi proster. by John Gasper, PhotoEditor Second-and third-yearlaw students who want to rush the sell- .. described nation's oldest professional fraternity must be wt 1ling to take an activerole In rebuiIdi ng the UB Law chapter. Phi Delta Phi's local chapter, known as an "Inn," only has eleven members. Fraternity Vice-President Jay Kalasnik envisions thisyearbull ding astrong foundation.for the t raternity. The UB Inn was incorporated 100 years ago. Kalasnik said the group puts onsocialactivities and serves the com munity and school. Among other things, the group is assembling a panel of fraternity alumni lawyers jndjudges to speak This week 's question is. What do you think ofthe basement's condition? DavidFallace,lL "/ have been asked a couple of times to walk down with them [women]; it's a shame they cannotfeel safe." October 12, 1994 commi ttedstadents," Kalasnlksaid. Buffalo City Court courtroom. Kalasnik described it as "a formal ceremony.":Alum ni who are on the benchask you to n iake commitmems "lam currently working with the SBA to improve theconditions downstairs. I never leave someone in the basement alone." group just [your credithours as] H % you 'reprobably in the running." J ■>« Carl Rohlini theacadcrn-, j i,,;;v;mmmmYftmffl-i-;raia3i : .;.: ,.;:■:■:-: ■:■: -:■;-:,-,: ,:-:■:■: -:. ,:■:,:■:■:M According to Inn President Carl Rohling,"i.f you haveaquarter of (your credithours as] H"s, you're probably in the running." Besides PrueFung, 1L "I feel the basement is very unsafe atpresent. I did not get a locker for thatreason. There should be some improvements made." the academic requirement, the groupconstders workandother ac- naie people or prevent Dillon, JudithFoster, 1L "I think it is very creepy and spooky. I do not feel safe when I am forced to go down there to get my books." Until next time. .- attheUmver- [g Stty^^MlCh- Law lgan School "to promote a higher standardof professional ethics and culture." The list of ahiinnt includes names like Cardozo, Prosser, and Roosevelt (both Theodore and FrankUn). Five of the nine US. Su- people from joining,"Kalasnik said, "but wedo want people to take the fraternity seriously " Although IL's are ex- •. ;,'. JeanBrennerof Phi Delta Phi tabling Wednesday. Membership in Phi Delta Ph yields such perks as stu&nt loans scholarship awards, undafraternity creditcard. Otherprivileges include an i nternat tonal exchange program asststancein jobplacement, andba review discounts. The real benefit members claim, comes from shown your resume ing mem. "Inere are a lot of Phi Delta Ph members out there," according t< KaJasnick "Ifyou have a quarter of ment. f>\<Join - The grouprequi res a $60 initi jtion fee. The entire fee is paid directly to the uaiional fraternity The UB Inn's activities are supportedby fundraisingandSßAmoney. Fraternity members also hob nob with members from other law schools. RohiingandKalasnikwent to Toronto on Sept. 10 to represent and three Canadian schools. plan to return to Toronto on Nov. 4 for the next one. "It'sagreat George J. Hamboussi, 1L ■Phot excellence in the profession. largest law fraterruty- The academic honor of beinj inducted coupled with the commit ment each member pledges to up holding legal professional traditioi makes the connection potentially profitable. "In the long run,' Kalasniksaid, "there will always tx a segment of the profession wh< would prefer the more traditiona reputation." Roh'iotj ;:rgt t ti rested stu dents tostop by Phi Delta Phi and asl current members why they joined The grouphas an of ftcc m Room 9 ;indRohling' s box is #507. "Besides it's just a connection to have whet vnu'tcout there,"Kaiasniksatd"Jr kind of like running into sorhebod; who grew up in the same hometowi as you " .ll;?:™IIllllll:i : continued frompage seven He also described it as challenging. "It's not easy to teach in front of a large class," he said. He said that his students are very bright, forcing him to prepare better for classes. All in all, he enjoys teaching and is glad that he decided to take the opportunity. Dillon commented that it is sometimesdifficult for law students jobs in theBuffalo area, because the general population in the area has levelledoff whilethe number of attorneys has increased. The legal community has become economically depressed and it is no longerthe case that everyone can get some kind oflegal job in the area after graduation. Dillon stated that the legal profession is no longer a "pick and choose industry" and that students have to be "realistic and open-minded." "Ifyou can get ajobopportunity, take it," said Dillon, adding that it is easier to get another job if you already have one. He expressed his opinion that UB Law does an outstanding job teaching students to think logically and objectively "the way good lawyers should." "The best lawyers are those that can pick up a file and go to either sideof thecourtroom," Dillon said. While law schools cannot teach students everything about being a lawyer, UBLaw does a goodjob. Our trialbaris consideredby many as the best in the state. Dillon expressed distress over the way he sees attorneys making enemiesofotherattorneys as a result ofa case. He sees taking representation and litigation personally as bad and unnecessary. Dillon joked that he has made more enemies as a result ofhis inability to hire people than from the 40,000 caseshisofficehandlesevery — year. Whilehe wouldlike to hire as many promising attorneys as possible, he has to make difficult hiring decisions. In general, helooks for loyalty, a good work ethic, and a good academic background. The attorney has to be a team player and be willing to abide by decisions made at the top. Common sense and a sense ofhumor are also requisites. Dillon said that too many attorneys take themselves too seriously. Finally, applicants must be able to handle pressure and a large work load. Dillon says that he isn't sure what he'sgoingtodointhe future. He might continue to serve as District Attorney, but he also leaves open the possibility ofpursuing other opportunities, such as serving as a judge. But, hesaid, his only concrete, future plan is to spend time with his wife and his three daughters. It's not too late to join The Opinion! Editors, reporters, photographers, graphic artists, advertising reps and production assistants are always needed. Call 645-2147 for more information. �October 12, 1994 FEATURES THE OPINION 9 Review: McLaughlin group predicts football wins, Cuomo loss McLaughlinended thediscussionby askby Leslie P. Machado, columnist two Approximately 1,700fans of thenationing questions: whetherAristide's lifecould talk show "The be ally-syndicated protected upon his return and whether he McLaughlin could restrain his supporters from exacting Group" flocked to AlumniArenalastWednesrevenge. He added, in response to Clift's day night for a chance to view a live performance ofthe popular show. They did not come remark that Aristide has said he will not remain leader past the next election, "dream away disappointed. During the lively 90-minute debate, thepanelists traded jokes,barbs, on!" quips and theirviews on topics from theU.S. Turning to the racesinCongr ess, Fineman involvement in Haiti to Bill Clinton's sagging said that the Democrats were in a state of popularity to variouselectoral races throughpanic, likening it to "a bunch ofmice scurrying out the county. for the corner." Clift said there was a general Leading the discussion was host John anti-Washington moodpervasive in thecounMcLaughlin, former Washington editor and try and that it was not solely directed towards an assessment that the other columnist for 77ie National Review. Joining Democrats him were regular panelists Eleanor Clift, a panelists vociferously disagreed with. Barnes contributing editor for Newsweek and Fred said the anger was solely directed at DemoBarnes, senior editor of The New Republic. crats and Liberals with McLaughlin citing Si tting in for the evening were Josette Shiner, nine key Republican victories since Clinton managing editorof TheWashingtonTimes, and took office, including mayoral victories in Howard Fineman, Newsweek's deputy bureau New York City and Los Angeles. chief.Atall times, however, itwas McLaughlin With respect to specific races, three of whohad the spotlight and the audience's attenthefive panelists felt incumbentTed Kennedy tion. would retain his seat although McLaughlin During the course ofthe evening, he took predicted challenger Mitt Romney would win playful jabs at absent panelist Jack Germond "in a big upset, in a race we'll be talkingabout as well as Marion Barry, Hillary Clinton, the for some time." McLaughlin predicted winners in several other races including Frank present panelists, lawyers, and used-car salesmen. He also predicted that the Bills would Lautenbergi nNew Jerseyand Oliver North in beatthe Dolphins and that theU.B. Bulls would Virginia. defeat Colgate, all while finding time to lead Shriver added thatTom Foley couldbe in a lively discussion. troubleandnoted thatRoss Perot had urged his The panelists' views on the numerous followers to vote Republican. Clift predicted topics were widely variedand they did not shy thatthe Christian Right wouldhave an impact away from making bold predictions. On the on several races. Four of the five predicted the Republitopic of the United States in Haiti, Fineman said"at best, it's a no-winsituationfor Clinton" cans wouldwin seven seats and gain controlof whileShiner said thatthe UnitedStates could the Senate (with Clift the lone dissenter); not solve the present problems; only theHaipredictions as to whether the Republicans tian people could. She added that Aristide's could gain control of theHouse ranged from record as a democrat was dubious at best. Clift zero (Fineman) to 50-50 (McLaughlin). said that theU.S. should support Aristide beFineman added that "the simple fact is they cause he was the elected leader. (the Democrats) are going to get clobbered." — , The nationally-syndicatedtalk show "The McLaughlin Group," entertainedUB studentslast Wednesday atA lumniArena. The highlight ofthe evening came when second-year law student Paul Antonowicz asked the panel,"in theNew York Governor's race, ona scalefrom zero to ten, with zero being none and 10 being metaphysical certainty, whatis the probability ofMario Cuomo being defeated?" The question was similar to those that McLaughlin asks on his show and prompted him to tellAntonowicz that hewas destinedfor greatness. After the program,Antonowicz said thathehas been aregular viewerofthe program for eight or nine years, mainly "because John is hysterical." He said that while he was interestedintheNewYork gubernatorial race, "the question was a vehicle to use the 0 to 10 scale." McLaughlin also invitedAntonowicz to a live taping ofthe show in Washington. In response to thequestion, McLaughlin said it was "Apocalypse Now" for Mario and predicted challenger GeorgePataki would win barring a miracle. Clift put the number at six, Fineman 6.25, Shiner 6.26 and Barnes eight, saying "no single state in this country is willing to endure more than 12 years ofCuomo." Asa closing question, McLaughlin asked the panel if Clinton would face a primary challenge in 1996and if he would step aside at thebehest of theparty leaders. Barnes saidthe challenge would come from the left, tabbing Jesse Jackson as a likely candidate. Cliftsaid Bob Kerry wouldrun against Clinton, a choice that Fineman agreed with. Shiner said Cli nton might step aside if he felt he was vulnerable. As always, McLaughlin had thelast word. He predicted challenges would come from George Mitchell and Jesse Jackson and said that Clinton wouldstep aside, leaving Al Gore to lead the ticket. MPRE LECTURE Presented by STANLEY D. CHESS wmtmmmu^^B^a^t^ Date: • lf\|• President, BAR/BRI Bar Review More people take BAR/BRI than all other bar review courses combined. And more people take BAR/BRl's course on the Multistate Professional Responsibility Exam (MPRE). %* ™ BAR REVIEW Wm m \ # I 1 m\fm 1 fll^l m*kf\ "jl I Jm m m Place* x\i.ci.ye« room3o& ' '"' The Nation's Largest and Most Successful Bar Review 1500Broadway, New York, NY 10036 • (800) 472-8899 20 Park Plaza, Suite 931, Boston, MA 02116 • (800) 866-7277 _ TIHIG2 For all second- and third-year students currently enrolled in law school and enrolled in the BAR/BRI bar review for New York, New Jersey or any New England state, all you need do to take the MPRE course is complete an MPRE course application.No additional money beyond your $75 bar review course registration fee need be paid. For non-BAR/BRI students, the cost of the MPRE course is $75. mm±m «. "'■ ■■■■■■■■■■■■■■■■■HIHI �October 12, 1994 10 NEWS THE OPINION CDO heat: BRIEFS public and private settings Students learnabout , byDanielaAlmeida-Quigg,.Reporter Transcripts available fora feeat Capen Unofficial transcripts are once again available at Capen Hall. In a reversal of policy, UB Law students can once again avail themselves oftheconvenienceof getting a transcript on demand; however, a fee of $2.50 will now be imposed on each request. Due to a change in university computer programs, a newpolicy had required law students to request transcriptsonly from A&R. Law students may still receive up to six free unofficial transcripts from A&R. These transcripts must be requested on Mondays for pickuplater in theweek. New SUNY chancellor appointed TheBoard ofTrustees of theState University of New York have appointed Thomas A. Bartlett as new chiefexecutiveofthe 64-campus SUNY system. Bartlett comes to the SUNY system after a distinguished career withinNew York, Washington, D.C and overseas. He recently retired as chancellorof the Oregon State System of Higher Education. "This is a superb appointment for the State University of New York," said UB President William R. Greiner. "Dr. Bartlett is an extraordinarily skilled, experienced administrativeofficer with background at a range of universities and a national and international reputation." Bartlett's selection came after a nationwide search that considered more than 150 candidates. The process began last March after Chancellor D. Bruce Johnstoneannounced hewas retiring due to health reasons. The SUNY system has had 11 chancellors or presidents in its 64 years. SUNY educates400,000 students on 64 campuseseachyearand is one of the largestpublic university systems in the country. Public interestlaw teleconference held "Law Students need to pay more attention to the real world; read the paper." That's what one panelist recommended to law studentsall overthe country during a nationally-televised panel about public interest law held at UB last week. Only a handfulof studentsattended the teleconference, which was designed to show studentshow to find out what opportunities existed in public interest law. The event, which was held from noon to 2 p.m. on Oct. 3 in Spaulding Quad, was sponsoredby theAlliance for Justice. The intentionofthe Alliancefor Justice was to form a nationwide gathering ofschoolsand professors. More than 100 schools were tuned in to the event. Panelists included lawyers practicing in human rights, environmental law, and gay and lesbianrights. The speakers discussed such topics as therealities of jobhunting, how to get the most out of your law school, how to get your school to provide more for you in your areas of interest, andhow to findyour niche in law. Audrey Koscielniak, director of the CDO, attributed the low turnout to thepoor timing and locationof the event. It was a "busyclass day," she said. She explained thatshe had no control over thetimebecause it was a nationally televised show put on by the Alliance for Justice. She explained that the event was scheduledto coincide withthe beginning of the U.S. Supreme Court's new term. She added that, inAugust, she was forced to move the event to 252 Spaulding, "which is at theother end of theworld for law students." However, Koscielniak said that students who were unable to attendthefirst showing will haveanother opportunity to watchtheshow. She said theshow was recorded and will beavailable to interested students atsome future date, tentatively set for 3:30p.m.Thursday, Nov. 3. She added thatwhentheshow is replayed, the CDO will try to bring in some local lawyers to answer specific questions for UB students. by DanielaAlmeida-Quigg, Reporter — ! Point ofInformation \ Q: What is thepurpose of thiscolumn ? A: The purpose of thiscolumnis to answer all those questions that law students have about life at UB Law but were afraid to ask. Like, who'sthat weirdguy that hangs around in thebasement or whatthehell are those greek columns doing at Baird Point? You get the idea. Place your questions in box #280 do Peter Zummo, Managing Editor. Write us because inquiring law students want to know! The Career Development Office kicked offits season with a twoday seminar on law practice settings sponsored by the Graduates of the Last Decade(GOLD) group, Wednesday andThursday, Sept. 21 and 22. About 70students, mostly firstyears, attended. Some issues discussed included: hiringpractices, types of clients, the typical working day, litigation versus counseling, and the all-important starting salary. Private Practice Edward Jozwiak,a graduate of the class of 1988, talked about his experience at an in-house practice specializing in land development. In-house, heexplained, providedhim with the opportunity to be a major part of a case from the planning stages ofthedeal through itsfruition. He appreciated the steady paychecks and benefits, flexible hours and not having torun after clientsfor business.Theabudanceofclient was the only downside. Class of 1993 graduate Natalie Lesh is at a small firm where she began working as a clerk. She said — SBA Meeting, she prefers the greater court time and responsibility thatshe says she never could have gotten at a big firm. The downside to her job, however, is that nagging paycheck issue and the need to hustle to bring in clients, she said. Judy Shanley, a class of 1992 graduate, defendedherchoice to work in a large firm. She admitted that everything the first two panelists had alleged about the "big firm attitude" was true. She saidthatshe did have to hi 11 thousandsof hoursand didn'tsee any court time. The excitement of having interesting clients, and learning from the experts she works with makes it worth it though, she said. Studentsattending saidthepanel provided useful information. "I felt that this panel was helpful in thefact that they really put thefirst year inperspective for me," said Linda Harradine, a first-year law student. "By explaining the classes they took and what we need to get out of them, they have taken a lot of stress out of the first year for me." conlinued from page three sentation outlineda proposal which mitting a letter to the SBA, emphawould permit The Opinion to retain sizing the organization's achievements and goals and to give greater all or a portion of thead revenues it detail as toits membership and their generates and budget an annual subsidy for start up costs. plans for the school year. Beadle said that the proposal The Opinion has obtained acopy oftheletter. Itasks the SBA fund the wouldincrease the independence of society at a level consistent with its the paper, preserve the freedom of thepress and give it an incentive to membership. generate revenue. Dwyer said that he would conJewett and the class directors tinue to assist the society in its efforts for funding. The issue of the expressed skepticism as to whether Society's budget was scheduled to Sub Board, theSßAConstitutionand be addressed at yesterday's SBA theSBA's by laws wouldpermit that sort ofarrangement. Objections were meeting. also made that the proposal seemed Inother business, theSßAßoard to The Opinion something for Directors give of voted 17-0-1 tooffer the nothing. Dwyer suggested that a RecreationalandIntramural Servicmore detailed proposal be worked es Board a three-year contract inout for a later meeting. SBA creasing thefee the pays for law At an informal session on Oct. students to have access to Alumni 4, Beadleand Editor-in-Chief Evan Arena to $12,000 for the first year, Baranoff a revised propospresented with three percent increases for the al that involved two separate motwo remaining years. [See story on tions. The first was for a Constitupage one] The SBA also approved the tional Amendment to prevent the appointments of Jeff Weiss and Jen SBA from cutting off funding in reTeneburso as social chairs 19-0. taliation for criticism of the SBA. Weiss andTeneburso are volunteers The second was a revised proposal to permit The Opinion to retain or roll whoassist theSBA in planning, setover any ad revenue over and above ting up and publicizing SBA funcwhatis neededto reimburse theSBA. tions. Dwyer pointed out that this At theendofthe Sept. 27 meetwould not solve all the problems of ing, the SBA listened to apresentation from Peter Beadle, production SBA control, since four officers would still have to sign off on each managerofThe Opinion. The pre - Thankyou! "Quote" of the Week "Maybewith stronger student input, we can do something. " — Marie McCleod on thepossibility of improving safety in thebasement. See story on page three. Public Practice William Jemmott, class of 1990, spoke about the Legal Aid Society, an organization which offers representation and legal advice to clients who normally would not have the money to hire private counsel. The other panelist, class of 1987 graduateBrian Mahoney, talked abouthis experience at the ErieCounty District Attorney's office. Both panelists statedthat their most helpful classes in law school for this area of work were evidence and trial technique. Students said the public practice panel was informative, although they didhave some complaints. "I suppose it was helpful in the sense thatyou got a better picture of what the different agencies are responsible for," saidLen Opanashuk, IL, "except that the setting could have been a little more informal since we were such a small group. Audrey Koscielniak, director ofthe CDO,saidshewas very pleased withboth the speakers and the turnout. "I am so glad to see that the lLs still have enthusiasm," she said Dean Tom Headrick (seen above, L) presented Camille Catalano, Joyce Farrell, Sue Martin(seen above, R),and Marie McLeod with 20-yearpins andAnne Gaulin, Sharon Hassett, Linda Kelly and Barh Premielewski with 10-year service pins at a luncheon on Sept. 28 to honorthelaw school support staff. expenditure. The SBA was to consider theseproposals at yesterday's SBAmeeting. On Oct. 4, theSBA also heard proposals from 1LDirector George Hambousssi to increase security in the basement of O'Brian Hall. Among theideas he expressed were installing a phone with a direct link to public safety, security cameras, andposting signs warningpeople not to go into the basement alone. A petition campaign for improved security measures was also discussed. The proposals were to be addressed at yesterday's meeting. [See related story page three] Also on Oct. 4, Erik Larson of the Christian Legal Society spoke with the S.B.A. regarding recognition. The Society had asked to be recognized last year, but effortsfoundered upon a dispute over therequirement thatall voting members of the Society sign a statement of faith. The S.B.A. felt that this violatedthe S.B.A. Constitution while the Society felt it was essential for the integrity of the Society. Recognition will also be discussedat today'smeeting. Userfee, continuedfrom page 1 Vice-Presidentof Student Affairs Robert Palmer repeatedly refused to return calls to this reporter and failed to issue any comment regarding the agreement or thisarticle. SBA President Ben Dwyer is satisfied with the compromise that resulted from the "long, arduous negotiating process" and feels that, overall, law students got what they wanted. He saidthat the user fee plan was abandonedoncetheadministration realized that increased contributions from student groups were "the best it would get." He added that it "is a good deal and law students should take advantage of the services" they are paying for through theSBA. All parties agree that when the three-year agreement expires, an effort to renew it will be maderather than reviving the user fee proposal andtheaccompaiiyingcontroversv. �October 12,1994 THEOPINION 1 - FRIDAY. OCTOBER2I SUNDAY. OCTOBER 23 for first-years. Room 106. THURSDAY. OCTOBER 13 THURSDAY. OCTOBER2O 4:00 p.m. NAPIL Public Interest Law Career Fair: GOLD Group lecture: Getting Your Foot in The Fair will be held at American University in theDoor-Apresentationprovidingjobsearching 5:30p.m. SUNY-Binghamton Washington,D.C. be Biehler Alumni Reunion: information. Speakers will Michael (Tops Markets) and William Altreuter (Altreuter & SUNY-Binghamton Alumniare invited to attend a Habermehl). Room 109. Sponsored by the GOLD gathering at the Buffalo Brew Pub, located at the corner of Main and Transit. TUESDAY. OCTOBER 25 group. THURSDAY. OCTOBER27 OCTOBER FRIDAY. 21 OCTOBER FRIDAY. 14 6:00 p.m. & 8:00 p.m. p.m. 4:30 Desmond: Preliminary rounds for Desmond 5:00 p.m. Happy Hour at The Marriott: Food, drink Moot Court Competition. Desmond Briefs Due: Final Desmond Moot and merriment. Sponsoredby TheFederalist SociCourtbriefs due. UPCOMINGEVENTS: ety. MONDAY. OCTOBER 17 SATURDAY. OCTOBER22 OCT. 27: Happy Hour for Desmond participants. 2:00 p.m. 8:30 a.m. 2:30 p.m. CDO: Mandatory CDO Orientation meeting 1994JaeckleAwardLuncheon and Alumni for first-years. First-years must attend one manda- Election candidates forum and reception. on New Tory meeting (either today's or Wednesday's). Convocation: Panel speakers will focus York's new Family Protection and Domestic VioRoom 106. NOV. 3: lence Intervention Act of 1994. Speakers include - Alumni Student Happy Hour Mixer. andmejudicial OCTOBER 19 from representatives prosecution, WEDNESDAY. dia viewpoints. UB Center for The Arts. SponNOV. 2-6: Law Alumni Associsored by UB and the UB Law - International Law Student Association 3:30 p.m. national meeting. CDO: Mandatory CDO Orientation meeting ation. ■ - - ATTENTION: ALL LAW GROUPS!!! Save your chalk. Advertise your meetings and events on The Opinion's "Docket" page! The Student Bar Association Wishes to Thank the Following Community Service Day Volunteers for Coming Out to Help Habitat for Humanity Last Saturday: , Thomas Byrne Jason Caruson Jonathan Chui Suzanne Cristo Steven Dietz ~ Ben Dwyer Ed Elder David Fitch Andrew Freedman JimGerlach Seth Hibbert Joanne Howlett Martini Iwala Bruce Karpati Events between Oct. 25 and Nov. 8 will be published in our Oct. 25 issue. Submissions are due Oct. 21. Events between Nov. 8 and Nov. 21 will be published in our Nov. 8 issue. Submissions are due Nov. 4. Events between Nov. 21 and Dec. 6 will be published ih our pre-Thanksgiving issue. Submissions are dueNov. 18. Events that will take place after Dec 6 (including final week) and events that will take place early next semester will be published in our final issue: Dec. 6. Submissions are dueDec. 2. Place all submissions in box 10. Please include with your submissions the name ofa contact person and their box number and phone number. We look forward to hearing about your - More SBA Party Photos! ... Molly Kocialski Bari Levant Shawn Luther Les Machado Nelson Mar Tom Mercure Catherine Nugent Carolyn Pratt - Helen Pundurs Karen Richardson Alexandra Rivas JillTuholski Susan Van Gelder David Wright Special Thanks Also to Santoras and Wegmans for their Generous Donations of Pizza and Soda Pop for the Community Service Day Volunteers' Lunch events! The Opinion Mandatory Editorial Board meeting Thursday at 3:30 p.m. in the office, room 724. ' Reporters\Photographers meeting Thursday at 4:30 p.m. in the office, room 724. . .... • , , , , , , „ ~ ~ , ~, v trim itbecause itwas toolonganaunsigned Personal-! shouldbe one-linersand iJearX, wedtdn even though we It run them withouta name, we need to know that it sheurtea.e in again! *, j. ThanksJohnandLesa! M ( on « i«™. g-ratiilatuinsSue andPeter! No, ■■ CO. ll\ou-re readme ,Ins. thankyO,I. -Iheanti-establishment ¥vH wye you. -F yournttp. >ennu. Jennie Itnanns hantes jar farvnur hrfn ttlavevaul r. A.Y.G., PatrickHenrynw.itbe turningaverin his gravel-persistent „ HevFrenchv. whatever yon said, thank. r; fc Mheuom: w co„idhr hm „„ t„ Bumhi, wan h »here you re „ „„„, vo,nenext time!.'! Stewn,Daniela, Shelley, Mike, Rasanna. Michael, Martini, I es, Hoh.lessua, ToFTenchyandThehig'O*. what dayis h ' leu. Great job.'Thanks. You know who volt are: Andtfvou do. yon reparanoid: personalsare FREEH! Place yourpersonals in box It "* mightprintit. ' -■ Thank.''' 10and we �October 12,1994 THEOPINION 12 (hfflibri BAR REVIEW m 1500 Broadway • New York, New York 10036 • (212) 719-0200 • (800) 472-0899 ****BAR REVIEW SCHOLARSHIPS**** Dear 1995 Law School Graduate: Recognizing the financial hardships that graduating law students face, BAR/BRI Bar Review is offering need-based scholarships to help selected students defray the cost of bar exam preparation. BAR/BRI Bar Review will award up to $150,000 in scholarships of varying amounts up to $250 each, to be applied toward current BAR/BRI tuition, including any early enrollment discounts. Interested applicants must submit a letter indicating their law school and describing their financial condition as well as any reasons why a scholarship is deserved (amount of loans, commitment to law, etc). The applicant must not have a commitment for full-time employment with a salary of more than $30,000 following graduation from school. The applicant further agrees to renounce the scholarship should he/she receive a commitment for full-time employment by May 15, 1995. Your letter should be no more than one singlespaced typed page and should be returned to the BAR/BRI New York office Attention: Scholarship Committee, by October 31, 1994. Students will be notified of their scholarship award by the end of November. - These scholarships are not assignable and will only be honored for the bar review course in New York, New Jersey, Connecticut, Massachusetts, Maine, New Hampshire, Rhode Island and Vermont. Please specify in your letter which state's BAR/BRI bar review course you are planning to take. � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Opinion, 1994-10-12 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. Opinion Vol. 35 No. 4 Date Issued Date of formal issuance (e.g., publication) of the resource. 10/12/1994 Bibliographic Citation A bibliographic reference for the resource. Recommended practice is to include sufficient bibliographic detail to identify the resource as unambiguously as possible. 35 4 Publisher An entity responsible for making the resource available University of Buffalo State University of New York at Buffalo Law School Language A language of the resource eng Type The nature or genre of the resource Newspapers Text Is Part Of A related resource in which the described resource is physically or logically included. LIB-LAW003 Rights Information about rights held in and over the resource <a href="https://rightsstatements.org/page/CNE/1.0/">COPYRIGHT NOT EVALUATED</a>. The copyright and related rights status of this Item has not been evaluated. Please refer to the organization that has made the Item available for more information. You are free to use this Item in any way that is permitted by the copyright and related rights legislation that applies to your use. This digital collection is made available for research and educational purposes. Researchers are responsible for determining copyright status, and securing permissions for use and publication of any material. Copyright for items in this collection may be held by the creators, their heirs, or assigns. Researchers are required to obtain written permission from copyright holders and the University Archives prior to reproducing or publishing materials, including images and quotations. For inquiries about reproduction requests and permissions, please contact the <a href="http://library.buffalo.edu/archives/">University Archives</a>. If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/551c5f6cea88e55264c8e6bb23b703e6.pdf 41c048f7a7c605ab19978443787d96d1 PDF Text Text Extra! Special SBA Election Results Issue Bringing the issues to thestudentssince 1949 THE OPINION Volume 35, No. 3 September 28,1994 STATEUNIVERSITY OF NEWYORKAT BUFFALO SCHOOLOF LAW Law students elect their class directors Sixrepresentatives chosen by each class 1994-95 SBA Class Director Election Results by JosephBroadbent, NewsEditor Law studentsfrom each class voted last week to elect theirsix Student Bar Association representatives. SBA class director elections were held from 9 a.m. to 4 p.m. Wednesday and Thursday outside the law library. Approximately 48 percent oflaw students, 342 of 771, votedlast week. This figure reflects the large first-year turnout —nearly 70percent offirst-years voted, as opposed to 43 percent of second-years and lLWinners 2LWinners 3LWinners Mercedes Lindao (70) GilMichel-Garcia (70) VeronicaRodriguez (68) TomTrbovich(6B) GeorgeJ.Hamboussi(63) Catherine Nugent (62) John L. Leifert (76) Nancy Stroud (32) Rob Kitson (30) *Kevin Joyce (15) *Bob Callahan (14) Brian Carlan (14) *JoeKresse(l4) Sandy Fazili (70) * Kathy Campbell (22) *EmiliaChernyavsky(22) * Dan Werner (14) *RedaAustin (10) "* I I I I only 21 percent ofthird-year students. lLrace () First-year students elected Mercedes Lindao (70 votes), GilMichel-Garcia(7o votes), TomTrbovich (68votes), Veronica Rodriguez (68 votes), George Hamboussi (63 votes), and Catherine Nugent (62votes) to represent their class in the SBA. First-year turnout was high as nearly 70 percent cast their election ballots. The following are excerpts from statements whichthe candidatessubmittedto The Opinion prior to the election: Mercedes Lindao said she will "dedicate [her] time to becoming] informedand to ng] theissues that are important to all [first-years]." Gil Michel-Garcia described himself as not being afraid of speaking his mind. He bluntly statedthatstudentsshould vote for him "because Gil has no idea what being a student representative is all about."He added, however, that "none of theothercandidateshave any idea either." Newly-elected Class Director Tom Trbovich said he will be "easily accessible, approachable and actively seeking input." He said he intends to fight the proposed Alumni user fee. Veronica Rodriguez statedthatshe would help improvethe quality of thevarious student organizations as well as strengthen connec- tionswith alumni. George Hamboussi said he intends on addressing problems such as parking and student safety as well as advertising thevarious student-alumni programs which are currently being offered. Catherine Nugent expressedher desire to work on issues such as parking, the newcurriculum and theAlumni user fee. Write-incandidatescarried theday in the elections for second- and third-year class directors. 2Lrace The second-year race was characterized a by moderate turnoutof 43percent of eligible voters. Elected were the two official candidates, John Leifert (76 votes) and Sandy Fazili (70 votes), and four write-in candidates, Emilia Chernyavsky (22 votes),Kathy Campbell (22 votes), Dan Werner (14votes),andßeda Austin (10votes). After the election, JohnLeifert expressed concern over student apathy concerning the SBA's work and promised to try to "bring B I * signifies a write-in candidate signifies number ofvotes received students back into the process." He also said he wants to improve the low regard UB Law School receives compared tootherlawschools. Sandy Fazili saidhe plans to workactively onchanging the grading system; increasing communicationbetweenstudentsand faculty and trying to "redeem [the SBA's] integrity after last year's fiasco." Emilia Chernyavsky stated thather biggest goal is to get thestudents to "worktogether" to solve problems which face the law schoolandalso expressed herintentiontohelp thejournals and organizationsimprove thelaw school experience. Kathy Campbell saidsheseestheSßA's role as one of "a liaison between the student body and theadministration[which] presents issues of concern to the administration and helps to work out a compromise." Dan Werner said he wants to give more priority to student organizations, which would encompass funding student groups more and using fewer funds for SBA parties and other activities that"don't directly relate to the law school." Reda Austin could not be reached for comment. 3Lrace Fifty-four third-year students, only 21 percent ofall third-years, came outtovote for their class directors— only two ofwhom were listed on the ballot. The new class directors for the class of 1995are Nancy Stroud(32votes), Rob Kitson (30votes), Kevin Joyce(ls votes), BobCallahan (14 votes), JoeKresse (14 votes), and Brian Carlin (14 votes). Stroud and Kitson were official candidates; the others were write-ins. In a post-election statement, Nancy Stroud expressed herintention to "re-establish the group cohesion that was missing from last year['s SBA]" and to focus on group concerns rather thanindividual ones. RobKitson saidhe wants to try to "return the SBA to its limited function of allocating fees and working on SBA concerns" and to fight theproposed Alumni user fee. Bob Callahan stated that his main goal was to ensure "that this year's SBA does as much or more than last year's." The otherthree third-year class directors could not be reached for comment. A look at some of your new SBA representatives MercedesLindao, 1L GUMichel-Garcia, 1L Veronica Rodriguez, 1L JohnLeifert,2L SandyFazili, 2L Kathy Campbell, 2L TomTrbovichJL George Hamboussi, 1L EmiliaChernyavsky, 2L Dan Werner, 2L Photos of3L winners Kitson, Joyce, Carlan andKresse were not available atpress time. CatherineNugent, 1L Nancy Stroud, 3L Reda Austin, 2L BobCallahan, 3L �THEOPINION 2 September 28,1994 PIEPER BAR REVIEW WANTS YOU T0... Be a Winner! (*)»3 i all Ist. 2nd or 3rd years: I Pieper NY-Multistate Bar Review is looking I for a few good persons to be representatives at your I law school. If you're at all interested, give us a call. I CALL 1-800-635-6569 I Work on earning a free Bar Review course. I COME JOIN THE PIEPER TEAM!!! �EDITORIAL September 28,1994 ~„ , Volume 35, No. 3 THE OPINION 3 . c . OQ Iftn 28,199 September Founded 1949 Peter G. Zummo Evan C. Baranoff Editor-in-Chief Managing Editor EDITORIAL: Break our chains Law students' freedom ofthe press is at stake from governmental press, free You, the law students, deserve to have an unfettered restraints, to cover StudentBar Association activities. Currently, theSBA hasThe Opinion underlock and key. The SBA's current budgeting system makesThe Opinion totally dependent on theSBA forfunding. F.ach year, theSBA loans approximately $8.000 to The Opinion. TheQpinionis then required to surrender all advertising revenue it generates to the SBA, an amount sometimes in excess of the initial loan. Additionally, The Opinion must get SBA approval for all expenditures. By controlling the purse, theSBA has theability to sanctionThe Opinionwhen opinions are expressed which run contrary to its interests, and unfortunately this power has been exercised on multiple occasions during the law school's history. As recent as last year, the SBA president attempted to influence our coverage and editorial policy. Last year's president waspresent at several production nights to ensure that he was treated "fairly." Two years ago, according to formerEditorial Board members, after generating more than $5,000 of advertising revenue, The Opinion EditorialBoard had to beg the SBA for money to publish its final issue because its loan money ran out. What if they said no? Countless times during the 1980s,the SBA hasusedits power to sanctionThe Opinion. (Please read the excerpts ofpast editorials andstories reprinted in this issue.) The list goes on and will continue to go on unless something is done to protect theFirst Amendment interests of law students. SBAPresidentBen Dwyer hasassured The Opinion that hisadministrationwould never sanctionThe Opinion for views expressed in the newspaper. We don't disbelieve him, but we oweit to thefutureof ournewspaper to ensure thatless enlightenedSBA representatives don't abuse theirpower. A system must be put in place whereby The Opinion is (1) free from governmental restraintand sanctions, (2) guaranteed SBA subsidies and allowed to utilize its advertising revenue, and (3) allowed access to its funds withoutSBA approval and red tape. The policy requiring The Opinionto surrenderits advertising revenue to theSßA is unfair andmustbe changed. No otherstudent group is expected to pay back the money it's funded. Moreover, since The Opinion has no incentive to generate advertising revenue, we have become unnecessarily and dangerously dependent on SBA funding. In our last editorial, The Opinionwas highly criticalof the SBAnewsletter. Thateditorial hascaused some SBA members to become rather unhappy withThe Opinion. We hope that thesefeelings do not translate intoopposition to our request. If this does happen thenit would confirm our worst fearsand demonstrate that, already, The Opinionhasbeen sanctionedfor speaking out against what we see as government excess. The Opinion represents the only check on your student government. We are the watchdog of theSBA. We must be free to cover the SBA without fear ofretaliation through theSBA's budgetary power. Further, you the students must demandthisof your government. Without true freedom of the press you can never be certainofhow your interests are being served by yourrepresentatives. The American Civil Liberties Union guidelines on "Academic Freedom and Civil Liberties of Students in Colleges and Universities" states: "All student publications college newspapers, literary and humor magazines, academic periodicals and yearbooks should enjoy full freedomofthe press, and not be restricted by eithertheadministration or the student government. This shouldbe thepractice even thoughmostcollege publications, except for therelatively few university dailies which are autonomous financially, are dependent on the use ofcampus facilities, and are subsidizedeither directly or indirectly by a tax on student funds." Thesystem used to fundTheOpinion must change. We will be making proposals to the SBA during the next several days and weeks to effectuate this change. We hope that our propositions will be met by a government sensitive to theissues we have raised and willing to work with us topromote the goals ofa free press. In the meantime, speak to your newly-elected class directors and fight for the freedom of your press. -— You must demand nothing less than a free, unfettered press! STAFF Business Manager: Lisa Nasiak Production Manager News Editor: Features Editor: Photography Editor: ArtDirector: Stabilizing: FreedomoflheprcssandFrenchy Excerpts frompastOpinion editorials andarticles recount past attempts by thc SBA to san ction The Opinion for expressing its views Guard your rights: Know your governmentand help control it Editorial: Oct. 12, 1983 (Vol 24:3) School community members, our elected ...Without thebenefitofconstructivecriticism from Law unchecked. Certainly there bylaws and are SBA representatives are allowed to exercise their power procedures which are carefully followed, andcertainly SBA makes every effort to be accountable to the studentbodybyposting SBAmeetingminutes and publishing news in The Opinion. Nonetheless, the wheelsofthe SBAmachine turn daily and, for the most part, withoutthe benefit olinput from theseven hundred or so law school students that SBA is there to serve. Withoutdiligentsupervision by us, ourelected representatives and appointeesvirtually controlour non-academicexistencewithin the law school. We, the constituents, owethesegovernors our opinions, so as to insure thedevelopment ofthe bestol all possiblestudent governments. Andweoweittoourselves to guard our rights and lo keep our SBA accountable to us. Inappropriate Remedies Editorial: Dec. 1, 1983 (Vol 24:6) On November 10,1983,SBApassed a motion whichreduced theprinting budget ofTheOpinion by $2,400. This motion was passed in the "usual" SBA fashion-notifying theEditor-in-Chiefless than two hours before the meetingbegan, and completely failing to notify both theBusiness Manager, who oversees the finances ofTheOpinion.and the Managing Editor. The Opinion has been subjected to therelentless accusations of impropriety by the current SBA administration. "Guilty until proven innocent" appears to be the new catch-all phrase for the SBA's political leaders, at least where thisnewspaper is concerned. The current issue dealswith theexistence of a "hidden"checking account whichThe Opinionhas handled independently ofthe SBA budget lines. This checking account was createdseveral yearsago as an alternative to thepredictably slowand inefficient voucher system filed through theSBATreasurer and Sub-Board 1. The account allowsThe Opinion to meet immediateprintingexpenses, purchase office supplies, and retain an active credit account with a photography service. Apparently, certain membersoftheSBAfeel thatthis account is an evil thing-it is money thatis not underthe directcontrolof the SBA, thereby creating an atmosphere of independence in the day to day activities ofThe Opinion (a dismalprospect for anewspaper whichopens its forum to thestudents, by the students, for the students.) ... Perhaps this is merely an opportunityfor theSBA to flex its political muscle. Perhaps thememory of Dippikill has been resurrected, and certain members of this administration thirst for vengeance. In aneditorialwhichran several weeks ago. fTheOpinion. 24:3) theeditorial staffofthis newspaper warned you, the students, to be aware ofany signs ofSBA authority being unduly exercised. Do not ignore such warnings! The Opinion is a law student newspaper, funded by law students activity fees. Ourpurpose is to represent your interests, provide you with a reliable and quality service, and supply a channel for the expression of independent ideas ideas independent ofthe norm (or so we are told), independent ofthe Administration, and independent oftheSBA. - BurgerKing: "Have it your way"; SBA "Do it our way!" Editorial: April 24,1985(Volume 26:1) New Item: SBA approves Motion 13-15: "To cut The Opinion's budget $ 1000 because of their personal attacks onindividuals, lack of accountability, libel, largebudget, abuse ofdiscretion and lack of representation of thestudent body" When theFramers ofthe Constitution adopted theFirst Amendment, they recognized the vitalrole a freepressfulfills in a democratic society. They believed that a newspaper must have broad freedom to criticize government actions so that people would hear opposing viewpoints on matters of public importance... Apparently theSBA is not impressed with these lofty principles. By suspending a fiscal sword ofDamocles over the new editorialboard's collective head, they are in effect telling us what we may and may not print. They call it "making the paper more accountable" and "making thepaper more consistent with theviews ofthe student population." We call it censorship. The message is loud and clear: "Either you print what's acceptable to us or we'lltake away your funding." The SBAedict sets a dangerous precedent by producing a chilling effect on the constitutionally protectedright ofFreedom ofthePress. Presumably, SBA's purpose inpassing Motion 13-15 was to provide The Opinion with a monetary incentive to refrainfrom calling things theway we see them. Maybe ifwe'regood little boys we'll get our allowance back. We can'thelp but resent SBA's use ofits power ofthe purse to bring the paper to its knees in this fashion. . SBA Attempts to hamper operation offree press Peter Beadle Joseph Broadbent Vacant News Article: Dec. 7,1988 (Vol. 29:8) At a Student Bar Association (SBA) meeting held on Tues. Nov. 15, 1988, the SBA discussed, and at one point considered, a motion that would hamper the free and independent press by forcing The John Gasper Vacant Assistanteditors:Business: Eric Dawsonand Charles and Lesa Maslanka. Computer Consultant: Peter Beadle SBA's history of abuse JohnFederice Destabilizing:Thelowertray TheOninion isanon-profit,independent.student-ownedand nin publicationfundedby theSßAfromstudentlawfees. The Opinion. SUNYAtBuffaloAmherstCampus, 724 JohnLordO'BrianHall,Buffalo,NewYorkl426o(716)645-2147. The Opinion is publishedevery twowecksduring theFall andSpringseme.slers.ltis thesludentnew.spaperoftheStale Universityof New Yorkat BuffaloSchoolofLaw. Submis.siondeadline.sforletters tothe editorandPerspectivcsare 5p.m. on theFridayprecedingpublicalion. Advertisingdeadlinesare 6p.m.on theFriday precedingpublication. Submissionsmaveitherhe.senttoThcOpinionatlheabovenotedaddress, droppedoffunderTheOninionoffice doorfroom 7240'Brian Hall),orplaced inßox#loor#2Bo on the thirdfloorofO'Brian Hall. Allcopymastbetyped.doubled-spaced,andsubmittedon paperandon "Congress shallmake no law ....abridging thefreedomofspeech, orofthe press;..." Opinion,theSUNY at BuffaloLaw School Newspaper, to publish certain material. Although the matter was tabled pending further "investigation" some SBA members made clear their desire to hinder The Opinion's production, layout, and printing by cutting back on SBA's allocated funds to The Opinion. ...MartinColeman, second-yearSBA Director, insupport ofthe motion [to forceThe Opinion to publish certain materials or face punitive sanctions ], stated: "I'm not satisfiedwith whatThe Opinion has done. It is something that I'm really pissed off at. Let's just cut their money. Let's make sure their money gets cut. It's that simple. I say let's exert pressure. Let's send a message." acomputerdisk (IBM- WordPerfect).Letters arebestwhen writtenasapartofadialogueand must be mimore thanrwopagesdouble-spact Perspectivesaregenerallyopinion spaced. The Opinionreadsandappreciates every letterandPerspectivewe receive; wereserve the right loedit anyandallsuhmissionsforspa asnecessary andalsoforlibelouscontent. The Opinionwill not publishunsigned submissions. We will returnyourdiskstoyourcampusmailK ortoaprivate mailbox ifaself-addressedstampedenvelopeis provided. SBA. Any Copyright 1994 by The Opinion is dedicated lo provide a forumforthefrecexchangeofideas. Asaresult, Iheviewsexpressed in this newspaperare n nece&sanlytrKise ofthe Editors orStaffofThe Opinion. < : • — The FirstAmendment �THEOPINION 4 &B*n- September 28,1994 „.„,__ ****BAR REVIEW SCHOLARSHIPS**** Dear 1995 Law School Graduate: Recognizing the financial hardships that graduating law students face, BAR/BRI Bar Review is offering need-based scholarships to help selected students defray the cost of bar exam preparation. BAR/BRI Bar Review will award up to $150,000 in scholarships of varying amounts up to $250 each, to be applied toward current BAR/BRI tuition, including any early enrollment discounts. Interested applicants must submit a letter indicating their law school and describing their financial condition as well as any reasons why a scholarship is deserved (amount of loans, commitment to law, etc). The applicant must not have a commitment for full-time employment with a salary of more than $30,000 following graduation from school. The applicant further agrees to renounce the scholarship should he/she receive a commitment for full-time employment by May 15, 1995. Your letter should be no more than one singlespaced typed page and should be returned to the BAR/BRI New York office Attention: Scholarship Committee, by October 31, 1994. Students will be notified of their scholarship award by the end of November. - These scholarships are not assignable and will only be honored for the bar review course in New York, New Jersey, Connecticut, Massachusetts, Maine, New Hampshire, Rhode Island and Vermont. Please specify in your letter which state's BAR/BRI bar review course you are planning to take. � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Opinion, 1994-09-28 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. Opinion Vol. 35 No. 3 Date Issued Date of formal issuance (e.g., publication) of the resource. 9/28/1994 Bibliographic Citation A bibliographic reference for the resource. Recommended practice is to include sufficient bibliographic detail to identify the resource as unambiguously as possible. 35 3 Publisher An entity responsible for making the resource available University of Buffalo State University of New York at Buffalo Law School Language A language of the resource eng Type The nature or genre of the resource Newspapers Text Is Part Of A related resource in which the described resource is physically or logically included. LIB-LAW003 Rights Information about rights held in and over the resource <a href="https://rightsstatements.org/page/CNE/1.0/">COPYRIGHT NOT EVALUATED</a>. The copyright and related rights status of this Item has not been evaluated. Please refer to the organization that has made the Item available for more information. You are free to use this Item in any way that is permitted by the copyright and related rights legislation that applies to your use. This digital collection is made available for research and educational purposes. Researchers are responsible for determining copyright status, and securing permissions for use and publication of any material. Copyright for items in this collection may be held by the creators, their heirs, or assigns. Researchers are required to obtain written permission from copyright holders and the University Archives prior to reproducing or publishing materials, including images and quotations. For inquiries about reproduction requests and permissions, please contact the <a href="http://library.buffalo.edu/archives/">University Archives</a>. If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/01b398cfcdcd2e52ac04616c87726e57.pdf d02d6063f6a7dec9d425f8957a3c4582 PDF Text Text UrfHU Liiiw groups uay cancelled. See story on page 3. taoiing I Candidates ' statementsfor SBA Class Director seats. See 7 and 8, Thitigs to do in the Queen City. See story on page 9. Bringing theissuesto thestudentssince 1949 THE OPINION Volume 35, No. 2 STATE UNIVERSITY OF NEW YORKATBUFFALO SCHOOL OF LAW September 20,1994 SBA election to begin tomorrow Law students to vote for their six Class Directors by Evan Baranoff, Editor-in-Chief A plethora of first-years anda scarcity of second- and third-year students are running for 18 Student Bar Association ClassDirector seats in this year's electionwhich begins tomorrow. Law students canvote for their Class Directors tomorrow, Sept. 21 andThursday, Sept. 22 from 9 a.m. to 4 p.m. outside the law library. Six Class Directors will be elected by eachcl assto serve on theSBABoard ofDirectors. Class Directors represent the students' interests on issues affecting thelaw school, according to Student Bar Association President Ben Dwyer. Students can vote for up to six candidates in their respective class. Students can choose from thelist of official candidates and/or mayalso write in candidates. Students may vote for fewer thansix candidates if theywish, butballots containing more than six votes will be invalidated. First-year law students can choosefrom a list of 15official candidates. Running for first-year class directors are Kirn Babat, Mike Fruchter, Jim Gerlach, George J. Hamboussi, Caroline Hooper, Katie Lee, David S. Leone, Mercedes Lindao, Gil Michel-Garcia, Catherine Nugent, Eric C. Ragot, Veronica Rodriguez, Scan James Shannon, Tom Trbovich, and Jennifer Vick. Dwyersaidthatthenumber of first-yearsrunning for class director is probably the largest amount in SBAhistory. The two official candidatesfor second-year class director areSandy Fazili and John L Leifert. The two official candidatesfor third-year class director are Nancy E. Stroud and RobKitson. According to Dwyer, the reason only four upper divisi onstudents are running for Class Director seats is because of theincreasedwork load thatsecond- andthird-yearsface and also because of the internal problems that the SBA experienced last year. In an effort to make the SBA more efficient, Dwyersaid this year's Board of Directors will meet once every two weeks, instead of last year's weekly meeting. He said the off weeks will be usedto hammer out proposals which will be voted on at the next meeting. ACandidates' Forum will take place today at 3:30p.m. in room 109, where candidates.will discuss their platforms andanswer questions from students in attendance. fsList Offii First-Year Candidates: Kimßabat - I Mike Fruchter GUMichel-Garcia Catherine Nugent George J. Hamboussi Caroline Hooper Veronica Rodriguez Scan James Shan non David S. Leone JenniferVick I Third-Year Candidates: Nanc>' E. Stroud Coast Guardofficials said they still have body of UB Law student Joe Antonecchia, who was presumed drowned in not found the Phot by John Gasper TheStudentBarAssociation is currently wrestling withthechoice ofrenovating theold student lounge on thefirstfloor ofO'Brian, seen above, or perhapsrelocating the lounge to an area lessfrequentedby undergraduate traffic. In either case, SBA PresidentBen Dwyer said theSBA will haveabout $1,000 to work with. The money will most likely be spent on the purchase ofnew, more comfortablefurniture andpainting supplies, he said. Rob Kitson an accident inLake Erie last February. However, theCoast Guard confirmedthat thebodies of the two UB Law alumni, Joanne Fuchs and Ruth Ritchell, who had accompanied Antonecchia to thelake, havebeenrecovered. Trie bodies ofboth women, which were found over summer break, were taken to the Regional Coroner's Office in St. Catherine's, Ontario, where forensic examinations determined the cause of death to be "exposure and drowning." The three friends were reported missing last February when Ritchell and Fuchs failed to report to work after their weekend trip to a cabin near Lake Erie. Officials foundAntonecchia's carparked in the Hamburg beach area along Lake Erie. Another car, belonging to one of the women, was found ontheother sideof the lake, near Fort Erie. After an extensive search involving Coast Guard unitsfromBuffalo and nearby bases, it was presumed the three drowned while attempting to walk across the frozen lake to the Canadian side.The search wascalled offafter several days ofsearching with no encouraging results, and has never been resumed. SergeantBob Ciupa, public affairs officer of the Niagara Regional Police in Fort Erie, Ontario, confirmed that the bodies of Ruth Ritchell and JoanneFuchs hadbeen found and identified. Ritchell's body was found May 31 by Niagara Regional Police in the area ofNiagara Blvd. and Lewis Street along the Fort Erielake front. Fuchs' body was found by the Niagara Parks Police in the upper Niagara River at the southern endof Navy Island on July 2. Make-up of incoming class reflects UB's goal of diversity What does the freshman class look like this year? The answer: smaller than last year, with more women and approximately thesame medianLSAT and GPA scores. The class of 1997 consists of 248studentsfrom 104different graduate and undergraduate institutions. Thenumber ofwomen students rose to 133,11 morethanlastyear'sclass. Last year's freshman class size was 269, due to an increase in "enrollment targets" mandated by SUNY Central. LSAT and GPA medians re- I Second-Year Candidates: byPeterZummo,>, Managing Editor mained relatively consistent at 156 and 3.22respectively, ascan be seen from thechart below. There are students from 10 states outside of New York. This is consistent with the school's policy of actively seeking out-of-state students. According to Aundra C. Newell, associate dean for student services, out-of-state recruitment is important because it helps accomplish two general goals: First, it increases the diversity in the student population; and second, it enhances the national recognition of the law school. Diversity in the law school I 2 confirmed dead, 1 still missing in last February's lake accident Languishing over the lounge byPeterZummo,tManaging Editor ■ community is important, said in other areas of the country, they "plant the seeds for a strong alumni Newell, because it enhances a student's ability to "see thewhole picbase throughout the country. This tureand to recognize andconsiderall can have a beneficial effect by makfacets of a given situation before ing the employment scene evenmore taking action." In addition, diversity will hopefully lead to an "increased awareness of, sensitivity to and appreciation of the differences and similarities between all members of the community." As to diversity enhancing the by national visibility ofUB Law, Newell said she sees long-term benefits in attracting studentsfrom out of state. As many of these students return to theirhome states, or go on to careers Beadle Pet r graphic Computer receptive to future UB Law graduates." In addition to geographical diversity, NewellsaidUBLaw strives SeeCLASS on page 3 �2 THEOPINION September 20,1994 PIEPER BAR REVIEW WANTS YOU T0... Be a Winner! I I ■ I I ALL IST. 2ND OR 3RD YEARS: I Pieper NY-Multistate Bar Review is looking for a few good persons to be representatives at your law school. If you're at all interested, give us a call. I I I CALL 1-800-635-6569 I I Work on earning a free Bar Review course. I I COME JOIN THE PIEPER TEAM!!! I �NEWS September 20, 1994 Tabling Day canceled , byJoseph BttMidlvnt, iNewsEttiior jf you ! what happened to Tabling Day, winch was scheduledfarlastWednesday.yqu weren't theonly one. ,;Sv :iori leaders : who had plannedon manning tables am ved at theSBA office Wednesday morning only to be to(4 that Tabling Day had been postponed SBA.P* olddisthat Tabling appointed students Day would be rescheduled for this week However. Dwyer is now <atiOns inform thai there will he no Tabling Day. 'he uni.A versity v ■■ » «! up with Dwyer stated that, while there will be no. full Tabling Day as plamied, student organizations will ctzetht Taw school. Student groups will be able to use thethree tables currently in thelaw school to recruit new members. Instead ot all groups tabling on I he same day as planned. guiups will lake turns using the tables which v rst floor corridor. In thisway,student groups wiilstil pitethe university's failure to deliver jll the necessary tables, Dwyer said. Heads of student groups should stop out the byibe which ■ details. anyta! rience, was the reason Tabling Day was 'd two Dwyer unti week. I ihts postponed ■ things: "Never assume compeHowever, Dwyer's repeated atafs un- tence on the part of the University tempts i i sutces tiriaJs Facilities office and always give i informed him that there were no lots and lots of lead time before -it planning events with the universitables ty." He also added that if he had Dwyersaidhe.plumed Univerknown what was going to happen, to reftsity ■ he would have begun planning the serve' :. & r. :<!>:•:€?;< cotdingtohtm,anofficialtoldhlm event! Dwyer said he was sorry thai thaihe needed to reserve tables two weeks in advance, however, when theevent didn't work out,but promlatever he tried to reserve tables foi a dale ises th student as told it can t two we.. '• ity"s9ota- organizations will have an opportuthatnon. 1 'he unt\ • :nttyip >ed THE OPINION 3 slated for Oct. 8 Community Day ; by John Federice, Asst. NewsEditor The Student Bar Association will be holding itsfirst ever UBLaw Community Service Day Saturday, Oct. 8, according to SBA President Ben Dwyer. Dwyer saidhe hopes at least 50 students will volunteer for the oneday project which will start early on Saturday morning and continueuntil mid-afternoon. He said he hopes Community Day will become an annual event. "This project is aimed at the large number of students who truly want to getout andhelp, but are never confronted with the opportunity," Dwyer said. Volunteers will be assisting a Habitat for Humanity project on Buffalo's Eastside. Students will be performing relatively simple tasks such as paint stripping, dry walling and cleaning, in an effort to helpfix up housing for low-incomefamilies. Dwyer said theSBA is promoting Community Service Day in an effort to get law students involved in the Buffalo community. He saidhe hopes the project will help promote UB Law's public service ethic and improve the image oflaw students. Dwyer also said he hopes tl project will act as a catalyst to pi mote more community volur: activity by law students. Forfirst-year law students w wish to participate in a school act ity, but are afraidof time constn Community Day couldbethe pc outlet, Dwyer said. CommunityService Day could be a great way to meet other lavstudents as well as members of the Buffalocommunity, headded. Any one interestedinvolunteering should contact Dwyer or stop by the SBA office during the day. Alan Carrel appointed vice dean byJoseph Broadbent, News Editor Associate Dean Alan Carrel was appointed vice dean for law schooladministration on Sept. 7. Carrel's new position wi 11 give him authority over non-academic matters such as student services, space allocation, personnel matters, and student disciplinary problems and will allow him theopportunity to represent thelaw school beforeuniversity officials on such matters as finances and facilities. Carrel, who servedas associate dean in thelaw schoolfor the past 16 years, said he is eager to become more actively involved in "helping the administration to work closely withthe students and faculty to make the law school as strong as possible." Anotherof Carrel's goals is to help the law school obtain funding and resources from the state, alumni andtheßuffalocommunity. Carrel said he believes that the new law school curriculum will be a "tremendous additionto the lawschool" and will enable the law school to obtain some of those resources. During his 16 years with the law school, Carrel saidhe hasbeen impressed with the quality of the administration, the faculty, the support staff, andthestudent body, all of which help to enhance thelawschool and how it is regarded by the legal community. Carrel saidhe wants to dowhai ever he can to help thelaw school gei all of O'Brian Hall back as soon as possible as well as repair the damage to the building which has been the result of age and overuse, which he feels will make the law school a "better and more useful place" for everyone. He saidhe sees his new role as one of "helper and facilitator" and wants to focus on the law school's positive aspects as well as be able to deal with any problems that may arise. Is the push to move the law school downtown futile? by MichaelKuzma, Reporter Some members of the Buffalo Common Councilcontinue to push for thelaw school to move downtown; however, UB officials remain firm in their opposition to any move. "The law school ought to be downtown because that is where the action is," said Buffalo Common Council Member David A. Franczyk. On February8 theB uffaloCom mon Council passedßesolution 179 urging UB officials to consider returning thelaw school downtown. However, according to the Buffalo Common Council office, no action has been taken onthe resolution since it was adopted seven months ago. In spite of this inactivity, three council members, Franczyk, Eugene Fahey, andKevin Heifer, continue to support effortsto move the law school downtown. As Erie County legislatorsplan the construction of a new county courthouse, which was mandatedby New York state in order to replace the courthouse's antiquated facilities, discussionshave again started to surfaceabout the possibility of moving thelawschool downtown as part of this development. Erie County Legislator Joan K. Bozer, whohas taken a leading role inthe planning of the new county courthouse, said that as many law school functions as possible ought to be brought downtown. "Law school officials shouldbe heavily involved in the planning of the new court building," Bozer said. She added that a downtown location wouldbe "great" and "would expose students to the courts." Bozer said any such facility should at leastcontain space for studentclinics and the like. "There is nothing more to be said on the issue; it's closed." unidentified UB official — Many in theBuffalobusiness community agree that thelaw school should move downtown. RichardT. Reinhard, executive director ofBuffaloPlace, a downtownbusiness organi- Red Cross disappointed with turnout from law students by Peter W. Beadle, Reporter The Red Cross' first law school blood drive of the year held yesterday received disappointingsupport from law students, according to a Red Cross representative. After stuffing 800 law school mailboxes with fliers asking people to register for the blood drive, the organizers of the drive said they received only 11 responses. Red Cross Representative Maria Turner said although they came close to reaching their goal of 60 donors, only 25 of those donating blood were law students. "It's essential that people take the time to donate blood," Turner said."One hospital patient every 20 seconds needs blood, and if you ever need blood it shouldbe realized that it comes from volunteers. Yourbloodmay even be used for another law student." The Red Cross blood drive, which took placeyesterday from 10:30a.m. to 4:30 p.m. in theStudent Union room 145 B&E, was sponsored by Phi Alpha Delta and was thefirst of several drivesthat are being piarmed by the Red Cross, PAD, and theSBA. SBA Treasurer Elizabeth Jewett, who Probing, timely, controversial, beer... Join The Opinion! 645-2147 donating blood. Doing so, "gives us a better ideaofwhat to expect,provides for a smoother operation, makes it easier to plan staff and supply requirements, and most importantly shortensthewait one can expect when donating blood," Turner said. Law students participating in the drive said they felt it was important to donate their blood. "It' s importantand a part of ourcommunity responsibility," Jewettsaid. "If you can donate you should, because you may need it yourself." Second-year law student, Brian Melber, who is a regular donor, said that he felt "its necessary," and that, "everybody ought to give blood." BrianMelber, 2L, gavebloodat yesterday'sdrive. donatedblood yesterday, saidthattheSBAand PAD will be working together to make future drives more convenient for law students. She said one ideabeing workedon is to bring drives right into thelaw school building. Turner said thatstudents shouldtake the opportunity to make appointments prior to Class, continuedfrompage If you are interested indonating blood or wouldlike more information on howand where you can donate blood contact the American RedCross Headquarters at 886-75000r Turner at 681-4895. For informationregarding future law school blood drives, you can also get in touchwithJenniferEnglert, box #383, whois the Red Cross' law school liaison. one through its admissions policies to achieve a broad spectrum of students, including 30 percent "non-traditional" students and 20 percent minority group students. She said UB admissions goals seek to admit a group of students who will "excel in this academic environment, make positive contributions to the law school community, and show an indication of making significant contributions to the legal profession." additional reporting by Karen A.M. Bailey andEvanBaranoff. — zation,said"A downtownlaw school wouldbe good. Thebusiness community supports such a move." Reinhard indicated that discussions on bringing thelaw school downtownhavebeen very preliminary in nature. To date, he said therehave been no meetings with UB officials, nor have therebeen any public meetings on this issue. UB administratorscontinue to reject any possibility of moving the law school downtown. "Thereis no story," said an official in UB PresidentWilliam R. Greiner's office, whodid not wish to be identified. "There is nothing more to be said on the issue; it's closed." International exchange program announced with Polish students by Joseph Broadbent, News Editor UBLaw School recently announced that lOlawstudentswillbegivenan opportunity to participate in a joint research and exchange program with law students at Jagiellonian University in Krakow, Poland during the 1994-1995 academic year. These students will spend thelast 10 days in October working inKrakow with 10 Polish students researching a project concerningminorityrights. Both groups of students will communicate via E-mail from November until April, when the 10 Polish students will visit ÜB. At the conclusion of the project Buffalo students will be graded on their work and recieve three credits for the spring semester. Airfare and living expenses will be borne by ÜB. In order to participate, interested students must have taken or currently be taking the international humanrights law course. A commitment to human rights issues will also be a positive but not a determinative factor. An informational meeting about the program will be held at 6 p.m. Tuesday, Sept. 20, in Room 545. Additional information about the requirements and application procedures can be obtained from Dawn Fenneman in Room 408. — — �EDITORIAL THE OPINION 4 September 20, 1994 THE MEET CANDIDATES OPINION «nt w i 35, Volume No. 2-> Foundedl949 Evan C. Baranoff mri f©ba Ka--Hay ftorbuUj __ , c t inn . 20,1994 September Peter G.Zummo Managing Editor Editor-in-Chief EDITORIAL: Don't let SBA waste money on its newsletter Some of you might remember receiving something called a Student Bar Association newsletter on Sept. 1. For those of you who don't, it's just as well; butfor those that do, you know it asked students what they think. Well, here's what we think. The newsletter, which was unsigned, said it will publish the scheduled events oflaw groupsand provide students with a copy ofthe m mutes forSB A meetings, parties, etc. This first goal is an admirable one, although not an original idea. The Opinion publishes the meetings and events oflaw groups on the Docket. We not only encourage all law groups to use the Docket, we urge them to advertise their activities, eventsand meetings there sothat interested students can go to them. We hope ournew Docket format willmake it easier forstudents to discoverall the wonderful events sponsored by our law organizations. As to the newsletter's second goal, we take personal exception. First ofall, no one - at least anyone concerned with time management will wantto read the minutes of SB A meetings. And people who docan justrequest them from their SBA rep. as they are entitled to do under the Freedom of Information Law. Secondly, The Opinion provides news coverage ofSB A meetings for those students who do not have time to attend the meetings or to drudge through the minutes. Unlike the "coverage" can you say propaganda you're likely to read about in the SBA's newsletter, our news coverage will be comprehensive, objective and concise. At an organizational leaders meeting, Emilia Chernyavsky, who wasappointed to produce the newsletter, andSßATreasurer Elizabeth Jewett suggested that, in the past, The Opinion's news coverage of the SBA was virtually nonexistent.This isabsolutely untrue. First ofall, the SBAdid virtuallynothing last year exceptto try and impeach each other. However, The Opinion provided comprehensive, front-page coverage ofthe investigation committee's findings and recall proceedings. But even, for argument's sake, if we were lax in our coverage last year, should webe condemned this year for the acts oflast year's E-Board? If this is so, the SBA should be dissolved for last year's atrocious behavior. Anyway, we have alwayscovered SBA meetings and events andthis year will be no exception. In fact, in the paper wehave a preview ofthe SBA Community Day — a greatidea, by the way — and coverage ofSBA class directorelections. We feel the SBA newsletter will be a big waste ofstudents' timeand money and will needlessly kill a lot of trees as well. Every time the SBA puts out a newsletter they are using funds that could be better spent by other law groups. What do you think? Tell Emilia; dropa note in box #42! - — — STAFF Business Manager: LisaNasiak Production Manager Peter W. Beadle News Editor: Features Editor: Photography Editor: ArtDirector: Joseph Broadbent Vacant John Gasper Vacant Assistant editorst.Bw.s7/ie.ss7 Eric Dawson and Charles Pitorre&i; News: JohnFederice and Lesa Maslanka. ComputerConsultant: Peter Beadle Stabilizing: Now printer, new staff and food Destabilizing: Haiti intcrvenlionandJoc'sdog The Opinion is a non-profit, independent, student-owned and run publication funded by the SBA from student law lees.-The Opinion.SUNYAt Buffalo Amherst Campus, 724 JohnLord O'Brian Hall,Buffalo, New York £4260 (716) 645-2147. The Opinion is published every two weeks during theFall and Spring semesters. Itisthestudent newspaper of the State University of New York at Buffalo School ofLaw. Submission deadlines for letters to the editor and Perspectives are 5 p.m. on the Friday preceding publication. Advertising deadlines are 6 p.m. on the Friday preceding publication. Submissions may eitherhe sent to The Opinion at the above noted address, dropped offunder The Opinionoffice door(room 724 O'Brian Hall), or placed in Box #10 or #280 on the third floor of O'BrianHall. All copy must be typed, doubled-spaced, and submitted on paperand on a computer disk (IBM-WordPerfect). Letters are best when written as a part ofa dialogue and must be no more than two pages double-spaced. Perspectives arc generally opinion articles concerning topics of interest to the law school community and mustbe no more than four pages double-spaced. The Opinion reads and appreciates every letter and Perspective we receive; we reserve the right to edit any and all submissions for space as necessary and also for libelous content. The Opinion will not publish unsigned submissions. We will return your disks to your campus mailbox or to a private mailbox if a self-addressed stamped envelope is provided. Copyright 1994 by The Opinion. SBA. Any reproduction of materials herein is strictly prohibited without the express consent of the Editors. The Opinion is dedicated to provide a forum for the free exchange of ideas. As a result, the views expressed in this newspaper are not necessarily thoseof the Editors or Staff ol The Opinion. "Congress shallmake no law....abridging thefreedomofspeech, orofthepress;..." [V --The First Amendment Deliberations By Evan Baranoff Editor-in-Chief Make an informed decision Before you go to the SBA ballot box to vote for your six class directors, make sure you're informed. Elections for Student Bar Association Class Director seats start tomorrow and continue throughThursday, Sept. 22. Ifyou're an upper division student, your selection is scarce only two students are running for thesix 2Landsix 3Lclass director positions. However, some students mightseek seats by being written in. Be careful who you write i n; make sure youknow their motivesfor running and their qualifications. Also, just because a candidate is on the ballot doesn't mean you shouldblindly vote for him or her although it might suggest he or she is more seriousabout running. Note, however, that only one of the four upper divisionstudents —John Lei fert both- — — - ered to submit a statement to The Opinion so thatstudentscan know about why heis running. This might also suggest how serious theother candidates are. Let's see if these candidates bother to show up at the candidates forum. The race for first-year class director seats is a different story entirely. Fifteen candidates seek six seats. Read their statements carefully. Find out what issues they will address. Also, go to thecandidatesforum and ask them questions. Tell the candidates what issues concern you. Voting is not a privilege it's your responsibility. Butvoting blindly doesn't satisfy yourresponsibility: get informed. The SBA controls your activity fee monMake sure it spends it wisely. ey. — .TOINTHE OPINION! The Opinion needs editors, assistant editors, reporters, photographers, and graphic artists for the 1994-95 academic year. Journalism experience is helpful, but not required. The Opinion also needs production assistants. Familiarity with WordPerfect 5.1 for Windows and Aldus PageMaker is preferred. Anyone interestedinjoiningThe Opinion should leave a note in Box 10or 280, or call x2l 47 and leave a message. The Qp in ion isthe official student newspaper ofthe School of Law, and publishes ever other Tuesday duringthe Fall and Spring semesters. �OP/ED September 20, 1994 THE OPINION 5 U.S. intervention in Haiti is the right move By Peter W.Beadle By thetimeyouread this, one of America's most unpopular military actions in recent history will probably be well underway. Thereisvery littlesupport (recent polls place support around 23 percent) for this action. Sowhyarewegoingaheadwith it? Has the President lost his mind? Or does he falsely believe that a military intervention will ultimately boost his approval ratings? Actually the answer is none of theabove. The President has already outlined the immediatej ustifications for this intervention, namely, the crush of boat people, U.S.and U.N. credibility, and promoting democracy, but thereis another, more long-term justification: the shape of the New WorldOrder. The Cold War was essentially a game of chess. Various nationstates became the pawns, knights and rooks for the two sides. The stability of those countries was dependent upon thewi 11 of theirpatron states. Now, however, the game is over and the players have left the building,leaving theboard inchaos. Iraq, Somalia, and Haiti were once pieces in that game, and have now beenleft to fendfor themselves. The United States intervened several times to shape and control the politicsofthosecountries. They became little more thantools of our foreign policy, and now that we are finished with them, most of us feel we have every right to walkaway. However, it must berecognized thatbut for our earlier manipulations, the situation would probably be very different. Many wouldargue that our previous policies were simply necessary to win the Cold War and are therefore justified. That's certainly a legitimate perspective and one which I The game is over and theplayers have left the building, leaving the board in chaos. agree with to a point. But if the UnitedStates wasso willing to trample on the sovereignty of other nations in the past as part of a strategy to topple the Soviet Union, then it should be equally willing to accept coartny of The New York Times responsibility for theconsequences. To do otherwise wouldreek of the utmost hippocracy. Some have also argued that there are no American interests at stake in Haiti. However, in addition to the responsibility we should feel for this country's fate, and the reasons outlined in the president's speech last Thursday night, there is another veryreal American interest; shaping thefutureofthisregion and the emerging World Order. I see us headed towards a worldwhich will eventually be united under a single worldgovernment. Nation-states are outliving their usefulness, and have become barriers to trade and focal points for conflict. Moreover, na- tions have been steadilyrelinquishing their sovereignty as they pledge to comply with the terms of numerous international and regional treaties, covenants and conventions. Eventually this massive and growingbody ofagreements will become an inefficient means of regulating worldbehavior. As the interdependenceof theworldincreases and the sovereignty ofnation-statesdecreases, I believe that there will arise a world government to oversee interactions between and withinregions. Under this scenarioit is very much in our interest to pursue stability not just in our backyard but throughout theworld. Even ifyou find theabove sce- nario a bit far-fetched, we still have every interest in promoting stability. The worldis clearly becoming more interdependent and, as technology improves, it is becoming effectively smaller. With theend of theCold War, and the consequent demise of the structure that conflict imposed on world affairs, we now lack a clear paradigm to help give order to our interactions. We must workactively todevise a new structure to deal with the growing interdependence of nations. Pockets of instability such as Haiti, Iraq and Somalia are real threats to an interdependent world where nationswho are less self-sufficient than ever before havebecome increasingly dependent onfree-flowing trade, cooperation and mutual benefit, concepts whichrely heavily on world stability for success. Ifwe fail to act now, then that stability which is so necessary to the good healthofourcurrent andfuture world orders will continue to erode with dire consequencesfor the stability of our own nation. Beadle is a second-year law studentandisa memberoftheJessup InternationalMootCourtBoard. Trampling on the freedom of speech byJosephBroadbent, News Editor NestledinbetweenstoriesaboutRwanda and O.J. this past summer, the Supreme Court decidedthecase ofMadsen v. Women'sHealth Center, Inc. The case only received 20seconds ofTV news coverageandfive or sixlines i n the newspapers, an unfortunate attempt to minimize the impact of a case which had devastat- ing effectsforfreedomofspeech in theU.S. In Madsen, the Court upheldan injunction which prohibited anti-abortionprotestors from pro- therecent trendof chopping away at theConstitution's protections for freedom of speech. Less thanthree yearsago, inR.A.V.v.St. Paul, the Court held that cross-burning was expressive conduct protected by the First Amendment, a logical outgrowth ofits previous holding inTexas v. Johnsonthat flagburn- testing in front ofabortion clinics within a 30-foot "buffer zone" and also prohibited certain photos from being shown by the protestors. Over a vehement dissent by Justices Scalia, Thomasand Kennedy, the majority continued I ; ingwasalsoprotected"speech." WithR.A.V.. th<2Court seemed to befaithful to the Framers' intent to protect all kinds of speech, even speech that offendedothers. However, since then, the Court and the Indefense ofOliver Stone I was somewhat shocked to see extended nation as a whole haveeroded theFirst AmendTo the Editor: excerpts of my draft quoted. After quick ment so as to deny protection to unpopular or 1 would like to address the reviewer of reflection, however, 1 had no problem with offensive speech. Moreand more, courts and Natural Born Killer-.. I did not know thatsuch yoit quoling Sji|§§ :f people havebeen willing to outlaw speech that on art.; restrictions could properly be What met my eyesas I read a n, however, offends or insults others. A numberof univerWho snidfJlivcrStone's Natural Born Killers wasanything but responsible journalism, in sities have enacted hate speech codes which was supposed lo be. as you put iL "(an] m the first statement that you attributed to nje punish so-called "hate speech." While a depth study of serial killers." Maybe he was through the use of quotation marks, thefrontuse pai mi ng wi th a broaderbrush (to some of hal fof one of my sentences was grafted to the numberof these codes havebeen properly held to be unconstitutional, thepush for hate speech that language I have learned in this law back-half of a completely differentsentence. codes is still on (indeed; there was rumor ofone school) I suspect thai ifyou created a work What proved to be more egregious than this ofart, you would dismiss the critic who said manipulation was the mechanism you used to possibly being instituted by UB students last year but, thankfully, the university has not that your work was "of the wrong genre; J grail ihe two unrelated sentence fragments acpeded to these efforts). tn rather had something else mind for this together: an ill-placed "that" within a par* Two years ago, in Wisconsin v. Mitchell, enthettea) resulting in a sentence that made Your review is suspect to begin with. theCourt upheld a statute whichenhancedthe absolutely no sense. I wish your staffcould Your bi as is re vealed by your admission as to have wasted thehour or so 1 did on thefollowpenalty for a crime when racial hatred was the your opinion .if the movie JJtK. You are ing day expl ami ngtopeople what appeared to motivation behindthe action. The Court stated that conduct, not speech, was being punished obviously reviewing the man Stone rather be rrie blathering like an idiot. thanKillers Andit I ma) to any extent those The secondsuuemem youattributed to but evena casual reading of the case shows that of us suspicious as to the events of 1963 are meihroughquotationslookedsomewhaUike thedefendant\s spoken words were thebasis for wrong thinkers, as you may wellcharacterize one 1 had written, but you extracted three theenhancement. us, how wrongthinking are you for systematimportant words from the middle ofit, with* Finally, last summer the Court dealt anically dismissing evidence relating to those out the benefitofan ellipsis, and thus signifother crashing blow to theFirstAmendmentby events'' Is it that you do not want to upset icantly changed my meaning without any prohibiting pro-life activists from exercising yourself. Did you ever wonderwhatOswald's clueto thereader. am incensed I theirconstitutional rights in front of an aborparticularly motive was? Perhaps as acommunist theBay about thus mutilationbecausebefore submittion clinic. of Pigs and the prospect of pull ingout of Viet ting my draft to you. 1 gave 11the once-over and Itis important to restate theFirst AmendNam were too much for him lo take. .■3s||§li added t hose threewords because specifically ment which states that Congress shal 1 make no Jonathan Vat fee, 3L I was not content with the meaning that the law abridging freedomofspeech. I n I i ght of the Gripe with TheOpinion sentenceappeated loconnotewithout them. fact that the country was founded on the freeWe, as future attorneys, should be m ore To the Editor: dom to speak unpopularly (against England), I write this letter to complain about the attuned to t he importance of w nrds than most freedomof speech is the most important of the shoddy journalism and the obvious lack of people. Ifindit hard to believe that a student rights guaranteed by the Bil 1of Rights andis the editonalpolicing atThe Opinion Consider- coutdhave gonethrough the first year curricright that is most vital to a democraticgoverning the fact that my student "tax" dollars ulum and still fail to appreciate the imporment. (The fact that it is the first right men(a.k.a. the activity tee)ensure your continued tance of not only the meaning but also the tioned in the Bill of Rights is also significant.) existence, I believe I am permitted to be orderofwords. The only proper conclusion No government can truly be democratic if that I can reach, therefore, is that your staffis particularly concerned. people are denied the opportunity to speak. Prior to your most recent edition, I was playing fast and louse with its journalistic The First Amendment was designed to asked by the newspaper 1o answer some que- responsibi li ty. I suggest that you make efforts protect unpopular speech even more than popriesaboutasubject with which Iwasfanulinr. to apprise yourreportetsof theirduties to the ular speech; popular speech doesn't needany Isubmitteda quickly-draftedresponse which public and to shore up yOur editorialpolicies. When States, universities or courts protection. I intended to be used as background for your decidewhich unpopularspeechcannot be heard Stuart Graham, 3L story, Whenl pickedupyour Aug. 30 edition^ The Opinion Mailbox : ;: ' they say that people are not intelligent enough to handle diverse points of view. By allowing everyone to speak theirminds, we are given the chance to decide for ourselves what is true or false. I don't want some legislator or judge deciding whatI canor can't say or hear. We are all intelligent enough to sift through all the garbageand disregard what we choo.se to disregard.. This is not to suggest approval of "hate speech," cross burning, flag burning, or Nazi marches down city streets. TheFirst Amendment doesn't approve or disapprove of any particular speech; it protects theright of all of us to speak our minds. The distressing part of the Madsen decision is that it is the next unfortunatestep from Mitchell, where hateful speech was denied First Amendment protection. People are hardpressed to feel sympathy forracial bigots who go on to assault someone solely because ofhis or her race. In light of therecent murders by a few radical anti-abortion activists (a very small part of the pro-life movement), people rightly want to do something to prevent such tragedies from recurring. There are radical extremistson both sidesoftheabortion controversy, yet only theanti-abortion activists havebeenrestricted in theirspeech and conduct; the buffer zones and injunctions are only obtained against the anti-abortion activists. The way to prevent doctors from being murdered and to ensure access to abortion clinics is not to trample on our most cherished and valuable constitutional right. If only a small percentage of the population was made up ofanti-abortion activists, theFirst Amendment wouldprotect the activists' right to speak and protest; the protection is even more vital whenit concerns an issue thatdivides America soevenly. The Madsendecision represents one more step down the road to the time when legislators and courts will decide what we can and cannot say based solely on whether the words represent an unpopularviewpoint or will insult the listener. As S.G. Tallentyre once said (quoting a letter from Voltaire), "I disapprove of what you say. but I will defendto thedeathyour right tosay it." Somethingthe Supreme Court forgot whenit chose to trample on theconstitutional rights of the anti-abortion activists and permit others to decide whether or not particular speech deserved the First Amendment's pro- _ tection. �THEOPINION September 20,1994 6 1994-95 SBA Class Director Candidacy Statements 2L candidate 1L candidate statements Kimßabat, 1L There is no doubt that by now we have all been warned about the challenges andpressures of the first year in law school. Beyond the scope of our academics, we are working hard to make friends, learn our way arounda new city, andfind our place atÜB, both as a classand as individuals. My name is Kirn Babat, and I am running for a position as Class Director because I share in these concerns and anxieties, and want to actively participate in the development ofour class. In these first few weeks of school, I have listened to students' thoughts and hopes for the comingyear. Iconcurwith the popular opinion that as a first year class, we need to invest ourselves in our law school, while simultaneously pursuing a healthy balance between our academic and social lives. The StudentBar Association is thevoiceoftheUßlawstudent. Your Class Directors represent yourinterests to the administrationandfellow students. This includes representation on committees that develop academic standardsand policy, participate in the admissions process, review activity budgets, and plan social activities. It is important to elect a group ofrepresentatives who can effectively verbalize and advocate for your concerns and demands. As yourrepresentative, I would commit myself to your interests and the interests of our class, make myself accessible and approachable, and wouldbe proactive and coactiye with my fellow Class Directors, in order to make the SBA work for you. During my undergraduate career at the University ofRochester, I gained experience in the development of policy and programming, both in andoutside of the University. On campus, Irepresented theundergraduate community on theUniversity Development Community, participated in the selectionof the new University President, the development ofacademic standardsandcurriculum development. I also worked withboth the Admissions andAlumni offices in the development of student selectionand Alumni involvement, respectively. Off campus, I worked in the MonroeCounty Office of theDistrict Attorney, whereI participated in the development of a CommunityPolicing Program which was madeeffective by theRochester Legislature. Finally, I worked at the US Information Agency, in Washington, DC, developing programs to send overseas for US Foreign ServiceWorkers to facilitate, and I prepared the agency's audi t as requested by the GAO. I take the idea of being a Class Directorseriously, and have thought of ways to improve UB Law School, and make our three years here fulfilling. Iwouldliketodevelopa"Forum with the Dean," so students can take their questions, comments and concerns directly to theadministration. We need to improve upon ourrecycling efforts, andlproposean AdHoc committee dedicated to that effort. Finally, 1 see a needfor more social interaction between students. Last week, a few first years (including myself) organized a "mixer" at The New Pink with the first year Mcd School class. More interaction like thisis important,and I wouldlike to continue these efforts, not to mentioninteractionamong studentsand alumniof our law school. The next three years will be challenging and rewarding for all of us. We will struggle together, play together and experience oursuccess together. I wouldbe honored torepresent our class in the SBAand begin tappingintoourpotential. Know that I am available to you, and want to hear what you have to say. My box number is6lo, if ever you wantto see me.orjuststopmeinthehall. Thank you for your timeandconsideration. I promise you my best effort in preserving our collectiveinterest in the SBA, look forward to getting to know you in the coming year. Mike Fruchter, 1L I am running for the SBA position because I have job experience that would be an asset to the law school student body. I have worked for two Public Relations firms that concentrate on the organization of forums, conferences and other special events. I wouldlike to incorporate this experience as an SBA Rep.by increasing the number of events that will give us, the students, thechance to make useful contacts and receive helpful advice. The more insightwe have as students will make it easier for us to adjust when we get into the real world. Plus, I would like to increase thenumberofStudent Bar-sponsored social events, thoughI might not be the only candidate with this idea. If this soundsrighttoyou, please me give your support. I am a Western New York native and a 1988 graduate of theUniversity ofRochester whereI majored in Political Science. Following graduation, I entered the Navy and spent four years on a ship followed by two years at a nice cushy desk job. The nice cushy desk job gave me the opportunity to work on my surfing, develop an excellent tan, andpick up a Master's Degree in Public Administration. So why shouldyou votefor me for Class Director? As your Class Director, my actions will be guided by five tenets: 1. Develop and maintain positiverelations withalumni. They are ties to the job market. Solicit their input on the positive aspects and shortcomings of their law school education. 2. Maintain an open dialogue with the faculty and administration. Bringing improvements to UB and ensuring a progressive curriculum is a team effort. The Student Bar Associationis thevoice that speaks forall UB Law students. SBA representatives must understandthe important role they play inimproving the quality of our law school experience. 3. Stay involved in the activities of University of Buffalo as a whole. A great strength of UB Law is that we are not an insular body, but actively involved with the greater University at Buffalo community. 4. Maintain a social, gregarious atmosphere among law school students. I promised most individuals who signed my petition that I'd ensure thebeer at SBA events would be COLD. I was not entirely joking. Thestudent body I met at orientation was one of the most diversegroups of people I have encountered. Each of the more than 150 individuals had unique life experiences to share. We're cheating ourselves if we do not provide ample social events to exchangethoughts andideasoutside of an academic setting. 5. Create anatmosphere where students are enthusiastic and involved. Sixteen lLs are seeking six Class Director positions, yet only two 2Lsand two 3Ls have submitted petitions. This appears to be a problem. As Class Director, one of my prime goals wouldbe to ensure this initial enthusiasmdoes not dissipate over the coming years. Absent any idea what real issues plague us, these are my philosophies, these are my goals, and as yourClassDirector they are whatI'll strive to achieve. JimGerlach, 1L I am a newcomer to campus politics. I never sought an elected office while an undergraduate. This presents two possibilities. First, I lack therequisite experience tobe an SBA Class Director, or second, I have no preconceived notionsof how the SBA should operate and will bring a fresh and original outlook to the Student Bar Association. I'm hoping you will choose the latter. George J. Hamboussi, 1L Whenasked by another student about what I thought a position i n the Student Bar Association entailed, my answer was that the job meant John L. Leifert, 2L Finally, our school's student representatives appear lobe working together and try 1ng to work for the students. This is important in order toregain the respectand suppori of the students. But, we must not become complacent; there is much to be done. While we have began to repair the mechanics of theSBA, we must sti 11 co nquer the mention private school Our school received all Honoisgrades. Clearly, there was no curve within the class. Was a curve i mposed upon theentire I list year which amazingly showed that all the students in that research and writing section were at the top of the entire 1L offersa great bargain financially, class? but it can offer much more. Other graduate schools at the Uutversity at Buffalo offer thesame financial benefits as well as a great reputationfeg.Medicine, Denial Medicine). Why hot the law school? This is a question for the SBA to tackle; we all suffer from a mysterious problem iwhich mandates a solution. Law students at UB are being bombjrded from all sides. The U niversify is trying to impose a fee on the use of the alhtetic facilities Had many oi us known that basic facilities of a University were not This of course leads me to the grading policy at our school Although the goal of the policy ts to reduce competition, in fact this is not the logical resull Time and again this is examinedand no satisfactory solution is achieved. One and tor all we must look at the gradingsystem and voice our opinion No one wi thintheschool understands what the grades mean (one teacher gave me an "H-"y. and those outsidethe st hi>ol k now even Substantive issues which require attention. Although this is the only New York State public law school, it still flounders behind most other states' public law schools not to ineludedihlhepriceof arfehdjutce,: we would have been at least surprised and perliaps hesitant to at- tend.:: What will cost future? \^?^SMSi Some professors apparently feel that grading guidelines do not aprjly;i<i |heih> To this grades hale not been posted:from the -Spring semester, wel I past the deadline*; %\Whal about}(»mmoii sense in grading? Itgoes unnoticed that one section of the last year's 1Lresearch and writing program ; : one had to represent the opinions of the students of their year. I also believe that the representatives elected have to feel strongly enough about these positions to follow through withthem. Before starting law school, I attended this university as an undergraduate and it has exposed me to theproblems and worries facing most of the students problems that I feel pertain even more to law students. I'mnot talking about the inevitable parking problem that comes along with going to a huge school; thatis something that can't be solved. There are other things that are more important such as the safety problems during our stay hereand the jobmarket oncewe — graduate. Since day one, everyone has expressed concern about thelevel of safety in the basement by the 1L lockers. This can be easily corrected a number of ways such as installing one of the blue lightphones that the school has all over campus, installing an alarm loud enough to get everyone's attention, and handing out rape whistles that attach to everyone's keychain. The second thing that is on everyone's mind is getting a job once we make it through these three years. Speaking to Ilene Fleischmann about the alumni pro- . less. Now that the SBA is acting moreprofessionalandtryingtowork fotthestudenfs. real improvement can be achieved We must fight with our student representatives tor our best interests. Last Spring, otic tlurdot the students voted m the electionsfor theexecutive officers ofthe SBA: Most of the stwtente read the Dpi nion. Do more" than learn about 1he decisionsother students ate making for you Voice your opi in cm. The Right to Vote Is the strongest mark of a democratic, jusisociely. Takeadvantageofthis onc- : [joy i : - if; gram brought to my attention the many programs and functions that are set up where students can meet alumni programs that are being ignored. These opportunities are of great importance to me and I promise to tryand workwiththem so thatthe advertizing is very visible. Although there have been many people who have told us not to concern ourselves with getting a job during our first year, thelaw school's alumni associationis the most active alumni association at the university and I'm very sure thatthefriendsand connections we can make today will be very important to us tomorrow. Although I haveonly mentioned two things that havebeen brought to my attention, I am also aware of the library hours and lighting concerns as well as the Alumni Arena fee debate. During my five years as a triple major at this university I've been veryactive i n thecomm unity as well as i n my fraternity and I hope to bring all of this experience with me to better represent my class. I am very open to new ideasandI hope that no one will hesitate to stop me in the halls and talk about them. All I ask isfive minutes ofyour time andyour vote on Sept. 21 or 22 and Ipromise that your opinions will be highly voiced at every meeting. — Remember to VOTE Tomorrow and Thursday! �September 20,1994 THEOPINION 7 1994-95 SBA Class Director Candidacy Statements 1L candidate statements, continued Caroline Hooper, 1L We haveall taken ona lot in the last two weeks meeting many new people, getting accustomed to an unfamiliar place and learning about the various student organizations. Not to mentiontheboredomof Civil Procedure and the wild antics of Schlegel. As I try to remember the 250+ newnames and faces, I couldn't be happier about being here. From the first day of orientation, I felt the comfortableandrelaxed atmosphere that sets BuffaloLaw asidefrom the — rest. Whileachievingasolidreputa- tion,Buffalo seems to haverealized what many other law schools have missed that a pleasant and helpful setting can be just as conducive to learning, if not more so, than strict and unapproachable law professors. The truth of the matter is no 1L really knows what SBA does nor what its potential is for the future. However, it doesn'ttake long to figure out there is a serious parking — problem on this campus or that various student organizations are continuously experiencing funding dilemmas. SBA controls thedistribution of funds to these organizations that are crucial to a well-rounded law education. lamhopingthatSßA can be a forumfor debateon theseand many other important issues. IfClass Director, I can onlypromise youthat I will try to the best ofmy ability to represent this class and tackle the issues that are important to you. It wouldbe my responsibility to listen to all ofyour concerns and ideas and aggressively illustrate them to the studentbody. Just to give you a quick rundownofwholam l graduated from SUN Y-Brockport with a double major in Political Science/Sociology and a minor in African-American Studies. I'm interested in Public Interest Law (thus my decision to attend UB). My interests tend to deal with civil liberties and civil rights concerns. I spent last summer workingforthe ACLU and volunteeredin a women's prison during my last academicyear as an undergraduate. lalsostudiedwomen'sissuesinThird World countries at Oxford. In my final semester at Brockport, I internedfor Congressman Rangel of HarlemwhereI worked onthe Health Security Act and the Crime Bill. I believe that these experiences have taught me how to dealwithall differ- I have several goals planned if I am elected to represent you as class as challenging and rewarding. The lLs have done an incredible job getting to know one another. I know together we can make the next three years thebest ever! — words like Generation X 7. Experience with law and attorneys partner in US&I Patent Drawings, works published in patents worldwide 8. I won't bombardyou with a single piece of propaganda (except for this one) 9. Initiated several events on campus, including the First Annual Engineering /^Formal 10.Because TomHeadrick was right you can't eat these torts Please, come to theCandidates Forum and ask me questions; it is truly thebest way to getto know who you are voting for. The forum is on Tuesday, Sept. 20 at 3:30 in room 109. Also, remember to vote on Wednesday and Thursday, Sept. 21 and 22. The voting booths will be outside the law library. - David S. Leone, 1L ent types of people under unique circumstances. I expect SBA to be just — director. The two most important goals are a strong SBA and a good student-faculty relationship. While petitioning, I received several excellent suggestions for more specific goals:parking for law school students, longer library hours, and escorts for late-night trips down to the lockers. All of these arepossible, but most efforts start and finish with a strong SBA and all efforts are facilitated by agoodstudent-faculty relationship. Enough of the political aspect of my intentions for running. I have summarizedmybackgroundandqualifications in the most acceptable Generation X format as possible a Top 10list of thereasons you should Mercedes 1L elect me. If your days include: getting the 1. Received BS in Electrical childrenoff to school; cooking; cleanEngineering from University at Buffalo ing; buying the groceries; washing thelaundry; mowing the lawn; paint2. I never inhaled 3. Two years experience, in ing your child's room; working at student government at U B your parent's shop; dedicating as 4. I can remember where I was muchquality time as possible to your when O.J. was running from the law family and waking up at 6 a.m. for 5. Former President ofinterna- "your" time, you may not have time tional engineering society (EtaKapto get involved withall the different pa Nu) organizations. Youmayonlyfindout 6. I don't use annoying buzz what is going on in your own law Katie Lee, 1L Hi there! Thanks to everyone whosignedmypetitionandputmeon theballot. Let me start offby telling you a bitabout myself. I am a graduate ofthe University ofMinnesota and a nativeof Syracuse. Ever since I was elected to student council in Bth grade, I have been involved in student government. I do not wantto write an extracurricular resume, but I will assure you that I am qualified to represent us lLs. I have done everything from coordinating social and educational activities, like casinonights, formals, andmuseum tours, to managing a $ 10,000budget for on campus facilities, such as student school through the newspapers or otherstudents. If you are, however, concerned with issues that will affect you directly or indirectly, perhaps you might consider voting for me, MercedesLindao. I was able to handle the same hecticscheduleplusmanage my own deli. Throughout all fouryears ofmy undergraduate career at Rutgers University, I interned for my congressman; at Rutgers, I was a founding member and treasurer of a National Sorority. Also, I have always found thetime to be an activevolunteer in my community. It would be an honor to repreand serve theneedsof lL's. The sent best offer I can give is to dedicate my time to become informedand to understand the issues that are important to all of us. — Lindao, lounges and computer labs. I'm not all that sure exactly whatSBA does, but my inquiries and past experience in student government tell me that I'll be allocating OUR money andcoordinatingOUß social and educational events. Believeit or not this sounds like fun to me. People asked me why I want to run, and I tell them that I would be boredifl wasn't someway involved in student government. I enjoy listening to student concerns, comments, and ideas, and I have been doing it almost annually for the last 8 or 9 years. I thinkI wouldmiss it! (Yes I am weird.) I can guarantee that this won't be a resume fillerfor me, where the primary taskis simply to get elected and have the title. That's the easy part. I have come to understandthat the difficult part is carrying out the duty ofrepresenting a large number of students withdifferent concerns and ideas. I am a hard working and dedicated individual, with an open mindwho won't put her feet on the desk once elected. I have already spoken to a few ofyou whohavegiven me somegreat ideas. These include more social events for lLs, such as a Halloween party and Friday and Saturdayafternoon intramural softballandfootball games. I have also heard some great ideas about networking next semesstudent, will win a position on the SBA. 7) Because Gil hates the NRA. 6) Because Gil likes surfing. 5) Because Gil is not afraid to speak his mind, despite the fact that he soundslike an idiot in Schlegel 's class. 4) Because Gil has a 24 hour party line onhis answering machine. 3) Because Gil is short for Gildardo, and boy isn't that a loadof yourback. 2) Because Confucious said "vote....,evenifyouhave no ideafor whom or why." And thenumberonereason that you should vote for Gil i5.... 1)Because it'sbetter than voting for Madonna!!!!! Catherine Nugent, 1L GilMichel-Garcia,lL Gil's "Top Ten" From the home office in Kaneohe, Hawaii, here are the "Top Ten" reasons why you should vote for Gil: 10)BecauseGilhas noideawhat being a student representative is all about. 9) Because none of the other candidates have any idea either. 8) Because if you don't, Dan Quayle, disguised as a Buffalo Law Ideally I wouldask eachof my classmates personally for theirvote. At which timeI wouldamaze everyone with my all-encompassing knowledge ofStudent Bar Associations. This not being an ideal world, in fact being far from it, I shall attempt to convey my overwhelming capability to be your class director in this editionofThe Opinion. Having never been a Student Bar Association Director I must admit to not having direct relevant experience. However I dothink that ter with studentsof the opposite sec- tions. The idea here lies in the fact that some of us are taking civil procedure and contracts and others are taking property and constitutional law. Next semester, this will be reversed. Why not utilize the best resources we have each other. (Believe me when I say you'll need something for Schlegel's contracts!) Concerns brought tomy attentioninclude parking, student lounges, and recycling. The first I can do nothing about because I don't owna bulldozer. However, I dohave experience "pepping up" student lounges to include some pretty cool student painted wall murals and comfortablecouches. Both thefirstfloor 1oungeand thesecondfloor smoking lounge could usesome work. I have alsopersonally noticedthattherecycling facilities in the law building are not all that great. Although they have gotten better in the last two weeks, I think the accessibility of receptacles needs to be broadened. — I encourage anyone with ideas to drop themoffinmy mailbox(#718) or talk to me afterclass. Ifldon'tget elected I will definitely pass these ideason. Pick your directors carefully. Remember thisis notapopularity contest. SBA is our voice and they are spending our money. I hope you afford methe opportunityto speak for all of you. Thanks, Katie Lee. ifone ofmy opponents does have this experience it must necessarily detract from their attractiveness as a candidate as it wouldsignal his or her second run at law school. I do have indirect experience in the form of working as a union organizer for the past three years. Of particular relevance, asan organizerforthe University at Buffalo Graduate Student Employees Union. Thepurpose, interalia, oforganizing workers is to empower them to improve theirwork environment. I will attack my role as SBA director (if elected) withthe same mentality i.e. I will empower law students to improve theirstudentenvironment. I say thisknowing that, as is frequently the case with unorganized workers, some students will not want to be empowered preferring instead that theirdirectordoall thework andj ust bring them good news. I canrespect that attitude and am prepared to represent all first year students with equal zeal. My experience withthe Graduate Student Employees Uniondoes particularly recommend me for the jobin that I've dealtwithTHE SYSTEM. I can see five areas that need attention right now based on my knowledge of advocating for graduate students' rights; PARKING, the "new" curriculum, arena user fees, reductions in benefits for assistantships andasbestos. I will not go into a lengthy discourse on these five subjects but will briefly touch on each andgo into detail at thecandidates' forum. The issue of Parking speaks for itself. We shouldhave i nputon the new curriculum Dean Headrick discussed in the Aug. 30 edition ofThe Opinion. SeeNUGENTpage eight Remember to VOTE Tomorrow and Thursday! �THEOPINION 8 September 20,1994 1994-95 SBA Class Director Candidacy Statements 1L candidate statements, continued Nugent, continuedfrompage 7 I proved tobe competent inhandling my duties as a Student Senator, and thus feel capable of executing the duties of Class Director with the many skills gained from this experi- years that lie ahead. students in theschool. There is one Other issues which have come thing I canpromise you, however, if Arena user fees came as a complete to myattention is the undesirability Mario Cuomo raises tuition again surprise to everyone and I thinkthat extra to use the Alumni this of'paying year I will lead the charge to in itself is a problem. We should Arena, thedesire for longer library FEED HIM TO THE RABID havebeen warnedofthiscontroversy ence. hours, building security (the baseDOGS!!! at ourorientationand theSBA should You are now faced with a diffiment is spooky at night) and the be informing its constituents of the cult choice to vote for those with integration ofthe law school withthe current status so people know how to experience, or those who decide to other professional schools and the budget for exercise. Thereduction in runonawhim. have I rest of the UB campus community. provenresponassistantship benefits refers to the sibility and dedication to student The small space I am allotted in this ongoing practice of thelaw school to the It is not a column government in past. precludes an in depth discusdowngrade pay andbenefits offered position that take issue, but I wouldlike to As an sionofeach I lightly. to graduate assistants. We neea to electedrepresentative ofmy class, I say that these are all very important investigate what is motivating the am there to serve them. I will beable issues whichdeserve adequate repadministration to devaluetherole of toprovide experience in studentgovresentation and advocacy. Both of graduate assistants. Lastly, there is ernment and a dedicatedwork ethic which, am I ready to deliver as a asbestos all over O'Brian Hall in to get things done.To get things done Class Director. manageable levels. To their credit, The power the SBA possesses foryou! the administration has conducted First I would like to thank all in determining where yourmoney is lengthy sessions to educate people theindividualswho signed my petibeing spent is an awesome one, as it on therisks involved. However this determines what your experience tion tobe a candidate for class direchas not been the case with first year Our class will have six represenhere at law school will be like. I take tor. students and thatis a problem. My tatives ona 22memberboardresponthisresponsibility and commitment advice for right now is not to disturb sible for thedistributionof approxivery seriously. I hope that you will any dust-laden books in the upper seek me out, as I will seek you out, to mately $100,000. floorsof the library. Being on numerous community get to know what your ideas, needs, I apologize for thecursory treatand school associated boards over and concerns are in order to properly ment of these issues. I hope we'll the last eight years, I have come to represent them. Please place any have time to discuss them at length understandthe importance ofknowcomments orsuggestioas inbox #789. andto know eachotherbetter. As my a constituent's needs and/or deVote for Veronica Rodriguez. ing campaignpromise, I promise not to sires. This is not necessarily intuiVeronicaßodriguez,lL take myself tooseriously or anything tive. A goodrepresentative shouldbe Ipromise coldbeer ateverylaw else for that matter. Thank you for easily accessible, approachable and school function!....Okay, I'm just your considerationandllookforward actively seekinginput. He/she should kidding. Moreseriously though, I can to the opportunity to serve as one or also have good management experionly make one kind of promise, and all ofyourclass directors. ence, in the area offiduespecially, that is to provide insightful leaderI possess these ciaryresponsibilities. ship whichresponds to the concerns and qualities experiences. ofits constituents. For the last six years, I have One common concern which heldseveral management positions. Has eme-rgedftam'theclass of 1997 Since 19921 have been VicePresihasbeen that of our professional fuTSV, dent of Inc. (a development ture (i.e. JOBS). As aresult, many of 1L Scan Shannon, which in company) my primary reus are interested in aligning ourLIPS: NO ATHREAD MY was the of sponsibility development selves with various student organiLETIC FEE FOR LAW STU$6 millionfacility. This posia new zations and extra-curricular activiDENTS BLAH, BLAH, BLAH. tion entailed everything from ecoties that will helpdevelopreal-world Seriously, I don'tintend to makeany nomic analysis to negotiating conskillsand knowledge neededinacutEricC.Ragot,lL throat job market. However, the blanket statements as to a political tracts to overseeing the construcplatform to run on, but I will say that tion. I also gained a considerable Although ithasoftenbeen stat- quality of some clubs and associasince arriving atthe law school, which amount of organizational experience ed before, you are being asked to tions at UB Law have been unsetthink I is great, there area numberof by holding theofficeof Presidentfor choose a class director from among tling. Since SBAcontrols thedistriissueswhich need to beaddressed to a civic organization,theBuffalo Juna group of people that you barely bution of funds to these organizaimprove the quality of life of the ior Chamber ofCommerce(BJCC). know. Thus, all I can tell you are my tions, myresponse as Class Director students. During my term we restructured the personal experiences and qualities wouldbe to help improve the quality the of the admisboardandby-laws, raised over a half In parlance that shouldprove helpful in fulfilling ofthese organizationsby promoting office, sions am considered a Nona million dollars for charities, and I more effective leadership, stronger the duties of Class Director. student (27-years-old were recognized as being one of the Traditional For two years I served in the connections with alumni, and qualididn't make up the term), andas top four chapters in the country. StudentSenate ofmy undergraduate ty mentoring programs with attor- andl well can beassumed havebeenout of My experience also taught me college. The Senate ofmy school neys in specialized areas of law. school for time. that a my large board can function effecsome During While preparing for the legal wasofsimilarcoastructionandfuncsiesta, held several and a concern I have heardfrom I positions tively tion as the SBA of theLaw School. profession is ofcourse serious busitravelled but there is several TheBJCC hada 17extensively, students. Therefore, I believe that the experiness, I am also in support of social one whichmade me aware -memberboardandalmost 250 memposition ence gained in my college years can activities which promote a sense of ofstudentconcerasandthenecessity bers. My presidency taught me inprove helpful withregard to theSBA. friendship that will last us throughof change and that was as a Resivaluable personal skills on how to There I learned what many limits out law school and beyond. Social dence Coordinator Purchase Colat get large groups to make decisions and opportunities are available to contacts are very important,after all have believed that and I in general how to get people to lege. always the is social. One legal profession members. To work with faculty, education could do more for work together. Skills that I hope will administrators and school staff to gets clients, and even jobs, through higher students, their and threeyears be I spent helpful to the SBA. accomplish goals aimedforboth the contacts with socialand professionand supporting students advocating Experience is not enough. A immediateand long term benefitsof al relationships. However, more than as a coordinator. The position gave class representative needs to be acthe students and school as a whole just professional contacts, we will proved to be a considerable chal- need thecamaraderieof our peers to me quite a bit of experience in deal- tively seeking what is best for our with administrators, programclass. Surprisingly, after listening to lenge, but one well worth the effort. support us through the three tough ing ming and getting people motivated. many first year law student's conThe number one concern I see as a cerns and aspirations for the next three yearsandbeyond I have discov"1L" is the lack of social programered that we all are very similar. ming and otherinteractive opportunities for first year students to meet We all want to do well and, and connect with each other. The believe it or not, most of us still are Cocktail Partyby thealumni associnot sure of the best way to achieve ation was fun (not enough food and this. We also tend to agree on most of they ran out of beer) and the SBA the issues. For example, we all have BBQ was great, but that was for all a problem with parking, most of us the law students. Each year has disagree with the proposed athletic particular needs and I believe that center feeand a large number of us ChaUengethecandfchtesattheCandkkUesForum! through the SBA we can improve the would like to see better security. I Today at 3:30 p.m. in room 109 law school experience for firs year have also heard many innovative students, as well as all the other ideas on everything from better fi- " TomTrbovich,lL nancial allocation of SBA funds to how to improve ourjobplacement, to newideasfor socials. My focuswould be on assisting our class. The best way to do this is by helping you to reach your goals. This means to act on your suggestions or help you act and make a positive difference. In some cases, such as the proposed athletic center fee, I'd be willing to spearhead the opposition. Graduating from UB in 1990 with an M.A. in Economics and being a former board member of the Buffalo ChamberofCommerce(now known as the Greater Buffalo Partnership), would enable me to utilize my contacts with the community and, hopefully, enhance an already excellent placement ratio in Buffalo. In summation, if elected I'll always try to be available to address your needs, I will fight the proposed Athletic Center feeandl will continue to help SBA bring you the outstanding programming from social to education to jobrelated. I believecommunicationis the first step to achieving mutual goals. So please shareyourideas withme in person or call me at home 832- -1817,TomTrbovich. -- We are here for three years. Please help me make sure the SBA represents you by voting Tom Trbovich on the 21st or 22nd. - — SBA ClassDirectorElections Tomorrow andThursday Sept. 21 and 22 from 9 a.m. to 4 p.m. outside the law library. JenniferVick, 1L Hi. My name is JenniferVick and I am running for one of the six cl ass director positions availablefor first-year law students. There are 14 othercandidatesandl'm sure you're wondering how to make these choices after knowing us for only three weeks. This is my chance to tellyou a little about myself. I believe that the SBA is an organization that encompasses all the students in the law school, regardless ofyear. In orderfor theSBA to work well, thedirectorsneed to be wil ling to work hard and dedicateas much time as needed. I feel I can be a good representative forall the students. I am easily approachable and will be available to hear your concerns and any questions you may haveabout our student government. I want to ensure thatthe 3-4 years we spend here will be the best they possible can, starting right now. Afew ideas thatI have include implementing a recycling programat the school, and to have a few more social events, both off-campusand on. After all, we will be spending the next three years together. Let's enjoy them! Officialcandidates who are not listed in this guide did not submit statementsto be wblishedin TheOmnion. �September 20, 1994 FEATURES FEATURES THE OPINION 9 What social life? A New York City native's guide to the wonderful city ofBuffalo by Jeffrey Weiss, columnist If you're like a typical person who arrived in Buffalo from a far-off just it is place, quite likely that your first reaction went something like this: "Get me out ofhere! I thought Cleveland was the most pathetic city in America. I guess I was wrong." I am writing to let you know that while Buffalo is not a booming metropolis with all the frills that NewYork City or Boston has to offer, it is a nice little city thathas more things to do than most people realize. Ixt's start out with restaurants because everybody loves to eat. It seems that Buffalo's most popular natural resource i s thedelectableobject referred to as theChicken Wing. The word around town is that Duff's, on the corner of Sheridan Drive and Millersport Highway, has the best wings in town. Go try them. If you're feeling historical, then you shouldgodown to theAnchorBar on Main Street because our history books tell us that chicken wings were invented in that well-knownestablishment. Thebest thing aboutBuffalorestaurants is that they offer a wide variety of choices. Even the most ficklefood connoisseur will find a place to satisfy his/ her appetite. If you're in the mood for terrificThai food, thenyou shouldpay a visit to Jasmine's on Niagara FallsBoulevard. I recently bumped into fellow second-year law student SadaManickam as he was walking out ofJasmine'sandhe joyfully claimed, "That was the best Panang beefI've ever had." Some people prefer theAmerican CoffeeHouse atmosphere that was prevalent in the 19605.If youfall intothis category thenyou should check out Amy's Place on MainStreet. They offer huge breakfasts at very low prices but are bestknown for theirlentilberry sandwiches, chicken souvlaki, hummus andbabaganoush. I don't know about you but every once in a while I have the urge for a lean cornedbeef sandwichfrom akosher deli. That' s noproblem up herebecause we've got Mastman'sKosher Delicatessen on Hertel Avenue. They proudly boast that they have thebestcornedbeef inBuffalo. Howabout pizza? If you li ke typicalNew York Style pizza with a soft crust then youhave to stop by I.co'sPizzeriain the Boulevard Mall. However, if youprefer Buffalo-stylepizza witha hard crust then yourbest bet is La Hacienda on Brighton Road. Ifpizza is not yourstyle, then why don'tyou try a big fat roast beefsandwich, curly fries and some custard at Anderson's on Sheridan Drive? Their sand- wiches are delicious. In addition, you might want to throw down a few donuts, so stop by Jet Donuts on Sheridan Drive and order a dozen or two. Most people know that I love Chinese foodandafter one long year uphere I finally found a good place, May-Jen ChineseFoodonKenmoreAvenue. You can eat it there or takeit to go, but as the rap star Hammer says, "It's all good." When you're done eating at May-Jen's, then you should go next door to Ben & Jerry's for the best ice cream in Buffalo (and theworld). Ifyou've never triedßen & Jerry's then you're missing out, trust Amy 'sPlace on MainSt. hasgreat pancakes me. ican Sports Bar and Grill located in the many of thewonderful sights such as the All right, that's enough already about Ramadalnn. numerous ships and the majestic lightfood. By this time you're probably wonIf you really want to journey into house. Alisa Lukasiewicz gave me the dering where you can party in this town. downtownBuffalo, then you shouldmake following advice, "You'vegot to go down The simple truthis thatBuffalo has more ityourbusiness to patronize Jim Kelly's to The Hatch (a popular concessionstand bars per square milethan any other city Network and Garcia's. Both of these along the waterfront) and try theirStrawin America. It seems that onjust about places are always hopping on theweekberry Cheesecake Ice Cream." AnotherBuffal ostrong point is their every street corner there's a bar. Let's ends (except, of course, when the Bills start out with theMainStreet strip, which lose in theSuper Bowl). Howabout ifyou sports program. By now you shouldhave is the preferred location for most of the just want tostay near theNorth Campus? realized that this town lives and diesfor undergrads at ÜB. You can choose It's not a problem because you can stop the Buffalo Bills. Sara Dodman put it betweengoingto3rdßase, P.J. Bottom's, into Jack's Place (across from the best whenshe said "Your stay inBuffalo Molly's, The Steer, or Mickey Rats. All Marriott), TheOut ofToonSaloonlocat- is not complete without a trip to Rich ofthese taverns are a stone's throw away ed in theMacaroni Company, T.G.I.F.'s Stadium to experience a Bills game." from the South Campus, but if you go in the Boulevard Mall or even The However, thisis not justa football town. further down Main Street you will find Raintree inTonawanda. The Aud, justa few subway stops away, theStuffed Mushroom, theCentralPark Buffalo hasmuch more to offerthan is the home ofthe exciting hockey team justbars and restaurants. Ithas a number known as theBuffaloSabres. In addition, of cultural highlights that are quite imThe Aud is the home of a roller hockey pressive. The AlbrightKnox Art Gallery team, The Stampede, and indoor soccer in Delaware Park has received internateam, The Blizzard and the two-time tional praise in recent years. Their colindoorlacrosse champions, TheBandits. lection boasts the works of Van Gogh, Let's not forget baseball. The Buffalo Monet and many others. This is definiteBisons are now the AAA affiliateof the ly one ofBuffalo's best kept secrets. In Cleveland Indiansand play at beautiful addition, the Buffalo Zoological GarPilot Field. All of thesesports programs dens are also located in Delaware Park. provide a great dealofexcitementfor this This is a top quality zoo thatalso offers town. student discounts. Aaron Pierce, one of Buffalo has a large number of golf our fellow students, gave me thefollowcourses including the nearby Grover Grill(CPG's) and theNew PinkFlamining words of wisdom, "Don't miss the Cleveland course which is next to the goAnotherBuffalo hotspot is the area prairie dogs." I sure won't. In addition, South Campus. The word on the streets surrounding theintersection ofDelaware there is also a fabuhpus Natural History is that it is a decent course that is also and AllenStreets. It is there where you Museum located in Delaware Park that affordable. Ifyoudon't like golfing, then why not try simulatedrock climbing at willfind happening places suchas Coulter certainly merits an afternoon visit. Howabout music? The locatLumber Aud, City Rock Gym on Niagara Falls Bay, Babaloo' s, Mother' s, TheBrick Bar, Buffalo, downtown all of the Boulevard The Old Pink Flamingo, The Locker ed in in Tonawanda. It seems gets hottest concerts. Last year, megastars they'vegot somethingfor everyone here. Room and Gabriel's Gate. If these bars don't do it for you, then I suggest you such as Bryan Adams, GarthBrooks and In addition, Letchworth State Park in check out the strip on Elmwood Avenue Rush stopped by to put on great shows. Mount Morris, New Yorkis less than an near Buffalo State College. There are a However, if it's classical music that you hourandahalfawaybycar. This breathnumberof popular taverns in this part of desire then I suggest that you stop by taking park has great hiking trails and town such as Goodbar's, Cole's, No Kleinhan's Music Hall in downtown beautiful waterfalls. If this is not your Name'sandToon's. What about ifyou're Buffalo, the home of the Buffalo cup of tea then maybe you shouldtake a drive to nearby Niagara Falls, play some justlooking for a nice sports bar to hang Philarmonic Orchestra. In addition, Bufout in and watch a ball game? Then I falo's Theater District seems to get bigminiature golf at Putt-Putt on Sheridan suggest you take a drive over to Transit gerandbetter every year. Fellow student Drive or bowl a game at Sheridan Lanes, Roadand spend an eveningat theAmer- Carolyn Pratt put it best when she said, also on SheridanDrive. "Buffalohas a lot to offer ifyou look for Another strong point thatBuffalo it. The artisticand theatrical community has to offeris its high-quality malls. The is quite strong." Boulevard Mall on Niagara FallsBouleDowntownßuffalo is alsothehome vardhas approximately 100stores and a of the ErieBasin Marina. The Marina is newly-opened food court. The Eastern located in the city's waterfrontarea and Hills Mall on Transit Road is a much admissionis free. Take a pleasant afterlarger version of the Boulevard Mall. noon walk around the Marina and enjoy See GUIDEpage JO The simple truth is thatBuffalo has more bars per square mile than any other city in America. The CentralPark Grill on MainSt. is a popular law student hang out. The StuffedMushroom on Main St. has great beer. Featurephotos by John Gasper �THE OPINION 10 The Roaming Photographer < by John Gasper, PhotoEditor This week's question is. .. What issues should the SBAaddress? Kevin Barry, 2L "The SBA should lower the $50 activity fee they charge each student." FEATURES September 20, 1994 Group Spotlight: Entertainment and Sports Law Society back in business by JosephBroadbenl, NewsEditor After a three-year absence, the Buffalo Entertainment and Sports Law Society has returned to active duty in thelaw school, accordingto the group's newly-elected president, second-year law student Andrew Freedman. Freedmanwas "happyand surprised" with the turnout of 35 students for the first informational meeting held Sept. 1. He said this demonstrates the strong student interest in the area of sports and entertainment law, a field traditionally neglected in the law school'scurriculum. Freedman stated that the group's main goal is to petition the administrationfor a seminaror class related to the field of sports and entertainment law. Other goals of the group are to provide students Guide, "Let's try to keep O 'Brian Hall exclusively dedicated to Law Studies, especially the library. " rhotnyJifaspe^ Andrew Freedman, president to electing Freedman as president, Jim Mackenzie was elected vice president, Lynn Wolfgang was elected treasurer, and Mike Ganon was elected secretary. Students interested in the group can contact Freedman through his mailbox (#B6). continuedfrom pagenine However, the granddaddy of themall is the Galleria Mall in Cheektowaga. Simply put, this mall has it all. The Galleria has a gigantic movie theater, tons of places to eat and all of the most popular stores. It's a great way to spend the day. Finally, an article aboutBuffalo is not complete until you talk Jennifer Scalisi, 2L with information regarding thechanging issues in entertainment law, to eventually provide a journal for interestedstudents and to develop job leads for students interested in the field. Among some of the topics the group plans to address are cable law, visual arts law, music law, and trademark infringement. The Society is in theprocessoflining upspeakerssuch as Mike Gentile, who is the current attorney for the UBAthletic Association. Currently, Freedman added, there is no faculty member who is actively involved in the field, aproblem that he hopes will be remedied. The club would like to see a class or seminar as part of the law school's new curriculum. On Sept. 8, the Society held electionsfor itsofficers. In addition aboutskiing. I'msureyou'veheard that Buffalo has been known to get some snow from time to time. That means onething-great skiing. Many Buffalonians flock to nearbyKissing Bridge and Holiday Valley ski centers to hit the slopes. There is even an organization on campus known as the Schussmeisters skiclub thatprovidesbus transportationand very low rates for its members. Fellow student AlexBernstein put it best when he said, "It's thebest skiing deal that you'll ever get." Now that must be good. Well, I hope this guide to the ofBuffalo will help make your city three-year stay at UB Law School a more pleasant experience. You mast remember the golden rule about law school: an unhappy student will surely be unsuccessful in his academic career. Therefore, be adventurous, experiment and try something new. See what this city has to offer. Who knows? You just might like it. \ Liz Goldberg, 2L " The SBA should encourage a broader curriculum, such as more clinics, more oral advocacy classes, and more practical and specialized private sector lawclass- C *\ -J I * es." ATTENTION FIRST - YEAR students REGISTER FOR BAR/BRI WITH David Koepsell,4L "SBA should address standardization of joint degree programs. As they stand now we 're lost at sea in a virtual adhocracy." NO $ DOWN AND RECEIVE: * THE BAR/BRI riRST-VEAR REVIEW BOOK CONTAINING OUTLINES & HtACTICE QUESTIONS ANI) ANSWERS FOR ALL-FIRST YEAR SUBJECTS + * Leslie Piatt, 1L ACCESS TO ALL FIRST-YEAR REVIEW LECTURES. ARTHUR MILLER'S CIVIL PROCEDURE LECTURE + "SBA should work to improve lighting in the library andto extend library hours." * HIE "LOCKED IN" CURRENT DISCOUNTED TUITION + * THE KNOWLEDGE THAT YOU HAVE ENROLLED IN THE NATION'S LARGEST AND MOST PERSONALIZED BAR REVIEW COURSE , %, PLEASE NOTE: MpbD Until next time. .. INCLUDING TO PRESERVE THE "LOCKED IN" DISCOUNTED TUITION, YOU MUST PAY A $75 REGISTRATION FEE TOWARD YOUR BAR REVIEW COURSE BY JULY 15 AFTER YOUR FIRST YEAR OF LAW SCHOOL. _ JM $W*^ -T �September 20,1994 THE OPINION 11 Th c Docket TUESDAY. SEPTEMBER2O Liberties Union. Sponsored by The Federalist MONDAY. OCTOBER 3 Society. 2:00- 12:00-2:00pm 4:00CareerPanel: An informational presentation on careers in public practice settings. Speakers include Brian Mahoney (Erie County D.A. 's Office) andRobert Elardo (Volunteer LawyersProject). 3:30MandatoryMeeting: The Prison Task Force Room 106. First years are encouraged to atwill have a mandatorymeeting for all members in tend. Sponsoredby CDO and Buffalo Law Alumni GOLD group. room 106. Informational Meeting: Medical-Legal Society will hold an informational meetingand elections in room 106. All are welcome. Teleconference: A nationally broadcast teleconference concerning the futureof public interest law; "Forging a New Vision of Justice". Speakers include Harold Koh (Lawyer for the Haitian Refugees) and Marian Wright Edelman (Children's Defense Fund). Following the teleconference there will be a live panel discussion involving local attorneys active in public interest law. Viewing location: Spaulding, room 252. Sponsoredby the 9:00WEDNESDAY. SEPTEMBER2I SBA BASH: Meet at the Central Park Grill. University at Buffalo School of Law. Get there early!! FEATURING: The Blackcat 4:003:30CareerPanel: An informational presentation Blues Band. FREE ADMISSION w/ ID. FREE Initiation Ceremony: Newmembers ofP.AD. on careers in private practice settings. Speakers BEER!!!!!!!!!!! be initiated in an unknown location. will include Colleen Doyle (Brown & Kelly) and EdSUNDAY.SEPTEMBER2S ward Jozwiak (Benderson Development, Inc.). UPCOMINGEVENTS: Room 106. First years are encouraged to at6:oopm-9:oopm tend. Sponsoredby CDO and Buffalo Law Alumni OCT6: Law School Gym Night: Everybody is enGOLD group. -CDO Program: "The Hiring Year" come on down the couraged to to Alumni Arena Triple Gym and have a great time. Volleyball and 4:00OCT 11: Mandatory Meeting: Mandatory writer's Basketball will be options for the night. We have Desmond Letters of Intent Due meeting in the Opinion Office, room 724. All the gym to ourselves, and its FREE! !! writers must attend. OCT 14: MONDAY.SEPTEMBER26 Desmond Briefs Due 6:30March for theAnimals: Marchers will meet Rush Week: Phi Alpha Delta Rush Week OCT 22: at Diefendorf Lot. The march is to protest cruelty begins todayand runs through the 28th. Sign up on Convocation on New York's Domestic to animals in our society. Sponsored in part by the first floor. All are welcome to join. Violence Law S.O.LA.R. WEDNESDAY. SEPTEMBER2B 7:30Argument Outlines Due: For those of you Lecture: The march above will be followed by a lecture in 149Diefendorf Hall. Guestspeakers competingin the Desmond Moot Court Competiwill be Betsy Todd, RN, MPH and Bill Dollinger, tion, make sure you get your outlines in today. an investigator for Friends of Animals. Sponsored Check your info, sheets for the specific time deadline. inpartbyS.O.L.A.R. - Attention all law groups! Advertise your THURSDAY. SEPTEMBER22 FRIDAY. SEPTEMBER3O 3:30First Amendment Debate: A debate on the free-speechrights ofanti-abortion protestors. All are welcome. Room 109. Guest speakers will be Professor Lucinda Finley, attorney for the ProChoice Network ofWNV and David Jay, member of the Board of Directors for the New York Civil Jessup Memorials Due: For those of you competing in the Jessup Moot Court Competition, your memorials are due. Five to eight pages of riveting international law will be expected. Check your competition packet for the specific time dead- SBA Board ofDirectors Election to be held Wednesday andThursday, Sept. 21 & 22. The Opinion Voting booths at the law Thursday, Sept. 22 library open from 9 a.m. to 4 p.m. A Candidates'Forum is scheduledfor Today at 3:30 p.m. in room 109. organizational meetings on TheDocket page and tell us about your upcoming events! line. Writers' Meetings: either Tomorrow, Sept. 21 or at 3:30 p.m. in The Opinion office. DRUNK Attendance at one of these days is mandatory. DRMnWeSN'TJUST KILL DRUNK DRIVERS. Andrea Harris, kitted August 20, ttmi ut &Wpm un Rl Cdmitto Rati, Atumiderv, Catyhfnia. Next time your friend insists on driving drunk, do whateverit lakes to stop him. Bet-awe if he kills innocent people, how will you live wild yourself? S5! *, I Liz, we get grumpy when we're hungry! ThanksBen! We like you Sue, At least it's not H:.W -Z TaFrnid,yan<mrbig -o: wmchtugraeiui ThanksLesaandUsa! ~„„„„, ril he home for breakfast! I loveyou. Canyou believethai blatheringfool'/Mush ado about nothing... Another good issue "Z"; way to go! Thanh for everything. Personals are FREE!!! Place yourpersonals in box* lOandwe mightprint it. A very special thank you to PeterBeadle for slaying up really, really late lo make sure our newprinter worked It did! - -ice- foe, ewrvdoghaxhistiavf Hid he, vim know, on thecouch? �12 I THEQPINION September 20,1994 WE'RE NOT THE BEST I BECAUSE WE'RE THE WE'RE THE BIGGEST BECAUSE WE'RE THE BAR REVIEW 800-472-8899 1994 BAR/BRI � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Opinion, 1994-09-20 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. Opinion Vol. 35 No. 2 Date Issued Date of formal issuance (e.g., publication) of the resource. 9/20/1994 Bibliographic Citation A bibliographic reference for the resource. Recommended practice is to include sufficient bibliographic detail to identify the resource as unambiguously as possible. 35 2 Publisher An entity responsible for making the resource available University of Buffalo State University of New York at Buffalo Law School Language A language of the resource eng Type The nature or genre of the resource Newspapers Text Is Part Of A related resource in which the described resource is physically or logically included. LIB-LAW003 Rights Information about rights held in and over the resource <a href="https://rightsstatements.org/page/CNE/1.0/">COPYRIGHT NOT EVALUATED</a>. The copyright and related rights status of this Item has not been evaluated. Please refer to the organization that has made the Item available for more information. You are free to use this Item in any way that is permitted by the copyright and related rights legislation that applies to your use. This digital collection is made available for research and educational purposes. Researchers are responsible for determining copyright status, and securing permissions for use and publication of any material. Copyright for items in this collection may be held by the creators, their heirs, or assigns. Researchers are required to obtain written permission from copyright holders and the University Archives prior to reproducing or publishing materials, including images and quotations. For inquiries about reproduction requests and permissions, please contact the <a href="http://library.buffalo.edu/archives/">University Archives</a>. If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/2285f6bfec1be1b95063085c28ebbf87.pdf e7db9dcbc11f8a7c8d558099997ba1f8 PDF Text Text J J OP/ED NEWS Smoking isbanned on campus. See story on page 10. J DeanHeadrick welcomes incoming law class. Seepage 5. FEATURES UB Law in a nutshell See story on page 7. Bringing/he issues to thestudents since 1949 THE OPINION Volume 35, No. 1 STATE UNIVERSITY OF NEWYORKAT BUFFALO SCHOOL OF LAW August 30,1994 UB Law unveils new curriculum byEvan Baranoff Editor-in-Chief Smaller classes and fewer blue book exams are in thefuture for UB law shidents as well as a school year that begins after Labor Day, according to Tom Headrick, theacting law school dean. DeanBarry Boyer is on SabbaticalthisFall. Boyer on sabbatical in Europe by Karen A.M. Bailey, .NewsEditor Law School Dean BarryBoyer is on sabbatical for the Fall semester, leaving Associate Dean Tom Headrick as acting dean for this semester. In a memorandum to the law school community, dated July 27, Headrick ex- plained that theDean isspendinghissabbatical in Europe. Boyer is expected to divide his tune between Jagiellonian University, Krakow, Po land and theInternational Institute for the Sociology oftheLaw inOnati, Spain. Accordingto Boyer's secretary, Cheri Tub mis,the dean willbetravelling throughout Northeastern Europe until early September.During this period, hewill take and teach courses at the institute in Onati. Later inSeptember, Boyerwill serve as theUniversity at Buffalo SchoolofLaw's designee at Jagiellonian. As aninvited scholar, the dean will take part in Jagiellonian's processional ofscholars and spend the remainder ofhis sabbatical there. At Jagiellonian, he will present a paper entitled,"Making Regulatory Analysis Work." According to Stuart Graham, Boyer's research assistant, this "paper is intended to explain the U.S. experience withregulatory analysis, especiallyfroman environmental context" Graliam pointed outthatBoyer,whose professional specialties are environmental and administrative law, plans to "explain Hiemeans [that] U. S. environmentalregulation and the concomitant attempt by U.S. regulators to weighits efficiencyand efficacy." The dean'sresearch assistant ftirtherexplained thatPoland, "which is coming outofdecadesofcommunisttotalitarianisin and suffering from the effects of flagrantenvironmental mismanagement" is likely to have an interestin U. S. environmentalregulation. In addition, Boyerwill be working on curriculum projects, jointprogramsbctwcen botlifacultiesandresearch on environmenSeeßOYEßonpageW "We want to keep the classes small so the faculty can give writing requirements," Headrick said. "We'removing away froman exam format." Concerned about the tough legal market and the changing characterofthelegal pro fession,thePlanning Committee has been searching for innovativeways to prepare law shidents to meet these problems, Headrick said. In a memorandum issued bythePlanning Committee, the Committee wrote, "We are now convinced thatwe have to do more than justteach our students toflunk like lawyers. Wemust also equip them to work like lawyers." The new curriculum plan, which will emphasize writing and oral advocacy skillsand directed individualstudy, wasappn > ved inprinciple by the Planning Committee for the law school inMay of 1993 and is expected to be in place in someform by next Fall. All that'sleft now is to work out some ofthe details of the proposal, Headrick said. These details should be worked outjust before commencement, he added. First-year law students are already experiencing some oftlie curriculum changes. Firstyears arenowtaking an upgraded,small-group research and writing program that will extend The remainderofthefirst-year curriculum will remain the same, requiring the traditionalcore courses in Pr< >perty, Contracts, Torts, Civil Procedure, Criminal Law and Constitutional Law. The more dramaticchanges in thecurriculum will come inthe upperdivisions, Headrick said.More concentrationsand sequences will beoffered for second- and third-year students. These concentrations will include designated courses, aqualifying exam in the second year, and atliird-year concentration colloquium ma seminar-type setting. overtwosemesters. Currently, what most law students reUnder the new plan, first-year law stu- ceive is a series ofintroductory courses. Aldents will also be required to take a statute/ though these courses provide students with a regulation based course to contrast the old good overview ofthelegallandscape, Headrick common law courses anda Perspectives course said that students require classes that will focusing onproblem-solving. The detailsoftliis develop their analysis and problem-solving Perspectives course havenot yet been worked skills. He said the sequences and concentraout. See CURRICUL UMon page three A Toast to the Class of '97 AlumniArena user fee hits roadblock byPeterZummo, iManaging Editor Graduate students who use the Alumni Arena facilities may face a user fee ofmore than $ 100per studentper year iftheAthletics Department and the graduate studentgovemmentsdon'treachanagreementbeforeOct. 1. Starting Sept. l.allUniversityatßuffalo graduate students who wanted to use the Alumni Arena facilities would have to pay a user feeof $ 125 peryear, $51 per semester, or $4 pervisit to theArena, buttheimposition of this fee has now been put on hold until atleast Oct. 1; according to Robert Palmer, UB vice president for Student Affairs. Mo stgraduate students currently usethe Arenafacilities free ofcharge or fora nominal amount. The undergraduates A contributes at least $240,000 from activity fees and is not required to pay any additional fees. Faculty and Staffalready pay user fees. When the various graduate student governments became aware ofthe possible imple- mentation ofthefees, they approached Palmer in an attempt to resolve the problem with the Afew m emhers ofVBLaw's newest class enjoyth c complimentarydrinksata cocktailparty held at the Centerfor TomorrowlastMonday. Theevent, whichgaveincominglawstudents andmembers ojthefaculty andstaffthe opportunityto get acquainted, was sponsoredbythe UBLaw AlumniAssociation. Athletic Department. "Although the Athletic Department doesn't report to me, I agreed to act as a facilitator in this dispute," Palmer said. SeeARENA FEEonpagelO Military recruitment ban may cost UB federal funds sexual orientation. Servicesrecruiting from their campuses. byPeter Zummo,.Managing Editor A lesbian UB student had sued theuniin The bill was the House and is passed The ongoing controversy over military now action the Senate. that permitting military reversity,charging in awaiting recruitment on the campus may have a very on was a violation of the campus cruiters Last SUNY miliFebruary, orderedall high price tag for ÜB, approximately $2.6 executive order. tary recruiters offcampus with incompliance million. In a related development,an $800,000 An amendment to the $263.8 billion a 1993 State Supreme Court ruling that held grant on for breast-cancer research that was detheUB allowingrecniiters campusviolated defenseauthorization bill, sponsored by Rep. to in July has been temporarilyreinan executiveorder nied UB original lyissuedby GoverSolomon, would re(R, Glens Falls) Gerald stated. An state article in the The Buffalo News 1988, nor Mario Cuomo preventing in that quire Defense Departmentresearch fundfrom on the of agencies discriminating basis to that bar Armed See MILITARYBAN tmpage 10 ing be denied universities �PIEPER BAR REVIEW WANTS YOU T0... Be a Winner! I ALL IST. 2ND OR 3RD YEARS: I I I I Pieper NY-Multistate Bar Review is looking for a few good persons to be representatives at your law school. If you're at all interested, give us a call. I I I I CALL 1-800-635-6569 I Work on earning a free Bar Review course. I I COME JOIN THE PIEPER TEAM!!! I rV "it t-» Xl .*.» KM OB U4M * M «Mk w*M -**». r**» ***-„ f*#> W«w «■■* «*v* *wn mv fta. MM ij*r ,-..-* *~f. -j* �August 30, 1994 NEWS THE OPINION 3 Weiss, Tenebruso appointed SBA social chairs Last Supper? IbyEvan Baranoff,,Editor-in-Chief\ In an effortto increase the numberofsocialeventssponsored by the SBA, Student Bar Association President Ben Dwyer has appointed second-year law students JeffreyWeiss and Jennifer Tenebruso co-chairs ofthe SBA social committee. The appointment, which was made over the summer, will be for theacademic year, pending Board approval. "We should have more events that bond students togeth- er," Tenebruso said. According to Dwyer, the position has two functions: to come up with ideas for social events and to help organize these Top left: SBA Social CoChair JeffWeiss helpsfeed hungry law students at the BairdPointpicnicsponsored by the SBA. Jim Syta, 2L, looks on with anticipation. events. Weiss saidthe SBA isplanningmore bar nights, amixerwith the medical school,acommunity service day in October andagym night at the Alumni Arena. Tenebruso added that the SBA hopesto sponsora formal or semiformal in eitherDecemberor January. "We want all the shidents to come out and support every SBA social event," Weiss said. "It's not the event that makes it Top right: Law students enjoy theirlast few moments offun andrelaxation before the new semester kicks in. Bottom right: Beer flowed freely at the SBA'sfirst socialeventoftheyear. successful, it's the people that attend the event." Law Review: New Associates, New Approach by Karen A.M. Bailey, NewsEditor As the new academic year begins, The Buffalo La w Review has 3 7 new associates, a new programand anewapproach. According to Law Review Editor-inChiefKevin Szczepanski, theLaw Review is notonly obligated to publish articles, butalso participate in the law school community. To meet the latter goal, Szczepanski plans to institute a mentoring program forfirstyear students. TheLaw Review will providea contact list ofmembers who are interested in helping first-years withinformation on courses, research, writing and study skills. In addition, La w Review members may also particito pate in freshman briefing sessions on thelaw school process. Szczepanski said he is concerned with alleviating the current "notion on the part of studentsthattheLaw Review is divorcedfrom the rest ofthe law school community." The Law Review's constitution mandatesthat 10percent ofthestudent community comprise membership on theacademic journal. As the school' s population increased, the number ofassociates accepted on the journal also increased. In 1951,10 students published the pioneer issue ofthe journal.This year, the Lawßeviewhas75 members, 37 ofwhomare new associates. The new members were selected from last semester's casenote competition. A casenote is an analysis ofa recent appellate division. Students may either participate in the competition during Spring Break or atthe end of the spring semester. According to Szczepanski, 186studentspicked up casenotes and 130 ofthose students actually completed What's a Q+: A futile attempt to explain the grading system byPeter Zummo, ManagingEditor The grading system atUB law isunusual, to say the least The grades are H, Q+, Q,Q-, D and F. No one inor outside thelaw school claims to havea completeunderstanding ofthe difference between some ofthese grades or how they are assigned. Suffice it to say, an H is supposed to signify workabove thenormal range ofperformance, while a Q,+ is at the highendofthenormalrange ofperformance. You get the idea. According to the "Grade Key Explanation," that is sent out with official transcripts, this system "was designed with die expressintention ofalleviating grade competitionand liasbeen highly successful." There areno classranks, and no numerical weights are assigned to theletter grades. Welcome to the world according to UB Law. All exams at thelaw school are anonymously graded. Thismeansthattheprofessor does not know the name ofthe person whosepaperheorshe is grading. Each exam bookis givena number, whichis thenmatched up with yourname by A&Rafter thegraded exams are returned by the professors. The grades aremen posted by studehtnumbers on the big red dotacrossfrom A&R on the third floor. Don'tholdyourbreathforyour grades, as many professors are late in grading your exams. Ifyou're lucky you should have all your fall grades by the middle ofthe spring semester,although going to the endofspring semester for fall gradesis not unheard of. Be patient, and remember, grades are not the onlything in life. r— —————————————————————————i Probing, Timely, Controversial, Beer, Beer... (oh, did we say beer twice???) them. Law Reviewrules and regulations state representation ofracial minorities and ecothat new members may be selected in one of nomically disadvantaged orotherwise handithreeways: (1) An equalweighing offirst-year capped students within the Law Review's grades and a Casenote evalution score, (2) membership" is at least the same proportion as solely on the basis ofa well written Casenote, theirrepresentation within their law school or (3) via a personal statement considered in classes at large. According to Szczepanski, the selecconjunction with first-yeargradesandCasenote scores. The personal statementoption isapart tion of this year's associates was consistent of the Law Review's effort to ensure "that withall three aspects ofthe selection method. Curriculum, continuedfrompage tions will help develop such skills. Under the new plan, second- and thirdyear students should expect smallerclass sizes and fewerblue book exams. Eighty percentof the upper division courses will require oral or writtenpresentationsfocussedonpractice-related skills.,according to thenew plan. Secondand third-years willalso be required to maintain a portfolio ofwritten work and oral presentations. Headrick said thenew plan will encourage faculty members to "rethink what they're doingand look forinnovative ways forteacliing and structuring theircourse materials." Upper division students will also have the opportunity totakeshortcourseson focussed legal topics and fordirectedindividual study. The short courses, usually one-credit, will allow students to venture into different, specialized areas ofthelaw tliat wouldn't be appropriate for an entire semester class, Headrick said. He said many ofthese classes can be taught by practicing attorneys in their fields ofexpertise. The directedindividual study willallow students to explore a legal area on their own. "No law school can cover the landscape and no lawyer can afford not to keep pace with thenew developments,"the Committee wr< >te in its memo. "Thus, the Law School must enable itsgraduates to learn new fieldson their own." one In orderto accommodatethenew curriculum,the academic calendar and class schedule will be changed. The new academic year will begin after Labor Day and will bedivided into seven four-week blocks, Headrick said. Two 12-week blocks will comprise each semester and the seventh block will be in early January. Most courses will run 12 weeks (three blocks), but some will be four (one block) or eight (two blocks) in length. Students will receive a credit for each block. Since the normal semester classes will be condensedinto 12weeks, classhours will be extended. For example, classes that meet twice a week will now be 90 minutes long, insteadof75 minutes long. The major barrier to the new curricu- lum's implementation is the budget, Headrick said. SUNY lias already allocated $675,000 for tlienewplan, wliichis onlyhalfofwhat thelaw schoolneeds to implement the plan. "Myhope istliatwecouldgetanotliers3oo,oootos4oo,ooo out ofSUN Vand makeup therest with private support." Nevertheless, Headrick saidhe, isconfithatthe plan is far enoughalong tliat it will dent be implemented insome form for the entering class of 1998. He said only iuhire classes will be held to any new requirements; however, Headrick said allclasses will beable to benefit from the new structure. �EDITORIAL THE OPINION 4 OPINION Volume 35, No. 1 ($£ Foundedl949 Evan C. Baranoff Editor-in-Chief August 30, 1994 GUIDE TO LAW SCHOOL CLASSMATES August 24,1994 Peter G. Zummo ManagingEditor EDITORIAL: New Curriculum on right track The law school administration has come up with some good and innovative ideas for a new curriculum plan. The basic principles of the plan include reducing class sizes, emphasizingwriting and oral skills over test-takingabilities, and restructuring the academic calendar to allow faculty greater flexibility in approaching different legal topics. Achievingsmallerclasssizesisavitalstepforthelawschool. Smaller classes allow for greater feedback from the faculty, andprovideprofessors with the opportunity to teach with a more innovative and hands-on approach. Most law students especially first-year students ~ have been frustrated with the lack offeedback on their work. For most students, the only feedback they receive comes on their final exams, which aren't returned for at least a couple months and often have few comments on them. The shift of emphasis from exam-oriented courses to an emphasis on writing and oral advocacy is another step in the right direction. Research papers, legal writingpractice andother learningprojects will not only provide a better evaluation than exams do on a student's knowledge of a given legaltopic, but it will also provide students with more practical experience. According to the Planning Committee's memorandum, "Law graduates need experience in more of the things that lawyers do." We agree. And if you ask most lawyers whatskills are crucial to practice, they'll pick writing and oral skills; even over knowledge of substantive law. We also like the innovative structure of the academic year. Three four-week blocks will account for each semester and a seventh block in early January will allow for more flexibility for findingfaculty or adjuncts to teach a variety of new and different courses. We hope this new structure will allow more practicing attorneys the opportunityto sharetheir experience by teaching a four-week course (one block/credit) on their specialized area of law. Not only will this provide a variety ofnew courses for students to chose from, butalso allow students to delve deeper into various legal topics ~ a need that introductory and survey courses fail to address. Establishing more concentrations and sequences will also help in this respect. We do, however, have some reservations about the new curriculum — plan. See EDITORIA L: New Curriculum onpagefive STAFF Business Manager: Production Manager News Editor: Features Editor: Photography Editor: Art Director: LisaNasiak I. B. Vacant Karen A.M. Bai ley Joseph Broadbent John Gasper I. M. Vacant Staff: Jeffrey Weiss Contributors: None. Computer Consultant: PeterBeadle Stabilizing: Labatt'sßlue Destabilizing: No pizza.No staff. The Opinionis a non-profit, independent, student-ownedand run publication fundedby the SBA from studentlawfees. TheOpinion. SI JNYAtBuffaloAmherst Campus, 724 JohnLord O'Brian Hall, Buffalo, NewYork 14260 (716)645-2147. The Opinionis published every two weeks during theFall and Spring semesters. Itis the studentnewspaperofthe StateUniversity ofNewYork at BuffaloSchool ofLaw. Submission deadlines for letters to the editorand Perspectives are 5 p.m. on the Friday preceding publication. Advertising deadlinesare 6 p.m. on the Friday precedingpublication. Submissions mayeither be sent toThe Opinion attheabove noted address, dropped offunder The Opinionoffice door(room 724 0' Brian Hall), orplaced inBox #10 or #280 on thethirdfloor ofO'Brian Hall. All copy must be typed, doubled-spaced, and submitted onpaper and ona computer disk (IBM-WordPerfect). Lettersare best whenwritten asapart ofa dialogue and must be no more than two pages double-spaced. Perspectives are generally opinion articles concerning topics of interest tothelaw school community and must be no more than fourpages double-spaced. TheOpinion reads and appreciatesevery letter and Perspective wereceive; wereserve the right to editany andall submissionsfor space as necessary and also for libelous content. The Opinion will not publish unsigned submissions. We willreturn your disks to your campus mailbox or to aprivate mailbox ifa self-addressed stamped envelope is provided. Copyright 1993 by The Opinion. SBA. Any reproduction ofmaterials herein is strictly prohibited without theexpress consent ofthe Editors. The Opinion is dedicated toprovide a forum for the free exchange ofideas. As aresult, the views expressed in this newspaper are not necessarily those ofthe Editors or StaffofTheOpinion. "Congress shallmake no law... .abridging thefreedom ofspeech,orofthepress;..." ■"■'■''■■ •-••■■••-•-■■•■•.■ ■-■• V. ■•'.-.'.;■.:: C. ■-•■■ ..TheFirst Amendment /■ . Deliberations By Evan Baranojf Editor-in-Chief Get involved: Join The Opinion It would getpretty boring ifall youdid TheOpinionalsoprovides students with for threeyears oflaw school was go to class, the opportunity to interview interesting people study and take yourfinal exams. and inform fellow studentsabout current events Law school does entail a great deal of and issues thataffect them. work, but if you budget your time, there's And ifyou're not interested in being an plentyoftimeleftovertotakeadvantageofthe plethoraoflaw <>rganizations and other extracurricularactivities UBLaw has to offer. In addition to providing law students witha social outletand giving themachange ofpace from thegrind ofevery day studying, editororareporter,The Opinionalso welcomes contributions from law students in the formof letters to the editor and Perspectives. Letters to theeditorare a way for students torespond to articles that theyread in The Opinion. Perspectives are articles submittedby law students on joining alaw club or organization can also atopic ofinterest to thelaw school community. have a positive impact academically. Other Ifyou 're interested in joining TheOpistudents within the organization may have nion or learning more about our organization, already had yourpro fessorsor takentheclass give us acall at 645-2147, leave a note in my you're taking and, therefore, can lend assisbox, # 10,visitourtable duringthe grouptabling tance in your studies ifyou needit. session Wednesday, Sept. 14, orcome to our Joining The Opinion, the law school recniitment party Monday, Sept. 19or stop by student newspaper that comes out twice a ouroffice inroom 724 and leave yournameand month, is one way to enhanceyour law school number. experience. Ifyou wantto learn moreabout another Working on The Opinion will help degroup, see the organizational listing on The velopyour editing,writingand interviewing Docket.pagell. skills skills which are justas important to Probing, timely, controversial, beer.... lawyers as they are to journalists. JoinThe Opinion! — JOINTHE OPINION! The Opinion needs editors, assistant editors, reporters, photographers, and graphic artists for the 1994-95 academic year. Journalism experience is helpful, but not required. The Opinion also needs production assistants. Familiarity with WordPerfect 5.1 for Windows and Aldus PageMaker is preferred. Anyone interested in joining The Opinion should leave a note in Box 10 or 280, or call x2147 and leave a message. The Opinion is the official student newspaper ofthe School of Law, and publishes ever other Tuesday during the Fall and Spring semesters. �August 30, 1994 OP/ED THE OPINION 5 Class of 1997: Welcome to UB Law information and skills to be mastered; it's also a window into different fields of law, and differentways ofunderstanding the various partsofthesystemand our society. Learn from the intelligent people around you — your instructors, your classmates, visitors to thelaw By Thomas E. Headrick Congratulations for getting here and welcomefrom the faculty, staffandreturning students. The start ofa pro fessionalcareer is one oflife's significant changes; certainly not as prominent as family milestones like births, deaths, and marriages, but nevertheless an experience thatwillstandoutinyourmemory for years to come. Building a career in the law can be confusing, especially at first, because lawyers' career tracks aren't as neatly definedas those ofprofessionals in medicine, engineering, and many other fields. Moreover, the nature oflegalpractice israpidly changing, as economic pressures, new technologies,and the continuing floodofnew lawoverwhelm traditional arrangements. Howcan youmake sense ofall ofthis, and emerge from law school in three years with acareer, as well as a diploma? The curriculum isthe firstplace to start "Don'tshortchangeyourself— thecurriculum isn 'tjust a collection ofinformation andskills to be mastered; it's also a window into differentfieldsoflaw, and different ways ofunderstanding the variousparts ofthe system TomHeadrick building a career. With all of the courses required in thefirstyear, you don't face immediate decisions about courses to take; butyou dohavechoicesaboutwhatyou'llgetoutofthe coursesyou take. Don'tshortchangeyourself the curriculum isn't just a collection of - and our society." school,lawyers inthecommunity. Ifateacher says something thatintrigues you,or infuriates you,orconfiisesyou~talktoher,orhim. When you get into your second or third year, be an informed student ~ don't just take a course because "everyone takes it" or "it meets at a convenient time," or "it's on the bar exam." Find courses thatmake sense foryou, thatcan open you up to a new experience or fields on interest. It's also not too soon to begin getting some first-hand information about theworkof • lawyers, hiOctober,ouralumni will beholding an event that students can attend at minimum charge. The Alumni Association's annual convocation ~ a half-day seminar on a "hot" field oflaw (this year, Domestic Violence)— will take place on Saturday, Oct. 22. Meeting ouralumniis agood way to see themanyroles that lawyers play,and to meet some interesting people, besides. I hopeyoudoreally enjoy thework,both in law school and afterward. The faculty and staffof the law school will do everything we cantohelpyou find the manyrewards thatthe legal profession has to offer. Headrickis currentlythe acting dean of thelaw school. Student Bar Association welcomes first-years By Benjamin Dwyer, Les Machado, Elizabeth JewettandAdam Easterday We don't know whatrumors you have heardabout law school beforeyoucame, butas theExecutive Committee ofthe Student Bar Association, we certainly intend to dispel some ofthe scarier stories. What is the Student Bar Association? Essentially, theStudentßar Association (SBA) is the student body of the law school. All presently matriculatedlaw studentsare membersoftheSßA. Shortly,wewillholdelections for the SBABoard ofDirectors. TheBoard is made up of six Class Directors elected from eachclass, plus the four ofus. Now about those rumors. You have probably heard thatlaw schools are huge and overwhelming, thatnoonecaresaboutyouor that there is nothing besides cramming in the library. AtUBLaw, these rumorsare untrue, partly due to the efforts ofthe SBA. We have the following goals. We hope to make the law school seem smaller. It's easy to get lostin a schoolofmore than 750 students, situated in the middle ofa campus as large as ÜB. However, the SBA fosters acommunity-like atmosphere by sponsoring social eventsboth withinthelawschool andwith otherÜBprofessionalschools. Don't hesitate to come along to any of the early- semester mixers. Last Wednesday, we helda picnic at Baird Point. Soon there will be a happy hour downtown withrecent law school grads and a "Malpractice Mixer" with the Mcd School. And there will be more. We hope to enhance your law school experience withawide range ofextracurricular law-related activities. Over the years UB law students have begim nearly 30 organizations devoted to somearea ofthelaw. These organizationsenable students to pursueparticularlegal interests away frombooks and classrooms. Many activities take students into the "real world." These organizations enable students to do thingslike interview domestic violence victims,teach legalresearch toprisoners, edit oneof severaljournals devoted to issues like the environment, or bring to UB prominent speakers from all ends ofthe political spectrum. TheSBA, for its part, helps the studentorganizationsintheirendeavors. You will get a chance to learn more about these groups when they have"tabling" time outside the lecture halls. In addition, on Oct. 8, weare holding the firstannual "Community Service Day ."duringwhichyou will havetheopportunity to volunteer on a pubhc service project downtown. Watchfor details. We hope to amplify your voice within the law school. Nothing is perfect, including From left to right: Adam Easterday, Elizabeth Jewett,Ben Dwyer andLesMachado. our law school. In the event that you find shortcomingswith yourclasses,professors, the library or any other aspect ofacademic life here, seek outoneofusorasoon-to-be-elected first-yearclass director and explainyour concern. We will eithertell you howto solveyour problem or, ifyou wish, wewilltake yourcase totheappropriateprofessorordean. It'sourjob. By the way, contrary to what youmay hear, the The Opinion Mailbox LOUS!! versity is looking for alumni contriThis feeis going tobe imposed butions? Willtheathleticofficecall onall graduate students. The irony in usandaskusto supportUßathletics? this is that graduate studentspay two Well, ifthey do, I will bethe first to or threetimes as much in tuitionas remind them ofthemoney I paid to Dear fellow law students: Once again wehavecomeback undergrads. Irealize this $ 100fee is use the facilities at Alumni Arena from our summer vacation only to notthat substantial, but itis amatter while I was a studenthereandofthe find that ÜB's administration has ofprinciple. money I had to pay to watch our In the past, the Student Bar footballand basketball teams play. made changes withoutstudentinput I wasinitially going tosuggest Association has paid AlumniArena Historically, it has been theadmin$ 11,000peryear forlaw students to that we, as awhole,boycottAlumni istration's practice to make controversialchanges inpolicy while most use the facilities. If every law stu- Arena. Unfortunately, many ofus cannot afford to boycott. It would students are away. All law students dentwereto pay the$ 10Cfee, Alumni to at Arena would receive nearly cost us at least $250 to join a gym who wish use the facilities $80,000. elsewhere, and that would not inIwouldliketoknowwhat a$ Alumni Arenamustnow pay 100 forourextras69,ooo. wearegetting fee for the year. This is RIDICUclude tennis courts, a pool, or racWill we have a weightroom thathas quetball courts. I won't ask you to afull setofdumbbells? Will we still boycott because I am still not sure have to purchase a pin to use the what I am going to do. nautilus equipment? Will therebe Thiss 100fee was supposed to longerhours onweekends? Will the have come into effecton Aug. l.but gym be open later at night? Will it seems that the administration is reconsidering. Forthoseofyouwho intramurals be free? Are we any less a part ofdie areoutragedby this fee, I suggest that imiversity than the tuidergrads? One you take the timeto write a letter to gets thatimpression. Did youknow one ofthe on-campus papersand let tliatlaw students are expected to pay the administration know how you to watch the UB football and basketfeel. Thank you for your time. ball teamsplay? I wonder ifwe will be treated differently when the uniCraig Brown,2L Arena user fee unfair law school faculty andadministration docare aboutyour concernsand will try toaccommodate you. Again, ifwecan be ofany help, please stopby 1010'BrianHall. Bestofluck and have a great year. Dwyer, Machado.JewettandEasterday are SBA president, vicepresident, treasurer andparliamentarian respectively. , EDITORIAL:New Curriculum, cantinuedfhompage4 What are these new concentrations, andhow many courses will be involved in each area? Will students be limited to one area or can there be some joint concentrations? We do not understand why students must take a qualifying exam (particularly when one ofthe goals ofthe new curriculum is "fewer blue books") toenter a specific sequence or concentration. We are also concerned that pursuing concentrationsmaypro vide fewer opportunities for students to take courses on bar exam topics, or classes in other areas of the law in which a student may be interested. In any case, these are some issues that must be worked out satisfactorily before the new plan can be implemented next Fall. We encourage all students to express their opinion onthisissue, eitherby writing a letter to the editor or speaking with the dean personally.' Dean Headrick hastold The Opinion that hewelcomes student input. We applaud the administration's initiative and hope that the faculty will take advantage of these changes to provide us with the skills we most desperately need to survive in a highly competitive world. However, as students, we reserve the right to look at the whole package when all the details have been worked out, in order to make informed decisions regarding our law school careers. �THE OPINION 6 August 30, 1994 THE OPINION CROSSW FALL 1994 PUBLICATION SCHEDULE Volume No. #35 38 Cheesy ACROSS 1 Bondholders, magazine 40 Route 42 Aunicyclehas one 43 Emulates perhaps 6 C.PA 10 Javaneighbor 14 Smokestack sight Issue #: Submission Deadline: Issue Out: No. 1 Aug. 26 (Fri.) Aug. 30 (Tues.) 15 Concert or theater follower 16 Five-star name 17 Author Havelock 18 Make a decision 19 Fad 20 Washington No. 3 Sept. 9 (Fri.) Sept. 23 (Fri.) 26 Toeprecedor 28 Tight position? 30 Man Gang (Tmilio 66 Actress Moran 67 Take for Estevez No. 4 No. 5 Oct. 7 (Fri.) Oct. 21 (Fri.) movie) Oct. 11 (Tues.) (deceive) 31 Onetime basketballorg 32 Chimney- 68 Slip a mickey to sweep's target 34 Go over the fineprint Oct. 25 (Tues.) i p H [* n No. 6 Nov. 4 (Fri.) Nov. 8 (Tues.) T7 No. 7 Nov. 18 (Fri.) Nov. 21 (Mon.) 26 No. 8 Dec. 2 (Fri.) _ Dec. 6 (Tues.) 69 Art 70 Curbsidecoin collector 71 Exxon, once 53 65 m Hr? 8 Home of the '62 Mots? 9 Halloween benefactor 10 Pacific island Pacific island? 11 Stan of a palindrome team 56 Harris' Uncle 57 Royal Nigeria 13 Ryan or Dunne 21 George Carlin'sradio station 25 King Kong's kin 26 Lastcall? 27 Verge on 29 Tony of Leave It to Beaver proclamation 59 pants (women's attire) 62 Space simian 63 Tree of knowledge location 64 Geek I Hrs — H?9 ~ n 21 " 51 Gazes 54 Put up with 55 "Bad news" 12 Capital of p p p — ~Bts 8 H 35 36 37 WMa5 J3 54 IHP [5 44 ■po" Note: The Opinion is the official newspaper ofthe University at Buffalo School ofLaw andpublishes twice a month during the Falland Spring semesters. Deadlines are firm and late submissions are subject to thepublishing discretion ofthe Editorial Board ofThe Opinion. Bam- agcy. 50 Thousandsof bucks 52 Office-seeker 53 Headed for the hills 54 Repeal 58 Exclamation of amusement 60 Answeringmachine sound 61 German city German city Fugitive 65 from a Chain 22 Author of many poems? 23 Rig application PC 24 Sept. 27 (Tues.) marba (in march style) 3 All-out 4 Former boxing champ Griffith 5 Opening words 7 6 City on the Jumna 7 TheLittle Engine that constructing dv? Sept. 13 (Tues.) 1 Eject 2 Henderson California 46 49 33 Fresca alternative, once 35 Return to the scene of the crime? 38 Menlo Park middle name 37 Dizzy or Daffy 39 American Samoa harbor American Samoa harbor? 41 Pound sound 44 Relay-race component 45 Sunkentreasure sites 47 Yoko's man 48 "Sweet Home 72 Concordes 73 Change the Constitution DOWN Rickey city Washington No. 2 Crossword Edited by Stan Chess Puzzle Created by Fred Piscop 55 se ' 47 " ~~~ - ■■SI 4^ 59 62] H 63 64 BR? r 7i See The Docket for the answer, page 11. WELCOME BACK! The first BAR/BRI table of the semester will be on Mon., Sept. 12 Stop by and pick up information regarding the MPRE, the bar review course and the bar exam. First Year review information also available. BAR REVIEW Hope you have a great year! �August 30, 1994 FEATURES THE OPINION 7 A brief history ofUB Law UBLaw was established on May 9, 1887, as a department of Niagara University. According to "University at Buffalo Law School, 100Years,"the major force behind the founding of the law schoolwasthepracticing bar in Buffalo. To that point, most law shidents were trainedfortheirprofession in law offices.Although otherareasofthe country had begun thetransitionto law schools, Western New York had none untilthe Buffalo Schoo 1 ofLaw was estab 1ished. The Buffalo bar has always played a significant role in thelaw school and to this day continues to influenceand shape the school. The first class was held in October of 1887,and was composed of 15 young men. There was no building, no library,noendowment,nobudgetandno paid full time faculty. Annual tuition wassloo. From this rather humble beginning, the Buffalo Law School began to grow into the large institution thatit is today. In 1891, the school joinedwith theMedical and Pharmacy schoolsand became a part ofthe University ofBuffalo. In 1894, the school began to pay itslecturers, and in 1896moved onto the ninth flooroftheEllicott Square Building. By 1909, the school established a library(until that time theyhad used the FEATURES SupremeCourt's library) and was now becoming financially secure. By 1915, the school was 25 years old and still growing. Tuition was still only $ 100, and the school had started to complete withother Eastern schools for students. In 1917, theschool moved into its own building at77 West Eagle Street, downtown Buffalo. In 1949,anewbuildingwasconstnicted at the West Eagle site. This was to be the home ofthe law school until the move to the Amherst Campus in 1973. In 1949, the incoming class numbered 131 ,and the total enrollment ofthe school was 316. The Opinion published its first on issue No 29,1949,stating in thefirst editorial: "Our columns are dedicated to thepresentat ion ofany news orviews ofinterestto the Law School, theAlumni or the Faculty." Annual tuition was $450 at this time. In 1962,theprivateUuiversity of Buffalo merged withThe State University ofNew York, and took its present name, The University at Buffalo. By 1971, total enrollment was 609, with 71 minority studentsand 63 women. Tuition had increased to $800. Formal dedication ofthe present law school buildingtookplace onApril 8,1974. The building was named for JohnLord O'Brian O'Brianservedasan v. SeeHlSTOßYonpage9 \ UB Law in a nutshell byEvan Baranoff, Editor-in-Chiefand Peter Zummo, Managing Editor Welcome to yourcrash course on UBLaw School. Lawschoolcanbeavery stressful and time-consuming endeavor. Although we can'ttake yourexamsforyou, we hope we can ease your stress somewhat by providing you with someuse fill informationabout some ofUB Law's key services. Admissions & Records By now, all ofyou haveregistered for classes and are therefore familiar with die Admissions and Records Offlee, commonlyknownasA&Rinroom3o4of O'BrianHall. Besides handlingregistration, A&Rprovidesnumerous otheradministrative services for law students thatyoumay not know about. A&R records and posts students' gradesfor each semester and is incharge of all requests for student transcripts, according to Kirn DeWaal in the A&R office. To obtain a transcript, sUidents must fill out and sign a request form. Requests must be submitted by Monday in order to be ready by either Tuesday after?p.m. orWednesday morning. Students are entitled to six free transcripts, after that there is a nominal charge. A&R also handles name or address changes, independent study requests, waiver of faculty requests (i.e.- ifyou wantto take six courses instead offive), lines. The normal hours for the University Bookstore will be 9 a.m. to 7 p.m., Monday through Thursday; 9 a.m. to 5 petitions to take classes outside the law school for credit, deferments, certification ofenrollment status (i.e.- for insurancepurposes),extensions forwork that won't be handed in on time, and exam conflict petitions. The Registrar's Office is also located at A&R to answer questions pertaining to course loadrequirements. A&Ris open 9 a.m. to 12p.m.and 2 p.m. to 4 p.m. Monday throughFriday. And don' t forget, thelast day toadd on courses forthis semester is Sept 2;the drop deadline is Sept. 9. AlumniArena p.m.Friday; 11 a.m. to 5 p.m. SaUirday; and the bookstore is closed Sundays. However, the bookstore will be open 4ands. You shouldshop early fortwo rea- sons. One, the crowds are onlygoing to getworse; and two, ifyouare looking for goodusedbooks, they are usually thefirst NicoleC. Johnson, 2L, workingin the to go. computer lab. Also, remember to save your receipts. You can'treturn yourbooks for full credit without them. Besides handling your textbook locker and shower facilities, with atowel service. The pool is open from 7 a.m. to 8 a.m., 12 p.m. to 1 p.m.,and 6p.m. to 10 p.m. during theweek;and from 12:30p.m. to 5 p.m. on the weekend. There are 19 squash/handball/racquetballcourts,basketballcourts,adance studio and aerobic facility and a jungle Whenyou'rein needofworking off the stress and frustrationsoflaw school, A lumniArenamay bejust the place to do it. Located ontheNorth Campus,Ahunni Arenahas state ofthe art equipment and gymTennis courts, and a 1/6mile infacilities rivaling any health club in the country. door carpetedjogging track are also available to students. Outdoorplayingfields According to Ed Michael,associfor so ftball, footballand soccerare adjaate directorfor Recreation and Intramural Services, the new weightroom, in- cent to the building. Students can also joinIntramural cluding anI vanko free weight system, a structuredrecreationand sports leagues, treadmill, Tetrex and Lifestep Quintin clubs or may take Physical Education steppers, is scheduled to open Sept. 1. The Arena also has a 50-meter courses. The Arena's facilities are open to pool, along with men's and women's sauna and steam rooms and complete all students 7 a.m. to 11:30p.m., Monday -throughFriday; and 12 p.m. to 5:30 p.m. on Samrday and Sunday. On theSouth Campus, Clark Hall has Nautilus and Airdyne equipment, a pool, 2 racket and squash courts and out- doorplayingfields. Allofthese facilitiesarecurrently available to law students free ofcharge. [See story onpageone.] University Bookstore Mostofyour textbookneeds will be handled by the University Bookstore, located behind theUB Commons at 200 Lee Entrance. The University Bookstore is the main bookstore forallstudentsattending the university so be prepared for long Law students waiting topurchase theirhooks at theLawBookstore. needs, located in the bookstore is a U.S. PostOffice to handle your postal needs. The post office is open 9 a.m. to 4 p.m., Monday throughFriday. Mailpick-up is at3:3op.m. Law Bookstore Theremainder ofyour textbook needs will behandledby theLaw Bookstore, located on thethirdfloor o fO'Brian Hall. Beware oftheLaw School Bookstore. It may be the only store in the United States thatpreferschecks. Itwill also accept cash, but it doesn't give out change somake sineyou have the exact amountwithyou (orbepreparedtotipthe cashier). Also, the hours are, shall we say, somewhatlimited. Itisnowopen 10a.m. to 12 p.m. and 1 p.m. to 3 p.m., Monday through Friday. However, the schedule seemingly changes every week so periodically check thehours, which shouldbe posted on thedoor. And be prepared tor a long wait,as the lines move very slowly here. One more thing concerning the texts: For an additional $1 charge, you can get yourlawbookstorebooks bound in room 503. You should save your re- ceipts. The law bookstore also sells UB Law T-shirts, sweats, etc., currentlyavailSeeNUTSHELL onpageS �THE OPINION 8 The Roaming Photographer by John Gasper, Photo Editor This week's question is... What would you like to use your law degree for? Juließosenberg, 1L "/ was thinkingabout EntertainmentLaw. Beingan entertainment lawyer wouldallow me to combine my desire to practice law and be in the entertainment industry." Anne Graff, 1L "My hope is to get into construction litigation, with a lot ofreal estate law as well." David Marshall, 1L "/ would be interested in doingsomething in labor law. Maybe issues of discrimination, wrongful discharge ora position in arbitration or negotiation. " Matt Hawkins, 1L FEATURES Nutshell, continuedfrompageseven able at a round table in front of the bookstore. Career Development Office Ifyou're interested in finding ajob after graduationor for the summer, the CDO is a place you should become familiar with. "We will answer questions youdon'tknowyou'reeven going to have," said Audrey Koscielniak , CDO director. The CDO publishes weekly newsletters throughout the year. If youlive out-of-town, pay the $7 for the summermailings; it's worth it. The CDO also organizes career panels so students can learn about different career options and provides other assistance for students'job searches. First-years must attend aman- datoryorientation session sometime inOctoberorNovember,Koscielniak said. The CDOalso holdsaresume writing lecture for first-years. Koscielniak strongly recommends attending the Fall sessions. One more thing: Hold onto yourCDO handbooks; they'll come inhandy. ComputerLab For those of you who don't have personal computers athome or need to use a computer while on campus, youcan use the computers in the Computer Lab, located on the fourth floor ofO'Brian Hall across from the elevators. The computer lab has both Macs and IBMs forstudents to use. Both the Macs and IBMs have MicrosoftWordand WordPerfect. The computer lab hopes to upgrade its software soon, said Jason Klindtworth, director of computer services for the law school. Lexis and Westlaw are also available in the Computer Lab, as is Law Desk,which is CD-ROM based. You canalso useE-Mail in the Labifyouhaveanaccount Togetan account(it's free), go to r00m215 of the computer center on the North Campus. It'snexttoFronczakHall, across from the paid parking lot. For those students interested in federal jobs,the Lab has the SF-171 FederalApplicationFormonthe computer. "/ want to become a prosecutor and down the road to either become a judgeor aprofessor. " Students may also take final exams in the computer lab. Those who wish to must sign up a month beforehand. The Computer Lab's hours generally are the same as the law library' shours; however, thehours may beshortened iftheLab doesn't find enough students to work, Klindtworth said. For updated information on the computer lab* shours, call645-5959. Linda Rouse, 1L Dining Services "/ 'm really interested in internationaland immigration law. lam really concernedwith U.S. relations in Latin American countries and want to use my law degree to open up thepotential thatLatin American countries have." Until next time. .. August 30, 1994 Hungry? Afuture lawstudent era yesthe donutsat TheBaldy Walkway Cafe. Thereareseveralplaceswhere law students can eat on campus. Ifyou're looking forsomething close-by, try the Baldy Walkway Cafe on the second floor between Baldy and O'Brian, whichis open 8 a.m. to 2 p.m. Monday through Friday. It's cash only. Ifyou'relooking formoreofa variety, there are two cafeterias in Talbert Hall, two places in die Stu- dentUnion and commercial restaurants in theUB Commons. On thegroiuid floorofTalbert Hall, there's Bert's, which is open 7:30 a.m. to 12:30 p.m. Monday through Friday. TheKosher Kitchen is open 11 a.m. to 1:30 p.m.Monday BohScalione, IL, studying Property through Friday. In dieUnion, Putnam's food in theLawLibrary court feanires bagels, burgers, subs, Annex B. Their number is 829-3724. Italian, Mexican and Chinese. Most of tiiese places are open 11 a.m. to Health Services p.m. through Monday Friday. Ifyou're feeling sick — and 7:30 Also in the Union, there's sooner orlaterlaw school stress or Tiffin at Pistachio's open 11:30a.m. the Buffalo weather will make you to 1:30p.m. Monday throughFriday sick the Student Health Center forrestaurant-style dining orthere's will take care ofyou. Located in 216 Michael Hall cafeteria-styledining at Pistachio*s, whichis open 11 am. to 2 p.m. Monon the South Campus, the Health daythroughFriday. Centerprovidesnursingandfirstaid Burger King, Bradens, NY care 24 hours a day, seven days a Bagels, The Sub Shoppe and Pizza week, according to Sarah Bihr, the Hutare all located in the UB Comdirectorofdie Student Health Cenmons. ter. Physician hours during the acaIfyou 're interested inpurchas- demic year are 9a.m. to 7p.m. Moning die food plan service, call the daythrough Thursday and 9a.m.to 5 Dining Servicesoffice at645-2521. p.m. on Friday, but a physician is There's a plan for commuting stu- always on call in case of emergendentswhereyou can puta minimum cies. ofs 100onyour food card for theyear. All currently registered full Ifyouputs2oo ormoreonyourcard, and part-timeUB studentsareeligiyougeta 10percentenrichment(i.e.ble for services,regardless ofyour -$200=5220). Allfoodcardfundswill medical insurance program. The carry over to the nextsemester, but HealthCenter isfunded inpartbythe must be used up before May 12. student health fee, which is $58 per semester for full-time studentsand $5.80 per credit hour for part-time Student Union In addition to the dining serstudents. In cases oftrue emergenvices previously mentioned, the cies,anyone can receive immediate Union also offers entertainment, in- first aid care regardless ofwhether cluding billiards, ping pong, video they are currently registered as a games, a music listening roomand a student movie theater. The Health Centerhasa walkin service, butrecommends thatstuUBCommons dentsmake appointments for nonÜB's ownMini-Mall. emergency visits. To make an apLocated between the Student pointment orjust find out about the UnionandtheUniversity Bookstore, other services provided, call the the Commons meets the needs of Health Centerat 829-3316. The Health Center also hanstudentsby supplying much needed products and services. dles students immunizationrecords. Here's a list of the current To find out ifyou're incompliance Commonsoutlets, not including the with state requirements, call the restaurants mentioned earlier: ImmunizationCenteratB29-3001 or Campus Tees & Sweats, faxyourupdatedrecordstoB29-2817. Murray Travel, UniMart Convince Counseling servicesare also Store, Student Telephone Services, available at the CounselingCenter, CVS, Makin' Copies, GPA Insurlocated in 120 Richmond Quad, ance Services, Downtown Rent A EllicottComplex, on theNorthCaCar, Optical Image, RecordTheatre, mpus. The Counseling Center is open UB Micro,D'Angelo Hair & Cosdaily from 8:30 a.m. to 5 p.m. For metic Center, and Kaplan Educamore information, call the Center at tional Centers. 645-2720. CampusMinistries offices are Other services provided inalso located on thesecondfloorofthe clude allergy and other specialty Commons. clinics and confidential HTV testing. The Commonscourtyard is a great place to sit andrelax on a nice HealthInsurance day(or at leastdiefew oneswehave). For students without health insurance or who find using their Financial Aid/Student Accounts parents' policy to be inconvenient Broke? duringdieacademic yearfUB offers The Financial Aid office lo- an insurance plan administered by cated at 232 Capen Hall can handle HealUiCarePlan, which provides most ofyour financialaid business. year-longbenefits foraccidents, sickFor example, you can pay your tu- ness or hospitalization. The plan ition here or pick up work-study covers prescription medications, lab checks. For more information, call work,x-rays, physicians' office vistiieCapenoffice at645-3067. its, ambulance services, physical However, ifyou need to pick dierapy, and a limited program for upyour loancheck, you haveto trek routine eyecare and dental care. over to die South Campus to Hayes SeeNUTSHELLonpageJO — �August 30, 1994 FEATURES Advice for first-year students by Jeffrey Weiss. columnist "Law School is likea box ofchocolates, eventually both will giveyouastomachache." eventually become disgruntled over the fact tliat our school's grading system is as outdated as a Midi Vanilli dance routine or that our administration's sympathy towards student You are about toembark on athree year journey known as the law school experience. While you may encounter some turbulence from time to time, you need to sit back, strap on your safety belt and enjoy theride. At this very early stage o fyour ad venture y< Hi may be frequently visited by an old friend that goes by die name "anxiety." It is easy to know when he'saround because yourstomach may begin to do backflips, you might have the desire to experiment with anumberofillegal substances, or you may have the urge to beat up die loudmouthcutthroat sitting next to you for no apparent reason. I am writing toreassure you that these annoying jitters can be swept aside with a positive attitude, proper time managementand a go<>d sense ofhumor. The purposeofthisarticle is to warn you of some of the obstacles that first year Law concerns parallels diat of Joseph Stalin towards dieRussian masses in the 19305. Ifthese sad realities get you down then you should make it your business to get involved in the system so that you can make a difference. It's time to take your mother's advice when she told you not to depend on othersto voice your concerns when you can do it yourself. Third,Law School shouldnot signify the end ofyour sociallifeas youknow it. No w don' t get me wrong. I'm not say ing thatyou should spend five nights each week hunched over a stoolat Hooters. However, I am urging thatyou take plenty oftime out ofyour busy schedule to doallofUie tilings tiiat you enjoy. Itmay mean working out, shopping at The Gap, going to Mickeyrat's to hiton freshmen (youknow who youare) or watching Seinfeld. Whatever it is, studentsmay encoiuitersodiatyouwill beable to deal withthem in an appropriate maimer. First, it is ofgreat importance to keep away from negative or pessimistic influences. For example, it will not take long for some sourpuss loserto greet you by saying, "Welcome to U.B. Law, thehomeof lousy weather, unresponsive professors, terrible (at times atrocious)pizza and apathetic students." Misery loves company, thereforekeepyourdistance from thesesad sacksbecause they will only bring you down. Try to associateyoursel fwith diehard working crowd thatalso likes to go out,party andblow off steam. Second, while it is true that this state probably beunsuccessful in hisacademic endeavors. In conclusion, theU.B. Law Schoolexperience will enhance your analytical abilities, build character and make you despise the BuffaloBillseven beyond your wddest dreams. Despite the fact that the Buffalo weather, pizza, Chinese food and radio stations are funded haven doeshave its share ofproblems, sitting around and moaning about them will justdoitbecausean unhappyLaw studentwdl lousy, this town doeshave agreat deal to offer. For example, the GalleriaMall is so cool that even girls from Long Island shop there. In addition, ifyou likechickenwingsor bars tiien you've come to the right place. Finally, as a first-year law studentyouneed to relax, take a deep breath and remind yourself that if Joe Pesci coidd get through law school in "My Cousin Vinny," thenI can too. accomplish nothing. For example, you may \ THE OPINION 9 Movie Review: Natural Born Killers is D.O.A. of I by JosephBroadbent. Features Editor parody a sitcom starring Rodney Dangerfield as Mallory's sexually abusive father whojokedaboutrepeatedly raping his daughter (while a laugh track played in the Films are sometimes expected to be great merely because a prominent name is attached to themas actoror director. In some cases, the film doesn't live up to the hype. Such is the case with Natural Born Killers, directedby Oliver Stoneand starringWoody Harrelsonand Juliette Lewis as Mickey and Mallory.apairoflovers/serial killers whoare pursued by die police and glorified by (he media during their killing spree. I walked out of(he theater convinced diat Oliver Stone has finally lost his sanity. One person I spoke to described the film as "weird" but chaotic seemsmoreappropriate. The scenes abruptly shift from black and white to colorand back again and the story jumpsaround seemingly withno pattern. Many ofthe scenes hadabsolutely no basis in reality: at one point, newscasters were interviewing people on the street who expressed their admiration for die psychotic pair, oneactually wearing asign say ing "Kill Me Mickey." Other scenes showed the killers onthe covers ofnal ional magazines. Perhaps the worst part ofthemovie was Stone's background). I won't giveaway dieending, but suffice it to say that itwas utterly unreal isticand disappointing. Sure, movies are supposed to be fictional, but thereare limits to the way a film can suspend reality, and Stone passed them early in die movie. At the very end of the movie, Stone inserted his attempt at condemning the mediaand how it glorifies violence by showing amontageofscenes from famous crimesand trials suchas theMenedez brothers andO.J. The one bright spot was Harrelson's formance as asociopath whokilled indisper criminately with no thought orregrets. In sum, instead of an intelligent indepth study ofserial killers, the movie ran like a 90-minutetrailer withbits and pieces ofscenes splicedtogether in chaotic fashion. Maybe OliverStone shouldgo back to making up things about presidential assassinations. History, continuedfmmpage seven unpaid instructor at thelaw school for I4years, niunbcrofstudentsand many in tliepmfession, beginning in 1907. He also served on the including die judiciary,andTlie Buffalo News endorsed theidea o fconstnicting a new school University Council for 26 years. He was appointed U.S. Attorney forthe Western District as apart of dienew('oiuiry Courts budding that ofNewYork in 1909,and held many important will beerected in downtownBuffalo. Mostof posts inWashington Uiroughoutthe 1936'sand the faculty and the SUNV administration op40's. He practiced law in the nations capital posed the idea, or said they would "study" the until his death in 1973, at the age of98. proposal. Oidy timewilltellifdieLaw School Last year, proposals were put forward to reUims to its roots, but itappears unlikely. One move the law school back to its traditional thing remains certain: UB Law is and will home in the city. The Opinion was a major remain a vital part of die legal scene in Buffalo voice in support of this move. A significant andWestern New York. f\ C*rtrjr Z&\ " ATTENTION FIRST YEAR - \ STUDENTS REGISTER FOR BAR/BRI WITH NO $ DOWN AND RECEIVE: * THE BAR/BRI FIRST-YEAR REVIEW BOOK CONTAINING OUTLINES & PRACTICE QUESTIONS AND ANSWERS FOR ALL-FIRST YEAR SUBJECTS + * ACCESS TO ALL FIRST-YEAR REVIEW LECTURES. INCLUDING ARTHUR MILLER'S CIVIL FROCEDURE LECTURE + * THE "LOCKED IN" CURRENT DISCOUNTED TUITION + * X THE KNOWLEDGE THAT YOU HAVE ENROLLED IN THE NATION'S LARGEST AND MOST PERSONALIZED BAR REVIEW COURSE PLEASE NOTE: TO PRESERVE THE "LOCKED IN" DISCOUNTED TUITION, YOU MUST PAY A $75 REGISTRATION FEE TOWARD YOUR BAR REVIEW COURSE BY JULY 15 AFTER YOUR FIRST YEAR OF LAW SCHOOL. JM IfiP*^ �August 30,1994 THE OPINION 10 No smoking allowed Boyer, continuedfrom page one talproblems. UB bans smoking in all university buildings byPeter Zummo, iManaging Editor change in universitypolicy only last WednesSmoking has beenbanned inalluniverday,and "was waiting for an official notice from personnel" before she issued hermemositybuildings effective immediately,according to an assistant law school dean. randum. A memorandum from Assistant Dean According to the new SUNY "Smoke Marlene M. Cook greeted students, staffand Free Policy," complaints relating to the imfaculty yesterdaymorning. Withoutany adplementation ofthe policy should bereferred vance notification, UB has become smoke to die appropriate department/division head. free. "In addition to being charged withvioEffective Monday, Aug. 29, smoking lating the smoke free policy, unresponsive will be "strictly prohibited in all university individuals may also becliarged withfailure to ownedand operated buildings, stadiums and comply widi thereasonable requestofauniveroutdoor events, and in all vehicles owned and sity administrator," die new policy memo operatedby die University. Doorway areas and stated. The policy statement continues that loading docks are considered part ofdie build"should someone not comply with areasonable request, Public Safety may be involved." ing." The only exception is for selectedresidencehall bedrooms. When Public Safety was contacted reCook said that she was informedofthe garding how it will enforce the "smoke free policy "OfficerGeorge Stuartresponded, "We don'tknow. There is no smoking in diebuildings, but smoking may be allowed outside." The second floor designated smoking area was closed due to die new policy. SBA President Ben Dwyer said "It's sufficient that smoking is banned in most of the building withoutincluding diesmoking lounge. I would like to see whatI can do to keep one designated spot in the law school." Visitors to UB must also observe the smoke free policy. "Visitors who smoke will berequested to extinguish thecigarette, cigar, pipe etc. and will be informed ofthe policy. Refusal to do so will constitute a violation of the policy and will result in removal from or denial of readmittance to the building or event." "Everyone has pay theirfair share." --Robert Palmer, V.R According to Headrick,Boyerleft a memo "which oudines where we are on budget, curriculum, program and personnel"and hissabbatical schedule. However, thememo was directedto faculty and professional staff and die contents, according to Tubinis, are not available to the student community. Boyer has been and will continue corresponding dailyby electronic mail (E-mail)regarding the detads ofhis sabbatical. Arenafee, continuedfmm page one fee program as compared to the contribution According to Palmer, the dispute between theundergraduate and graduate student system in effect until now. governments is a long standing one diat AtliletAthleticsofficialsalso complained diat icDepartmentofficials decided to unilateral- collecting thefees from the graduate governly resolve tins year. Athletic Department officials perceive a basic unfairness in the to largemonetary differencebetween diecontributionsofUieundergraduateandgraduatestudent governments. The SAlias been contributiitiiig$240,000 to Athletics for the use ofthe facilities, while ments wasaconstantstniggle every year. The the graduate government's payments range SBA, forexample, did not makeits payment for from nothing to relatively modest contribulastyearuntil June, said sources at the Athletic tions. The SBA's contribution is $ 10,800. Department. Frustrated by the lack ofcooperAthletics officials and the SA devel- ation withthe graduateorganizations, Atretoped a plan to eliminateSA's directcontribuics officials decided to impose the user fees. tion and increase the Intercollegiate Athletic "Sometimes it takes a crisis to bring fee, with moremoney flowing fromdial fee. In people together," Palmer said. "The Athletic addition, Atlileticsofficials conducted a study Department hasagreed to put thefees on hold dialforecasted increased revenues from a user untilOct. 1 inorder to give the clubs a chance Tubinis pointed out that the dean, along withProfessors Virginia Leary and Isabel Marcus, is currently developing a student exchange program between Jagiellonian and ÜB. The program would bring 10studentsfromKrakowtoUß during Tlianksgiving and send 10 studentsfromUß to Krakow duringSpringBreak. The project's initiation is subject to available funding. to talk to dieir constituencies to see ifthey can come up with a plan" to resolve the dispute. Besides die struggle to collect dieagreed upon annual payments, Athletics officials wouldlike to eliminate dieyearly negotiations widithe graduate associations and implement a long term agreement ofperhaps five years. Pahnerhas asked the various parties to consider a tlnee year agreement with modest increases over last year'spayments. "Everyone has to pay their fair share," he said. SBAPresident Ben Dwyer said thatthe SBAisworkingwiUidieothergraduatestudent governments to try to resolve die dispute. Today, Tuesday Aug. 30, ameeting ofall the graduategovemnientleaderswillbetakeplace, chaired byLucy Waliab ofdie GraduateStudents Association. It is hoped that all die parties can reach a consensus. Military ban, continuedfrom page 1 (Aug. 25, 1994) quotes Charles Dasey, spokesman ofdie Army Medical Research and Development Command, as saying diat the funds will bereleased to UB now because "die department has no evidence that recniiters arebeing blocked from campus." However, if in the future recniiters are blocked, dienthe grant may be terminated. Solomon has also sponsored legislation diat would require the National ScienceFoundation to withhold grants to universities thatban military recniiters. This billpassed theHouse, and hasbeen sent for consideration by die Senate. Nutshell, continuedfrompageeight The annual cost of die plan is $476, which will be automatically billed to all fulltime and returning students (who have not previously waived coverage) in die Fall se- reference desk. Students mayalso find theaudio-visual department useful. Located on the fifthfloor ofthe library, the Koren-AV department is mester. Theinsuranceisalsoavailabletoparttime students, and to the spousesand depen- open9 am. to 9 p.m., Monday through Thursday;9 a.m. to 5 p.m. Friday; 12 p.m. to 5 p.m. Saturday; and is closed Sundays. For thoseofyou who endupwithoverdue books,pray they'renotreservebooks. Finesfor reserve books are five cents a minute (and it adds up!); finesfor otherbooks are 50 centsa day. Accumulating significantfines canresult in a block on your library card. You can pay fines byusing thefine dropbox locatednear the circulation desk or mail it or take it in person to dieBISON Biding Borrowing Office in214 Capen. For copying all diose cases forResearch & Writing and otiiercourses, four xerox machines are located on the first floor of the library and one on the sixth floor. And, ofcourse, tiiere's no eating and drinking in the library. Violators will be dentsofcovered students. For more information about die insurance plan, call theStudentMedicalInsurance Office (located in room 116 ofthe Student Union, North Campus) at 645-3036, or call HealdiCarePlan directiy at857-4480 or 1 -800- -628-8451. Law Library Yourhomeaway fromhome. Normal law library hours are 8 am. to 11 p.m. Monday tiirough Thursday; 8 a.m. to 9 p.m. on Friday; 9 a.m. to 6 p .m. on Saturday; and 12 p.m.to 10p.m. on Sunday. The law library's only entranceis onthe second floorofO'Brian Hall. There are tables onevery floor, but ifyou want maximiun privacy tiien try outthe study carrels, located for die most part on die tiiird and fourth floors. To sign out a key to acarrel, showyour law school I.D. and giveyourmadbox number tohis Reese, the law library secretary, inroom 208. Key sign out hours are8 a.m. t04:30p.m., Monday throughFriday inroom 208;4:30 p.m. to 9 p.m., Monday tiirough Thmsday, at the Reference Desk; and 9 a.m. to 5 p.m.,Saturday, at dieReference Desk. Key sign out caiuiotbe handled by the circulation attendants at die circulation desk. Keysare signed out for one day only and are due back beforeclosing time prosecuted tothe fullest extent ofthelaw and placed in library jail. — Someadvice: Find a comfortable seat diey're hard to find and you'll be there a whUe. There's noparkingproblem here in Jacobslotß. intoroom 101 anytime diey wanttoletusknow how we can help them," Dwyer said. The SBAExecutive Board was elected last April and consists of Dwyer; Leslie Machado, vice president; Elizabeth Jewett, treasurer; and Adam Easterday, parliamentarian. Each year sixclass directorsare elected from eachclass to serveon the SBA Board of Directors. Class director elections will be held on Sept. 21 and 22, however, petitions mustbe picked up immediately at the SBA officeand are dueFriday, Sept. 2. Organizations Thelaw schoollias apletiioraoforganiParking zations. For a complete listing of die law and how tocontact an wdlbeyourbiggestnightmare Parking organizations organization diatinterests you, seethe Docket, page 11. ifyou're a commuter student. Free parking on campus—ifyoucan find a space is available for students who obStudent BarAssociation Ifyou'realaw student, you'reamember. tained a parking tag (it's silverdiis year). on the daythey were signed out. Student Lots more likely to be used by The SBA or law student body elects a If you need assistance with your re- Board ofD irectors, whichmanagesdie $ 50 per law students include: Jacobs B and C, search, the law library's reference librarians semester activity fee diatstudents pay. The HochstetterB, Jarvis A and B, Governors C, D are extremely helpfill. The Re ference Desk's activity fee funds the law organizations and and E (which is shident oidy), Cooke A and B, hours are 9 a.m. to 9 p.m., Monday tiirough SBA sponsored activities (i.e.- last week's Baird A, and Slee A and B. After 3 p.m., students can alsopark in faculty and stafflots. Thursday and 9 a.m. to 5 p.m. Friday and picnic at Baird Point). SBA President Ben Dwyer said he's Meterparkhigisalsoavai bible ifyouhave tons Sahirday. Lexisand Westlaw computers areavail- alwaysseeking student input on issues facing ofquarters. For students diatcrack imderdieparking able on diefirst floor ofdie library behind the students. "Students should feel free to walk — pressure, two paid parking lots are available: Fronczak Aandß. The cost for aparking spot iss3.24perday,s7o.2opersemester,orslo4.76 per year. A check or cash isaccepted. Passes can be purchased from theguard whois onduty there from 7 a.m. to 3 p.m. For moreinformation, consult thisyear's mapoftheNorthCampus whichis distributed by dieParking Officeorcall theParking Office at645-25160r 829-2886. You'll find themap quiteuseful. Some parking advice: Comeearlyornot at all. Campus Busing I fy ou need to get to the South Campus, Blue Bird provides afree shuttle service. Blue Bird buses also provide service to dieEllicott Complex. Formoreinformation on Blue Bird busing services,call 645-2516. University vans provide a parking shuttle forwhen you have to park in the Center for Tomorrowlot or in die Alunuiiand Arena lots. PublicSafety Police services on campus are provided by Public Safety. Ifyou need assistance, call 645-2222. additional reporting byLisa Nasiak. - Business Manager �August 30,1994 THE OPINION 11 Attention all law groups! Advertise your J organizational meetings SBA Board ofDirectorsElection beh fL a Wednesdayandrhursday, Sept 21 & 22. «,* The ODiniOll _ . Kecruitnient Farty Candidates have until Sept 2at 4p.m. to pick up a petition at the sba office. . . . * ACandidates'Forum issche dulcdforTucs.,Scpl2o. ~ In order to make it easier for law students to contact student groups they may be interested in, we have provided a list ofall current law student groups along with the name ofa contactperson, ifone exists at this time. We hopeyoufind this listuseful. Asian American Law Student Assoc Room #7 Mimi Meng, Secretary Box #466 || tt|l|Si|l|lf t SftpffßHllM Join US today! ... r"oii (.AX. *>\An 311 OtO ITT / s|TbTa . - Circles Women's Journal of Law . ' Buffalo Environmental Law Journal •- Room#6o3 >~ Christin Horsley, Editor-in-Chief Box #4103 .. . urr,r- • •., „Szczepanski, , ■ Editor-in-Chief • Kevin * Room ftbUb «t_ Box #531 Buffalo Moot Court Board „., Room #1/ „ Suzanne Cristo, President Box #370 ... . Native American Law Student Assoc. Room # 7 Greg Hill, President Box #408 Evan Baranoff, Editor-in-Chief Box #10 _ Patent Law Society • Room #8 Mark Bertocci Box #333 ... _ ■■ in the ._■ Phi Alpha Delta (PAD) , Room #7 Christin Horsley, Justice Box #410 ,■ Public | Interest Room 603 . , MimiMeng, Editor-in-Chief Box #466 .■; jessup „ .„ , InternationalV Moot Court Room #10 Phi Delta Phi (PDP) Room #8 William Farley, Magister Box #386 Simon Conte, Executive Director jict. Box #572 Prison Task Force Room #118 Karen Judd, Coordinator n ' , _ T Labor and Employment Law Assoc. Room #7 Panepinto Box #486 Box #420 j.. Sports and Entertainment Law Room #8 Andrew Freedman Box #86 _' y m Latin American Law Students Assoc. „ Room#ll3A -*.--»*--»« Lesbian, Gay, Bisexual Law Students Buffalo Public interest Law(BPILP) „„_,_ ._.. Room #225 (Library) Helen Punders, Co-Director Box #413 . Christian Legal Society Room #8 JimFarnsworth, President „ 586 Box #70 The Opinion Room 724 international Law Society Room#7 _, . , a Simone Co-President #250 A Box ' Box #521 ~~ W|T nMa RI D E els|s]oßs|s|t|sßa|m|eln|d Federalist Society Room #603 Joseph Broadbent, President Box #581 Room#ll3A Corlette Trim, President Buffalo Law Review AM or v gMd tm o»m eter Domestic Violence Task Force Room #602 Julia Hillel, Co-Coordinator Box #116 Black Law Students Association - iiiliiffilmiill! All I Room #11 Marni Bogart, Editor-in-Chief Box #339 Association of Women Law Students Room#7 ——- jAWrvg ffi°_ . Buffalo Journal of Intemat '1 Law r Room #603 „*., >-. Suzanne Cruse, Editor-in-Chief „ or7 ~ Box #372 " ~"~" CrOSSWOrdAfISWer! iifißjfjSaaffim plumelgoer[oma r But don't wait. Candidates'statements to be published in The Opinion are due Friday. Sept 9. Statements shouldbe no more than two double-spacedandshould be , pages r, rw..r ,• , . handed in on an IBM disk. Statements can be placed either in Box 10 or 280. Include a photo with your statement £> and tell us abo lit your upcoming events! *_ 19 will be Monday, Sept. *" r at 3:30 p.m. c, .ru a n 8. Thursday, Campaigning begins Sept " ' - _ Room #118 Nancy J Students of Law for Animal Rights Room #118 Laura J Stroud , Medical-Legal Society ' Treasurer DOX #434 ff J Box * * Venita Parker President ' BOX #594 Student Bar Association (SBA) Room # 10i Ben Dwyer, President ' Box #67 Guild ~Lawyer's #118 . «• Ifyou re not satisfied with these orgamzations, students may start their own groups. Room #7 „'-i-j National Room Steering Committee Propeack, Kirn V ,iviii,( i Jiavjb.u,^wj.i,(ii ri ,„.j;_;i j,;.vrt . ~ , ContacttheSßAformore information. iiuoLufe (ladil-Mli utwliiwa) �I WE'RE NOT THE BEST I BECAUSE WE'RE THE WE'RE THE BIGGEST BECAUSE WE'RE THE BAR REVIEW 800-472-8899 1994 BAR/BRI � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Opinion, 1994-08-30 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. Opinion Vol. 35 No. 1 Date Issued Date of formal issuance (e.g., publication) of the resource. 8/30/1994 Bibliographic Citation A bibliographic reference for the resource. Recommended practice is to include sufficient bibliographic detail to identify the resource as unambiguously as possible. 35 1 Publisher An entity responsible for making the resource available University of Buffalo State University of New York at Buffalo Law School Language A language of the resource eng Type The nature or genre of the resource Newspapers Text Is Part Of A related resource in which the described resource is physically or logically included. LIB-LAW003 Rights Information about rights held in and over the resource <a href="https://rightsstatements.org/page/CNE/1.0/">COPYRIGHT NOT EVALUATED</a>. The copyright and related rights status of this Item has not been evaluated. Please refer to the organization that has made the Item available for more information. You are free to use this Item in any way that is permitted by the copyright and related rights legislation that applies to your use. This digital collection is made available for research and educational purposes. Researchers are responsible for determining copyright status, and securing permissions for use and publication of any material. Copyright for items in this collection may be held by the creators, their heirs, or assigns. Researchers are required to obtain written permission from copyright holders and the University Archives prior to reproducing or publishing materials, including images and quotations. For inquiries about reproduction requests and permissions, please contact the <a href="http://library.buffalo.edu/archives/">University Archives</a>. If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/2719c45bcf26f1be96d9c5d90ac9bb40.pdf a0e571b4994bb7f61ddf125ba268fcb1 PDF Text Text Bringing the issuesto thestudentssim el949 THEOPINION Volume 34, No. 15 STATE UNIVERSITY OF NEWYORKAT BUFFALO SCHOOL OF LAW April 19,1994 Dwyer Elected SBA President Machadojewett, Easterday Capture Executive Board Seats By Evan Baranoff. Editor-in-Chief 1994-95SBA GENERALELECTION RESULTS BenDwyer, 1 L,waselected Studentßar Association president April 13, winning 53 percent of the vote. Leslie P. Machado, Elizabeth Anna Jewett,and Adam R. Easterday were elected vice-president, treasurer and parliamentarianVo fficemanager respectively. TheSBA generalelection tookplaceon April 12 and 13. Only 354 law students voted in the general election,amounting to a turnout oflessthan 50 percent. Approximately 450 law studentsvoted in last year's general election. In the presidentialrace, Dwyerreceived 187votes, defeating Roxanne Marvasti (2L), who received 136 votes, and Mike Rickard (1L), whoreceived 31 votes. In the race forvice -president, Machado won 45 percent ofthe vote. He received 143 votes, to Craig Brown' s (1L) 97 votesand John Leifert's (1L) 79 votes. Jewett,whoran unopposed for treasurer, received2l2 votes. SheriKeeling, IL,whoran as a write-in candidate, received 45 votes. The parliamentarianrace was the closestrace ofthefour. Easterday won the seatby six votes, defeating Emilia Chernyavsky (1L) byamarginof 152 to 146votes. Dwyer said the new Board will work verywell together inaddressing shidents 'con- cerns. "MygoalistomaketheSßAarespectableand cohesive organization able to workas a team to tackle many important issues,'' he said. Dwyer said theadministration needs to listen more to the students, adding that he wants to work withthe administration to addressthe many concerns studentshave about thelaw school. Complaintsraised by students included late grades, limited course selections and inadequate Research and Writingclasses, Dwyer said. ' T don'tthinkthattheSBA this year did enough to get theadministration to engage us indialogue overtheseproblems,'' Dwyer said. "We need to get theadministration to sitdown withus." AfteralLheaddedV'Thestudentsare the raison d 'etre ofthe law school.'' Dwyeralso said he wants to "fosterand strengthen asense ofcommunity atUBLaw,'' which he said was "soured" by the SBA's infighting. ' 'Arespectable SBA helps create a more friendly community atmosphere,'' he said. One ofthe things Dwyer proposes is a community service day where law students can volunteertime on apublic service project. ThenewExecutive Board officers will take office on May 1. SBAPresident: Ben Dwyer 187 Roxanne Marvasti 136 Mike Rickard 31 Ben Dwyer SBA Treasurer: Elizabeth Anna Jewett 212 *Sheri Keeling 45 ElizabethAnna Jewett Adam R. Easterday * Signifiesawrite-in candidate Proposed Administrative Fee Irks Student Leaders byJoseph Broadbent, iFeaturesEditor University administrators have recently proposed the creation o faStudentFee Administration Officethat would act to oversee the handling and processing ofspendingrequests submitted to itby the student governments, a jobcurrenuyhandled jointlyby Subßoardland theadministration. The Officewouldbefunded by a 2 percent fee ofthe budgets ofeach ofthe seven studentgovernmentson campus. In February, Dean ofStudentsDennis Black circulated a proposal to create a new office to serve as an oversight in the area of student governmentfinances. Theoffice would berun by one mdividualand wouldreview the various spending requests submitted by studentgovernments. Black said that he came up with the proposal not to control the student governments, butasan effort to preserve thepowerthe governments have to decidehow to spend their budgets. Hesaidthattherehavebeenanumber ofrecent improprieties, such as thepocketing ofadmissionreceiptsby governmentmembers and events which have resulted in plea bargains in criminal court, which demonstrates that the organizations aren't able to handle By Evan Baranoff,.Editor-in-Chief Student Bar Association President Saultan Baptiste yesterday announced his to allow me, as wellas resignation as SBA president. Baptiste's resignation comes hoursbeforehewouldhave faced a recall election. "Faced with near certain recall or resignation, Saultan chose the less embarrassing option," said now acting SBA presi- exams, which begin on April 25," wrote Baptiste in his letter ofresignation. ' 'The timenecessary to campaign against arecall, whichwouldallow me toremain in office for one additional week, wouldbe wasted inlight ofmy long term academic responsibilities.'' Baptiste's resignation is effective as ofmidnight April 15, according to his letter. Beyer will now act as SBA president until SBA President-Elect Ben Dwyer takes office on May 1. Therecall election scheduledfor yesterday and today was cancelled uponreceiving Baptiste's letter ofresignation. ''The onlyreason for th isresig nation is I SBAParlimentarian/ OfficeManager: Adam R. Easterday 152 Emilia Chernyavsky 146 Baptiste Resigns On Eve Of Recall dentPaul Beyer. Leslie P. Machado SBA VicePresident: Leslie P. Machado 143 Craig Brown 97 John L. Leifert 79 othermembers ofthe law school community, toconcentrate on the more important goal ofpreparing for final on behalfof the other student governments, theirresponsibilities properly. Part ofthe problem, he said,is that Sub SBAPresident Bap tisteexpressed disapproval Board I, whocurrently doestheaccounting for ofthe proposaland offeredtomeet withB lack to discuss alternative proposals. The letter the student governments, is run byand controlled by the students it is supposed to be called the proposal a "wasted effort" and watching over. As a result, he said, it isn't statedthat theproblems couldbe solved through likely to tell the student governments what less drasticmeanssuch asreducing theamount ofpaperwork createdby the governments and they can and cannot do. Currently,student governments submit training the student governments to better spending proposals toSubBoard I, whichthen review theproposals. Theletterwentontosay reviews theproposals to ensure that they con- thatthe proposal would greatlyencroach upon form to proper procedures. Once Sub Board the governments' power to spend their own givesapprovaLtheproposals must bereviewed money. by theadministration to ensiue thatthey conWilliam Hooley, executive director of form to State Trustees' guidelinesbefore the Sub Board, also stated that there are other funds are disbursed. Under the proposal, one optionsavailable such as having the student person who is independent from the student governments grant SubBoard the greater oversight power, which would eliminate the need governments will beassigned the task ofrefor a separate office. Hooley stated that the viewing theproposalsand helping thegovernments better manage and use their funds. officeisn'ta bad idea but using studentfees to SubBoardand thestudent governments fund itis. Like many other opponents ofthe are decidedly opposed to theplan. Opponents proposal, he doesn'tthink the studentsshould say thatthe job ofreviewing proposals should be done by theadministration. They say there isnoneedtocreateaspecialofficeandnoneed to appropriate part oftheirbudgets to fund it. Most opponents feel thatthe proposal doesn't conform to the Trustees' guidelines, which they say gives theadministration a limited role ofmerely seeing ifthe proposals conform to the guidelines, not passing on their wisdom, as they believe the new office will do. They also feel that the administration caiuiot take part of thestudent governments'budget and spend it for them. Inaresponse to Black's proposal written haveto pay theadministrationmore money to do what is already its job. Black maintains that something must be done soon before campus or state officials decide that the current system isn't working, whichcould lead to a transferoffiscal authority back to the University. He insists that he wants to see shident control continue, but that something must be done to stop the way that governments are currently abusing the system. He said that the goal ofthe plan is to help the governments plan and organize the way in whichthey spend theirmoney. HIGHLIGHTS Speaker Says Democracy Is In Trouble Editorial and Opinion Mailbox Senior's Week Agenda 3 4-5 7 �_I*ieper People Pass!!! / / \ Come and see what \ • l i n everybody's talking i I J/ I / k \ \ / Every attorney I've / ever met said i must take Reper to \ pass the NY Bar J r (J V j / / I better send in my $150 \ deposit to receive those great looking Textbooks / and Appellate Alert Digest!/ AjPt \ \ j \\J \jt £ Don't be left out of the conversation!!! You passed too? That's great! I I couldn't have prepared any \ better!!! I'm glad I switched to Pieper!!! J gf) Ji~ X C <W V V 1 *i \ (of course I passed! \ , took pieper. •<: I couldn't have done lit without them! Find out why everyone's talking about PIEPER!!! CALL 1-800-635-6569 �Help Available ForVictims Victory! Of Domestic Violence by JoeBates, Contributor One ofthe mostbasic rights is theright to be safe in one's home. This was the topic oftherecent talk by The lLJessupMoot Court Team was victorious at the Fasken-Cambell-Godfrey International Moot Court Competition held in Toronto on March 19. From Left to Right, FrontRow: Les Machado, Bridget Cawley, Liz Goldberg, NicoleJohnson, Karen Bailey,Kristin Jones. Backßow: William Thomas Gargan.SadaManickam, Scott Rosenberg, andPeter Beadle. SuzanneTomkins, "Women'sand Children's Rights: A Local Perspective," sponsored by the Graduate Group on Human Rights. Ms. Tomkins sits on theErie County Commission Against Family Violence. The discussion focused mainly on domestic violence against women. Tomkins began her talk with some startling statistics. Overall, women are safer in the streets than in the home. Some 50 percent of homicides are committed by intimates, and2o percentofall women seekingmedical treatmentneed itdue totheresultsofdomestic violence. In the State ofNewYork, domestic violence is thelargest cause ofinjury to women. Closer to home, the Buffalo Police Department answers roughly IL Jessup Team Recaptures Fasken Championship For UB UBLaw Tortfeasors 'Beat That By Karen A. M. Bailey, NewsEditor Cornel West, directoroftheAfro-Ameri- can Studies Program at Princeton University and author oftheNew YorkTimes bestseller, '' Race Matters,'' addressed alarge audience atUß's AlumniArenalastmonth. TheProfessor ofPhilosophy, who has eight additional books to his credit, was the guest lecturer for the Buffalo Federation of Neighborhood Center's Centennial Celebration Lecture. In introducing West, university president,WilliamGreiner pointed out thatfew academics today have as broad an impact on the critical questions that wehaveabout race and class.'' Central to West' s address washis concern with the preservation of "the best of tradition inorder to ensure the survival ofa truly democratic society. West, who considers himself' 'a beneficiary ofand joyfulparticipant in the African-American tradition of struggle,'' focused on the importance ofsubscribing to the "radical democratic tradition He described this concept as involving ' 'the notionthat everyday people ought to beable to live lives ofdignity.'' According to West, this approach is radical in view ofthe fact that "throughout history, ordinary people have been forced to defer to unaccountable elites and have had their humanity rendered invisible.'' For example, he asked his audience to consider whetherthosewho builttheEgyptianpyramids did so voluntarily or evenhad theopportunity to build monuments to their own existences. Addressing examples in American history, With theViolence AgainstWomen Act theFederal Government has dedicated more resources to provide education, counseling, and shelters for women and children. The biggest task, however, is simply to inform victims that help is available. Tomkinsdefinesdomestic violenceasa pattern ofbattering and abuse. It is a systematic use of intimidation to maintain control, not justa single violent argument. Domestic violence can take many forms, and it'snoteasy for the victim to get the help she needs. The modern movement to helpbattered women started in the 1970swith theopeningof shelters and counseling centers. In 1990, the Law SchoolTask Force onDomestic V iolence began working withHaven House,a shelter for battered women, offering volunteerlegal services to victims ofdomestic violence. Down' Competition byJeffery Weiss, StaffWriter To steal the words of Supreme Court Justice Harry Blackmun, who stole them from former Justice Byron White, who for some bizarre reason stole them from the Grateful Dead,''What aride it' s been." This memorable quote accurately describes the phenomenal season that the first year law school intramural volleyball team justwrapped up. This hard working group of student athletes went by the name of "The Tortfeasors" and quickly put the rest ofthe volleyball world on notice that they were a force to be reckoned with. They battled their way to aregular season record of seven wins and three losses, followed by a playo ITrun that saw them make itall the way to the divisional championships. 1991 and 1992. The competition, sponsored by the FaskenCampbellGodfi-eyInternational Law Toronto-based law firm Fasken Campbell Moot competitionwhich was heldonMarch Godfrey,provides an opportunity for firstyear students to prepare and present oral 19inToronto. The team,which consistedof ten firstargument onan internationallaw issue. This year the actual competitionrounds were held year students selected from February'sintramural competition, placed first in all three in the Federal Court ofCanada. Each team award categories. Peter Beadle and Kristin participated in two rounds oforalargument Jones won the award for "Best Applicant with each team member allocated 20 minTeam" while "BestßespondentTeam'' went utes eachround. The question presented this year intoKaren Bailey and Scott Rosenberg. The overall scores for these teams, volved thefictional country ofßalboa,which combined withthe scores for NicoleJohnson was detaining aprominent humanrights lawand SadaManickam (Respondent) and Elizayerand her family, as well as several hundred bethGoldbergand WilliamThomas Gargan people fleeingcivil strifepending theirreturn (Applicant) helped UBLaw win theawardfor to theiroriginalcountries. Teams represent"Best School." Les Machado and Bridget ing theapplicant country ofFreedonia tried to Cawley were the team's alternates. Syracuse convince the "judges" sitting onthe InternaUniversity,ComellUniversity,Osgoode Hall tional Court of Justice that the detainees atYorkUniversity,UniversityotTorontoand should be released to Freedonia. Teams Queen's University were theothercompeti- representing the respondent team ofBalboa attempted to convince the ICJ thatBalboa's tors. Lasty ear,Syracuse wontheaward for decisiontoreturn the parties to their original "Best School," beating UB by less than a countries,rather thanallowing them to go to point. UB however, wonthe competition in Freedonia, was the proper course ofaction. byM. Bridget Cawley, Contributor UB Law School swept this year's the Speaker Warns Volleyball: 20,000 domestic violence callsa year. fastand hard, withan offensive onslaughtled by Shannon Mclntee, Dave Zagon and Scan Kemiedy. Their merciless attack often left opposing teams with a look ofhorror in their eyes. TheTortfeasors were notcarried by one or two players, but put forth a full scale team effort every timethey entered the gym. This team featured suchhardhittersas Terry Brophy, Siioba Rourk and Jenifer Scalisi, as well a defensive standouts Gina Di Gioiaand Jeffery Weiss. By mid-season, a team cohesion had developed and thefear began to spreadaround thecampus. There wasa newkid onthe block and they meant business. The most important thing thatcame out of this experience was that all of the team This groupofdiggersand spikers should members had a lot of good clean fun. Law be proud ofthe fact thatthey displayed class, School can be a miserable place where you teamworkand sportsmanship onthe gymfloor. have to dealwith uptight studentsand crabby However, opposing teams soon discoveredthat professors, butthe membersof theTortfeasors they should notconfusesuchexemplary behavare proudest ofthe fact that they were able to iorwithsoftness. Simply put, theTortfeasors take a few hours offeach weekandenjoy each other's company. Hopefully, the rest ofthe specialized in handing out beat downs. Captain Sada Manickam had this focused group Law School will follow theirlead andputaside pumped up for every match. This team struck some time to blow offsome steam. Market Culture Threatens Democracy West emphasized that the tradition of white malesupremacy "was like a serpent wrapped around the feet of the table on which the Declaration o flndependence was signed.'' He Addressing solutionstothe nation'sproblems, Dr. West stressed the need for public conversation in order to create bondsoftrust among differentgroups in society.'' He emphasized that empathyand compassion, love, pointed out that where "ordinary people's liveshave beensubordinated,manipulated and devalued" by supremacist ideals and economic inequity, "the resulting despair, distrust,poverty and paranoia creates a sense of political incompetence [i.c] the feeling that individuals can'tmakeadifference."Dr West explained thatwhenthis happens it becomes impossible to give power to the word people and cautionedthatthe sign ofa democracy is decay is one thatcan no longer put a premium onthepublic." Accordingto West, theexistenceofthe market culture is a major phenomenon that makes it difficult to preserve democracy. He described thisas " the rapacious, rugged and ragged individualism at work in the United States wherewe feel that only our individual lives are crucial." In his esteem, when ' 'the private becomes sacred, we associate public issues with disgust and squalor." He explained, for example, that the association of public educationwith A frican-American youth and the welfare system with African-American women prevents problems in these areas from being viewedas national priorities. He explained that this individualistic approach prevents recognition "ofthe overlapp ing our destinies as groups in society who are tied together by the problems that we face.'' Citing specific issues that need to be hope and a sense of history are necessary to Spectnu SeoYTbe Susan combat the currentloss ofdemocracy and economic decline. He explained that love is necessary in order to communicate experiencesand to equipindividuals to enhance the livesofevery day people.'' A senseofhistoryi.e. a sense of each other's contributions to history- providesrecognition ofour interconnected dependencies, according to West. Inhis opinion, when American history is taughtwithout information on individual group histories, "itis impossible to engenderempathy, sympathy and compassion about theplights ofother Cornel West, Princeton University groups." In conclusion, he stressed the imporaddressed, Westpointed out thatonepercentof Americans control 48 percent ofthe totalnet tance of individuals "making a difference financial worth, 20 percent ofAmerican chil- even when their acts may seem invisible." drenlive in poverty and noted that 51 percent According to West, individualefforts at soluofßlack childrenand 42 percentof"Brown" tions are still visible to othersand "weneed to children are poor. ' 'This is oligarchic, pluto- realize that ourworkhas ramifications bigger thanourselves." cratic and pigmentocratic," he asserted. The JoeAntonecchia United Farmworkers Internship In Joe'shonorand memory, LAELA and LALSA have startedthisinternship to provide a first or second year law student will intent for 10 weeks with the UFW in California representing and advocating forfarm and migrantworkers. A Table will be setup outsideroom 106 from 8 a.m. to 3 p.m.Today andTomorrow for donations. Checks may be madepayable to Sub-Board I\Joe Antonecchia UFWInternship and may beleft in Kevin Collins' BOX # 630. Any and all donations wouldbe helpful and greatly appreciated. Peace and rock on! April 19,1994 The Opinion 3 �sdfasdfsdfsdfsdf PePINION jBJH Founded 1949 Volume 34, No. 15 Editor-in-Chief: ManagingEditor: Business Manager: News Editor: Features Editor: Layout Editor: Photography Editor: Art Director: 1994 Evan C. Baranoff Peter G. Zummo LisaC.Nasiak Karen A. M. Bailey Joseph Broadbent Vacant Vacant Vacant Staff Writers: Paul Beyer, Dan Harris, Leslie Machado, Sharon Nosenchuck, Jeffrey Weiss Contributors: JoeBates, Bridget Cawley an( Computer Consultant: Peter Beadle EDITORIAL Nightmare at UB — cj How many of you thought when you looked at your course selection booklet: "Is this it?" Many students labored during these past few weeks to try and find four courses that they found interesting enough to register for and that didn't conflict with each other. A scarcity of courses, time changes and cancellationsmade registration a nightmare for many students. Even beforeregistration materialscouldbehandedin, at least one class had already been canceled. The paperthat the course list was printed on was still hot when a parade of other changesbegan to confound students trying to make some kind of sense ofnext semester's schedule. And, to add insult to injury, some cancellations were not even posted. Conflict ofLaws, for example, was canceled with no advance notice to students, leaving many of us in the twilight zone, unknowinglyregistering for classes that will never meet. Registration was so botched this semester that there will be another "pre-registration period beginningThursday, April 21, to May 10, when students will beable to drop/addcourses, hopefully ones which will still exist next week. In light of these problems, there is obviously a need for greater coordination between the faculty, A&R, and the students. Although we understand that unforseen events will arise, there is no excuse for the inefficiency ofthe current system. AndNowFor Something CompletelyDifferent: The Opinion: The Next Generation The new Editorial Board ofThe Opinion plans to continue itsmission of informing students about events occurring at the Law School and providing students with a voice to share their ideas with the community. We encourage students to assist us in this effort by becoming a part of The Opinion. We would like to take this opportunityto thank the outgoing Editorial Board members for an outstandingyear. Thank you Paul, Kevin, Sharon, Dan and Kathy. You will be missed. .. "Congress shall make no law .abridging the freedom ofspeech, or of thepress ..." — theFirstAmendment Copyright 1994. The Opinion.SBA. Anyreproductionofmaterialshereinisstrictly prohibited without theexpressconsent oftheEditors. The Opinionispublished every two weeks during theFall andSpring semesters. It is the studentnewspaperoftheStateUniversity ofNew York at Buffalo School ofLaw. The views expressed in thispaperare not necessarily those ofthe Editors or StaffofThe Opinion. The Opinion is anon-profit organization, thirdclass postage entered at Buffalo, NY. Editorial policy ofTheOpinionis determinedby theEditors. The Opinionis funded by the SBA from Student Law Fees. The Opinionwelcomes lettersto theeditor but reserves theright to editfor length and libelous content. Letters longerthan two typed double spaced pages will beedited for length. Please do notput anything youwish printed under our office door. Submissions can be sent viaCampus orUnitedStates Mail to The Opinion.SUNY AB Amherst Campus, 724 JohnLord O'Brian Hall.ButTalo.New York 14260 (716)645-2147 orplaced in law schoolmailbox 290. Deadlines for the semester are theFriday before publication. The ideas expressed in the "Letters to theEditor" and on the commentary page are not necessarily endorsed by theEditorialBoard ofThe Opinion. 4 The Opinion April 19,1994 OpM ino ailbox SBA President Paul Beyer's MessageTo Students Ke yearago, I could not have thought roleofadjudicating SBAconstitutional issues Idbewriangtheend-of-the-semester suchas those thatarose tiVs year. Inaddition, ialmessage to the student body. At President-elect Ben Dwyer put forth by-law that time, Saultan Baptiste and I, as running revisions that would increase the fiscal acmates, had won the Presidency and the Vice countability ofSB A Executive officers during Presidency, respectively. We had all hoped the summer months. Enactment oftheseand thatthe mayhem in theprevious SBA wouldbe otherrecommendations would goa long way a thing of the past. Unfortunately, as was towardavoiding some ofthe confusion and Dainfullv evident diis year. such was not the eridlock ofthis oast year. I would also like to thank Saultan for his To dwell on the negatives ofthe pasi c to the SBA. Wrule I am dismayed by would only perpetuate the currentpessimistic entaccusationsofracism in hisresignaattitude toward the SBA. Rather, I tion letter, as well as his questionwouldlike to congratulate thefirst able conduct as President, he deyear classfor theirunprecendented votedaconsiderableamountoftime showing at the polls last week, to his position which cannot go unwhich resulted in an Executive recognized Board comprised entirely of 1L's. President-elect Ben Dwyer and Finally, I close by relaying a Treasurer-elect Elizabeth Jewett son that I learned from the proconsistendy remained above die longed conflict within the SBA this SBA fracas and lent a moderating ('ear; a lesson thatwas articulated to force to our proceedings. Their ue so compassionately bySBAPresipropensity forreasoned diplomacy dentialcandidate RoxanneMarvasti. will comeinhandy nextyear. Joined It is that we are all here primarily to by their classmates Les Machado learnthe law andto begin to uphold and Adam Easterday, they present a good the ethical standards which are essential to a opportunity fora strong, moreunifiedSBA; a professionmneedofimage-btulding. Outofa promise that Saultan and I were unable to commitment to ourselves, our future clients and die entire profession, extraneous activiAs apractical matter,the SBA woiddbe ties, such as the SBA, need to be secondary. well-served by adopting a numberofby-law Thus, if the SBA should once again fall into revisions that I and a committee of Class disarray, please be reminded diat there are Directors have developed this year, not the more important things, such as integrity and least of which being a stringent absenteesim the respect ofour colleagues, with which we policy which will be considered at our next should concernourselves. meeting. 3L Class Director James Lynch has said, good luck with your finals, proposed the developmentofan independendyer employment and job searches, and elected SBA Judiciary which would serve the :ON! k t kThat ••• ■—- i i i —--— ———--—---——--————— IVI. illID OX, continued nextpageand page 7 This is the last issue ofThe Opinion this semester. Good Luck On Finals and\or the Bar! —-i I ! | �By Sharon Nosenchuck Labels Fuel For Thought News Editor Emeritus Mujawamaliya's Survival An Inspiration Monique Mujawamaliya is alive, unlike tensofthousands o fher fellowRwandans. Ms. Mujawamaliya, who spoke at the Law SchoolNov. 30,1993, was feared to have been ofalocal Christian cleric, she was able to get to a hotel whichhad been serving as a press center for foreign journalists. Foreign diplomats made arrangements for Ms. Mujawamaliya to be evacuated. As only for- howlucky we are to have such petty things to complainabout, when others,both in our own country and abroad, have so many other, really serious things to complainabout. Itkind ofputs tilings in perspective to thinkabout those living through thechaos in Rwanda versus the chaos killed in the violence that has enveloped Rwanda inrecent weeks. Ms. Mujawamaliya eign nationals or those deemed their equivawas on the telephone to Alison Dcs Forges lent were able to beevacuated by international ofour ownlaw school lives. when soldiers burst into her house in Kigali. relief flights, Ms. Mujawamaliya toldauthoriIn addition, I wouldlike to encourage all Ms. Dcs Forges, who, in a separatepresentaties that the cleric who helped her was her 0fus to thinkabout and rememberthosearound tion,also spoke at theLaw School lastsemeshusband, so thathe could escape under Cana- usthatareless fortunate than ourselves. Aswe ter, is a local Buffalo woman who is on the dian diplomatic protection, too. concentrate on our schoolwork, and later, on BoardofA frica Watchand is an international ourprofessional li yes, I hope that we will have puts things in authority on Rwanda. Fortunately, Ms. It kind compassion, sympathy,and empathy forthose arounduswho areless fortunate than ourselves. Mujawamaliya was able to make a daring perspective to think about 1hope thatall ofus here in theUBLaw School escape fromRwanda and is nowreported to be those living through the chaos Community under the diplomatic protection ofthe Canadon't getso caught up in what is in Rwanda versus thechaos dianGo vemment going on in our ownlives thatwe forget about those less fortunate, that we continue to think I won't go into detailaboutthelife ofMs. our own law school lives. aboutthem and try to help them, each o fus in Mujawamaliya or the history of the ethnic Why do I think it isimportant to bring to our ownmdiv idual way, each ofus in the way strife in Rwanda. For those ofyou whoheard the attention oftheUB Law School Commuher speak here last semester orwho read the that we can be comfortable with. activities ofthisonewoman fromatiny article thatwas wrinenabout her inThe Opinnity the As I write this, my last piece for The ion, you already know about the work ofthis African country? Well, for several reasons. Opinion. I'd like to say how much I enjoyed courageous humanrights activist from central FirstofalLforthoseofyouwho heard herspeak working on The Opinion. I would like to Africaand how theroots o fthepresent conflict and whoreadabouther andwereworriedabout congratulate my fellowmembersoflastyears's in Rwanda have been developing overthe past her safety in this troubled time in Rwanda, I editorialboard on the great jobthey did. It was wanted to let youknow that she isaliveand has apleasureworking witheverybody who helped decades (see the November 2,1993 and December?, 1993 issues ofThe Opinion). Ms. leftRwanda. Also, I wanted to share some of to put the paper out. And I would like to wish Mujawamaliya organized the broadest-based my thoughtsaboutthiswoman andwhatwecan the new editorial much luck for the future. andmosteffectivehumanrightsorganization learn from her. I would like to wishall ofyou good luck As the end of the semester and finals onyour finals. Congratulations to all whoare in Rwanda. She is an internationally acclaimed humanrights activist,who, dining her approach, and, for those graduating, the bar graduatingthis year. And, as you get caughtup trip to the United States last year, not only review classes and Bar Exam loom ahead, all in the craziness that always surrounds law spokeatUB, butwasalso honored by President ofus are great at complaining howmuch stress studentsas they study for finalsand/or theBar weare under andho w we have so much to do, Exam, please try to strive for grace under Clinton at the White House. we don't know howwe will beable to finish it pressure, and remember the example of Ms. Mujawamaliya was able to leave Rwanda after being designated an honorary all. We talk about how "tough we have it. Monique Mujawamaliya, awoman who, in a Canadian citizen. After hiding for five days However,as I thinkaboutMs. Mujawamaliya's truly stressful and life-threatening situation, whileher neighbors werebeingkilled around situation, I realize howlucky we are, to have due to her ability to think quickly and act her,Ms.Mujawamaliyabluffedherwayoutof such small complaints in life. Atthis stressful intelligently underpressure, was ableto keep herneighborhood inKigali. Then,withthehelp time in the schoolyear, we should contemplate her cool and stay alive. of of .. .Opinion Mailbox continuedfrom page 4 Etu Resigns As Class Director To The Editor: I regret to inform you that Iresigned as StudentBar Association First Year Delegate asofMarch22. I feel a need to apologize for ho wpoorly the SBA has functioned this year butrecent events have demonstrated thatmy actions are notresponsible forthat. I became invol ved in the Recall because I felt Icouldbefairand impartial. I also wanted thelp you,as a student,voice your opinion on this very controversial issue. I feel I did execute my duties equitably. However the represented yourinterests. Irefuse tocontinue board overrode my opinionsas chairpersonof to dignifythis silly SBA nonsense with sincerthe Recall committee on several occasions. ity. I have beensubjected to harassment and abuseranging fromverbal topop cans, to,what Susan M. Eto, 1L I would term afrivolous lawsuit. Itisapparent Wrong In Denying thatno matter how hard I and your other delegates try to represent your interest they are CLS a Charter frustrated by selfinvolved individuals. To The Editor: So, while I can not apologize for the 0nApri113,1994 theSBA votedBto 1 ridiculous manner inwhich SBA has operated, (with 2 abstentions) to deny a charter to the I can express my regret that SBA has not ChristianLegal Society (CLS). I willonly deal here with the issue of discrimination in what appears to bean arbitrary and capricious decision. The issuesofstateaction, free speechand distorted the truth. Now that the dust has thefreedomofrehgionwillbeleftforanother settled, I hope that you can now see the day. However, before my briefcriticism ofthis accomplishments made this year. I have decision, I first wishto publicly thank Sualtan enclosed afull report foryourreview. Baptiste's evenhanded treatment o four CLS It isalso myhope thatSBA VicePresiapplication and the thoughtful consideration dentPaul Beyer will honorbispublic promise on the part of some SBA members as to the not to assume the SBAPresidency givenhis legitimate issue(s). conduct this year. This would allow the The CLS application met all the objecnewly elected President for next year, Mr. tivecriteriaforapproval. However,approval Ben Dwyer, to immediately assume the ofwas denied (as I Understand the stated ratioficeandbegin torepair the damageto SBA's nal) because ofan alleged violation ofthe SBA reputation. I wish Ben the bestofluck in his bylaws by CLS bylaws. Section 14 (c) ofthe term ofoffice. SBA bylaws states that all chartered and/or This year in SBA is onlya snapshot in funded student organizations must "remain history. Giventhe historicand incremental open to all law students." A consensus was improvementsestablished during my adminquicklyreached thatconstrued thissectionto istration, it is my hope that these achievemean allstudentsmusthaveac cess to, not only ments have laid a strongand lasting foundameetings and activities, but also voting and tionfor future SBA presidents tobuild upon officer positions. By this interpretation, the SBA hasattempted to unilaterallymodify the Sincerely, existing charters ofall SBA organizations. CLS meetings and activitieshave always been Saultan H. Baptiste open toall students, however, ourbylaws provide that anyone who desires voting/officer P.S.GoodLuckonfinalsandyourfutureenCharter, continued on page 7 deavors!!! SBA Baptiste's Letter Of Resignation Dear Fellow Law Student: As ofmidnightApril 15,1994,1,Saultan H. Baptiste, resign from the office of Presidentofthe Studentßar Association. The onlyreason for thisresignation is to allowme, as wellas other members ofthe law school community, to concentrate on the more important goal of preparing for final exams whichbegin on April2s. It is unfortunate that a SBA recall election was scheduled so late in the academicyear,butmy first commitment must be to my higher goal of completing my legal education. The timenecessary to campaign against a recall, which would allow me to remain in office for one additional week, would be wasted in light ofmy long term academic responsibilities. I have successfully accomplished all ofmy goals as SBA President and I must now move forward towards graduation. Asaprogressive person ofcolor, itis not unusual that everyaction duringmy term ofofficewas questionedand painted in alight that was unfavorable. Each act was painted withthe brush ofhatredand jealously which ... byDan Harris, Photo EditorEmeritus Last week I washavingaconversation with someone who works with abused families. Sincelwanttobeacareerprosecutor, specializing incases involvingrapeand othersexualabuses, I thoughtthis person and I wouldhave much incommon to discuss. I was shocked when I was accused ofbeing a domineeringand overprotective male. The accusation came when I mentioned thatI had to leave intime to meet Lisa when she comes outofher therapy sessions. She's usually a bit uptightafterwards, and needsmetocomforther. Thewomanlspoke withsaid thatthis wasjust the typical male attitude of the male having to be there to protect the woman. I strongly disagreed. Yes, in this sihiation Lisa needs me there to comforther. However.it'smutualandequal. I can't imagine having made it through my mother's death withoutLisa there. Shewas in the room next to me and my aunt as we watched thelife monitorsslowly (or perhaps too quickly) flatline. On many nights I've woken Lisa up because I'm too upset to sleep. TheamountofcomfortlgetfromLisa cannot be describedorquantified. Does this thenmakeheradomineering feminist? No. I strongly believe that Lisa and I have an equalrelationship. Both ofusare mutually dependent oneach other. I find the labelofbeing adomineering male ironic. So often I've been labeled as ultra-feminist. People have ascribed to me the beliefthat just for having a V chromosome there's an automatic presumption of guilt and wrongdoing- especially in rape cases. To continue to beegalitarian, I also disagree with the label ofultra-anything. Yes, lam a feminist. I believe that woman are equal to men and should be treatedas such. However, I emphasize the word equal. I believe that women should receive equalpay and equal wages. I also believe that women should be required to register for the draft. I don'tbelieve in the assumption that in custody cases women shouldautomatically be presumed to bethe better parent. Currently when an unwed coup le has a child themother automatically hastherighttokeepthebaby. Thefatheris required topetition forsuch. Idonotseethis as fair. Men and women must be treated equally. (Yes,I believe in paternityleave.) Labels are interesting. I've been labeled as both a conservative and a liberal. Although I'maregisteredDemocratl make ita pointnever to vote straightticket,and to always consider each candidate carefully. Nevertheless, people are quick to try to put somesortoflabelonme. That'stheproblem withlabels; no matter how much you try to force it,people never quite fit completely into thelabels ascribed to them. Okay.enoughwithlabels. Finals force me to complete my last article everfor The Opinion. Ihopeyouallhaveenjoyedreading myarticles as much as I've enjoyedwriting them this year. It'sbeen quite a trip I must say. We've been stuck in an elevator together. We went through the roller coaster ride of my mother's death. You've also learned thatl'venothad thebestrelationship withevery one ofmy housemates, but certainly adecentrelationship withsome. Once again,Lisa and I are notyet married; we're justbetrothed. However.shortlyafterthebar we shallbefully married. It's about time! Before I close my finalarticle I must thank afew people who were really therefor me dining the entireperiod ofmy mother's illnessandmyperiodofmourningfollowing her death. JamesDeßenedetto, Dave Brand, Vinnie Graffeo, ChrisPogson, Nicole Wint, andofcourseLisa. Iknowhowmuchlhate labeling; but I have to label you six as true friends who have taught me that no matter how tough itgets I'm neveralone. Thanks again! Good-luck everyoneon finals,the bar, the jobsearch, romance, etcetera. It'sbeen great! April 19,1994 The Opinion 5 �BAR %■/■ REVIEW ■ 1500 Broadway • New York, New York 10036 • (212) 719-0200 • (800) 472-8899 ATTENTION 1995 GRADUATES ENROLL NOW ~ PAY LATER As a special promotion thru the month of April, you may enroll for the BAR/BRI 1995 New York Bar Review Course in one of two ways: 1. Complete an enrollment application and put NO MONEY DOWN. You will be billed in June for the $75 registration fee. The $75 payment, due by July 15th, will hold the discounted tuition currently in effect. OR 2. Complete an enrollment application and include your registration fee of $75. This entitles you to receive selected BAR/BRI outlines for use this semester and also entitles you to receive the MPRE review book and lecture. As with option one, the registration fee, of course, also holds the discounted tuition currently in effect. There you have it ~ two options. Whichever one you choose, you get New York's and the nation's largest and most personalized bar review with a proven track record of success, and you save at least $125 off the 1994 tuition. Our anticipated 1995 tuition is $1550. By enrolling now, your discounted tuition will be $1350. Also note, with either option, if you get a job with a firm that pays for your bar review course, we will immediately refund you the $75 that you have placed with us. Additionally, if you accept a job in another state, your enrollment may be transferred to that state and you will receive the tuition in effect in that state at the time of your enrollment. To enroll for either of these options, see your representative or contact us at the above number * BAR/BRI SCHOLARSHIP UPDATE * pleased to announce that we have awarded more than $100,000 in bar review scholarships for the Summer 1994 New York, New Jersey and New England Bar Review We are courses. While other bar review courses advertise similar programs, BAR/BRI delivers what it promises. The purpose of the BAR/BRI scholarship program is to aid those students demonstrating financial hardship to defray the cost of their bar review course. BAR/BRl's continuing dedication to law students, combined with our comprehensive materials and distinguished lecturers, has once again resulted in enrollments surpassing all the other bar review programs combined. In light of this scholarship program's success and our constant commitment to law students and the legal profession, we intend to continue this program for the 1995 academic year. BAR REVIEW .......... . , i , .. �.. .Opinion Mailbox FailureTo Meet Grade Deadline Hurts Students • continued v from page 5 membership must affirm astatement offaith. notdifferent in kind from thatofotherorganiFirst, several chartered SBA organizazations. tionsmakemembershipconringentuponagreeOverthe past year, CLS has presented ment widi the particular organization's purseveral speakers with importantand distinct pose or ideology: ''Membership in N ALSA views(distinct from the perspective oftheLaw shall be open toall.. .who indicate agreement School's dominantculture) directlyrelevant with the organization's propose." Native to the study of law. Many students have AmericanLaw StudentAssociation Constituexpressed an acknowledgement ofthe contrition. Thereareotherorganizationsthatrestrict bution CLS has andcontinues to make to this officers with requirements set forth by a namarketplace of ideas. How can any unique tionalassociation. The denial ofourapplicaorganizational view be preserved when all tion when otherorganizationshave criteriafor organizations are now mandated to become membership indicatesasinglingoutofCLS for potentially pluralistic in leadership and lose theiridentity in the process? Withoutan SBA discriminatory treatment. Second, not only doall SBA organizacharter, CLS speechremains a distinct disadtions have certain membership restrictionsbut vantageto that speech presently in this SBA this criteria serves an importantand necessary established forum. function. What is to prevent a "hostile takeThe issueofSBA discriminationis cerover" of any minority student association? tainly ironic. At this great "liberal" and Under this misconstrued (and now official) "openminded'' University, only certain views "interpretation" of the SBA bylaws, the areendorsed. Limited access to facilities may majority mustrule everystudent organization be(grudgingly) given to minority speech but regardless if they subscribe to that full access to an equal playing field will be organization'spurpose. The tyranny ofamagivenonly iftheassociation puts atrisk its very jorityis a very possibilityhere. In fact, several nature andpurpose. Fortunately, fairand equal SBA members havealready expressed differ- trearmentdoesnotdemandthat. Someofthose that suppress minority views claim that tiiey ing levels ofopen hostility toward CLS. It was evident tiiatthe CLSaffirmation would neverarbitrarilydiscriminate. But what criteriais not what the majority of SBA want is done is more telling that what is said. it to be. However, this criteria is reasonable, it does not violatethe reasonable and historiJimFarnsworth, 2L President ofCLS at Buffalo cally implementedreading of 14 (c), and itis Dear Dean Boyer: Thank you fory our attentionconcerning my letter ofJanuary 27,1994. In that letter, I solicited your help in encouraging faculty to adhere to the February 15,1994 deadline for Fall 1993 grades to be submitted to the Office ofAdmissionsand Records. Themajority of the faculty were successful in meeting the deadline and many members ofthe student body greatly appreciated theirtimeliness. However, several faculty members faded to meet the deadline and some Fall grades are stilloutstanding. There is no question thatthis delay has detrimentally impacted students whorequire this information in their jobsearch. The greatest impact is on firstyear law studentsas they haveno previous measure ofacademic performance in law school with which to show prospective employers. In addition, several students, whoare seeking a semester abroad at other law schools, have complained that their paid applications are threatened widi termination due to their fail- The Opinion. I found hisargumentforashorter time frame forgrades to bereturned tobe very compelling. I concur thatmore work mustbe done to shortenthe periodgranted toprofessors forgradestobecompleted. As the deadline for Spring 1994 grades are already set, I plan to suggest to next year's SBAExecutive Officers thatthey consider forming a sub-committee to investigate a way to reduce the current time frame utilized by the faculty. I ask that you consider forming a similarfaculty committee so thatboth can work together on improving thisongoing problem. Lastly, as weenter thewarmermonths, I ask thatyouremind the faculty ofthe deadline ofJune 15,1994 for Spring grades to be submitted to A&R. As the law firm recruitment process begins in early Fall, it is imperative that Spring grades are available in a timely manner. Onbehalfofthe studentbody, I appreciate theefforts ofthemembers ofthelaw faculty concerning these matters and their compliance widi die prescribed deadline. ure to have a complete transcriptavailablefor review. Please contact these professors and instruct them to rum in their grades with all Sincerely, Saultan H. Baptiste deliberate speed. SBA President I read the Letter to the Editor from my fellow classmate, Joshua Kimerling, which (Editor's Note: This letter was written on was published in the March22,1994 issue of April IS.) Probing, Timely, Controversial, Beer... JoinThe Opinion! Announcement: Benefitfor the Women'sLaw Center ' 'TheKathy & Mo Show 7p. m., Sunday, May I MountSt. MaryAcademyAuditorium 375 6 Delaware Aye., Kenmore. For more information, callB3B-0256. The Opinion is in the market for a photography editor, graphicseditor and layout editor. Assistant editor and reporter positions are also available. Interested parties should call x 2147 or leave a note in 80x#290. (OpinionT-shirts are available in limited quantities. Inquire within! SENIOR WEEK EVENTS: - Friday, May 6 After Finals Happy Hour- 5 pm 8 pm The Shebeen, 252 Delaware Avenue Saturday, May 7 Habitat for Humanity volunteer project to improve neighborhood housing Senior Week Ticket is not required for this event Saturday, May 7 The Last Bash at 573 Linwood 9 pm until 573 Linwood Avenue (between Delaware & Main) Sunday, May 8 Barbecue/Picnic at Baird Point -- - - 12 noon dusk Food, Beer, Softball, Volleyball, etc. Monday, May 9 Bowling & Beer Night 9 pm to Midnight Town Lanes, 465 Oliver, North Tonawanda Don't let your education end with graduation! Tuesday, May 10 U.B. Law Night at Pilot Field 5 pm: Atl-You-Can-Eat & DrinkPre-Game Party at Luke & Ollie's Restaurant inside Pilot Field 7 pm: Baseball Game, Bisons vs. Nashville ifll $916 Wednesday, May 1 1 Awards Dinner Dance 6 pm to Midnight Delaware Park Casino - Semi-formal attire required Funded in part byagenerous contributionfrom Bar Bri Bar Review Admission to all Senior Week events will cost Only $20.00 per person. You must R.S. VP.for both the Baseball Game and theAwards Dinner Dance at the lime you purchase your tickets. Tickets may not be purchased for individual events. X Limited So Buy Your Tickets Now *** *** Space isticketsAvailable Room 314 O'Brian Hall 11-ISSSB in ■H.1,. ,„lM,,fc t..,.ir..,i«,i.r.,i li.mLtatijaXlillMMil Please make all checks payable to: Student Bar Association. i IJFA— I'll callyou when Iget YoSlemy.tkisamtrockelscimcel home.. .iflget home? 1 Paul,Kevin.Sharon.Dan.andKathy:It's4a.m. Wishyouwereherc! Jon-passOubeeriwu! Puul, Wcstillnealaphotoeditor.Don'lbeastranger.Thanhs/or everything.-E Weknowwhcrcyoulive! ILawßcview: Here's one SBA president you won 'I have to kickaround any morel and breakfast. -POZ Tothe newBLSAE-Board: Iknow youcan doit. Staystrong. -KAMB Honey, sorryImissed P.8.: You know you want to! ToArthurE.aiuiJames L. Thanksforallthatyou'vedoneandgoodluck outtherc! I'll miss youboth. -KAMB Pokey- Thanksfor beingmyfriaut. Gum J.G-C-OOL! Sharon-Thanks -E I dinner. . i ■ �4 non-profit University program for students, faculty & staff The Commons • North Campus • (716) 645-3554 • Fax: 645-3884 April 19,1994 The Opinion 7 �BAR/BRI NEW YORK SUMMER 1994 LOCATION INFORMATION SHEET (ALL LOCATIONS VIDEO UNLESS OTHERWISE INDICATED) ALBANY Albany Law School ANN ARBOR, MI YMCA 350 South Fifth Avenue 9:3OAM ATLANTA, GA TENTATIVE Georgia State Univ Law School I:3OPM 9AM/I:3OPM/6PM - BERKELEY, CA TENTATIVE - UC Berkeley - Boalt Hall BOSTON, MA Boston University School of Law BRIDGEPORT, CT Bridgeport Holiday Inn BROOKLYN Brooklyn Law School BUFFALO SUNY at Buffalo School of Law 9:3OAM/I:4SPM/6PM CAMBRDDGE, MA Harvard Law School 9:3OAM CHARLOTTESVILLE, VA Univ. of Virginia School of Law 9AM CHICAGO, EL 1) HYDE PARK 2) GOLD COAST Univ. of Chicago Law School Northwestern Law School 9:3OAM 9:3OAM DURHAM, NC Duke Univ. School of Law 9:3OAM HARTFORD, CT Univ. of Hartford 9:3OAM HEMPSTEAD Hofstra Univ. School of Law 9:3OAM/I:4SPM/6PM ITHACA Cornell Law School 9:3OAM LOS ANGELES, CA BAR/BRI Office MANHATTAN 1) DOWNTOWN 2) MIDTOWN NYU Law School A Town Hall 43rd St.(bet. 6th Aye. & B'way) 9:3OAM (LIVE) B BAR/BRI Lecture Hall 1500 B'way (at 43rd) Columbia Law School Whitehall Club 17 Battery Place 6PM 9:3OAM/I:4SPM 6PM MIAMI, FL BAR/BRI Office 9AM MONMOUTH COUNTY, NJ Holiday Inn 700 Hope Road MONTREAL, CAN. McGill Univ. 9AM NEWARK, NJ Rutgers Univ. Law School 10AM/6PM NEW HAVEN, CT Colony Inn NEW ORLEANS, LA Tulane Law School 9:3OAM NEWTON, MA Boston College Law School 9:3OAM PALO ALTO, CA TENTATIVE Stanford Law School PHILADELPHIA, PA Sheraton Univ. City 36th & Chestnut 9:3OAM POUGHKEEPSIE Vassar College 9:3OAM CUNY Law School St. John's Univ. Law School 10AM 3) UPTOWN 4) WALL STREET AREA QUEENS COUNTY 1) FLUSHING 2) JAMAICA - 1070 Main Street - 3280 Motor Avenue - - - - - - Tinton Falls - 1157Chapel Street - - I:3OPM 9:3OAM/6PM 10AM 9:3OAM/I:4SPM/6PM I:3OPM 9.-30AM/I:4SPM 2PM 9:3OAM I:3OPM 10AM/2PM/6PM - 384 East Avenue 9:3OAM ROCHESTER Days Inn Downtown ROCKLAND COUNTY Nanuet Sheraton Rose Rd. & Rt. 59 9:3OAM SO. ROY ALTON, VT Vermont Law School 9:3OAM SPRINGFIELD, MA WNEC School of Law 9:3OAM STATEN ISLAND Wagner College 9:3OAM - SUFFOLK COUNTY Touro College of Law Southampton Inn 91 Hill Street 9:3OAM SYRACUSE Syracuse Univ. College of Law 9.30AM/6PM TORONTO, CAN. TENTATIVE WASHINGTON, DC Georgetown Univ. Law Center GW Law School 9AM 6PM WHITE PLAINS Pace Univ. 9:3OAM/6PM WILLIAMSBURG, VA William & Mary Law School IPM 1) HUNTINGTON 2) SOUTHAMPTON - - LIVE LOCATION BEGINS MA V 19TH TAPE LOCATIONS BEGIN MAY 25TH BAR RCVICW 10AM/6PM � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Opinion, 1994-04-19 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. Opinion Vol. 34 No. 15 Date Issued Date of formal issuance (e.g., publication) of the resource. 4/19/1994 Bibliographic Citation A bibliographic reference for the resource. Recommended practice is to include sufficient bibliographic detail to identify the resource as unambiguously as possible. 34 15 Publisher An entity responsible for making the resource available University of Buffalo State University of New York at Buffalo Law School Language A language of the resource eng Type The nature or genre of the resource Newspapers Text Is Part Of A related resource in which the described resource is physically or logically included. LIB-LAW003 Rights Information about rights held in and over the resource <a href="https://rightsstatements.org/page/CNE/1.0/">COPYRIGHT NOT EVALUATED</a>. The copyright and related rights status of this Item has not been evaluated. Please refer to the organization that has made the Item available for more information. You are free to use this Item in any way that is permitted by the copyright and related rights legislation that applies to your use. This digital collection is made available for research and educational purposes. Researchers are responsible for determining copyright status, and securing permissions for use and publication of any material. Copyright for items in this collection may be held by the creators, their heirs, or assigns. Researchers are required to obtain written permission from copyright holders and the University Archives prior to reproducing or publishing materials, including images and quotations. For inquiries about reproduction requests and permissions, please contact the <a href="http://library.buffalo.edu/archives/">University Archives</a>. If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/1f0be369ba8c2de90a8b4b00381f1947.pdf 3e6d730855516c6cbe2c3fbb04738597 PDF Text Text 1994-95SBA General Election Guide Executive Board Candidacy Statements Bringingthe issues to thestudents xincel949 THO E PINION STATE UNIVERSITY OF NEWYORKAT BUFFALO SCHOOL OF LAW Volume 34, No. 14 April 11,1994 Candidates For SBA President Ben Dwyer, IL This semester, countless students have expressed to me Roxanne Marvasti, 2L My name is RoxanneMarvasti and I amasecondyearlaw their frustration with various aspects ofthe Law School: late student Irememberthepleasureandthepridel feltwhenlwas grades,Research& Writing,problemswithprofessors, thelist admitted to UBlaw school. I couldhardly waitforthe firstday goes on. Of course, I am not surprised at this. I too am as ofclasses. Entering law schooiwasan importantdecision,one that would require hard work, and change the course of my frustratedas anyone. The perceived lack ofinterest to students' needs on the professional life. In the last two years here, I have enjoyed partoftheAdrninistrationisregrettable. However, itis simply myself, everything has gone welland on schedule. However, unacceptable that the S.B.A. has failed this year to articulate therehavebeenthingslhavemissedatour school. Whenlhave either the frustration students feel or their suggestions for had expectationsand voiced myconcerns, fellow studentshave oftenresponded' 'wheredoyouthinkyouare, at Harvard? this change. The S.B.A. certainly doesn't suffer fromlack of energy. is ÜB, people aren't here because they love it, they're here because it's cheap". The last time I articulated my concern People sometimes forget past S.B.A. officers' accomplishments: for example, the course evaluation guide this year, the about thelack ofprideandsense ofcommunity hereat our law first floor lounge theyear before. Unfortunately, most ofour school, someone said:" ifyou care so much why don't you get energy this year was wasted on infighting and dealing with involvedand do something about it? "so I took upthe suggestion ethics questions. Imagine the potential ifall that energy was and decided to run for SBA president, hence the creation of turned outward,towards productive goals. ' 'Roxanne for SBAPresidentand the Feel Good Campaign. General Platform: specific, practical, tangible, and I am confidentthat ifthe S.B.A. were to find its voice(and its sanity) theLaw School Administration would be willing to achievable goalsand programs to make UBLaw student body work with us to address the sources ofour frustration. I am a more cohesive group by striving for a sense ofpride and running forPresident because I feel I have theability to make community. Professional Relevant Experiences: twice electedand the S.BA. work. Throughoutmy year as Class Director, I workedhard to served as president ofboardofother organization;electedand moderate S.B.A. excesses andresolve conflictstheright way. served as treasurer ofcultural society; substantially particiI feel I have the ability to createan atmosphere ofcooperation pated in formulationand writingofnot forprofitorganization's (maybe even fun) inwhich S.B.A. directors,and evenregular constitution andby-laws; negotiation, delegation,and managestudents, will feel encouraged to work to theirpotential. Ifyou ment skills; substantial experience in organizing educational, don'tknowmealready.don'ttakemyword. Stopreading this social, and cultural events. Personal Relevant Qualities: keeps perspective and and ask someone whois familiar withmy record about me. In suchan atmosphere,morecan be accomplished. I have balance, serious, determined, goal oriented (last year I was many ideas. AsI saidbefore, I hope to engage theadministration pregnant and commuted 160milesadaytoschool. Ihadthebaby five weeksbefore the spring semester finals, I took one week Dwyer, continuedonpage 7 off, declined all extension offers for exams, and successfully finished theyearwithmy classmates; compared to thatattendRight ing SBA meetings should not pose any problems), sense of humor, very organized. View On Recent SBA Events: sometimes even thebest ofcircumstances, unfortunate things happen betweenthe best ofpeople; sometimes the best ofpeople make mistakes; We muststart the new year with a clean slateandproceed accordingly. There will be a new board, and new matters that will require our careand attention. At this timeI wouldrather see ... Exercise Your To Vote! SBA General Election TomorrowandWednesday April 12 and 13 from 9 a.m. to 4 p.m. outside the law library If you don't vote, you can't complain! ... Marvasti, continuedon page 7 Mike Rickard, IL My name is Mike Rickard and I'm running for SBA president. The reason I'm running is because I 'm dissatisfied with the direction SBA has taken during the past yearand like many students, I feel thatit is timethatSBA gotback on track. It's time (hat we started getting positiveresults from our student activity fee. I have had plentyofexperiencewith student government to understand its strengthsand weaknesses and I am familiar withtheway thatstudentgovernmentsoperate.Letmegiveyou abriefbackgroundonmy experienceinstudentgovernment At Erie Community College I served as treasurer ofthe Police Science Club and as its president the following year. I am currently servingas treasurer ofthe Domestic ViolenceTask Force. Myplatform is basedon theideathatstudent government belongs to us the students. I intend to make SBA more easily accessible to students withidea orproblems that SBA can help with. I'vealready heard someconcerns form students onissues suchas improvingthe lounge, improving ourbaffling grading system, making SBA more effective, etc. I intend to carefully review all ofthese excellenct ideas for implementation. What follows are some ideas that I would like to have implemented. Gradingsystem-Thereismuch dissatisfaction withthe grading system. Ifelected, I will pursue waysofimproving the grading system and making it a more valid indicator ofour scholastic achievements. Furthermore, I will work to help employers betterunderstand the grading system so that when we go forinterv iews, our interviewers willhave a firm grasp on ouracademic achievements. Student lounge-Ourloungecouldreallyuseamakeover. The lounge looks like thewaitingroom atMidasMuffler. I have several ideas foracquiring new furniture for our lounge including several from fellow students. SBA & the students-While SBA hasmade someaccomplishments this year, there is considerable room for improvement. There are several items in my platform for improving SBA and making it easier for students to access. 1. SBAmeetings-Alackofquorumhasprevented several SBA meetings from beingrun thisyear. I willwork to establish alternate directors in the event ofa director's absence so that SBA canremain operativeand workfor the students. FurtherRickard, continued on page 7 ... HIGHLIGHTS Vice-President Candidacy Statements Secretary\Parliamentarian Candidacy Statements University Council Candidacy Statements Treasurer Candidacy Statements 3 5 6 7 �Tf| \J \ I've to /y Bar P i c p c r atorney said ny ,/Ever\ 1 "met take the ev r must pas / -^ \ j Tsend recive Imextbkoinksg 15() $ my those °Crt %i A p P d k U C belt r deposit great be \ \. I i / twhat aralkuinngg* about! uand oays PCome Vrvhode'c;vry See f/ [ I Don't "^ r ^ l 1 done have PItEoRk wu,d^ s the 1 of A U> / left ' in /I out A P I E R ! P a s ! t a l k i n g conversati! about 1-806359/oicurselpadM evryone CAL ttj i '' igCSl! t <% Dfr{\ 1# J.WJ^ { I , why out Find \ : y C T 1 I , great! ,s That to ? pas ed fCYou 1 teu rm ( Contact: Pamela Valenti, Karen Judd, Chris Keller, Marjory Avant, Greg Hill, and Hector Figueroa People Pieper �Candidates For SBA Vice-President Craig Brown, IL Fellow Students: I am surethe last thing onyour mind at this point in the semester is SBA elections, especially after this year's SBA controversy. Thisyear'scontroversy isexactly why > Mshould be concerned about this election. No one wants another year like 1993-94,andyoucanmake sure it doesn'thappen--VOTE! Ihave had first hand expeiience seeing thisyear' sevents unfold. I think I have seenenough ofwhat does not work—give me the opportunity to show youwhat does work. Many o fyou are probably chuckling at this point Ho w can I know whatdoes work when I have been a member ofthis year's board of directors? It should be noted that not everyone on this year's board has been involved inthecontroversy, someofushavedone our best toremain pro fessional throughout it. I say someofus because I feel I have maintainedmy professionalism. Asproof 0 fthis I offerthe fact that I was chosen as theadministrator of the recall election thatis taking place on April 18thand 19th. If I was aplayer in the games that have taken place this year, 1wouldn't have been appointed with virtuallyno objections. This shows that both sides respect my ability to be fair and objective,and getting both sides to agreeon something hasbeen a rarity. Remaining professional has, at times, been challenging. I have to admit that I was involved in the soda can throwing incident; but itshould benoted that I was the one the can was thrownat, and I took noaggressive action. I wouldalso like to correct the mistake thatwas printed in the Opinion: The soda can wasalmostempty,not full, and atno timewaslinany danger ofbeing seriously injured. I guess alittle sensationalism sells papers. Itshouldalso be notedthatthe SBA is working onmaking sure this does not happen again. There has been a by-law revision committee thatisaddressingissues ofquorum, excessive absenteeism and director accountability. I am currently a member ofthatcommittee. Sincethese issues are currently beingaddressed I can hardly, in goodconscience, includethem in my platform. Some new ideas I wouldlike to address are a discount card, better faculty relations and more socialactivities. At thebeginning ofthisyear,the treasurerwascontacted by acompany thatwas offering a discount cardto law students. Thiscardwould onlybeavailable to law students,anditwould berelatively inexpensive (approximately $ 10). Withthis card law studentswould beable to obtain discountedrates on airfare, carrentaland hotelaccommodations. Since many ofustravel for interviews as wellas forrecreation, this card could proyeto be very cost efficient. Purchasing one would be optional. Unfortunately, this somehow fell by thewayside. I wouldlike to make this oneofmy goals for nextyear. When I was visiting otherlaw schools, onething thatI sawreally appealed to me. Some ofthe schools had numerous activities throughout the year that promoted interaction between the students and the faculty. Some ofthese activities included sporting competitions between a faculty team and a student team with a picnic afterwards and faculty/student luncheons where the faculty and students could interact socially. More interaction between the faculty and students will increase communication and will expose both groups to the other's concerns on a less formal level. After the first two weeks of school, law school-wide social activities plummeted. I have heard many students complain that they get very little out of there mandatory activity fee. I would like to suggest a bi-monthly happy hour. On two Fridaysamonththe SBA andanother studentgroup will Brown, continuedonpage5 ... John Leifert, IL Leslie Machado, IL In his speech accepting theRepublican nomination for Therecentevents inthe SBAhavebeen anabomination. President in 1988,Georgeßush said, "I seek thepresidency for it been Withoutassigning blame, isclear thatthe situationhas a purpose that has motivated millions of single purpose, a handled in away whichhas only served to hurt thestudentsand further discredit the legal profession. We deserve better. Americans across the years and the ocean voyages. I seekthe Sharing our school with the rest ofthe University is presidency to buildabetter America. It's thatsimpleand that intolerable. The halls are highways for undergraduates; our big." In seeking the office ofVice-president, I tooam seeking library isahaven forallstudents on this campus. The condition a has been shared by others: to establish a strong, goalthat Too ofthelounge isadisgrace. many student groups complain effective, StudentBar Association. I believe thatlam capable an ofourown. identity aboutthelackofofficespace. Welack Weare the onlypubliclaw school in New York, the second most the best candidate to fulfill that goal. As a StaffWriterforTheOpinion.I covered themeetings populous state in America, andpublic funding isinsufficient. ofthe SBA for a two month period. As such, I witnessed the We deserve better. Why do faculty members feel privileged to ignore the ineffectiveness and open hostility thatpermeated throughout deadlines for submitting students' grades? This is disrespect them, effectively endingany chance ofrealizing any tangible for the studentswho need the grades and disobedience ofthe goals. Ipersonally witnessed thefractureofthe SBA Executive rules thatmandate swifterresponses. Ofcourse, we deserve Board, leaving the bodyrudderless and Iwillnotlet that occur again. better. Historyhas taughtus that thosewhoareunawareorignore We have triedtimeand again to persuade theadministration to beresponsive to ouropinions ofthe gradingsystem. the past are destined to repeat its mistakes. It's a lesson that All wehavereceived has beeTri an intolerable''compromise.'' ha&beentaught over time and isone that should notbe easily The administration must respond to and answer for the deci- dismissed. Teflftstt end, I pledge to you t&day that I will do sionsthataffect us.This is for ourrepresentatives to theStudent everything in mypower to keep the SBA focused on itsgoals. I believe thatyou the voter shouldknow something about Bar Association to ensure. We must electas ourrepresentatives those studentswe my background. I am presently an Associate Editor withthe feel will listen to us and support us. This is our student Buffalo Journal ofInternational Law and a Junior Associate government. Last semester I tried to represent the law school memberoftheJessup MootCourt Board in addition to being a in the SBA; instead, I found away to serve by coaching the two StaffWriterfor The Opinion. I attendedFordham University law school Softball teams. My aspirations to servethe students as an undergraduate where I was an electedrepresentative of has not diminished since then. Those whoknow meknow that the Commuting Students Association my senior year. After Iam easy to findand easy to talk to; I am also notafraid to speak Fordham, I worked foroneyearwhile I saved money for law school. my mind. I am not someone who is inclined to run for political We deserve better treatment than we are receiving. Please come outand vote. And think carefully when youmake office wheneverthechance arises but I feel this election is of yourchoices. Thepeopleyouelectwill speakforyou; they must paramount importance. TheimageandperceptionoftheSßA also speak with you. Remember law is the second oldest hasbeen severely damaged in the past yearand needs serious, profession; let'skeep itfrom being confused with the oldest. capable leadership in order to be corrected. In announcing my candidacy, I have identified three major goals: (1) torepair the imageofthe SBA; (2) tomake the SBA moreresponsive and responsible to the students,and;(3) to address the problems and concerns ofthe students more IleneFleischmann will be hosting "Mind easily. With respect to the first goal, the present image ofthe SBA is one ofconstant bickeringand fighting and between the over Myth," a T.V. show on channel 7 Many membersofthestudentbodythatlhave spoken members. (WKBW). The show will run at 12:30 p.m. with viewthe SBA withdistrustand suspicion wonderingwhat every third Saturday ofthe month. The next theyaccomplish. showis 12:30 p.m. April 16. As Vice-president, I pledge to strive towardsmaking the organization more effective so that its perception is changed. Students shouldbeproud oftheSBA, not ashamed o fit. Students should see the SBA as being ontheir side, andnot believethey are fighting battles alone. Students should know that their 9 p.m.Wednesday,April 13,1994 elected officials are on their side. (New) Pink Flamingo Second, I don't believe the SBA isacutely aware ofthe needs of the students. It exists as the sole organization 1683 Main Street the views andrequirements oflaw students onthis representing Celebrate the lives of Joe,Ruth, and campus, yet most ofthe student body seems unawareofwhat Joanne with John & Mary, Nullstadt, occurs ona weekly basis. Themeetingsare not advertised,they Lynn Rogers, Scott Carpenter& the are too long and studentsare generally discouragedwhenthey attend the meetings. Ifelected, Iwould strive to make the entire Real McCoy's bodymoreresponsive to the students' needs. $5 Donation This can beaccomplished by endeavoring to make the Proceeds to benefit the Volunteer meetings shorter,advertising their timeand place, posting the agenda and printing the highlights ofthe meeting including Lawyer'sProject, Circles and the Joe attendance and voting results. In this manner, students aremore Antonecchia UFW Internship aware ofwhat the SBA is attempting to do, how their elected Machado, continued onpage 5 Announcements Benefit Concert ... April 11,1994 The Opinion 3 �BAR/BRI NEW YORK SUMMER 1994 LOCATION INFORMATION SHEET (ALL LOCATIONS VIDEO UNLESS OTHERWISE INDICATED) 9AM/L3OPM/6PM ALBANY Albany Law School ANN ARBOR, MI YMCA 350 South Fifth Avenue ATLANTA, GA BERKELEY, CA BOSTON, MA BRIDGEPORT, CT - 9:3OAM TENTATIVE - UC Berkeley - Boalt Hall Boston University School of Law Bridgeport Holiday Inn - 1070 Main Street TENTATIVE Georgia State Univ Law School I:3OPM I:3OPM 9:3OAM/6PM 10AM BROOKLYN Brooklyn Law School 9:3OAM/I:4SPM/6PM BUFFALO SUNY at Buffalo School of Law 9:3OAM/I:4SPM/6PM CAMBRIDGE, MA Harvard Law School 9:3OAM CHARLOTTESVILLE, VA Univ. of Virginia School of Law 9AM CHICAGO, IL 1) HYDE PARK 2) GOLD COAST Univ. of Chicago Law School Northwestern Law School 9:3OAM 9:3OAM DURHAM, NC Duke Univ. School of Law 9:3OAM HARTFORD, CT Univ. of Hartford 9:3OAM HEMPSTEAD Hofstra Univ. School of Law 9:3OAM/I:4SPM/6PM ITHACA 9:3OAM LOS ANGELES, CA Cornell Law School BAR/BRI Office 3280 Motor Avenue MANHATTAN 1) DOWNTOWN NYU Law School 9:3OAM/I:4SPM 2) MIDTOWN 3) UPTOWN 4) WALL STREET AREA - I:3OPM Town Hall - 43rd St.fbet. 6th & B'way) B'way (at Hall 1500 B - BAR/BRI Lecture Columbia Law School A Aye. 43rd) 9:3OAM (LIVE) 6PM 9:3OAM/I:4SPM 6PM MIAMI, FL Whitehall Club -17 Battery Place BAR/BRI Office MONMOUTH COUNTY, NJ Holiday Inn 700 Hope Road MONTREAL, CAN. McGill Univ. 9AM NEWARK, NJ Rutgers Univ. Law School 10AM/6PM NEW HAVEN, CT Colony Inn 9:3OAM NEW ORLEANS, LA Tulane Law School 9:3OAM NEWTON, MA Boston College Law School 9:3OAM PALO ALTO, CA TENTATIVE Stanford Law School I:3OPM PHILADELPHIA, PA Sheraton Univ. City 36th & Chestnut 9:3OAM POUGHKEEPSIE Vassar College 9:3OAM CUNY Law School St. John's Univ. Law School 10AM 10AM/2PM/6PM QUEENS COUNTY 1) FLUSHING 2) JAMAICA - - Tinton Falls - 1157 Chapel Street - - - 384 East Avenue 9AM 2PM 9:3OAM ROCHESTER Days Inn Downtown ROCKLAND COUNTY Nanuet Sheraton Rose Rd. & Rt. 59 9:3OAM SO. ROY ALTON, VT Vermont Law School 9:3OAM SPRINGFIELD, MA WNEC School of Law 9:3OAM STATEN ISLAND Wagner College 9:3OAM SUFFOLK COUNTY 1) HUNTINGTON 2) SOUTHAMPTON Touro College of Law Southampton Inn 91 Hill Street 10AM/6PM 9:3OAM SYRACUSE Syracuse Univ. College of Law 9:3OAM/6PM TORONTO, CAN. TENTATIVE WASHINGTON, DC Georgetown Univ. Law Center GW Law School 9AM 6PM WHITE PLAINS Pace Univ. 9:3OAM/6PM WILLIAMSBURG, VA William & Mary Law School IPM - - - LIVE LOCATION BEGINS MAY 19TH TAPE LOCATIONS BEGIN MAY 25TH BAR REVIEW �andicy 194-5 tatements EBxoecautrivd CS For CaSSndiBtesA ecretary\Parliamentarian withthe Parliamentary procedure. I would not support this idea. Parliamentary procedure doeswork, //the people using itand the Parliamentarianresponsible for overseeing it,know what they are doing. While Idonotsupport scrapping parliamentary procedure, I would considermodifying the rules to simplify them for the SBA members unfamiliar with parliamentary procedure and allow for a more efficient flow ofbusiness. I previously have served as Parliamentarian ofmy college fraternity and I helped implementsuch a modified system there for much ofthe samereasons as the SBA might use such asy stem simplicity and efficiency. The SBA Constitution also requires the Parliamentarian to act as the SBA Secretary. It calls for theParliamentarian to post notices,agenda and minutesofmeetings something that has notoccurredconsistently in my experience. Theglasscase right outside the SBA office would be a great place for the posting ofthesenoticesand minutes, and it shouldbe utilized for such a purpose. I am running for thisposition because 1 believethatit can be an important factor inaddressing many ofthe challenges the SBA will face. To take an example ofthe pivotal role ofthe Parliamentarian, therecent controversy concerning what con- — - Emilia Chernyavsky, IL My name isEmilia Chernyavsky and I am ninning for the S.B.A.officeofParliamentarian/OfficeManager.Someofyou mayremember me from thelast election for Parliamentarian/ Office Manger. Unfortunately I was not successful in that election but I have decided to give it another try. Iknowtheproceduralmlesofßobert'sßulesofOrderand I have experience with the moderation of meetings from participating in Model United Nations. I worked through my collegeyears inamedicaloffice where myadministration and secretarial skills were developedand heightened. All ofthe executive officecandidates have wonderful, practical and strong ideas for strengthening the S.B.A. as an organizationand UBLaw School as acommunity. I too share these ideas with my ninning mates. I hope that you willalso give yourrecommendations and thoughts to me for the upcoming academic year. I see the position ofParliamentarian as a dedication to see the issues resolved. I would bemore than happy to spend my entire time in office aiding the implementation of good ideas whether they are those ofS.B.A. directors or ofthe general studentbody ifthese motions achieve theneedsand concerns ofthe sttidentbody. I have been attending S.B .A. meetings and have volunteeredmyassistance forS.B. A. projects. My continued commitment demonstrates mywillingness and eagerness to serve my fellow students. Ifelected, my devotion and attention will only increase to benefit the S.B.A.and ultimately,you. Thank youand pleasevote! - Adam Easterday. IL For those ofyou who do notknow me, my name is Adam Easterday. I am a first-year student seeking the Student Bar Association position ofParliamentarian/Office Manager. This is a very critical time for the SBA, the negative image ofthe SBA will be the very first hurdle for the new executive board. The Parliamentarian/Office managerposiFinally, Iwish to ask all ofyou,regardless ofyour opinion tion is as much a key to the smooth operation and effective ofwhathasoccurredwiththe SBA thispasty ear, to vote in these government as the President, Vice-President and Treasurer. the The SBAConstitutioncallsfor the SBA to operate underRobert electionsand then support peopleyou choose to elect. The Rules ofOrder, the most common standard ofparliamentary SBA isourforum,wemustuseitand supportit, ifwedo notwe procedure. Theserules generally provideorderand efficiency areonly apartoftheproblem thatwill not go away orgetbetter to meetings as wellas allowing for courteous and professional ifleftalone. This is really the most basic expression ofwhyI chose to run forthis office. Ifyou wouldlike to speakwithme debate and decision-making. Thisatmosphereofprofessionalism has been sorely lacking in the SBA. Theresult hasbeen a regarding theelection, SBA or any other matter, please drop me lack ofconfidence in the SBA andthus, alack ofeffectiveness. anotemßox6B,orcaUB36-2372.Thankyouforyour timeand Therearesome whohavesuggested that theSBAdo away effort Continued .. .Vice-President Statements , ... ... Brown, continued from page I a social This gathering will include a gathering. Co-sponsor keg, sodaandmunchies. Itwouldpromote studentinteraction andallow the co-sponsoring student group to promote their causeand encouragenew members to join. Thebest place to have these gatheringswouldbeon-campus, butI have to admit I havenotchecked out ÜB's policyconcerningkegs on-campus while the undergraduates are in session. I would also like to haveatwo-week period that wouldhavea variety ofevents that would promote competition between different classes (IL, 2L, 3L). Each sectionwould earnpoints forparticipation and forplacing in thetop five or six spots. Points wouldbe totalled and posted each day, and the winning class would earn bragging rights. This would be veryinexpensive and would promote interaction between differentclasses. Promoting interactionincreases school unity which can only bringabout positive results. Finally, I offeryou the samething I offerechny class in the Fall semester—COMMITMENT. All semester I have been committed torepresenting my classesbest interests. Ben Dwyer and I pushed for the ballot to be changed for the upcomingrecallelection becausemany ofthe firsty earswere concernedabout not getting to have a say inwho would be the new president ifthey voted not to recall our present president (this would only be the case if the current president were recalled). I also have not had oneunexcusedabsence from a meeting, in fact, I have been one ofthefew people whohave — PinionidßT Founded 1949 April 11, 1994 Volume 34, No. 14 Editor-in-Chief: Managing Editor: BusinessManager: News Editor: Features Editor: LayoutEditor: Photography Editor: ArtDirector: PaulH.Roalsvig Kevin P. Collins Lisa Nasiak SharonNosenchuck Peter Zummo Evanßaranoff DanHarris Kathy Korbuly Staff Writers: Karen A.M. Bailey, Steve Balet, Saultan H. Baptiste, Paul Beyer, Joseph Broadbent, Les Machado, and Jeffrey Weiss Copyright 1994. The Opinion.SBA. Any reproduction ofmaterials herein is strictlyprohibited withoutthe express consent ofthe Editors. The Opinion is published every two weeks during theFall andSpring semesters. It is thestudent newspaper ofthe State University of New York at Buffalo School ofLaw. The views expressed in this paper are not necessarily those oftheEditors orStaff ofTheOpinion. The Opinionisanon-profitoreanization.thirdclasspostage entered at Buffalo, NY. Editorial policy ofTheOpinionis determined by the Editors. TheOpinionisfundedbytheSBA from Student Law Fees. The Opinion welcomesletters to theeditorbutreserves the right to editfor length and libelouscontent. Letters longer than three typed double spaced pages will be edited forlength. Please do not put anythingyou wish printed under our office door. Submissions canbe sentvia CampusorUnitedStatesMail to The Opinion. SUNYAB Amherst Campus, 724 JohnLord O'Brian Hall, Buffalo, NewYork 14260 (716)645-2147 or placed in law schoolmailbox761. Deadlines for the semester are theFriday before publication. stitutes a "general election" is a question that should be handled by the Parliamentarian. The interpretation of this question is properly directed to theParliamentarianfor aruling, this ruling could then beappealed by any memberof the SBA present. Tliis is howRoberts RulesofOrder dealswithquestions ofConstitutional and By-law interpretation. Machado, conlinuedfrompagel representatives are voting and whatis actuallybeing accomplished. Finally, if elected, I will be accessible at all times. Students oftenhaveideas forprojects, questions abouthow their moneyis being spent or complaints aboutsome aspect o flaw school. I will be approachable at all times, existing to serve theneedsand questions ofmy constituents: you. I believe it's time fora change. Individualsrunning for public office frequently fill their candidate statement with promises and goals that generally go unfulfilled. I simply pledge one thing to you today: to work as hard as I can to represent your views, ideas and needs. In his inaugural speech, JohnF. Kennedy challenged a new generation torespond to theneedsofthe country. As part ofhis invitation to them he said, "in your hands, my fellow citizens, more than mine, will rest the final success or failure ofour course." TheSBA is not the Executive Board, nor is it the Class Directors orthe committees on whichthey sit. It is you and you alonecan insure that it becomes an organization you can be proud of. I not onlybelieve it can, I know it will. Please help me realize that goal. Thank you for yourtimeand please vote on Tuesday or Wednesday. 1^ continually shownup only to findwedidnothavequorum. I hopeyou give metheopportunity tobeVice-President ofnext yearsStudentßar Association—the opportunity to make sure theSBA functionseffectively asavoice for studentconcerns. Thank you foryourtime,and evenifyou aren't going to vote forme, VOTE! Very trulyyours, Craig S. Brown ■ r---- —"■--■---- i — ----■"■-- —-■-"-1 The Opinion Editorial Board Election: 1 p.m. Friday, April 15 at room 724 O'Brian Hall __ i Anyone seeking a position on next year's Editorial Board must attend. All Editorial Board members and StaffWriters must attend. No excuses. Be there! ha«a-...- K a-___ MH M a. M a«a»aaai.a.a a.aaaia«aa.aaai M aa.a..aa.aa.aa.a.aaaia«a.al April 11,1994 The Opinion 5 �■ 1500 Broadway BAR REVIEW • New York, New York 10036 • (212) 719-0200 1994-95 Candidacy Statements For University Council • (800) 472-8899 ATTENTION 1995 GRADUATES ENROLL NOW Chris Castallo. UG - PAY LATER Last year, the voters in the UB Law School cast what endedup being the deciding ballots in the University Council Election. This year, the same is likely to happen. I havealready been campaigning at yourlaw schooland you haveall beenkind enough to letmeknow your feelings on important issues. To be honest, its not easytry ingto represent the27,ooostudentsat this university. Nextyear.l'dliketoput As a special promotion thru the month of April, you may enroll for the BAR/BRI 1995 New York Bar Review Course in one of two ways: some fresh ideas into action about these concerns. One ofthe ways is aUC Taskforce. The taskforce will include thesame numberofrepresentatives from each school, and will meet twice amonthto inform me directlyabout issues thatyou wouldlike to see raised atUniversity Council meetings. After eachcouncil meeting, the UC Taskforce will meet again so I canpersonally informthem ofwhat I accompli shed. This group willbe your personalcontact to meas yourrepresentative in the unlikely event that I cannot bereached. This idea,oneamong many, is evidencethateachschool, be itundergraduateorgraduate, isjustas importantasany other. By electing me yourUniversity Council Representative, each and everyoneofyouwill be insuring yourselvesofthatquality representation. When The Spectrum endorsed me, they said I was the candidate that was the' 'most in tune with studentconcerns.'' When the current University Councilrepresentative endorsed me, he called me' 'action orientedand a fighter for students' interests.'' These sources do not exaggerate. I have a lot in common withall ofyou. I wantto get my degree. I'm even interested in attending law school someday. Because ofthis, I willwork towardthe bestinterests ofthe entireUniversity, not justone division ofit. This year, again, you may bethe decidingvotes in avery tight election. Make the right decision by electing integrity, professionalism, and pride. Vote Castallofor council. Thank 1. Complete an enrollment application and put NO MONEY DOWN. You will be billed in June for the $75 registration fee. The $75 payment, due by July 15th, will hold the discounted tuition currently in effect. OR 2. Complete an enrollment application and include your registration fee of $75. This entitles you to receive selected BAR/BRI outlines for use this semester and also entitles you to receive the MPRE review book and lecture. As with option one, the registration fee, of course, also holds the discounted tuition currently in effect. There you have it — two options. Whichever one you choose, you get New York's and the nation's largest and most personalized bar review with a proven track record of success, and you save at least $125 off the 1994 tuition. Our anticipated 1995 tuition is $1550. By enrolling now, your discounted tuition will be $1350. Also note, with either option, if you get a job with a firm that pays for your bar review course, we will immediately refund you the $75 that you have placed with us. Additionally, if you accept a job in another state, your enrollment may be transferred to that state and you will receive the tuition in effect in that state at the time of your enrollment. You To enroll for either of these options, see your representative or contact us at the above number. * BAR/BRI SCHOLARSHIP UPDATE Michael Pierce, UG * We arc pleased to announce that we have awarded more than $100,000 in bar review scholarships for the Summer 1994 New York, New Jersey and New England Bar Review courses. While other bar review courses advertise similar programs, BAR/BRI delivers what it promises. The purpose of the BAR/BRI scholarship program is to aid those students demonstrating financial hardship to defray the cost of their bar review course. BAR/BRl's continuing dedication to law students, combined with our comprehensive materials and distinguished lecturers, has once again resulted in enrollments surpassing all the otherbar review programs combined. In light of this scholarship program's success and our constant commitment to law students and the legal profession, we intend to continue this program for the 1995 academic year. BAR REVIEW THE NATION'S LARGEST AND MOST PERSONALIZED BAR REVIEW COURSE 6 The Opinion April 11,1994 . The American patriot/author Thomas Paine observed that In Americawe have it in our power toremake the world all oyer again". This is my pledge regarding University governance: It istime that we stopped being strangers to each other and to ourUniversity. lamconvinced thatwe must reinvent theprocess ofstudentparticipation inthe business ofthe University. Students have aright to know whatthey can expect frommy stewardship ifelected to the UniversityCouncil. We can look forward to the fo Howing: 1. I will table before the council a proposed Charter of rights andresponsibilities fortheUniversity. Thischarter will codify whatthe responsibilities ofthe University, through its administration, are to students. 2. I will reintroduce in the regular meetings of the University Council thequestion period, whereby thePresident and his officers will give answers to questions ofUniversitywideconcern. 3. I will introduce a resolution directing the VicePresident for finance to prepare forUniversity-wide distributionan easy to read digestofthe University'sbudgetrequest, before it isratifiedby theUniversity Counciland senttoAlbany. 4.1 will offeraresolution wherebythe Student Union will be managed by and forall students, through the creation ofa Union boardofdirectors. I am offering a new social contract to students at this University. This implies atwo-way relationship. Imustdoall in mypower tobereceptivetoyourspecial needs andconcerns within theLaw School. To that end I will maintaina working relationship withthe Studentßar Association, and willrequest a bulletin board where notices and information regarding University Business will beposted, alongwithresponse cards for student input. I also restate my pledge to hold Town Meetings twicea month inthe Student Union. Itwill be atthese meetings thatthe Agenda for the University Council will be made. Notices of dates and times for these meetings will be posted on the bulletin board inO'Brian Hall. Ihaveofferedaclearprogramofmyaimsatre-inventing University Governance. It is aprogram thatisboth realistic, andworkable. A common tlieme runs tlinnighouttheplanlhave offered, and thatisoneofparticipatory democracy. It is in the best American tradition to restate: That those who submit to authority should have voice in their owngovernance. We can come home from the alien world ofbehind the scenes power politics. We cancome home and claim the University as ours again, not simplybecause it is ours, but because ofthe goodand creative place that we together have made it. In peace, I dedicate myself to the task ofkeeping my promises. �1994-95 SBA Executive Board Candidacy Statements responsible for the management ofthebank' sentire securities portfolio. My dutiesalso included making daily investments andmoney transfers fromvarious accounts. lam currently aS .B.A. class director,and throughoutthe commotion ofthis past year, I have remained dedicated and constructive in myactivities. I was involved with theInvestigative Committeeas an impartial memberand I am currently amemberoftheS.BA. Bi-lawcommittee. Weareconstructing new procedureswhich will hopefullyprevent somepast S. B. A. problems from occurring again in thefuture. For instance, we are proposing stricterpolicies forexecutive officersregarding their fiduciary powers, and a newabsenteeism policy which will guarantee quorum atS.B.A. meetings. I have a number of ideas which will help smooth the operations oftheS.B.A. as it functions in conjunction with other organizations and the general student body. I welcome, however, all proposals, questionsand recommendations that you may have, so please come and talk with me. The Treasury position is one which entails many significantresponsibilities andrequires much commitment. Two important qualifications are dependability and accessibility to student organizations. The treasurer (andmaybe all S.B.A. officers) should have set office hours so that students can beassured ofdefinite times whentheirmonetary needsand questions can be addressed. I Hello fellow law students. also Treasurer. propose that a interval schedule be set up specifying for Suident Bar Association I am running Although I am running unopposed, it is still important that I maximum response times for encumbrances orreimbursedemonstrate that I am aqualified candidate for the position. ments. The treasurer shouldalsoprovide a periodic treasury Duringmyundergraduateyears at CornellUniversity, I report to the general student body which would observe the was Treasurer for the Ithaca Fire Department. My duties students'rights to theavailability andallocation oftheirfunds. Most importantly, the treasurer, along with each ofthe included reorganization and management of the company's and directorsshouldbeable to co-exist, also an otherexecutiveofficers I accounts and financialinvestments. was officer bank for Cornell University E.M.S. where my responsibilities in- cooperate, and compromise. No matter how strong the individual candidate, the S.B.A. will not function without the cluded assisting the treasurer. harmony of the organization. Please remember to vote on Upongraduationin 1990,IworkedforRochesterCommuTuesday and Wednesday. Andwhenyoudo,pleasedonotjust nity Savings Bank. AsaReconciliation Accountant, I reconciledthe in andout flow offundsfrom various departmentsand vote for the individual, but choose each individual as an accounts into otherareas. These lines were organized inmuch essential element of successful team. Lets stop the madness the samemanner as the S.B.A. treasury. After one year, I was and start working together to builda stronger 5.8.A.! Veiy trulyyours, promoted to the Treasury Division and held the position of Elizabeth Anna Jewett Securities Representative. As Securities Representative, I was Elizabeth Jewett, IL ... Dwyer, .a. ForT SCanBdiAte reasurer Certified Candidates for SBA General Election Spring 1994 (Candidates listed as theywill appear on the ballot.) Candidates for SBA President Roxanne Marvasti Ben Dwyer Mike Rickard Candidatesf6rSßAV.ce-Pres.dent Leslie P. Machado JohnL. Leifert Craig Brown Candidates forSB APariiamentarian Emilia Chernyavsky Adam R. Easterday Candidate for SBATreasurer Elizabeth Annajewett Candidatesfor University Council Rep. Chris Castallo Colleen O'Neill Michael Pierce President Candidacy Statements Continued ... Richard, continuedfrompage 1 continuedfrompagel aid the SBA board in clarifyingand modifyingproposals and more, I willlook intoamending the SBA constitution to more in aconstructive debate on change. That ismy top priority. I actions. 5-Faculty Roast: Goals: team building, law student effectively deal withproblemsamong thedirectorsand execualso hope to fosterthealready strongsenseofcommunity at U.B. Lawthroughnewandimprovedsocialevents. Ihopeto increase solidarity,bridging a gapbetween IL, 2L,and3Lclasses. This tive officers. S.B.A. accessibility and accountability through better notice can be intheformofasubsidized,nicedinnerand dance evening 2. Students& SBA- Students deservetoknow how SBA about S.B.A agendas and Directors' attendance and voting combined with spoofskits ofthe faculty, their mannerisms, is working for them. I will make surethatthe agenda of each records. I hope to help studentorganizationsbyrunning amore teaching styles,pet peeves, etc. Faculty members invited. All SBA meeting is posted beforeeachmeeting sothat studentscan efficientS.B.A. office.Fiiially.lhopeto boostthe imageof the created, produced, written , directed and acted by the law see whatSBA isplanning and also post the results after SBA Law School by holding a' 'community service day" and by students. Withoutadoubtourprofessors have given us lotsof meetings. 3. SBA & students groups-1 will schedule monthly material. This may be the start ofa fine tradition. gettinga big name speaker or two to come to ourcampus. 6-Debate: Goal: highattendance and interest, sense of meetings withstudent organizations' leaders to address their Ifyouare fed up withstudent government, Ihopeyou'll give it another chance by voting Tuesday and Wednesday. community. Strive for good speakers and skilled debaters. concerns. Demandbetterfrom yourS.B.A. andfrom yourLaw School and Opento law students only. School closings-Thiswinter, wehadclasses whenthere 7-Reconsider SBA Constitution and amend By-Laws: wasa 50 below windchill.Mostareacolleges including ECC, you'll get it. Goals: efficiency, productivity,andclarity: Thisrefers to only Buffalo State, etc. wereclosed and yetthelaw schoolremained ...Marvasti, continuedfrom page 1 two parts. The SBA constitutionrequires the useof thebook open.For many students, the weatherconditions were unacevents remember that the people involved in the recent SBA Robert'srulesof order. That book directsthataquorum which ceptable for traveling to school. If elected, I will review the firstand devotethere timeand to their constitutes 2/3 ofthe SBA board to be present at each SBA school's closing criteriaand see what canbe done to ensuresafe energies they are students final meeting inorderto make decisionsand make themeeting count. conditions forstudents. exams. upcoming I am a pragmatist, and I assess and approach situations Our constitution also states that two unexcused absences, by Tuition increases-I willorganizebetterprotests against withreahsmandahealthydoseofbalance. I viewthe SBA goals any board member are grounds for automatic dismissal. The New York State's policy ofconstinuous tuition hikes. By as long and short term. In thelongrun, the SBA mustcontinue dilemmaemerges whena quorum is not present, and thus the registering more students tovote andhelping them find outhow to beastudentbody advocateand address issues suchas the non meeting thattook place isconsidered not to have happened at their representatives voted, we can make a more choice of exclusive use ofthelaw school facilities, the lack ofcommon all. Based on thelogic, ifthere was no meeting., there could be officials who will keep in mind the consequences ofconstant areas to law students, and theperpetual tardinessofthegrades, no absences. Asaresult, all thememberswho habitually miss tuitionhikes. Rating the classes- We'veall had classes where wefelt on an ongoingbasis, so as to constitute afoundation for long term meetings are not dismissed from the board,and the only ones changes. In the shortrun,l view theSßA'sroleasaconcentrated who getpenalized are thosewho are conscientious enough to thatwe didn't learn as much as we wouldhave liked. 1work to means to put the studentfee to good use for the students,and allot time to attend meetings. Should wecontinue to use this expand thealready establishedratings system forinstructorsso workondevelopingasenseofcommunity,belonging,andpride requirement? that students can better choose classes that will meet their among thestudentbody. To dothat I propose toaccomplish a Amend by-laws: It mightbe aworthwhile idea to amend learningneeds. few specific goals to make us feel alittle more cared for and the by-laws to include checks and balances at a much earlier Research and writing-Thereis room forimprovement strengthen our sense ofsolidarity andesprit de corps: stage in theprocess ofusing funds. For instance, a procedure in theresearch and writingclasses. I will work to improve the 1 -Coffee and bagels for the first two weeks in January where two signatures arerequired at all times in expenditure research and writing classes with thehelp ofvolunteeralumni when wereturatoschooland therestofthe university isclosed. offunds, mayprevent possible future problems. IfI amelected or students, so that the classes allow greater refinement of Goals: Tangibleuseofyourstudentfee,andtheconvenience president, I will appoint acommittee to considerthe Constitu- research and writing skills. and comfort will simply make you feel good. tionaland by-lawmatters urgently,publicize itsmeetingsand The foundation ofan effective student government is act ive parteicpationby the studentbody. Working together, we invite and encouragestudentparticipation. 2-BetterLaw School Book StoreHours: Goal: conveThe proposed issues help inmaking our tenure at the law can steer student government in the right direction. The first nience and comfort ofthe law students; this is particularly important at the beginning ofeach semester. Through negotia- school, a more pleasant experience. Ifyou feel comfortable step is participating in the electoral process. Vote for Mike tions with the decisionmakers SBA must try forexpanded and withmy ideas, please vote formeandgivemetheopportunity Rickard for SBAPresident. I'll workhard to serve thestudents to serve you, and help make the upcoming yeara happy and and to get herwecan improve ourschool and get the most outof moreconvenient book store hours. 3-ClockFor theLobby: Goal: comfortandconvenience; enriching law schoolexperience. ourlaw school experience. it will be useful, practicaland nice to have one! 4-Student Survey/Maximum Input: Goals: opportunity Next and Final Issue ofthe semester: April 19. for studentvoice andcommunity involvement, and opportunity for the SBA to serve the students better. This can be a tool to Submissions due Friday. April 15. April 11,1994 The Opinion 7 �** ATTENTION ** Last BAR/BRI Table of the Semester Will Be On WEDNESDAY APRIL 13th This is your last chance to: 1) Lock in your discounted tuition 2) Pick up your books BAR REVIEW Good Luck On Finals buf � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Opinion, 1994-04-11 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. Opinion Vol. 34 No. 14 Date Issued Date of formal issuance (e.g., publication) of the resource. 4/11/1994 Bibliographic Citation A bibliographic reference for the resource. Recommended practice is to include sufficient bibliographic detail to identify the resource as unambiguously as possible. 34 14 Publisher An entity responsible for making the resource available University of Buffalo State University of New York at Buffalo Law School Language A language of the resource eng Type The nature or genre of the resource Newspapers Text Is Part Of A related resource in which the described resource is physically or logically included. LIB-LAW003 Rights Information about rights held in and over the resource <a href="https://rightsstatements.org/page/CNE/1.0/">COPYRIGHT NOT EVALUATED</a>. The copyright and related rights status of this Item has not been evaluated. Please refer to the organization that has made the Item available for more information. You are free to use this Item in any way that is permitted by the copyright and related rights legislation that applies to your use. This digital collection is made available for research and educational purposes. Researchers are responsible for determining copyright status, and securing permissions for use and publication of any material. Copyright for items in this collection may be held by the creators, their heirs, or assigns. Researchers are required to obtain written permission from copyright holders and the University Archives prior to reproducing or publishing materials, including images and quotations. For inquiries about reproduction requests and permissions, please contact the <a href="http://library.buffalo.edu/archives/">University Archives</a>. If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/f4d4cfbba7e8575145ab98140a0b77bd.pdf ca3972b78fb20002d400563102c47611 PDF Text Text Staying upLate.EtitingPizza, ami Drinking Beer since 1949 THEONION Volume 34? No! April 4,1994 STATE UNIVERSITY OFNEWYORKAT BUFFALO SCHOOL OFFLAWS LaMwvCoSnficrmhed,oTl wo Locations named by Y.I.Burp, Contributor TheformerßidgeLea Campus Governor Mario Cuomo and SUNNY Chancellor D. Brace Johnstone today announcedthatthelaw school would be moved next week to a temporay location, with the move to apermanent site occuring around the middleofnext September. The officialproclamation from the Executive Offices in Albany were as follows: "SUNNY is proud to announce thatallßuffalo Law School functions will cease to take place on the Amherst Campus and will instead be taking place at the old Ridge Lea Campus beginningnextweek, April 11. Furthermore, the new permanent home ofBuffalo's Law School willbe at theold Bethune Hall onMain Street in Buffalo, and the move into thatbuilding will takeplace probably next September or October." Buffalo Law School faculty, staff, and administrators seemed stunned as the announcementwasmade.Later, as the shocking news gradually settledin, thereactions turned toward anger andviolence. Professor Engle,uponhearing thenews, reportedly went ona rampage throughout the law school screaming "ThoseBastards, those bastards!". Several students were equally outraged, 1 st yearAmy Wentwas heardyelling "$ 100to theperson whobringsme Mario's Balls!". Anger was not the only emotion Weather Today: 80 degrees and snowing. All personswith severe sinus conditions are dead right now. BethuneHall exhibited uponreceiving this news, 2nd year Bill Farley wasseencrying to himselfoutside thelibrary, and whenasked what was wrong, Bill cried, "It's taken me most ofthe past two years... to learn how to get this campus... I can't..l can't learn foranother...l justcan't." School officials were unmoved by student sentiment, "We believe the Bethune campus will finally provide this law school with whatitso desperately needs...easy access to potential criminal defendants. Presently the Move, continued on page 6... PapalVisit to the UB Amherst Campus LAW REVIEW SCANDAL A recent investigativereport done by this paper hasuncovered that the Buffalo Law Review has not published an issue in over 4 years. Editor John Craikhad no comment, but gavethe Onion this list of articles that are supposedly contained in this year's Review. -A Brief Overview oftheConstitution- Monica Piga - Please stop stuffingthings in my mailbox - AlexKorotkin - Justice Scalia, the under therobe - Joy Trotter man If you've seen or read a Buffalo Law Review, please contact the Onion On a recent visit to Buffalo, Pope John Paul II delivereda sermon in Founders Plaza. Apparently due to a mix-up, he mistakenlyperformed last rites for the law school. Baptiste Sues Himself, Denies Charges byl.P.Freeley, Contributor Sultan Baptiste sues self Earlier this week SBA President Saultan Baptiste filed a lawsuit against himselfin was presented to Saultan he stated "I don't remember doinganything wrong, this is probably justsomeplotdevisedby Marc and Paul." Saultan has now, uncharacteristically, changed his story. According to an official statement to be released later this week, Saultan claims that, although he did physicallycarry out theact, hewasn'thimself that day. In the interest of justice Saultan is suing himselfon behalfofhimself. Saultan's CountyCourt. AlthoughSaultan would give no officialstatement onthe issue he did state that ' 'Due to the circumstances I was left no other choice...the lawsuitwas a lastresort." Saultan Baptiste, who's administration has been defensecounsel, JoeL'Mr.MootCourt" Sunvitually free ofcontroversy since he took ofshine, statedthat Saultan would be usingthe fice, was recently accused of transferring famous "Stepford defense and that this is money fromtheSBABudget linetitledMoney just another attempt to malign my client's for Poor People withoutCable into the Law goodname, we' 11beatthis, and thenyou' 11see Library to cover Saultan's fines on overdue ussueing for defamation." books. Students atU.B.Law havebeen charWhen confronted, Sultan stated " I didn't acteristically quiet on the issue, perhaps do it, when shownphotos ofhimselfperpestunned and shocked at the recent developtrating the crime Saultan stated " I don't ments concerning Saultan and the alleged remember doing it",and whenan entry from misuse of funds, or probably because they Sultan'sfile fax whichhad written on it"Rejustdonotcare. Eitherway as students we can movemoney fromSßAbudgettopay for library only hope that this ugly situation will soon end. finesandif I getcaught blameMarc Panepinto" Men with big heads and friendsforever: Saultan Baptisteand counselJoelSunshine LOWLIGHTS Beer\Brie Ad Editorials and Onion Mailbox A Truly Interesting Story..... The Roaming Phycomycete The Socket 7 Eat My Shorts 8 4-5 ..next issue 5 7 5 �ALL 7 st and 2nd year students U m ZaTM P PJPJfIE2 ~l»i ml R v> P/ P^l H^^E*! PS SPJPJ Paj X* S*PJ p)i4fl Wfa plpjl ■ PH 1Pa*.Jtafl Bfll « ■■ Imp mP Kr *1 mp^^i^^pS^v'^pSsm Peeper People Pass!!!/ CHECK IT 0UT...1f you are taking the New York Bar Exam NO other course compares!!!!!!! ' GIVE US A CALL 1 -888-635-6569 If it's free beer and pizza you want, forget it! �FLOGG Keeoin? the Snirit ofProtest Alive By Mr. Byline. An Editor Many students have noticed the signs around campus, the radio advertisements, (lie telemarketing campaign, and the huge cardboard cut-out ofAngie Dickinson in the elevator lobby. Students are now asking''What is FLOGG?''. Wellnowyou can find out as the Onion staffconducts a fairly superficial and self-serving interview with FLO( i( i President Wayne Van Vleet. Onion: Whatdo thelettersofFLOGG stand for? Vleet: Female Lawyers Opposed to Gambling onGolf (): What does yourorganization do?, what doyou standfor? V: I'm glad you asked that. FLOGG is an organization dedicated to protest. We like to say we'II protest anything, anywhere, "We like to say we'llprotest anything, anywhere, and anytime as long as it's convenient" - Wayne Van Vleet and anytime as long as it's convenient. O: How didyour organization start? V: Well a bunch ofus got into a fight outside ofan unnamed Buffalo bar, and when the cops came to arrest us, wetold themit was a protest and they left us alone. O: What is yourorganization protesting now?and how many members doyou have? V: Well we currently have over 40 members and are still growing. Wade ''Knockout Newhouse, George "To Hell withthe Equal ProtectionClause" Kannar, andßeth''TheßadGirloftheUCC' Buckley serveas ourfaculty advisors. As to whatwe are protesting n0w..1 think that question mightbest be answered by switching back to a regular text format. O: That sounds goodto me. I was sick of writing in this cheesy interview format anyway. FLOGG has already held many significant protests at school this year. Inspired by the LGBLS protest against the military recruitment oncampus, FLOGG protested the other 3 firms which conducted on-campus interviews this year. FLOGG has also been active in the community protesting the treatment ofdeliproducts atWegmans, the hiring ofreally stup id people atKinkos, the attempts at witty repartee by all local newscasters, and FLOGG also picketed the home of Andre Vitale for no reason whatsoever. We asked FLOGG Recording Secretary Chuck Patton why he became involved in the organization, "Well, I really care about people and I like to put myself inpotentially Stop theInsanity! violentsituations. FLOGG allowsme to do both, or at least one". Kevin Raphael, FLOGG member, added Yeah". "FLOGG is definitely one student organization thatwill bearound fora while and I for one am glad said Dean Boyer whileunder duress. If you are interested in joining FLOGG place a piece ofpaper with your name, social security number and home address in Box 715. Ifyouareinterestedin participating in FLOGG's weekly protest against people who complain theyare going to flunk some class when they know damn well they are going to get an 'H'", meet outside Pam Goldstein's locker this PJci K. • Pa Wednesday. I Pi The Ongoing Pictoral History of John Henry Schlegel's Hair: Parts I, ll,and III: ' I I . _, The Geek Look T1 | "Wlr" :'""i ... _ : ■ . Thefreth Partridge Look wr__. I P^PJPPJSidPJPJPJPJ^P^^W^^^^J This Look died about the same time Contract Law did John! at^N^ I from all ofus here the Onion to to all the persons who cheated on Professor Nancy Stoudt's Tax Exam but who didn't get caught! MP^^^^^^^^ #- In the record business, it's not who's 1 playing the chords. It's who's pulling the strings. April 4,1994 The Onion 3 �. OnioMailbox SendThis Guy Some Ex- Lax! c Stop „ ~ This!, Reading r-,. Floundered in J 949 Editor-in-Chief: Managing Editor: Business Manager: News Editors: Features Editor: Laid-out Editors: Photography Editor: . . . April~ 4, iriri 1994 Beavis Butthead Leona Helmsley Geraldo Rivera & Richard Bey Leeza Gibbons Jessica Hahn and Shannon Dougherty R Mappelthorpe ArtDirector: Salvador Dali StaffWriters: David Lynch, John Waters,and the McKenzie Brothers (Contributors: Rupaul, Yod Crewsy, andthat little guywith a booger stuck to hisnose Legal (Consultant: Vinnie (hey! he's my cousin!) Alcohol ConsumptionConsultants: Ed McMahon and the Hibernian Law Society EDITORIAL This Space for Rent! (Just contact an Editorial member of this newspaper who needs the cash!) Copyright 1993.Oops. I mean 1994. The Onion. {Burp} Anyreproduction ofmaterialsherein without the express consent oftheEditors, is really a very dumbidea. The Onionis published every April fool'sday using some rawpotatosandketchup. It is thestudentnewspaper ofthe State Sludge Pit, commonly knownas theBuffaloSchool ofFlaws. The views expressed in this paperare perhaps those ofthe Editors or StaffofThe Onion, but then again,perhaps not. Maybe wejust don'tfeel like tellingyou! YouStupid Jerk! (..Sorry). The Onion isanon-profit organization, although it would be great makingmoney offother people's misfortunes like theNational Enquirer. Editorial policy ofTheOnion is determinedby the flip ofa coin or by some othergame ofchance. The Onionisfunded by as manycoercive meansas possible. Additional fundingcomes from FLOGG, thesociety ofFemale Lawyers Opposed to (iambling on Golf. TheOnion welcomeslettersto the editor but we usuallythrow them out. Letters longer than three typed doublespaced pagesareconsidered literary harrassmentand are forwarded immediately to the local Boy Scout'spaper drive. Please do not put anythingyou wish printed under our office door.No explosives either(thanks).Submissions can be sent viaCampusMail or carrierpigeon (both equallyreliableand last!) to The Onion. SUNNY in Buffalo (is it?), AmherstCampus, 724 JohnLord O'Brian Hall,Buffalo, New York 14260 (716) 645-2147. Those submissions taped toacaseofcold beer will get first priority. Deadlinesfor thesemesterwas last friday. You're too late!You'realoser! The ideas expressedin the "Letters to theEditor" and on the commentary pageare perhaps endorsed by theEditorial Board ofThe Onion, but who cares? 4 The Onion April 4,1994 Did you ever get on the elevator and realize that, for whatever reason, you really course, I had to fart? Normally, of asked anyone to do so. Breaking and entering! The smellofLysol would hang heavy in the air when I entered the room on those occasions. Public Safety was ofcourse notified, but they laughed in my face and told me this was normal for UB law school offices. It's my belief the Custodial Staff dliberately tried to cover their tracks with this harmful chemi- wouldtry toholdit.Butwhat ifyoucouldn't? And what if you farted in an elevator that you were taking alone, and suddenly itstopped,and lots ofpeoplegoton? Whatifall those people took violent action against youbecause actively spied on me, stolethe scholarly journals I was about to publish, and followed me to law student parties and ofyourfarts? Woiddacourt of law have to first determine how vile your farts werebefore they consdered granting clemency or immunity to all dioseviolentpeople? Howwould the court go about determining just how foul smelling diefart was? Would thejury have to smellother people's farts justto get a basis for doobie).Andlbetyouthoughtlwassirnply paranoid. Call me misunderstood, comparison. ■ reported my activities to the Dean (here, gimme another hit offthat Jeffßlum JustAsking. Howard Stern Get a life! Oh No! Not Him Again! To the Editor: Well, I bet you think you've seen the last ofme. (Hey, buddy, could you passthat joint?) Well guessagain! lam contemplating commencing a lawsuit that will include members ofdieUB Law School Custodial Staff(woosh) and UB Public Safety. I will be naming them as accomplices in the school-wide conspiracy to deny my temue (cough). Several times while I was a professor atUB Law, I would find my officemysteriously cleaned, even tiiough Ihad never Dear Editor-in-Chief: I am writing to complain about the lack of space devoted in your paper to me. I, John Munro,am an important part ofthisLaw school community, and as a studentat thislaw school with a name like John Munro, I, John Munro deserve to berepresented in your paper. For instance, I, JohnMunro, wentrecendy shopping at Tops Supermarketyesterday. I,JohnMunro, purchased somenotable food items, including a pear. This could have been a great story for yourpaper. Significantly Me, JohnMuro Eds: John,Shut up andleave us alone! "^—^^^^——^———^^^^—— y4nd now, a new feature ofthe Onion: Ask Mr. DearMr.HpH: I'm a first-year female law student. Every Monday aftermy Constitutional Law class, this creepy third-year guy I am thethirdyear comes up to me and starts talking to me. At first I tried tobe polite. I've told him many times that I'm simply not interested in whathehas to say. But he stillwon't leave me alone. What should I do? cerned Dear Concerned: Ask himpolitely to go outside, and then if you point him out to me, I'll beat the shit out ofhim! I'll kickhis ass back to whatever creepy little two-bit town he crawled out of. Then I'll cut his ears off, and break hisarms off! And then to finish the job, I'll toss the armless little jerkinto a sewerand see how wellhesWims! HpH student here at UB Law. I have always lovedanimals, and currendy I have several dogsand cats. The problem I have is this: My Cocker Spaniel keeps on defecating inaparticularcornerof my living room. When I invite gusts over, I feel so embarassed about theodor. Sometimes thestench gets so strong thatitmakes you want to puke. But I love this dog and do not feel like getting rid ofit. I realize this isutmuch ofan etiquette question, but I thought Youcould help me anyways. -Sickofthe Stink DearSitk: IfI were you, I wouldn 'tput up with that dog's shit! I'd throwthat mutt out the window, and thenI'dkick him arount a bit, justto teach the beast who's theboss! Do you have a beet? A Complaint? We don't Carel We're tired ofyour shit! But if you enjoy Russ Meyer movies and working with people that are naked most ofthe time, Join the Onion! Grab your private parts and cough! Stubyourtoe! Free Dental! Get $5000! and/or a date With Sc h lege I! Special Incentives Exist for those who can write! �JustBetween Us FeaturesWriter By Loreena Bobbitt Editors' note: Loreena has again run offto Hollywood to tape another talk show. Next week, she is scheduled to be in New York City for the Donahue Show. Therefore, there will unfortunatelybe no commentaryfrom her. Instead, we have decided to show you a recent safe-sex lie-down demostration held by CLOStrikesAgain! A month or so ago, severalmembers of the underground political group the Candy Liberation Organization, or the CLO, once > againraided the candy machines in front / / ofthe Law Library. Screaming loudly at the top oftheir voices "Let our Snickers Go!", the groupsmashed through dievending machine's glass windowbefore gorgingthemselves on chocolate and potato chips. The group's leader, Sarah "Skittles" Swartzmeyer, was overheard saying "As longas there is one York Peppermint Patty behind bars, we shallneverrest!" J Caucasian Law Students ■ JAssociation to invite David DukeJ i to Speak NextWeek! (Just Kidding Folksl) Artist's conception ofthe raid by CLO memberslastFebruary ■^■■■■■■■—«■■■■ The Roaming Phlogiston — ■■ i —-J byR. Mappelthorpe, Photo Editor This week's question:What's that scar on your neck? J Monica Riga, 3L: What scar?...Do I have a scar?..(giggle)...l didn't even know I had a scar...(giggle)" Emily Leach, IL: Professor Joyce: Alexandraßivas, IL: "Back in the 60s, I used to "Dave Nemeroff threw a "It's a paper cut...l just get have an earring soda can at me, that's how crazy when I studyTorts." there....Del Cotto's got I got this scar." one too. Beer Brie, Peeper and Mariano Bar Review CoursesTake Gloves Off Let's Go to Camp! Both Marc Panepinto and Sultan byßuss T. Bailiff, Contributor Earlier diis week the quite serenity oftheelevator lobby area was shatteredwhen representatives from 3 differentBar Review Courses brawled. Apparently reps from the Peeper and MarianoBar Review Courses were tired of BarVßrie always taking the choice corner spoton thefirst floorand started throwing punches. "I was justsitting diere when Bruce Reinoso and KathyKorbuly hopped over the table and startedbeating on me", cried a shaken Sarah Swartzmeyer. Both Bruce and Kathy deny starting the fight, "Sarah and Robin Ross started it....they were taunting me..andmenJolin Munro showed up and itwas justtoo much...wehad to defend ourselves." saidMariano rep Kathy Korbuly. Baptiste have stated that they were shocked thatsuch sophomoric behavior can take place at this law school. The SBA is scheduled to meet sometime this week to discuss whether any of the Bar Review Courses should be allowed to keep theirtables. If the Bar Review courses are kicked offcampus that willleave The Balet Bar Review Course as the only course available to Buffalo students. FLOGG is scheduling a protest. . PLASTIC ID y » IMPRESSIVE * FULL-COLOR ONE-PIECE CARD "Glu.d-ori" Photo! Ikj* * (No � rESI POSITIVE ID GETS RESULTS! V ". A*" <i— „&! Name, Address, Sex, Height. Weight, -Jli-f r Color i2OH MORE 1 Hair, Eyes, S/rthdarV *£5 „.„ ""j?. SfJwJf ploro (boofrWype ONLY Q | tacACH 1 OKI I 3 Corner payment. (tfs2 eden MESS 11623Statt "C" \3*7 SonS4tf>K Fountain V>)p»v, CA 92708 «• # LCQAL J0 p^e^ HOUR SERVICE »* 24 100% GUARANTEED From left: BestFriends MarcPanepinto, Paul Beyer, andSaultan Baptisterecruiting students to the SBA-sponsoredretreat in thePoconos, wherethis year's theme will be: "Opening Up and Sharing, Bonding, Loving Each Other, and Other Touchy-FeelyStuff." April 4,1994 The Onion 5 �Photographer's ScrapA book A Pop Quiz: Match the Law Professor with the most recently written book Articles, Continuedfrom page 7..... ' 'How to Accessorize —a hatand a walkman isallyou need "byLynch and Hueston 1 Tmnotreally fromRussia, Ijusttalk funny" by Korotkinand Hueston ''I hate obnoxious and overbearing people by Sylvestorand Hueston '' How aerobics saved my life by Ross and Hueston ' 'Would someone explain tome whyI don'thave ajob'' by Kimmerling and Hueston ' 'Why I tbjnk Jerry Brown should be President by Woodsand Hueston "Living with a stupidnickname by Duarte, Balet, and Hueston Kow J± <ffl|k BooKs by V> Louis S\A/arrz, Elizabe+K Buckley,Chores tarr,, / ( // -_ Charles Ewi^.JH- Schlegel, Roberlßeis, , **? \o^pZ*+o9> ?^# 6 ■■:. y.' „ /g % Isabel Harcus, Robert Berber, Lucinda Finley, y canity a.* a-utobiojrafKj Marcus Dubber, 3anef Liniqreft. &^l\ V>A V,--'"' @> ■, & \ 5' The Onion April 4, 1994 .. arrogance . IfT, H "W TO BUILD MAINTAIN IT, AMD USE IT TO Your ADVAMTA&e author et * 5yKISSbtrtstUme lltj frr.t (A; "18 years on the professional bowling tour and nota scratch onme" by Mahar, Roothand Hueston ' 'My lifeas a woman by Mercer The Move, continuedfrom page 1... Buffalo Police Department estimates that over 23 crimes a week occur directly outside the Bethune Building, withtheinfluxofeasy marks, law students, thatnumber can easily rise above the 50 crimelevel.'' said the excited Dean Boyer. School officials are also quick to point out the benefits ofbeing located so close to Bennett High School. "I'mreally excited", states Isabelle Marcus, "Theathletic fields are so closel'm thinking oftaking my classes outside. After all sports analogies are great toolsforteaching the law.'' When ProfMarcus was informed that BuffaloLaw Rev iew Editor JohnCraikand members ofFLOGG were leading theprotest against the move she responded' 'Well I really respect the members ofFLOGG and I like John, but whenever he' s involved in something its like openingPandora' s box." Many students were upset over the timing ofthemoves due to the fact they will take place whileschool is in sessionand maybe disruptive. Dean Carrel doesn'tbelieve this is will happen,''Any statements that the moves will be disruptive are complete bullshit, the school will be 100% functional at the temporary Ridge Lea Campus except wewon't have computers, the library, or Men'sbathrooms. As usual the only pro lessor battling to have theadministrationaddress the concerns of students is Professor Finley. Finley has threatened that if the law school moves she will physically chain herself to Mark Panepento 's locker,' 'I feel very strongly for the snidents at Buffalo", saysFinley. "after all I'm here to serve them, its theirtuitionwhich pays my salary". As f now theissue is unresolved, but ifyou are a 1 st year, 2ndyear or HelenPiuidurs, prepare to pack your bags. < �New Scholarly Arcicles in Law journals: In the Time-Honored Tradition ofothercheezy tabloids, theOnion presents: I Every year the regular 1 ,aw School Newspaper the inion, receives severalarticles and storieswhich for one son or another it does not publish. We recently discovered that these unpublished articles are kept on file at the Opinionoffice. Duringoneofourmany free afternoons we read several of these submissions and foundthat they were not onlyentertaining but extremely informativeon several important issues (Which leaves us to ponder the competence ofthe Opinion's editorial board for not publishing thesestories). Wellnowyoutoocanreadthesegreat stories thanks toagenerousdonation from theMarvLevy Freedom ofthe Press Foundation. Thearticles will be available in the lawschool library,Lexis, Westlaw,and all upstate New York UniMart Stores. Below is a list ofsome Titlesand theirauthors. Separated at Birth? The chick in the 3LHclenPundurs lLJohnLiefert "Joe Camel" "Kool" cigarettead - ' 'The Air is Fine Down Here Living in a Tall World" - by Bowden, Mariano, Stemand Hueston ' 'CorporationsI Admire - Belluck and Hueston "How to Belittlethe Concerns ofLawStudents and - Still Keep YourJob as Their Pro lessor Finley, Hueston - "Our Favorite Haiku's" The Federalist Society and Hueston "WhylLiketheGrungeLook"-HahnandHueston 1L diariesF. Carbone Last year's Law Review Editor-in-Chief Dan Tim Burton, Director of "N ighmare before Christmas" - ' 'Reach Out andTouchSomeone Your Phoneand You - Baptiste and Hueston Dean Barry Boy er Spitzer - ' 'AttendanceisaMust ('ullen and Hueston - How to PassLaw School" "Its Time to Close Our Borders" „„»„ - Vasquez and "How to Practice Corporate Law" Pundurs, Ol- ives,and Hueston "Partying isn't Everything - Law School is for Learning theLaw - Grover, Fensterstock andHueston ProfessorJanetLindgren 1LBen Dwyer JohnF.Kennedy 1L Barbara S. Greathead - "SpittingasaMeansofSelf-Expression" FilvarofT NewArticles... continued onpage 6 and Hueston sadfdsf The Socket What:Thelaw firm ofBaptiste & Blum isholding areception forall fourth year, fifth year, and sixthyearlaw students Where: Broadway Joe's Bar on Main Street in Buffalo. When: Yesterday. You missed itagain! You are such a loser! The Lowdown: The law firm specializes in frivolous lawsuits against state univer- sity facultyand student groups. BYOB. What: Circles Speakers Series: This week's topic: "Things Women JustCan't Do As WellAsMen" presentedby Syndicated Columnist Phyllis Schlafly. Where:Senator Packwood Library on the Canisius College Campus. When: Immediately following theTV soapopera "GuidingLight" nextTuesday. The Lowdown: Topics to be covered include: Opening Jars, Public Urination, War, GoingGray, and Running State University Law Schools. Yes! You Can WIN THE LOTTERY Substantially increase yourchances winning the lottery using scientific methods used by hundreds of top pro- of fessionalsand casinos today. Don't rely on luck, zodiac or tarot cards. This easy to followsystem uses modem scientific methods to dramatically increase your chances of selecting -the winning numbers. ORDER TODAY, and you will receive all three methods for Pick-3. Pick-4 and Pick-6. (an $18.00 Value) FOR ONLY $10.00 Plus $1.00 shipping and handling. Send To. STEVE BALBT c /o rte OniOf\ CASH, CHECK. MONEY ORDER, SORRY NO C.O.D.'s. 30 DayMoney Back Guarantee. Repossessed & IRS Foreclosed Homes INCREDIBLE savings, available for pennies on the $1. Government financing available. Buy for your family, retirement security or profitable resale. Call toll free forimmediate assistance Receive current property listings. fl Cars for $200? f/l CARS, TRUCKS, Boats, Computers. Office Equipment and Antiques just start the list of what is available to you at unbelievable prices. From D.E.A., SBA, I.R.S & U.S. Customs. Merchandise is overflowing in storages and must be sold! I outto the graduating class of'94 for letters of YOU MUST BE ABSOLUTELY DELIGHTED OH 1 Jar (2-oz) $19.95 •*"* • Dept.l6W7B FREE! 1 IDEAS WANTED &J1.21 " ' mDepmssion & Nervous Breakdowns 1-800-988-0183 Ekt. 272 Marital Problems, Death and' . I Live Horoscope Readings 1 900-8962886 I -■ y^&kSfj 1-900-988-OTB3Ext272sloopermrn,i \ call 3 mins. Averagecost percall $6JM. Maximum costHo.oo Touch tone phone no, fJmlflrJjjieLDaientlsjprmi'w'''" NEW AGE PSYCHICS • Also BIRTH CERTIFICATES Baptismal, Marriage, Divorce, Award Certificates and Wills. High School, College Diplomas & Gain Astonishing Insight! with Univ. Degrees. revealed & QUALITY BLANK FORMS Spiritual/Astrologer Your present future psychic & personal your own private on heavy parchment complete .reading. A caring, gifted psychic is_ with gold seals hours. you 24 herefor M MRS JM RITA ' - jKpP PRO PT SH PMEN T us. funds I 30-D»y Monay Back Guarantee c Hoiianira 1994 fpStress m* may be in Igll your future. $^h £V/1W SCHOOL ~-^^~" V'-Wl <$ Dept. TWO 3 Box 25750 .Santa Ana. CA 92799 -t- - ' Send Us Your Name & Address for FREE "Detective" Career Kit YOUR HONEY REFUNDED. 2.05 shpg. aHndig. Total $22.00 SAy?*6-951 . „, , „ , 2 Jars (�«> *32.95 + 3.0S s*«.» Hnoig. Total $36.00 ' /Mone»Njß Bodv9"ar°'"est,g»,ion The inventor ofthe paper clip earned $500,000! |X MO* BUST •So^ Mysteries! -Bring & Criminals to Justice Stop Crime Protect the Innocent «Huge Demand for Trained Private Detectives! interest and resumes for the position ofAssociate. The firm specializes in 1 Oth AmendmentConstitutionalIssues. Because the firm is seeking lowlifes of all types, Law Review members and MootCortWinners are advised not to apply. Starting salary is a finn $ 79,000. Contact person codename: Butter. | 1 ,"_ r. ,™„ Box 1329, Bensalem,PA 19020-1329 Call 1(800)4364363 Ext.C-1015 -~,.,..,—.1,-1.■ \| SIMPLY APPLY our extra rich cream formula at bedtime and allow it to work overnight while you sleep. Melts on contact with your skin. Essentia! oils and 20,000 units of estrogen hormones works hard all night for a more alluring, silky smooth and sexy bustline. ORDER TODAY and in just a few days you should begin to see amazing results. A Quality Product from Our CosmeticsDivision Since 1978 J Authority! <4^^^-T^ L £5Es Atactics Tra/„ Fas, ciates ofWhitePlains, NY, is putting the call When: April9th 4:00p.m. Where: Slee Hall Low Down: Conklin will speak abouthis book "BeingAnal inaSloppy World". Afterthe speaker members ofFLOGG will hunt down Andre Vitaleand mess up his hair. af BHBKwn TheLaw Firm ofRadjavitch and Asso- What: FLOGG presents Mare Conklin fl jjlI Call 1(800) 4364362 Ext.rt-1009 111 -—!■■■■— • NO MASSAGE • NO EXERCISE • SAFE • TESTED J7 April 4,1994 The Onion — . 7 �Beer/Brie Includes Everything * Other Bar Review Courses simply prepare you for the bar and stop there --not Beer/ Brie. We not only prepare you for the bar...We'lltakeitforyou. That's Right! Now Beer/Brie, the Bar review course that brought you the Day Before the Bar Cocktail Party, will surgically implant your thumbprint onto one of our certified test takers who will take the Bar for you. Hey! You just spent 3 years in a qualified law school, so of course you know the law. Take a break and let Beer/ Brie do the work. Other Bar review courses require you to spend your summer studying and still make you pay up to $1400. At Beer/Brie we feel that for $1400 you should be able to sit back, have a slice, drink some beer and cut the Brie. BAR REVIEW Join Beer/Brie The only Bar Review Course that will guarantee you pass! � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Onion, 1994-04-04 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. Onion Vol. 34 No. Date Issued Date of formal issuance (e.g., publication) of the resource. 4/4/1994 Bibliographic Citation A bibliographic reference for the resource. Recommended practice is to include sufficient bibliographic detail to identify the resource as unambiguously as possible. 34 Publisher An entity responsible for making the resource available University of Buffalo State University of New York at Buffalo Law School Language A language of the resource eng Type The nature or genre of the resource Newspapers Text Is Part Of A related resource in which the described resource is physically or logically included. LIB-LAW003 Rights Information about rights held in and over the resource <a href="https://rightsstatements.org/page/CNE/1.0/">COPYRIGHT NOT EVALUATED</a>. The copyright and related rights status of this Item has not been evaluated. Please refer to the organization that has made the Item available for more information. You are free to use this Item in any way that is permitted by the copyright and related rights legislation that applies to your use. This digital collection is made available for research and educational purposes. Researchers are responsible for determining copyright status, and securing permissions for use and publication of any material. Copyright for items in this collection may be held by the creators, their heirs, or assigns. Researchers are required to obtain written permission from copyright holders and the University Archives prior to reproducing or publishing materials, including images and quotations. For inquiries about reproduction requests and permissions, please contact the <a href="http://library.buffalo.edu/archives/">University Archives</a>. If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/3c99a76bbac083c8f4eeb6db512841d2.pdf 1981f9a81904128295d8ac68488edd30 PDF Text Text Rriiighig the issues to thestinlriih simvlWJ THEOPINION Volume 34, No. 13 STATE UNIVERSITY OF NEWYORKAT BUFFALO SCHOOLOF LAW March 22,1994 Buying Some Time BaptisteWins Annulment OfRecall Election In NewYork State Supreme Court byEvanßaranoffl. LayoutEditor A State Supreme court judge Friday decided to set aside the recall election that Student Bar Association President Saultan Baptiste was supposed to face yesterday and today, holding thatthe SBA Board ofDirectors violated the SBA Constitution in their handling ofthe recall election. ' 'I find that theofficersand directors of the SBAacted in excessoftheirauthority...," said State Supreme Court Justice Thomas P. Flaherty in regard to the recall election. Judge Flaherty, however, annulled the recallelection "withoutprejudice," meaning that students may restart therecall process, if they wish, as long as they do so in accordance withthe SBA Constitution. [See page 15.] JudgeFlaherty heard arguments from Baptiste's attorney, Gregory L. Brown, and respondents' attorney, Pamela Neubeck of Group Legal Services, at 9:30 a.m. Friday, March 18,at theBuffalo City Court building, part27,concerning Baptiste'scomplaint, which was filed March 14. Baptiste sought relief underArticle 78 ofthe New York Civil Prac- SBA President Saultan Baptiste ticeLaw and Rules,which provides afast incourt procedure to challenge theactions ofan administrative agency ora quasi-governmental body. The Article 78 proceeding prohibits such agencies from making "arbitrary and Dean Says Move Downtown Unlikely byJosephBroadbent, capricious decisions. In his 17-page complaint against the SBA,Baptiste asked the courtto (1)rescind and annul the final report ofthe SBAInvestigative Committee, (2) vacate and annul the SBA BoardofDirector's decisionto strip himofhis fiduciary powers, (3) vacate and annul the SBA Board's decision to conduct a recall election againsthim,and (4) enjointhe SBA Board from undertaking any further punitive actions or sanctions againsthim. Baptiste alleged that the actions ofthe SBA Board were' 'arbitrary and capricious and denied him ofhis' 'right to basic fairness and due process." He said the SBA Board violated the SBA Constitution bywrongly interpreting the ' 'general election clause, arbitrarily deciding that75 more signatures were needed to forcearecall, and byallowing extensions ofthe deadlinefor obtaining theseadded signatures. Board members specifically named in the complaint included Vice President Paul Beyer, Treasurer Marc Panepinto, 1L Class DirectorandAdHoclnvestigativeCommittee Chair Ben Dwyer,2LClass Directorand Investigative CommitteememberDavidNemeroff, and 1L Class Director and Independent OfficiatoroftheSßAßecallElectionSueEtu. All those named in the complaint, except Panepinto (who was never served with the complaintbecause he was out oftown) were present at the hearing. ''The students should read their constitution." —JudgeFlaherty Outside ofannulling therecall election, the judge took no other action against the respondents. The judge said the creationand actionsofthe ad hoc Investigative Committee was valid under the SB A Constitution. The judge also did not invalidate the Board's decision to remove Baptiste's fiduciary powers, saying itwasbeyondthe court's authority to address thisissue. Inresponseto Baptiste's fourthrequest asking thecourttoprevent theSBA Board from ...No Recall, continued onpage 13 Human Rights Week '94 StaffWriter would belikely to happen for at least 15 years. While there are some disadvantages to How likely isitthatthelawschoolwill remaining inO'Brian Hall, suchas its deteriouprootandmove downtown? Notvery.accordcondition rating to Law School DeanThomas and the extensive traffic ing Associate through the building, the advantages to the Headrick. move, such as being able to view actual trials Thepersistent suggestionto moye downtown, which was started by somelaw school have been overstated (most lawyers will not alumni, has grown into a nagging rumor but spend much of their career in a courtroom isn'tlikelytobecomeareahty,Headricksaid. anyways). A new on-campusbuilding tohouse the Proponents ofthemove claim that moving downtown would be beneficial to law law school isstill possible,butnot likely since students by making thelaw school closertothe the next fourbuildingstobebuilton campus are already spokenfor. courts and Buffalo' s legal community. HowA downtown satellite location for the ever, Headrick states that the move doesn't law school could be established in the near makesenseforanumberofreasons. Mostofthenation' s toplaw schools are future, especially ifaproposednew courtcencurrently located on-campusandmoving the terisbuilt, Thiswouldprovidethebestofboth worlds by allowing students who wantto be law schooldowntown would sever its connecUB students wrote letters in support ofthe UnitedNations Convention on therights of tiontotherestofUß. Law students wouldn't closer to thelegal community to bedowntown the childduring the GraduateGroup on Human Rights 'annual Human Rights Week. be able to use the rest of the university's withoutsevering the otherlaw studentsfrom Seepages 3 and 10forother events thatoccurred during this jam-packed week. services, suchasundergraduate libraries and the rest ofthe university. financial aid,and the moye wouldmake taking There are still changes in store for the law school in the near future, though. The courses in otherdepartmentsextremely inconadministration circulated a memo last week venient ifnot impossible. An InterviewWith Bruce Isselbaecher,Student Rep requesting up to the Opinion office and answer some proposedchangesand improvements byPaulH. Roalsvig, Editor-in-Chief Headrick stated that people involved When the students ofthis law school go questions. with the university realize thatthe law school for thelaw school. Primarily, thisconcerns thelaw school's to vote for their SBA Executive Committee isanimportantpartofUßwhichshouldnotbe representatives in April, theywill also find a Q: Bruce, whatis the University Council? isolated. Hepredictedthatnomovedowntown ...Move, continued onpage9 ballotforanon-SBAposition. This positionis that ofStudent Representative ofthe UniverA: The University Council is a board consistUp sityCouncil. Manyofusarenotfamiliarwith ingoftenmembers, six ofwhich areappointed byEvan Baranoff,,LayoutEditor posed forSBA Treasurer, the University Council, or what it does. I in- bytheGovernorofNewyorkState.Thereisone TenCandidatesare vying for four StuRunning for Secretary/Parliamentarvitedthe present student representative on the Student Representative elected to this board. dentBarAssociation Executive Board posi- ianareRedaAustin(1L), Emilia Chemyavsky University Council, Bruce Isselbaecher, tocome pcCaoognutienld, 11 tions inthe SBAGeneralElection scheduled (1L)and AdamEasterday (1L). formid-April. A "CandidatesForum," wherecandiVotingbooths willbe openfrom 9a.m. dates will state their platforms and answer to 4p.m., Tuesday and Wednesday, April 12 questions from students, willheheld WednesABA Site Evaluation Team Comes To UB 3 and 13, outside the law library. day,April 6. Thecandidates forSBA Presidentare Petitions were due Friday for candiEditorials and Opinion Mailbox 4-7,12 BenDwyer(lL),RoxanneMarvasti(2L),and dates to have theirnames put on the ballot. 8 Roaming Photographer. Mikeßickard(lL). However, Students will have the option of Alumni Focus: Class of72 Running for VicePresidentare Craig voting fora "write-in candidate. 9 Brown (1L), John Leifert (1L) and Leslie A mandatory meeting for all candiNew Recall Imminent 15 Machado(lL). dates is scheduled for today to explain the Docket 15 Elizabeth Jewett( 1L)isrunning unopelectionrules and guidelines. What Is the University Council? Candidates Gear For SBA Elections HIGHLIGHTS �\ TTT \J / I've y ° Bar NY m^ T l atorney 1 said met /Even, ever / the pas \ I out left be / >.\ tWhat alkingabout! ° eCome vrybod's See and f/ J J Don't conversati! the of -St/ *^ \ Tsend recive loextbkoinksg 150 $ my ! ! ! PtalkingIaEboRu!t why Find those D,gCSI! ik Crt *mi ' A in A P C I U belter deposit great to Und /l/ 1CAL -806359 evryone _ out s 1 / V pasedM hdaovnee Pcourse ItEoRk cou,dnt /Of I ! I *d V %. £/<J b ,1 f r < W "\ great! T Pto ? rC ared haVC pas ed X" You L^'m' s That 1 / f Contact: Pamela Volenti, Karen Judd, Chris Keller, Marjory Avant, Greg Hill, and Hector Figueroa Pas ! People Pieper �Former Attica Inmate Speaks On 25th Anniversary Of Uprising by Paul Beyer, Staff Writer To many, Atticais justa footnote in the history books. That Prison riot somewhere upstate. A closing chapter to the turbulent story ofthel96o's. To others, Attica was a community, a home, a civil rights protest. According to HerbertX. Blyden,a former Attica inmatewho participated in the uprising,'' Attica wasn't a riot, it waspeople whosaid enough is enough and theyrebelled." Blyden spoke at O'Brian Hall onTuesday,March 8, aspart o fHuman Rights weekto mark the 2sthanniversary o fthe Atticaprotest. A segment ofthe award-winning PBS series ' 'Eyes on thePrize wasshownbeforeßlyden's talk. The eventwas sponsoredby the National Lawyers Guild, TheBlackLaw Students Associationand the Graduate Group on Human Rights. "Eyes on the Prize" documented the took hostages for protection and elected their own internal administration. The inmates' demandsforreform includedmore educational programs, better health care and food, more hispanicandblackguardsandno censorship on lettersand magazines. Thirteen outside observers wereallowed into D-Yard to observe the negotiations and treatment ofhostages. One of the observers wasNew YorkState Assemblyman ArthurO. Eve(D/L-Buffalo). ' 'It was almost a community within a community," said Eve in a PBS interview. "Was America willing to maintain order no matter whatthe price?" — HerbertX. Ely den day-to-day events andprisonconditions leading tothe uprisingand idtimately the massacre ofinmates and hostages ordered by former '' They said this was theirhomeand they were going to make it as liveable as possible.'' Governor Nelson Rockefeller. Negotiations with Commissioner Following minor uprisings at Auburn Prison and several New York City jails, the Oswald soured when GovernorRockefeller "Attica Brothers," as the protesters were dismissed the possibility of amnesty for the known, presented demands to improve prison inmates following thedeathofone ofthe prison conditions to RussellOswald, Commissioner guards. On September 13,1971, commonly ofCorrections forNew York State at the time. known as "BloodyMonday,"National GuardsOne month later, George Jackson, aprisonerat men, State Police and Corrections officials stormed theprison, killing 43 men, including 9 San QuentinPrison, was murdered, thus leading to a hunger protest atAttica. Thiswas the hostages. final spark thatignited thefull-blown uprising Despite reports thatthehostages' throats were slitby inmates, it wassoon found that all which was to follow. On September 9,1971,1500 prisoners ofthe hostages were killed by police gunfire. took over D-Yardand D-Block. The inmates The prisoners were found tobe unarmed. "Was America willing to maintainorder no matter what the price," said Attica Brother Blyden in his talk. Blyden documented the chilling events following the massacre. Hesaidthatprisoners were told to strip and crawl through themud to the feet of waiting guards, after which they were forced to run throughagauntletofviolent guards to get back to theircells. Looking at current conditions in Attica, Blyden lamented that most of the changes made since the uprising have been largely cosmetic. He also lashed out at Governor Cuomo forhis policy ofbuilding more and more prisons. ' 'We have got to look at alternatives to moreprisons," Blydenexclaimed. "It'sasif Cuomo thinks that 60,000 more cells will solve the problem." "Atticaisjust a little warehousewhere they'reputting more andmorepeople," Blyden continued. ' 'And it's right here among us in Western New York." Blyden is currently employed as apara- legal. Hehighlighted the success nil careers of some ofthe Attica Brothers, but pointed out that society never really gets by the stigma attached to an ex-convict. The late Muhammad Kenyatta had the following to sayaboutthe legacy ofAttica: "If we are to be success ful in honoring those things for which the brothers in Attica fought... we must make the broader connections... come together as sisters and brothers to say that we will, at the risk ofall we have to risk, make a new society thatremembers, even celebrates as it sheds tears about Attica,and transcends... all ofthe Atticas..." Speaker Says Death Row Client Is Innocent byLeslie P. Machado, StaffWriter Impassioned, focusedand intense,University ofBuffalo School of Law alumnus Michael Jackson addressed a small audience on March 10about his workconcerning Robert Drew, aTexas inmatewhois currentlyon death row awaiting execution. Jackson was thefinalspeaker ofHuman Rights week and spoke informally on ' "The Death Penalty in Texas: The Case ofRobert Drew forapproximately one hourinO'Brian 545. Thetalkwasco-sponsoredby theGraduate Group on Justiceand Democracy and the GraduateGroup on Human Rights. Jackson, who graduatedfromBuffalo in 1989, saidhe firstbecameacquainted withthe Drew case when he clerked for William Kunstierduring the summersof 1987and 1988. He continued to work withthem [Kunstler's office] on different things and was asked in August 1993 to assist withthe Drew case. Drew wasaccused ofmurdering Jeffrey Mays whilehitchhiking to Oklahoma in February, 1983. Drew and another man, Ernest Puralewski, were picked up by Maysand another man, Bee Landrum. After the killing, Texas whichpointed to thefactthecorroborating testimony ofBeeLandrum stillstood. A few years later, BeeLandrumrecanted his statement, saying he didn't see Drew doit. In addition, hetold counsel about atape recorded statementthepolice tookprior to trialthat wasnotturned over to the defense. In this tape recorded statement, he said unequivocally thathedidnotseethemurder. He Jackson said, "Ithasbeen 11 years since he (Drew) was convicted and still no courtoflaw, no adjudicatory body has given serious consideration to Drew' sclaims ofac- tual innocence which manifested after his conviction.'' ' 'That should scare anybody whois concerned about civil liberties and about the proprietary ofthe death penalty and the quesalso told counsel that he had taken several tionaboutwhether or not it can everbepractipolygraph testswhich the state said were lost. cally utilized," headded. In possession ofthetaped statement, Jackson said the Texas 30-day rule along withthePuralewski statement,Drew' s was ruled constitutional by the United States counsel went into Federal court and pursued Supreme Court in Herrera v. Collins on the thatroute which endedup being deniedby the premise thattheTexasBoard ofPardons and Supreme Court In each instance, it was largely Parole and the clemency procedure in Texas because ofthe 30-day rule thatthe evidence would operate as a failsafe against the execu...Death Row, continuedonpage 10 couldn' tbeconsidered. Human Rights Week Addresses Homelessness bothDrewandPuralewski were charged with capital murder. At Drew's trial, Landrum testified that he saw Drew do it and vividly reenacted the movements and slashing whichhe saw. Drew was convicted and sentenced to death. Puralewskirefused to testifyand insteadpled to one coimt ofcapital murder. He was sentenced to 60 years imprisonment. While in prison, Puralewski began to bragabout committing the murderby himself. Counsel was sentto Texas and an affidav it was taken inwhich Puralewski swore thathealone murderedMays. The statementis significant because itwaspresentedin court 101 daysafter his conviction. This was in violation ofthe Texas'' 30-dayrule which excludes evidence presented 30 days after the conviction.. Drew's counsel moved to have a new trial in 1983 based on the Puralewski statement, butweredeniedbased onthe 30-day rule. The denial was affirmedby the highest court of Stephanie Golden, author andjournalist.speaking to a capacitycrowd in the Faculty Loungeon "Homeless Women: MeaningsandMyths ofHomelessness."during Human Rights Week. Thisprogram was co-sponsored by numerous university groups, including the GraduateGroup on Human Rights, theßaldy Centerand A WLS. ABATeam Evaluates UB Law i BySharon Nosenchuck, NewsEditor OnMonday.March 14,1aw students were invited to share their views of law school life in O'Brian Hall with members ofthe A.B.A. site evaluation team. The mission ofthe team is to evaluate the Law School for A.B.A. accreditation. A team member noted that the report that is prepared isconsidered confidential and itis up to the Law School and the Dean to decide whetherthe report should bereleased. The Faculty Lounge was packed with law students, all anxious to tell the six member teamabout thestudentperspective ofU.B. Law School. The team is made up oflaw school administrators and faculty from across the country. Not all team memberswere present for themeeting with students. Richard Wirtz, the team member from Tennessee, began the meetingby advising students thatthere was "no possible chanceof theLaw School losing itsaccreditation becauseofthis report' ' by the A.B.A. team. They thenasked thestudentaudience ifrelations between faculty and students could be better. One law student commented that UB Law is "not keeping up with emerging schools ofthought Another student said that students don't get feedback fast enough fromUB professors. Other students concurred with this view thattherewasa lack offeedback by the faculty. However, a student countered that "individual professors can be extremely accessible.'' Someone said that her key educational experience at theLaw School was participating inamoot court competition. She noted that both moot court programs at the Law School are student run, as itis very hard to getprofessorsinvolved with this studentactivity. Oneissuethat arousedalotofdiscussion from those present at the session was the school's grading policy. There is no grandfather clause for grades for 2Ls and 3Ls,complainedone student. Another stated that students would prefer the old grading system rather than thenew system and that the new system is a bad compromise all around. It was noted by a member ofthe audience that thegrade change wasstudentinitiated. The number ofadjunct professors teaching at the Law School elicited several comments from the crowd in the Faculty Lounge. One studentsaid thatitwasharder to get feedback from adjunct professors, whileanotherjokedthatmany 2Lsand 3Ls feel like theygo tonightschool, because so many classes are taught in the evening. Students expressedthe wishthatthe Law Schoolhad moreofa senseofcommunity. Students said thattheLaw School had no identity, citing as examples the space problem in O'Brian, which is so bad that some ILs take their ethics class outside of O'BrianHall. A member ofthe audience noted thestructural problems withO'Brian, saying thatthe wearand tearonthe building is tremendous. A copy ofa City ofßuffalo CommonCouncil Resolution encouraging the Law School to move downtown was handed to the team by one member ofthe audience. Anotherspaceproblem notedby participants was thattheLaw Library is overwhelmed by non-law students. The comment that, while the Administration says mat since the school is a publicly funded institution, the library must be open to all, but that nuclear submarines are also publicly funded and they arenotopen to everyone, elicited laughter from the audience. ...ABA, continued onpage J 3 March 22,1994 The Opinion 3 �FePINION WBT\ Volume 34, No. 13 Founded J949 Mafch {g94 Editor-in-Chief: PaulH. Roalsvig Managing Editor: Kevin P. Collins Business Manager: Lisa Nasiak News Editor: SharonNosenchuck Features Editor: PeterZummo Layout Editor: Evanßaranoff PhotographyEditor: DanHarris ArtDirector: KathyKorbuly StaffWriters: Karen A.M. Bailey, SteveBalet,SaultanH. Baptiste,Paul Beyer, Joseph Broadbent, Les Machado, and JeffreyWeiss Contributors: CharlesGreenberg, DiannaL. Ramos Computer Consultant: Peter Beadle - EDITORIAL Let Justice Be Served SBA President Saultan Baptiste's conduct reached an all-time low, even considering what his opponentshavebeen stating about hisactionsall year, when he served and sued his fellow law students in New York State Supreme Court. Baptiste surreptitiously served his fellow studentsand SBA members. He served Sue Etu, aIL Class Director by using a professional server at a cancelled SBA meeting last Wednesday. Baptiste called Ben Dwyer, a 1LClass Director who was at home sleeping. Afterhaving expressed concernover Dwyer's health, Baptiste then sent his server after him. Dwyer was greeted with aknock on his door and a knock to hisperson, after being served withalawsuit. Both Etu and Dwyerhad gone out oftheirway to remain neutraltowardsBaptiste. SBA Vice-PresidentPaul Beyer and 2L ClassDirector David Nemeroffwere also served. Baptiste then engaged on a hunt to serve SBA Treasurer Mark Panepinto. Baptiste called the wife of Panepinto's Moot Court partner, 2L David Leve, and questioned Mrs. Leve as to the whereabouts ofPanepinto. She did not know. Baptiste, according to reports, also questioned 2L Class Director Christin Horsley as to Panepinto's location. Baptiste supposedly told Horsley thatthere wasan emergency with SUB-BoardI, the SBA accountants, thatneeded Panepinto's immediate attention. Horsley didnot knowwhere Panepinto was,either, and the next day, ithasbeen stated, whenHorsley confrontedBaptiste withhis subterfuge, he admitted as much. Panepinto was in New York City participating in anational MootCourtcompetition. IfBaptiste had been able to find and serve Panepinto, Panepinto would have had to leave the competition,thereby wasting weeks ofresearching and writing abrief, preparing for arguing and drivingnearly 900 miles roundtrip. It wouldhavealso prevented UB Law Schoolfrom participating in thenational competition, hurtPanepinto'spartner by not allowing him to continue in the competition and embarrassed its student participants. This kind of underhandedconduct by a fellow law student and an elected representative ofthe studentbody isuncalled for and disgraceful. The problem should first have been attempted to be worked out in the law school through the grievance administrative body ofthe Faculty-Student Relations Board (FSRB). The FSRB has jurisdiction over all grievances between law students. Indeed, it ispuzzling why the judge found in favorofBaptiste without all administrative relief having been exhausted. But that is a separate and less important legal issue. It should be written into the SBA Constitution that any procedural matterpertaining to SBA affairs shouldbe addressedbefore the FSRB, including questions ofan interpretation ofthe SBA Constitution. Itshouldalso be written into the SBAConstitution that aprocedure be in placewhereby ifan SBA Executive Board member, including the President, commits unethical, unprofessional or illegal actions, such as misusing student fees to pay for large personal phone bills, then by a 3/4 (three-fourths) vote ofthe 22 members ofthe SBA, that memberwouldbe impeached and removed. Presently, there is no way to remove an SBA Executive Board member withoutthe students voting in a recall election. And that is what Baptiste and his server prevented in thelawsuit. This whole episode with the allegations about Baptiste and his conduct in responding them has clearly gotten out ofhand. It hashurtfellow law students. It has hurt human beings who are not law students, but instead werepawns in apolitical manipulation. And it hurtsthe reputation ofthe law school. Some question the allegations againstBaptiste, calling them political. Butthatisjustan attitude that ...Editorial, continuedonpage 14 Copyright 1993. The Opinion. SBA. Anyreproductionofmaterialshereinisstrictly prohibited withouttheexpress consent oftheEditors. The Opinionispublished every two weeks during theFall andSpringsemesters. Itis thestudentnewspaper ofthe State University ofNew York at Buffalo School ofLaw. The views expressed in this paperare not necessarily those ofthe Editors or StaffofThe Opinion. The Opinion is anon-profit organization, thirdclass postage entered atBuffalo, NY. Editorial policy ofTheOpinionis determinedby theEditors. The Opinionis funded by theSBA from StudentLaw Fees. The Opinionwelcomes letters to theeditorbut reserves theright to editfor lengthand libelous content. Letters longerthanthreetyped doublespacedpages will beedited for length. Please do notput anything you wish printed under our office door. Submissions can be sent via Campus orUnitedStates Mailto The Opinion.SUNY AB Amherst Campus, 724 JohnLord O'BrianHall,Buffalo.NewYork 14260(716) 645-2147 orplacedinlawschoolmailbox76l. Deadlines for the semester are theFriday before publication. The ideas expressed in the "Letters to theEditor" and on the commentary pageare not necessarily endorsed by theEditorial Board ofThe Opinion. 4 The Opinion March 22,1994 Opinion Mailbox A New Recall Is In Order forthose studentswishing to signthepetiuons. i o mc L-Ciiior. I encourageall ofyouto signthis new petition Don'tbe fooled into thinking that SaultanBaptiste hasbeen cleared ofwrongdoing and let thestudents finally speakon this matter. I would also like to apologize for the regarding hisallegedmisuse ofstudentfees in the recent court decision in Baptiste v. the disruptionthathas been causedby this controversy. However, I have no regrets aboutmy SBA. Nothing could be further doggedpursuitofbringing Saultan from the truth. tojustice. lonlyregretnotreporting JudgeFlaherty simplyinterthe President's actions to the stupretedthe SBAConstitution asredentsimmediately. I was obviously quiringmore signatureson theretoo naive in expecting Saultan to call petitions than were submitted comecleanwiththestudentbodyon totheSßA. Hedidnotevengetinto his own, as I encouraged him to do. the reasons for the recall, which Mypolitical future in theSBA have beenwell-documented inrehas obviously been hurtby my accent months. In fact, he expressly tions, as I knew itwould (Iam neistatedthathewas NOTrestricting ther seeking thePresidency nor reus fromtaking any furthercriminal election), but I was not elected to or civil actions, including a new protect my political career. I simrecall. ply didwhatl thoughtto betheright Because I feel that the stuand I will stickby my convictions. dentsare entitled to express theiropinions on thing, the President's actions at the ballot, we will be soliciting signatures for a newrecall elecPaulBeyer tion in the next few days. We will have atable SBA VicePresident set up outside the classrooms on the firstfloor ... Opinion Mailbox ', continuedonpages 6 and 7 From theEditor's Desk by PaulRoalsvig Editor-in-Chief Of Libel and a Letter Wewere working on thelast issue ofthe Opinion onthe evening ofMarch 7th,andhad Opinion. Well, firstofall, let's settherecord almostfinished the newspaper,whenthe inclustraight: it wasn't sent to us directly. It was sion ofthis particular "Letter to theEditor" in faxed to this school from somewhere in New this issue was brought to myattention. Saultan England onMarch 7. SinceTheOpiniondoes Baptiste had come bylate atnightandthought not have a fax, itwas sent to another UBlaw he'dgiveaquickglanceoverthe forthcoming office,one with afax number. Someone atthis issue, as he wasoften wontto do (the objectionschool intercepted this fax and forwarded a able presence ofSBA Executives at Opinion copyofmisfaxtoTheOpinion.andkeptacopy lay-outs is an issue wehave finally addressed (see Opinion Policy Proposal on page 14). forthemselves. The letter had the following origins: Saultan's face grew ashen as he spotted the Apparently several malelaw students had the letter. With more thana hint ofannoyance in pleasure ofsubletting theirapartmentin Boshis voice, he asked "where did this come ton to Saultan Baptiste last summer. One of from?" Somehowthisparucular"Lettertothe theaforementionedBoston law students apEditor" hadbeenenteredinto ourcomputer and parently has a female friend whois a student placed on apageready to goto printwithoutany currently at the law school here at ÜB, and editorhavingevenlookedatit! Mr.Paulßeyer whenthis friendtold the tale ofthe woesand admittedhe had broughttheletter to The Opinproblems ofourSBAPresident toher friends ion office, and our layout editor statedthathe in Boston, guess what? They decided they had placed this letter on the issue under the would write a letter to this law school. Now, erroneousassumption thatI had indeedlooked they wondered, who could they send it to? atitandOk'd its inclusion.While I understood Mr. Beyer's burning desire to see this letter Perhaps thanks to this woman at ÜB, or perhaps through a little research on their own, included in theMarch Bth issue ofTheOpinion. theymanaged tocontact Marc Panepinto, who I nevertheless did notfeel comfortablewith the gavethem a fax number they could send the circumstances of how it was almost "snuck in", andafter consultingbriefly withan indeletter to. The letter wasn't too complimentary pendent counselor, I decided tohold on to the towards Saultan. In fact, it contained several letter and investigate all the legal ramificaharsh allegations, and even drew some legal tions beforeprintinganything whichcouldhave conclusions which, if false, could have been potentially left the Opinion open to a lawsuit. the basis for a libel or slanderlawsuit. After The Opinion issue came out on The substance ofthe letter statedthat MarchBth, I heardthat somebody (who probably Saultan owedthese two law studentsmoney had the original fax in theirpossession) went for unpaidphone bills, andthathe had stone- ahead and made numerous copies ofthe letter walled on their request to get it paid, by and distributed it to various individuals at this refusing to answer theirphone callsand let- law school. But,asrvestressedmanytimesto ters. They noted thatthis seemed more than differentindividuals, this was not doneby any merely coincidental in light ofwhatSaultan Opinion writer, staffmember, oreditoracting had been charged withhere atÜB, andthey felt in theircapacity as an agent ofthis newspaper. thatthe student bodyat UBLaw had theright The Opinionjustdoesn't disseminateinformatoknow. ...Editor's Desk, continued onpage 14 Bynow,manyofushaveheardrumorof a particular letter sent to the Editor ofThe Corrections * IntheMarchB article inThe Opinion entitled"Heated DebateTurns ViolentatSßA Meeting,'' it was incorrectly reported thatDavid Nemeroffwasa3L and thatthe sodacan that he threw in the directionofCraigBrown wasfull. Nemeroffisa2LandNemeroff said that the soda can thathe threw in the direction of Craig Brown was not full. In the March 8 article in The Opinion entitled "King Daughter Calls For Racial Harmony,'' itwas incorrecdy reported that Marjory Avant's fatherhadmet MartinLuther King, Jr. Rather, Mr. Avant met King's father, MartinLuther King, Sr. * �Commentary: Fuel For Thought By Peter Zummo Features Editor WeWant Our Court TV Amajorpartofthereasonthatmany law students feel it would bea goodidea to move UB Law downtown is to beable to take part, even as mere spectators, in the trial process. While this is currently impossible here at the Amherst campus, some small solace may be found in CourtTV. This relatively new cable television network covers trials and the law 24 hours a day. Unfortunately this network is not available to those ofus wholive in Amherst, thanks tothegreat(yeah,right)cableserviceprovided by Adelphia Cable. But I think it should be available to everyone, and it should bemade available to all of us atÜB. It's unfortunate but true, a student can completeone fullyearoflaw school (ormaybe even two)and notyet see or experience a trial. While we have probably all seen 30 second trial excerpts onTV, or perhaps, fought that speeding ticket,few ofushave hadthe opportunity to witness a complete trial. I think itwould be interesting and educational to v iewlawyers engaged incombat in the trial arena, making their opening statements, interrogating witnesses, seeing the actual "law in action.'' Court TV may also help some students withtheirfinal exams. Last semester,Professor Dubber's criminal law final contained a fact pattern based on the Menendez trial in California. This trialwascovered extensively onCourt TV. A few students had never even heard of the case, and commented after the exam "How could Dubber make up a fact If Court TV is brought on campus, students would benefitfrom the experience. Just imagine a three month long trialloaded with Fourth Amendmentproblems.... available forall to viewthroughoutthe day on strategicallyplacedmonitors in O'Brian Hall. There is no doubtthat Court TV would have instructional value for law students. The feel and flavor ofcivil procedure, listening to a prosecutor trying to get at the truth or the impassioned plea for justicemade on behalfof a client by one the nation's best and brightest would be broughtright into the world ofUB Law. Those2oor3ominutesbetweenclasses could beput to some use, and whoknows, we mightactually learn something. The town ofAmherst has justsigned a new contractwithAdelphia Cable, whichcommits the cable company to serving all educational institutions in their franchise area free ofcharge (music tothe ears ofSUNY trustees). pattern like that?'' Well, you know the old I think afew phone calls to Adelphia from some saying, truth is stranger than fiction. If Court highly placedUniversity Administrators might TV had been available on campus, perhaps persuade them to bring Court TV onto the students would have been familiar with the campus. Orthe programming network itself case and the issues. might supply a dish to the University and we If CourtTV isbrought on campus, stu- wouldbeall set to sit down and watch thelatest dents would benefitfrom the experience. Just adventuresofTonyaandNancy. Justthinkof imagine a threemonth long trial loaded with it: CourtTV, education at itsfinest Now, how FourthAmendmentproblems.... about a popcorn machine in the first floor Seriously, I feelthatCourtTV shouldbe lounge? Commentary: Reacting to Schindler's List —perhaps chalk itup to hollywood sensationalism orpropagandized history. We were up half the night discussing List Steven Spielberg's new movie about a from: the way most modem day everything German opportunistwho found away to take Germans attribute the atrocities to a small advantageofW.W.ll and theJewish victimsof men, to how some on ofderangedmilitary group itAlthoughthemoviefocuses howSchindfer higher to at leasthas a ofthe ranked commandersplotted and graduallycomes his senses, or to (and wasmo assassinate Hitler how most attempted change ofheart, what re intriguingfor me was the portrayal ofthe Nazi soldiersand people are not aware of or taught about this theatrocities they committed during theholobecause it shatters the myth that most of Germanywas behind Hitler), to how they don't intercaust. What madethe movie evenmore esting was the fact that I sawthis movie with feel any moreresponsible than anyone else in my three german housemates. I wasinterested the world.They resentthe factmateverything to see ifthey would minimize whatthey saw abouttheholocaustportrays themas the"evil byJosephA. Stavrou Last month I went to see Schindler's Germans." Yet, I couldn't help but feel anger towardsthose' 'evilGermans'' whilewatching this movie. Justlike Spielberg managed to put a face and name onthat "six million historical statisticand thereby made therevelation of the holocaust a much more personal, human, andpowerful experience, so do we want to put a face and name on the villain. Thenameand face we'vecome up with isablonde,blue-eyed monster namedGermany. This,ho wever, is a caseof(purposely) mistaken identity. Thereal description of the monster is a sexless, earth ...Schindler'sList, continuedonpage 12 How Our Enemies Bring Us Together byDan Harris,,.PhotoEditor ' 'It doesn 'tmatterwhatyou believe as believe in something.'' longyou in -PresidentEisenhower Last summer I spent two months subletting an apartment. I had two housemates, Eric and Mark. Before we moved in together, the three ofushad only known each other casually. Living with themI discovered thatEric was areal jerk, whileMarkwasaverypleasantperson. At first the only thing Mark and I ever talked aboutwaswhatajerkEricwas. We'dgofor longwalks at night justcomplaining about Eric. EventuallyMarkandldiscoveredthat wewere able to talkabout things other than complaining about Eric. Webecamepretty goodfriends duringthe summer. We were pleased that the unhappy experience of livingwithEric had had the pleasant effect ofmaking usfriends. Acoupleofmonths afterl moved out, Lisaand I visitedthe place. Wespentafew hours chatting withMark and Ari, whose roomlhad subletted. Ari didn'tcareforEric either. My two friends told us many entertaining stories about what a jerk Eric is. I asked them ifafter thisyear they wouldjust go with a two bedroom apartment. I was very surprisedwhenthey toldme thatthey'd probably stay withthe threebedroom place. Neither liked Eric; but Eric served the purpose ofkeeping them atpeacewitheach other. With Eric to blame for everything, MarkandAri wouldnevergo ateach other's throats. This brought tomind something interesting, it seems our enemies are what bring ustogether. It's not thatEric is such a disgusting and horrible person, it's that he's enoughofajerkto bring otherpeople together in their mutual dislike for him. Before I subletted withEric and Mark,when ...Enemies, continuedonpagel2 l|viA SBA Executive I March 22,1994 The Opinion 5 �Opinion Mailbox, continuedfrompage 4 Baptiste Discusses Court Decision Dear Fellow Law Students: On March 18,1994,1won theright to have the scheduled Recall Election vacated andannulledand the court found that the SBA hadacted arbitrarilyand capriciously and in excess their authority. This decision has also createdlegal precedent in New York State regarding constitutional violationsundertaken by leaders ofstudent organizations. Baptiste v. SBA is the firstcase in whicha court found jurisdiction overa student organization such as the SBA underan Article 78 proceeding. The court's granting ofjurisdiction will mean that all student governments and organizations at U. 8., as well as organizations throughout New York State which are similarly structured, willberequired to follow their ownprocedures and constitutions or they will be subject to judicialreview. What thisalso means to the studentbody is thatthosewho werefound guilty ofviolatingtheSßA Constitutionaretheverypeoplenow proposing to make changes in it throughtheir ad-hoc By-Law Committee. However, I have no doubt that youwill continue to see their unrelenting attempts to pursue meuntilthe end ofmy term on April 30. It is in fact because ofthis that I intend to pursue all legal and administrative remedies available to me for the actionsofthosewho continue toharass me, as well as allthose incomplicity withthem. I have always said,and I will say once again, I take their actionsvery seriously. This isnotajoke, nor is it silly SBA nonsense. As long as lam put in a position were Imustdefend myself, I will continue to do so. Ihopethat my actions will prevent other studentsfrom the similar treatment in the future. Sincerely, Saultan H. Baptiste SBA President Students NeedTheir GradesSooner To All Faculty members and the Administration: As a 3L, Irealize thattheamount oftimeforme to " speak my mind aboutourlawschoolis limited. Accordingly, I would like to take this opportunity to discuss oneproblem atUB Law School whichhas bomeredmegenerallyforthreeyears, tangibly damaged myacademic career, and unnecessarily hinders ourstudents' prospects forobtaining employment Thatproblemis the prolonged gradingperiodforpro fessors to evaluate finals and theroutine disregardofthatdeadlineby many faculty members. The deadlinegiven to the faculty is approximately seven weeksafter finalexams. Thisis too long given the importance ofreceiving grades in a more timelyfashion. Many otherlaw schools, such as Cornell(3-4 weeks) and NYU (1 week for classes with less than 46 students, 2 weeks for classes with between 46-90 students, 3 weeksfor classes with between9l 130 students, and 4 weeks for classes with more than 130 students) recognize this and mandate that professors grade finals more quickly. While professors at this school may believethat getting grades is insignificant and merely placates students' anxiousness and inquisitiveness, this isnotthe case. Indeed, there are several reasons why it is imperative for students to receive grades earlierthan seven-plus weeksafter the end ofthe semester. My experience last summer in attempting to become a visiting studentat Rutgers Law School underscores thispoint. In mid-June, I applied to Rutgers. I asked A&Rto forward my (then) current transcript to Rutgers. A&R prompdy sent my transcript. I believed everything wascomplete, as I already had submitted my application. Several weeks later, I called Rutgers and inquiredabout my application. They stated thatmy application was incomplete and they hadn'treviewed it, andallavailable spaces for visiting students hadbeen filled. I was shocked! How couldthis haveoccurred? The answer isthatwhilemy transcripthadbeen sent by A&R, it did not include all ofmy Spring '93 grades because they hadn'tbeen turnedin by someofmy professors. Ibegged Rutgers to make an exceptionand toldthem there was nothingI could do. I explained that my school is notoriously late in submitting final exam grades. I even immediately hadaletterfaxed from A&R stating thatI was in good academic standing (A&R was very helpful). But my effortsproved futile. Making matters worse, was the fact thatI was told I would have been accepted BUT FOR the absence ofthose grades. I was fully qualified based onmy availablegrades, my extracurricular activities,and myreasons forrequesting visiting status. I was deniedSOLELY because thepolicy at thislaw schoolallows for an excessive amount oftimefor professors to gradefinals. Thereare many additional reasons, morerelevant and applicable tothe entire studentbody, why the grading deadline must be shortened. WhilemanyUBLaw students never try to attend another law school, I am confident that everyoneofus, at some time, searches for employment. This search is made - 6 The Opinion March 22,1994 more difficultbecause ofthe lengthy grading deadline. Every employer wants to see up-to-date grades. In- deed, gradesare often the most important hiring criteriaconsidered by employers. Notonly is it embarrassing,but it isalso damaging to our employment chances to have to continually explain to prospective employers why our grades are not available nearly two monthsafter theendofthe semester. The faculty mustrealize that in today'sjobmarket any obstacle to findingemploymentmustbeeradicatedifatallpossible. The grading deadline isjustsuch an obstacle. Considertheanalogous situation ofaprofessorwaiting to be awarder tenure. Unquestionably, one ofthe most importantfactors is studentevaluations. Imagine iftheprofessor had to wait indefinitely until his/her students submitted evaluations. Moreover, imagine ifsome professors wereputat an immediate disadvantage solely because there wasan excessive "evaluation period" whichwasconsistently disregarded by the students. Thiswouldhardly beconsidered an appropriate or fair system forprofessors to deal with, yet thisis the type of system encountered by UB law students. I am not unaware ofthe timedemands on pro fessors. Nor am I, or otherstudents, unappreciative ofthose professors who are diligent in returning grades promptly. But, every professormustreturngrades sooner. This uniformityshould be mandated byanew policy atthis school shortening the grading deadline. Based on personal experience, I am certain that a shorter deadline wouldrequire littleadditional effortand would not be unreasonably burdensome. This past summer, I graded over 100 law review casenotes (8 pages each and 2 pages of footnotes) in approximately five weeks. I was able to accomplish this while workingfull-time. I am confidentthatgrading final exams is no more demandingthan what I did, given thefact thatthe majority ofclasses are comprised offarless than 100 students (and consideringour grading system). In conclusion, the faculty (and the administration) must respect the significance oftheir duty to evaluate final exams and the importance ofreturning such evaluations in a timely manner. Thegrading system at this school manifests in the perception that the faculty and administration justdon't careaboutthe students enoughtoreturn gradesmore quickly, and is one ofthe main reasons why alumni don'tcontribute enough to fundraising campaigns. Whether ornot thisperception is accurate is not as importantas how it can beremedied. The simple solution is tocreate, and enforce, ashorter deadline forprofessors to submitfinal grades. Sincerely, Joshua Kimerling, 3L Hiring of SBA Assistant Unfair To the Editor: I've been reading the numerous Letters to the Editor regarding the firing ofthe SBA Administrative Assistant, but I don't wantto discusswhy she was fired. I thinkthe bigger,and moreimportant questions are how andwhy was shehiredin the first place? lam upset thatthe SBA decidedtooffer a57.50 perhour job to a personal friend without giving notice to anyone, especially struggling law students. There are many law studentswhohaveexcellentadministrative experiencewho would have been happy to earn that salary. Law students, some of whom have graduate degrees, are working in College Work Study positions foras littlea 555.75 per hour. Tliiskmdofhiring procedure was obviously a closed process and sounds like nepotism to me. I have sharedmy feelings withfellow students and they retribution. After all, a law student should beable to freely voice his/her opinion concerning the hiring policiesused by our elected studentrepresentatives. AudreaFinlay, 1L MLXDay OffCelebrates the Positive I had the misfortune to have arun in with the guy who wrotettielettertofoeeditoraboutMartmLumerKmg,Jr.(MLK). In the letter Jay Kalasnik stated quite explicitly that because the school observed that day, but did not observe the other national holidays, that the school was thus catering to ' 'multicultural leftists. Initially, I had not read the letterall the way through because it was rambling, disjointed, and he failed toconnect multiculturalism (whose purpose isto educate about different races and cultures) to MLX (who fought for civil rights). In all honesty, I justdismissed theauthor ofthe letter as anut and went on to the nextarticle. However, my encounter with himwas foistedon me whenheapproached, andasked if I wasKedra Burgos, afellow studentwho wrotea response to his letter. I was floored because this guy was in my Trial Technique class, he hascalled me by name, and heknows quite well thatmy name isDrew-hecertainlyhasnever heard anyone refer to me as "Kedra'' before. Nevertheless, Mr. Kalasnik claimed that because the response letter was articulate, and because he considers mearticulate, he justassumed that itwas me, despitethe totally differentnames. With thatrationale, I certainly shouldhavebeen mixed upwithSarahPhillipsby now. Jay's assumption clearly indicates thathe believed thatthere could only be one articulate black woman in law schoolperhaps heshould broaden his horizons by interactingwithmore 0f us to shatterthatvery narrow-minded belief. Atany rate he wanted to explain to me whathe really meant in the letter—simply that the school should celebrate every single nationalholiday and sincedie school does not, but choosestorecognizetheMLKholiday,itproves thatthe school isabunch of 'multicultural leftists". I hadn't heard the term "leftist" sincetheadventoftheMcCarthy eraand I sensed that hereally didnothave a grasp on the truemeaning ofthe word. Instated, I asked himwhatMLKhadtodowithmulticulturalism (I sensed that Jayhadapretty loose gripon that wordas well), since MLX's focus was not on cultural enlightenment. He statedthatMLX day was considered a black holiday, citing as proof theblacks thatwere shown on television celebrating in black churches, etc. He pointed out that most whitepeople believed this. I countered thatthe holidaywas indeed ostensibly celebrated by blacks, not because MLX was black, but because it wasblacks for whomthe curtainofdenialwaslifted. MLX fought for the basic rights ofblacks to justto useatoilet, awater fountain, and to eatat alunch counter-things that no onecan believe (except perhaps our parents) were actually withheld. Hence began thefightforgreatercivilrights—voting, jobs,and living accommodations. However, other groupsof Americans,thenand now, enjoy thebenefitsofMLK'sstruggle: true equality for all in this country. This is the highest of American ideals, and thus it istruly an American holiday. I argued that ifMLX had wonthe rights ofthePolish to finally partake in the very basics ofAmerican life, I am sure that we wouldsee Polish people celebrating inPolish churches as well. Nevertheless,itwouldbeabenefittousall. I wentontofurther state that I could not believethat he was whining like he was because I have had other (I guess he would consider them " white") holidays " shoved downmy throat my entirelifeand 1nevercomplained. Additionally, I haveworked for employers whorefused to honorMLK day. I emphasized thatonce hesteps outsideofthe confines ofschool hewillfind that mostprivate employerswill not recognize MLX day, whilehonoring the othernationalholidays. Certainly, Jaywouldnotaccusethose employersofpursuing a " racist agenda ", nor wouldhecomplain then. I thought he would find some solace in that but instead hiseyesflashedand heshouted,'' youjustwant to punish whitepeople, push the white people down. You'rejustbitter; affirmativeaction, right? Affirmativeaction!!!" Jayused the word affirmativeaction as ifit wasa swearword,butapparently he does notrealize thathe has benefitted from theaffirmative (leftist?) efforts ofthe school to accept older students. Additionally, Jay apparently didnot do anyresearch before assailing the school as''multicultural leftists." He is clearly unaware that a littleover 3 0 years ago blacks were not accepted into the SUNY schools at all—on the basis of race bestqualifiedpersonshouldbehired. Shouldn'tstudentshave alone, regardless ofgradesorotherobjectivequalifications.(lf had an equal opportunity to seek theposition? you don'twantto do yourresearch, justlookat the photoshung It wouldseemthatthereason SB A is spending money on up around the school. Blacks did not suddenly justdecide they an administrative assistant is to have someone available to wanted to go to law school in 1974!) Thus, the so called assist all SBA officers and students. However, when I visitthe ' 'multicultural leftists'' tendency is not in factthefoundation SBA office, the office is oftenclosed or I never see anadminoftheschoo 1.People seemto dismiss recent history as ancient istrativeassistantaround. Whendoesshework,anyway? lam history. In light ofthatbackground, it is only natural that the surealaw student or even twolaw students, could make SBA school would make some commitment of inclusion. That more accessible to addressing studentneeds. Thatmoneycould commitmentincludes studentslike JayKalasnik who, before, have gone into the pockets oflaw students whohave a vested may have beenrejected or shunned due to the mistaken belief ■interest in trying to keep SBA organized. that olderpeople can't learn orbecause ofan antiquated belief Some students may be upsetbecause ofthesecomments, thatheshouldalready be establishedathis age. Lastiy, Jay has but then why should I have to curb my feelings for fear of failed to explain why ' 'multicultural is a negative. What's agree thatthe hiring o fan AdministrativeAssistant shouldhave been an open process and that students should have been included. Others say thatwiththe current goings on in SBA, an outsider shouldhave beenselected so thathe/she would notbe involved in dirty politics. But if SBA hires the wife ofalaw student who also happens to beapersonal friend,thenastudent may as well have been hired. Nepotism, oreven the appearance ofnepotism, should notbeallowed, especially whenitis with ourmoney. No one knew aboutthe jobopening.lamnotawareofher qualifications fortherx)sition,butlthinknoonewoulddisagree that sheshould have gone throughacompetitivehiring process. As always, the �• tr *r % fr-jr* be withitandwhat would its Wouldn'tthat sends out a distress which opposite? signal, scares away other birds. I -agendas? Apparendy not Andwhat ifthey were?There would wrong opposite be antithetical to the true tapestry that makes up the requested verificationofthis information from the' 'vendor be precious little on-campus recruiting left, that's what. In reality, the military is far less culpable than the fabric ofAmerica. Multiculturahsm doesn't mean, as Jay and, afterrepeating my request several times overthe next six infers, "getting the whitepeople back"—it means obtaining months, I gaveup on the "vendor"andresearched the so called Supreme CourtofNV and theLGBLS wouldlead usto believe. knowledge about allpeoples thatmakeupthis potentially great '' controlagent myself. When I located the Environmental TheJAGCorpshasestabUshedanoutstandingrecordofrecruitland of ours. It could only make us more knowledgeable Protection Agency's [EPA] report onthe "control agent" it ing womenand minoritylawyers; the US ArmedForces were citizens. He additionally fails to realize that the school has became clear why Ihad notreceived any informationfrom the the first government institutions toprovide equal opportunity fiscal considerations that private law schools do not. The ' 'vendor.'' The socalled "control agent is identifiedby the and significantauthority to minorities. Likewise, the Armed schoolis notbowing to so-called multiculturalpressures in this EPA as a highly toxic poison and itis classified as arestricted- Forces providemeaningful socialwelfare to many disadvanparticular instance. The school simply doesnothave thefunds use pesticide. It is not available to the general public; in fact, taged Americans by providing employment, housing, medical to observe everyholiday, so why not celebrate theone that, not the E.P.A. requires that a licensed exterminator be hired to care, discipline, training,legal services, education, etc.,after only represents something positive, but is also generally ig- distribute the poison. Applicators must wear protective civilian institutions have failed them miserably. Since WWII, nored outside ofthe confines ofthis ivory tower? Instead, clothing, including long sleeves, gloves, and respirators. The the GIBill ofRights has put many people withno othermeans perhaps the school should raise the tuition to accommodate E.P.A. also requires that the dead birds and uneaten bait be through college, my fatherand fellow students included. Note the incongruity ofthe left-leaning LGBLS seizing Jays'srequest. picked up because this lethalpoison bonds with the soiland is More importantly, we shouldreallybe cautious in ignortoxic to aquatic lifewhencarriedbyrun-offinto bodies ofwater. uponthe military's "Don'tAskDon' tTell"restrictions inwhat ing the positives of our school. It has a firm commitment to Either Mr. Korta had misled me or the vendor/exterminator they want us to belie yeis acivilrights struggle. Not solong ago, addressing public interest concerns, i.e.; battered woman, misled Mr. Korta, because the poison is intended to kill every during the Vietnam War, leftist heterosexuals claimed to be housing, human rights and the environment, among others. birdthat eats it Nonetheless, partofMr.Korta'sdisinformation asserting theircivilrights byfleeing toCanada. Gays (and some Additionally, Ihave seen several nationaltextbookscite many was true; as the birds die a slow and excruciatingly painful impostors) appeared notto notice orcare that theircivil rights ofourprofessors scholarlyworks, including Finley.Steinfeld death, they do sendout a distress signal whichtends to frighten were violatedas theyavailedthemselves ofthe ban onhomoandScales-Trent We should be evenmore cautious in levelling away otherbirds. sexualstoavoid service. Yes, some gays wish to serve, butdoes broad, un-thoughtout,claimsagainstthe law school. Itmaybe The justification givenby Mr. Korta forusingourmoney theLGBLS agendareally concern their,oranyone else's, civil trendy, orprovide some source ofventilationfor our unattained to torture and kill wildlifeis thatbirds pose a health threat to rights? Ms. Gottschalk exclaims that LGBLS is "ecstatic goals. Nevertheless,itisnotsmart Yearsfromnow(orapprox. usby congregating in andaround theair intakeandventilation about winning." Winning what? Military policy remains 6 months) when weare working withnew graduatesfromother systems ofourpoorly designed campusbuildings. The E.P.A. unchanged by the ban. Reading between all the lines, one schools, and find ourselves competing forpromotions orchoice disagrees. In their report, theEPA explicitly states that useof suspects thatdrivingthemilitaryaway from SUNY wasan end assignments, we will have those very same wild comments this poison to controlbirds at public facilities is not considered unto itselfand not, as they allege, a means to ' 'educate.. .and thrown in ourface. The inference will be that our school is to be ofbenefit to public health. However, the university breakdown stereotypes and prjudices." For somemembersof inferior or is offthe beatentrack —anarrow thrownagainst dismisses thealternative ofwire mesh covering air intakes as theLGBLS, could theassertationofrightsbemerelyapretense us from our own mouths. Idon'tthinkthere'sanystudenthere too expensive to install. Apparently the university believes it to mask their political designs and shield themselves from that'snotgratefulthey wereaccepted orwho would notbebitter is cheaper to hire a professional extermination crew to climb criticism? ifthey hadnot been. The mainpointofthis letteris to point out up to those same rooftops 3 to 4 times every year to place the In any case, LGBLS members swing a double-edged that we as law students have aresponsibility, indeed we must poisonand, asperE.P.A.rules, return within24 hours to pick up sword. Someday, if the bugle calls them, they may well be be trained, to think critically. We should not throw words and destroyany uneaten bait. All this ratherthan tohave people burning draftcards instead ofbuilding closets. around, rely on cliches or embrace rhetoric, because using goup onceand install wiremesh. David Krakow, 3L words in suchamanner causes them to lose theirmeaning. We Pigeons are the intended victims ofthe U.B. exterminaI Resign should be particularly careful in citing the boob tube "asan tioncampaign but,according to the E.P.A., non-target species To theEditor: are also in great danger. Even ifthe highly toxic poison is authority. I regret toinform youofmy immediateresignation from Thanks properly applied, E.P.A. studies show thatanywhere from 7% theBoard ofDirectors. I no longer believe thatthe StudentBar Drew Pinkney, 3L to 16%ofthebirdskilledwilIbenon-targetspecies. According serves theinterests ofthestudents ofour law school Association totheEP. A.,migratory birds suchasFinchesare in great danger In Defense Of 'Phil' and thatthis situationwillnotchange before my graduationthis as are Magpies,Red Winged Black Birds, Sparrows, Sparrow To the Editor: May. The dead Hawks, and Quelea. birds I observed wereall nonI found Mr. Urbanski's letter in response to ' 'Phils Charles Greenberg target species. Thegroundsdepartment public safety,and Kirk remarks, in your last issue very disconcerting. The tone was Waible ofthe Environmental Studies Group, have reported Third Year Class Director unsettling, and the languageabhorring withmurmursreminison finding both targetand non-targetdeadbirdsleftuncollected cent ofthe popular literature ofGermany ofthe 19305. campusby the exterminator. Attention AH SBA Having read Phil's remarks regarding the Federalist S.O.L.A.R. urges all concerned students to call, write, Society, I didnotdetectattacks against Mr. Urbanski'sperson. orE mail President Grienerrequesting that this inhumane ForAprilElections: Instead I observed andenjoyed the political humorism that it and wasteful policy be changed. You canreach him at: intended to be. Mr. Urbanski obiterdictumwas anassaultiverelapse of William R. Griener, President common sense. If he aimed to reclaim what he may have 506 Capen Hall perceived to be his tarnished image, his penmanship accomState University ofNew Yorkat Buffalo no plishedthe contrary, andeffectively persuaded me otherwise. Buffalo.New York 14260 I say persuaded, not convinced because I do not know Mr. (716)645-2901 Fax: 645-3728 at Urbanski personally, and since at the moment I sense no desire to, I shall give him the benefit ofa doubt, and the following StevenAid, 3L advice: Kirk Waible 1-Your ownwordscommitted topaper ornot are amore S.O.L.A.R.[Students OfLawfor AnimalRights] powerful tributeand amore tellingtestimonial to yourcharacPresident, Enviromental Studies Group ter thananyone else' s assertionsabout you could ever hope to be. Note to Editor: 2-Thepractice oflaw isa adversarial processpermeated Avitrol's chemical name is 4-aminophyridine. The with daily annoyances and frustrations. While in court,rabid report cited can be found inthe U.B. 's undergraduate E.P.A. rages such as expressed and exhibited by your letter, will library, science andengineering documents,call numberU.S. aUsserveyougreadytothedetrimentofyourprofessionandyour Ay 5. The citedinformationcan be foundonpages 10, no more personal reputation, not to mention the possibility ofa judge EP5.17: 12,15,30,31,and41. obligingyouto spendafew nights in aplace where you would check in yourbelongings andremain in the company of" Big A HollowVictory For LGBLS Baba",whosemodusoperandiwithahighhghter couldprove even more creative than yours. To the Editor: I read withdisappointment the March 8 Opinionfeature 3 -On a lessphilosophical note, Mr. Urbanski, itmay be wise notto submitthatletterasawriting sampletoprospective about the militaryrecruiting ban at SUNY, a Pyrrhic victory or employers. AND.youmay not wantto seeka membership in celebrated by Ms. Gottschalkand the otherhomosexual rights the diplomatic corps, since thatprofession's requirements may activists at the Lesbian, Gay and Bisexual Law Society not be well-suitedto your obvious talents. (LGBLS). Besides assuaging thedelicate sensibilitiesofthe PolitiSincerely, cally Correct, the most practical effect ofthe decision is to RoxanneMarvasti,2L make itevenmore difficultfor fellowstudents to findwork. To a Tell Griener To Stop the Killing pickandchooses who will be allowed torecruit on campus is a luxury UB can ill afford during these recessionary times. To die Editor: Further, the diecision is inequitable and deals only Unfortunately, itis nottheugly architecture at U.B. that a is scaring away the birdsand squirrelsnormally found onmost superficially with employmentdiscrimination. TheUSArmed college campuses. Our tax and tuition dollarsare being used Forces have been unfairly singled outand blacklisted because for dangerouspoisons intended to kill wildlife thatdares to cross they are openabout theirhiring policies. Consider thewelcome SUNY extends to private employers who practice a more the boundaries ofthe sanitized Amherstcampus. or After seeing an occasionaldeadbird on campus but no widescale, secret, and thus morepernicious, formofbias. Mr. live ones, I contacted Jim Korta ofthe University's Facilities Chatarpaul's letter in the same Opinionrefers to Buffalo law ~ Department. Mr. Korta informed me that the university has firms whichshamefully exclude minoritylawyers. It is comcontracted with a' 'vendor who, 3 to4 timesayear, distributes monknowledge thatmany ormost firms, outo f sheerprejudice, an' 'animal control agent - Avitrol[4-aminophyride.] Mr. silently close their doors oncertain types ofapplicants. DisKorta assured methatthis substance is not intended to kill birds, graceful; but is anyone seriosly considering applying antiMonday,April and in most caseswouldmerely disorientthebird. Thebird then discrimination statutes to employers with hidden exclusionary Candidates Candidate Statements and Photos are dueFriday, April 8 later than 5 p.m. The Opinion office. Submissions must be on 3 1/2 inch IBM compatible High Density disks, WordPerfect 5.1. Please limit your statement to than 2 pages, single spaced. The Opinion reserves the right to edit for length all submissions. Photos may be black/white color. The sharper the picture the better. Students who need photo may contact The Opinion to make arrangements for photo session. Submissions may be dropped offinbox76l box 290. The Editor's ofThe Opinion Special Candidates Issue: 11 March 22,1994 The Opinion 7 �The Roaming Photographer byPaul Roalsvig, Editor-in-Chief From the Graduating Editorial Board Members ofThe Opinion: "Hasta La Vista, Baby!" Paul Roalsvig Kevin Collins Sharon Nosenchuck Dan Harris KathyKorbuly Editor-in-Chief ManagingEditor News Editor Photo Editor Art Director MovieReview: Philadelphia: Hollywood's First BattleWith AIDS I bySaultanH. Baptiste, StaffWriter There is no questionihatPhiladelphia is a historic step forHollywood. Thisisthefirst time that mainstream Hollywood has struggled with the sensitive subject of AIDS in such a bold way. The film, based on a true story, revealed to all viewers, some for thefirsttime, the real experiences shared by many people whoare afflicted with this fatal disease. However, listening to the rave reviews frommoviecritics, onewould think thatPhilade/jP/H'awasperfectin every way. Butfromthis writer's perspective, well let's just say the Director could have, and shouldhave, donea betterjob. One ofthe most effective film scenes wastheopening withBruce Springstein' s song "Philadelphia," but after that, the technical side of the movie doesn't stand as strong. Throughout the film youaregivenalotofcut shots and extreme closes ups that were very distracting, especially on the big screen. The directorconstantly puts you beyond the personal space border. I believe the effect was intended to drawthe viewer into the film, but the technique, itself, didn'twork. For example, there is a very important scene whereDenzel Washington, whoplays a # downto earthpersonal injury lawyer,andTom Hanks, who plays a corporate lawyer who becomes afflicted with AIDS, are having a discussionafter aparty in preparation for the next day'strial. Opera is being played in the background asTom Hanks sharesan incredibly moving moment. But the lightingtechniques were sobadthattheredlight effectand almost black screen detracts from the impact. What could have been the perfect moment to bring the audience into heart and mind of these characters was wasted because of the perceived distance between the characters given the director'stechnique. Although the film wasdefinitelymoving, there was one part of the film which received a surprising, and clearly undesired, responsefromseveralmovie goers. Therewere afew groansandsighs from differentsections of the audience. During an intimate family meeting, the actress whoplays the mother of Tom Hank's character, saysto herfamily, "I didn'traise my children to sit in theback ofthe bus.'' After the movie, while in the ' 'After Movie Review Room" (the men's room), one AfricanAmerican movieviewerwas upsetby thestatement Hesaid/Tunderstoodwhatthe writer was tryingtosay, butthecharacter [,who was white] had no historical or cultural per- spective on whichto base her comment. Hollywoodreally pissesme offwhenthey do that." A white patronadded, "Tellmeatwhatpoint in history were white people forced to sit in the backofanything? Itwouldhavebeenberterfor her to have justsaid that she didn'traise her children torunaway fromafight,whichiswhat I believe she meant to say. This just goes to showthe insensitivity ofHollywood writers.'' I surmised that they didn'tlike the statement. It was also evident that the movie's legal counsel was not in the editing room, because the court room scenes were truly "Made for Hollywood." The trial footage jumpedback and forthfromthe plaintiffscase todefenant'scase. Itwould nothavebeenso bad ifthe film did notnote the datebefore each court scene, giving the appearanceof the actual flow ofthe case. Anotherexample was in the welladvertised film clip in which Denzel Washington stands in the courtroom saying, "Let's talk about what this case is really about." You would think it was during an opening statement or summation. No. In the movie, it comes after the judgeasks Denzel to approach the bench to ask him a question, withoutinviting opposing council. Washing- FoodReview: Before Ordering Chinese, ReadThis by Jeffrey Weiss, Staff Writer able level. I fyouare looking for someappetizBuffalo Bills fanatics, Buffalo pizza and ing Chinese Food at a reasonable price the I theBuffalo weathermake me cry out in agony. suggest that you saunter over to either However, there is a new and even greater terror Chinatown orKing's Wong in the near future. NewYork, New York on Niagara Falls sweeping throughWestemNew York:Buffalo Boulevard is the sole member ofthe' 'miserChinese Food. It seems that every American city has able' ' category. While theirfood isdelicious, one tragic flaw. Los Angeleshas earthquakes, they should beembarrassed by theirhighprices, New York has Rush Limbaugh, Newark has minuscule portions and dreadful service. A toxic waste and Buffalo has terribleChinese meal at New York, New York resembles a Food. I implorePresident Clinton to put a stop prison sentence in terms ofdurationand treatto this continuous onslaught against our taste ment. A typical portion at this restaurant is not buds before the casualties begin to pile up. even large enough to satisfy achild' sappetite. insult to injury is the fact that their Adding I decided to sample five typical Chinese are restaurants inBuffalo. These establishments prices quite expensive. Ifyou choose to can be placed into three separate categories: dinehere, expect to leave feeling frustrated, decent, miserableandhorrible. Chinatown in tighter in the wallet and hungry. the Sheridan-Delaware Plazaand King' sWong China King, which is located on the be corner ofMaple Road and North Forest, and in the Sheridan HillsPlaza should classified as "decent". These two restaurants special- Tops International belong in the''horrible" ize in take-out serviceand offer a fullarray of category. These two establishments should pass out stomach pumps instead of fortune tasty and delightful dishes. These establishments shouldbeproudofthe factthat they offer cookies at the end ofeach meal. Not only is exemplary serviceand hearty portions while their foodunfitforhuman consumption,but it keeping their prices at a surprisingly afford- has beenrumored thatanimalright' s groupsare The Opinion March 22,1994 Page 8 ton then goes into along speech in front ofthe jury thatno real judge, oropposing attorney, would have everallowed. Now you may say whatdoesthishaveto dowithmaking amovie? With filmslike TheFirm andJ GoodFewMen, which at least attempted to give a somewhat accurate reflection of the law, I think the averagemoviegoermaynotbewillingtogrant such aremote''willing suspension ofdisbelief ' (or maybeitsjustthe sinofbeing in law school). Asafollowup to themovie, I wasdisappointed to learn that the family on which this moviewas basedare currently contemplating a lawsuit forreceiving no credit in the film. They claim the moviewasbased onnumerous interviewsandlegal documents oftheir son' s court case, yet Hollywood choose not to acknowledge theirhelpand contribution in the making ofthe film. I thinkthis justfurther goes to show thatHollywood stillhasthealmighty dollar as its main interest. No one canquestiontheimportancethat thismoviewihhavemajmpellingHollywood to continue to grapple with the realities of AIDS, but I hope inthe future thatfilmmakers do a better job. It was a good movie, but the subject matter deserved better. |Out andAbout in mVI protesting the possibility ofitbeing served to innocentpets. ChrnaKingandTopsareonly for certain individuals that possess rock solid stomachsandahightolerance forsuffering. If you are a fan of self punishment or want to experience new levels ofmisery, then these places are foryou. I know the situation seems hopeless, but this extremely sad story does have a happy ending. There is one restaurant in Buffalo that willput a smile on even the most fickle Chinese Foodconnoisseur's face. This culinary haven goes by the name of Jasmine and is located onNiagaraFalls Boulevard, Jasmine is a Thai Restaurant, but if you like Chinese Food then you' 11 certainlyenjoyThai cuisine. Simplyput, theirfood is delicious. They only serve the freshest vegetables and offer a vast array ofpoultry, beefand seafood dishes. In addition, Jasmine's atmosphere is extremely relaxing and comfortable, making itan ideal place for that special date. The moral ofthis story is that ify ouare looking foracomfortable restaurant that serves delicious food at affordable prices thenJasmineis foryou. ill If ■*"-** •■"**l �Alumni Focus: Class of '72 Mark G.Farrell, Town ofAmherst Justice ableto facechangesintheprofession. Hehas very busy and challenging." heattributes his heavy caseload to avery efficientpolice force. also been involved with die moot court programand hasbeen instrumental in extending Even so, he does not seem to mind the 25-30 hours he puts in each week. coverage to alumni across the country. When asked whatadvicehewoidd give Thereal character ofMr. Farrell, however, may be apparent with his most current to today's law students he said, "you are undertaking;thatofAmherstTown Justice.As entering the most difficultand challenging if managing a law firm is not enough, Mr. times facing young attorneys. The competiFarrell decided to take on the challenge of a tionis fierce, itisveryimportantthatyouknow lawyers on the take, more ofMark Farrell's local criminalcourt. Concern foryoungpeople from the onset whatarea ofthe law you wish kind are justwhat the doctorordered. and frustration with the limited choices in to pursue." he went on to say that because dealing with youth offenders, Mr. Farrell has FarreH say shis philolosphy on life stems from a deeply held commitment to personal established a task force to search foralternato an and professional excellence in allhis endeavtive ways of rehabilitating and sentencing stance ors. Forhimthatmeansonceyou havecommityouthoffenders. Hesays, "weneed to take an aggressive stance toward the problems in our ted yourselfto anactivity ororganization you shouldseek to improve theperformanceand/or communities.'' Farrell believes we are on the brink o fa very serious problem withviolence reputation oftheorganization or group. In other our and drug use. "We all need to be concerned words,leave itbetter offthanwhen you found MarkG. Farrell, Class of1972 it. Oneonly needreadhis resume to beassured lawyersto its current sizeof8. Farrell specialbecause sooner orlaterthe problem willendup he means just what he says. The five page izes as a defense attorney handling product on ourfrontlaws." In Amherst,where 80% of specialization is the name ofthe game, studocumentreads likeayeUow pages listing of liability cases, medical malpractice and gentheperpetrators are from outside thetown, twonegligence. eral thirds ofthelarcenies arecommitted n by those dentsneed to utilizenot onlytheirundergraducommunity organizations. to a 1972, addition his as responsibilities In funding a drug habit. Farrell sees drug use as ate degrees, but should consider supplementAfter graduating from U.B. in Farrell worked as a law clerk, an associate managing partner in the firm, and hisnew job beingattheheartoftheproblem. "Weneedto ing their education with technical degrees attorneyandas ChiefArea DefenseCounsel for as aTownship judge,Farrell hasalso servedas attack the situation by providing some type of suchas engineering. AuthorMonroe Freedmanonce asked the U.S. Air Force. That stint gave him the past {President ofU.B.s general and law help forsubstance abusers to ensurewe don't you can beagood lawyerand agood associations. WhileAlumniPresident the Farrell whether seethemback in courtroom. "Mr. chancetorunhisownlawofficeattheripeold alumni At leastas far as Mark knows be a to person simultaneously? thiswill toughroe hoe. According age of 25. In 1974 he became the Senior here at the law school, Farrell workedalong Managing Partner ofFarrell &Quackenbush. side Dean Boyer to redesign the law school tohim,"this is apart-time jobwitha full-time Farrell is concerned wecansayunequivocally Under his leadership, the firm grew from 3 curriculum to ensure that students would be workload. I knew going into this itwould be yes! byDiannaL. Ramos, Contributor MarkG.Farrell, a 1972 graduateofU.B. Law School and a newly elected Town of AmherstJustice,is notyouraveragerun ofthe mull, blue suit fast talking attorney. Quitethe contrary, Mr. FarreH appearsto havebeen cut from a slightly different mold. With today public perception of lawyers on a steady decline, and plenty ofprime time jokes about "We need take aggressive toward the problems in communities." MarkFarrell — Circles Unplugged Today'sBenefitFor JournalFeatures 3LocalBands CROSSW RD® Crossword Edited by Stan Chess Puzzle Created by Richard Silvestri ACROSS 1 Hauler on the 40 Prepared 41 State of S Capacitance unit 10 "I Dream" (1967 hit) 14 Egg order 15 Saudi's 42 Salmon tail? 43 Metallic highway mixture 44 Beau lie? 45 Martin or Miller 48 Quickly, quickly 50 Thoroughfare 56 Sleuthing 16 Football Hall ofFamer Page 17 Jocular Jay "Cielito 18 " 19 Marmalade ingredient 20 Location 23 City on the Brazos 24 Kentucky Derby prize 25 Skewered pooch 57 Sadike cavity 58 Winter Palace resident 60 Proof annotation 61 Nation (1988 film) 62 The Stooges, e.g. 63 Now's partner 64 Gets all worked up 65 Cellar meat 28 Fifteenthcentury explorer contents? DOWN 1 Helios, to the profession? 32 Dick Van Dyke Show Romans actor 2 Green head? 3 Dinner reading 34 Outquip 37 Sandseur i p p P v WKp> Hr; p p Bj BpS p7 31 Mp2 37 38 55 Hit 55 55 55 63 46 47 Greene 39 They're often paid 43 Play the ace? 44 Swiss waterway 45 Overhead 46 Sample the woman 11 Smith, perhaps 12 Twist or stomp 13 Vicuna's habitat 21 Haul in 22 Antler point 25 If* sometimes stolen 26 Adolescent affliction 27 Ringo's responsibility 28 Ms. Guisewiteor her strip 29 Hanker 30 Warrior of 1899 32 Face on the wall sherry 47 Login 48 Piece of property 49 Secretary of commerce: 1969—72 51 Stowe sight 52 Honolulu bowl game 53 She was Joanieon Happy Days 54 Book before Nehemiah 55 Peacock's pride 59 Rubbish ITT 112 li |<o - [a [5 Bns Ht9 3 « ™ 29 35 X 39 HZ2 WKKLv^ 51 LJs7 Hel H&4 52 theCreswter. ... ment. ...Move, continuedfrompage! WF* m ■■■48 Doty Hall onbassand AlConrad on drumsback TheLast Encore For The Dark Marbles This is being billed as the last performanceoftheDark Marbles, as the band membersare going their separate ways. The last Dark Marbles'' 'last performance waslast Thanksgiving atNietzsche's. Yod'sfollowers just will not let theband fadeaway. At thelast performance, wildand deranged groupieswere heard uttering and feverishly chanting Yodis god! Yodis god!" Fans have been known to dance and stumble their way onto the stage, And theBands Played 0n mesmerized with the musical overtures and Headlining this musical extravaganza intoxicated by the exhilarating atmosphere. will be John&Mary. John &Mary consistof Onefemale fan, whokeeps abreastoftheDark the former 10,000 Maniacs guitarist and Marbles, saidthat theway Crewsy playsguitar songwriter JohnLombardo and violinistMary is like he is making love to the guitar and Ramsey. Ramsey hasworked withthe 10,000 everyone is invited to watch and participate. Maniacsandthe GooGoo Dolls. YodCrewsy eagerly looks forward toTuesday, Also playing isTheOriginalHot Cargo ashesaystheband wilTplayan acoustic setand StringBand. Thisbandisabluegrassgroupled he may sing his new song "Crewsyn for a by UB Law Professors James Atleson and Bruisin." The Yodster said that a special David Engel and featuring UBLaw Students drunken appearancemay be made by Butter DanMarcus and Sue Soong. and Squeeze and someone with a vowel in And last and certainly not least, the theirname. A drunkIrishman may be seen in Dark Marbles are making a special appearthecorner. Yodlooked intohis crystal balland ance. This bandhas changed much since its predicted thatno law studentwould be served birth at the Continental Club in 1987. It is withalaw suitat the benefit. So, he says, itis headed by singer/songwriter Yod Crewsy, a safe to attend. sorry UB law student by day and psychedelic Paul Roals vig was unavailable for com- rocker wanna-beby night PatKane on guitar, 30 33 ■p3 45 singer HBHMBI24 23 26 (OH) 35 Akershus Castle site 36 H.S.exam 38 Actress 10 Painted i 21 25 5 Kind of acid 6 Another kind of add 7 Called up 8 The Egg 9 "Drip Drop" His T7 33 Inner, in combinations 34 Mg Si 0,,- product agitation neighbor 31 JackFrost's 4 Smeltery byKevin P. Collins, ManagingEditor Tonight at 8 p.m., the place to be is the Lafayette Tap Room, located in downtown Buffalo at 391 Washington Street. Three local Buffalo bands are donating their servicesfor the ThirdAnnual Benefit for CIRCLES, the Buffalo Women's Journal ofLaw & Social Policy. CIRCLES is a publication of the University ofßuffaloLaw School. Itonlycosts $5 to catch three bands and the proceeds will be donatedto the journal. Mixingand mingling with any of your fellow law students is not required. ■■■ 49 53 54 "B * Ks Hes S^^H 5 " 01993 Crossword Magazine Int For a tree crossword puzzle catalogue, call or write: Crossword Magazine, Inc.. PO Box 909-A. Bellmore, NY 11710 (Sl6) 826-9479 See Page 15 For Answers effortsto regain controlofofficeand classroom space in the building. Headrick said that O'Brian Hall was originally designed and builtforthelawschool, but space and control have gradually been eroded by undergraduate classes. Asaresult, much ofthe space in the building, such as the Moot Court room, is not under law school control. Withthe possibility ofthenew curriculumbeing implemented soon, the law school will beneeding additional space. Theclasses currently usinglaw school space will beforced to find space in other buildings to accommodate them. Whether the changes to O'Brian Hall will be major or simply minor "surface changes" such as painting and recarpeting depends in large part on theresultofasbestos testswhich wereconducted recently to determine how much asbestos is in place in the building and where itis located. If there is not a lot ofasbestos found, majorrenovations could beundertaken; however, ifthe tests showlargeamountsorthat the asbestos is close to the ceilings, any major changes would dislodge theasbestos. No major changes couldbeundertaken soon anyways due to ÜB's recent financial losses. Regardless, whatever changes occur willnot happen foratleast three years with all thered tape that would be involved. Many people failed to hand in their proposals for changes tothelaw school bylast Thursday's deadline. TheSBA will befinalizingits draftproposal at this Wednesday'sSßA meeting. Any students interested inhaving a voice inproposed changes are urged to attend. According to SBA President SaultanBaptiste, this is the first time students have had an opportunity to submit a written proposal and influence theadministration's decision. March 22,1994 The Opinion 9 �Canada Center Reaches Out To TortureVictims SlaffWriter byJoseph Broadbent, OnMarch 8,FionaMenzies of the Canadian Center for the Survivors of Torture spoke about the center's workwith survivors oftorture intheToronto area. TheToronto center, which was the second such center established in the world,isa non-pro fit organizationdesigned to respond to theneedsofsurvivors of torture throughout the worldand to increase public awareness aboutthe wide use oftorture throughout the world. The Centerassists thosewho have been tortured themselves or who have been tortured by being forced to witness others being tor- hired. The Center employs a wide Menzies related that, in the variety ofprofessionals suchasdocpast, torture victims were deported tors, lawyers,andpsychiatrists who backto theircountries forridiculous offer whatever services are needed. reasons where they would likely be The Center also offers English as a killed or subjectedto further torture. second language, which is vital to While the situation has improved, helping the survivorsrelate to others the Center iscurrently advocating to and adjust to their new homes. make it easier for victims to obtain Ms. Menzies spoke about refugee statusandremain in Canada. some ofthe various methodsoftor- The Centeroffers the victimsassisture used to obtain information or tance in their preparation for hearconfessions from victims such as ings to obtain refugee status. The physical and mental torture, social press is prohibited from coming into isolation, rape, and being forced to the Center inorder topreserve confiwatch the torture or execution of dentiality and because the victims familyandfriends. Theconsequences are still afraid that their torturers to the victims include alcoholism, will find them. guilt, and suicide. SincetheCenter opened, other TheWomen Behind theWomen's Law Center Fiona Menzies ofthe Canadian Centerforthe Survivaloj'Torture centers have sprung up across the torture in Bosniaand throughout the U.S.andCanada. Menzies expressed world. Currently, the Center is acherbeliefthatthe press hasn't accu- tive in ensuring that aid gets to the rately reflected the prevalence of victims in Bosnia. Computer Stolen From P.A.D. Office Acomputerwasrerx>rted stolenyesterdayrrom the Interest Law and PhiAlpha Delta(room 725). * Journalmembers saidthe computer wasa Gateway 2000and Lexistenninalwerestolen sometime between Thursdayafternoon and yesterday. Journalmembers had previously expressed concern about the security ofthe office, noting the manykeys to the office floating around the school. Any informationconcerning the theft should bereported to Public Safety. ...Death Row, continuedfrompage 3 ' 'After the notice of appeal was filed, thelawyersreceived anotice for an expedited to by the state ofTexas in thatregard. briefing schedule and argument. Briefs were ' 'Theconstirutionalrightsofpeople due in early December. Thecriminal court of sentenced to death in Texas have really been appeals then decided, however, on its own whittled away to a greatextent. There isn'ta motion toreconsider themotions ofthestate in mechanism in Texasrightnow tomakeup for Grahamand Drew to questionwhetherthecivil that. In other words, Herrera was wrongly courts haveany jurisdiction to heartheDrew decided. TheßoardofPardonsandParoleisn't petition. "The state argued the procedure that a failsafe against the execution of innocent people. TheyhavetakenthepositionpubUcly, wasafforded Drew and Graham inthe criminal inresponse to our case, thatthey don' thave to courts wasadequate and the result was just. giveanyoneahearing. Ever. Iftlieydon'tgive Wewere ordered to stayall appellateproceedaguy like Drew a hearing, who are they going ings inDrgw untilthe criminal courts finishes tohear? This evidence is pretty alarming and hearing itsownmotion. That'swherethecase they're going to havehis blood on theirhands currently stands." Jackson said he's notan expert on the if they kill himin the interim. ' T think what'slikely is thatone ofthese deathpenalty,he's justfamiliar withthecase deathrow cases win end upbetorethe Supreme ofRobert Drew. He said, however, that his CourtagainonttiepremiseHerrerawas wrongly beliefthat thedeathpenalty is wronghasbeen decided,'' Jacksonadded. affirmed by his experience withDrew' s case. "Therearea lotofinmates on deathrow, Based on the courts decision in Herrera. Jackson fileda petition to theTexasBoard of people accused ofcapital crimes who don't Pardons and Paroleseeking ahearing beforea haveanymoney,"Jacksonsaid "Drewdoesn't neutraladjudicatory body whereDrew could He'sjustluckyenoughtohavecounsel thatare have theopportunity to presentevidence, cross- willing to workhardfor him. That'soneofthe examine witnesses and have thenew evidence thingsaboutthe death penalty thatmakes it so heardbysomeonepriortothetimehewastobe unjust. Ifyoudon'thaveanymoney and you're executed. In addition, the petitionasked that not lucky enough to havepeople whoarewillhis sentence be commuted to life. In the state ing to workhard for you, eitherbecause they ofTexas, the governor cannot commute the believe inyour cause or because they oppose sentence o faprisoner withoutarecommendathe death penalty, thenit's real easy torailroad tionfrom the Board ofPardonsand Parole. somebody into death. Drewundoubtedlywould Jackson said,''itwas filed in September have been killed on the 14th ofOctober for and hewas scheduled to be executed October example ifhedidn'thaveus working forhim. 14,1992. Astheclockkeptticking, itbecame ' T thinkthat'ssomething that underlies clear what the state was going to do: they just Blackmun' s disgustwiththedeathpenalty and weren't going to answer ituntilthe last minuie hisrecentvociferousstatementagainst it pubandnot giveus the opportunity.'' licly. Thatitjustcan'tbe fairly applied partly Jackson wentto civil courtand suedthe because ofclassism, partly because ofracism Board ofPardonsandParole onthepremise that and forotherreasons," Jacksonadded. executionofDrewwithout an opportunityfor ' 'This kind oflaw is stuffthat Iknew I a hearing would deprive him of his Texas alwayswantedto do.There areplenty ofpeople constitutional rights. The method had been whoare willing to do the kinds ofthings that used successfully by another prisoner in the peoplewillpaylotsofmoney for. Therearen't matter ofGraham v. TexasBoard ofPardons as many people whoare willing to do things for free forpeople whose constitutionalrights are and Parolees, et al. The civil courtrejected the appeal two on the line and those are some ofthe most days before Drew wastobeexecuted. Jackson important cases there are. Because those saidhe had to rush to get final notice and get a cases, ifthe constitutional defects are allowed stay pending theappeal. He said,' 'when the to be used as a premise fora bogus conviction intermediate civil court in Texas, the 3rd or capital punishment, then, in a way those Circuit court of Appeals granted our stay to things have a way to becomelaw over aperiod protect the subject matter ofits jurisdiction, oftime," Jackson concluded. According to the NAACP Legal Denamely Drew's life, the state appealed to the which is a fense higher Fund, Texas is the state thathas executed criminal court of appeals 1,1973. The themostindividualssinceJanuary court for criminal matters in Texas. * has to death, put civil Lone Star State 62 people court) "The state said they (the the case whichis over 29 ofthe 210 individuals percent away didn't have the right to take because itwas decided in criminal courts that who have been executed. By comparison, he was guilty and should be executed. The Florida has executed 31 prisoners (15%) and criminal court adopted await-and-see attitude Louisiana has executed 21 prisoners (10%) in tion of a possibly innocent person. Jackson continued,' T thinkthe SupremeCourt waslied (L to R): Suzanne Tomkins, BonnieButler 3L, JuliaHall IL, andKathyßimardiscussing the new Women 'sLaw Center, a non-profit legalorganization in downtown Buffalo. The mission ofthe Center is to provide legal services to working women and survivors of family violence. _^_^__ —____ Earthquake Canada's Political dubiousdistinction. Although the opposition is by Sharon Nosenchuck, News Editor On Friday, March 18, at the InternationalInstitute,Lawrence LeDuc, Professor of Political Science at theUniversity ofToronto, discussed the recent Canadian Federal electionand itsaftereffects. Mr. LeDuc's presentation, entitled "Canada's Political Earthquake(Andlt'sAftershocks): AnAnarysisof the 1993Federal Election,'' was sponsoredby theLaw School's Canada-US Legal Studies Centre. Mr. LeDuc, who, inaddition tohisacademic credentials, is apolitical commentator on Radio Canada International, the CBC, and the BBC, used theanalogy ofanearthquaketo describe the political landscape in Canada after theLiberal Party's landslide in the 1993 elections. Mr. LeDuc said that, similar to an earthquake, the electionredistributed thepoliticallandscape in Canada, rather than completely obliterating the past political land- not veryrx)werfulinCanada,Mr. LeDucpointed outthe anomaly ofaseparatist party servingas the official opposition in Parliament. The Reform Party, with its support mostly inwesternCanada, received 19% ofthe vote,winning 52 seats. And the New Democratic Party (NDP)received the votes ofameager 7%(nine seats) of the electorate, according to Mr. LeDuc's statistics. Mr. LeDuc's theory is that the campaign was a disaster for the PC Party, in part, because so many senior members bailed out after the resignation of Brian Mulroney as Prime Minister. This leftKim Campbell, who replaced Mulroney as leader ofthe party and PrimeMinister, to win theelection onher own, which is very hard to do in a Parliamentary system, contendedMr.LeDuc. Using graphs, Mr. LeDuc illustratedhowpublicopinionpolls showed thatthepopularity ofthePC increased scape. as soonas Mr. Mulroney resigned, but never The voters in Canada's 1993 federal wentup very much after that, evenwhenMs. election threw outtheruling party, the Progres- Campbell assumed theleadership oftheparty. siveConservatives (PC), replacing themwith Mr.Mulroney wasso unpopular, declaredMr. members ofthe Liberal Party. Canada has a LeDuc, that he "plumb[ed] new depths of parliamentary system, unlike the presidential discontent," and was one ofCanada's most system ofthe United States. ThePrime Minunpopular Prime Ministers. ister is not directly elected, but comes into Theseats thatthePC lost in Parliament powerbased on thenumberofseats in Parliadid not allgo to theLiberals, as 52%ofReform ment thatmembersofthe party win,whilethe votes came from dissatisfiedPC membersand leader ofthe party becomes Prime Minister. 53% ofthe vote that the Bloc received were Five parties participated in Canada's 1993 fromunhappymembersofthePC. Bothofthese federal election. parties have an uncertain future in national Mr.LeDuc told the large audience at politics, contended Mr. LeDuc. The Reform Party will lose the momentum ithad duringthe the International Institute the astounding results ofthis election. With41 % ofthevote, said past election, Mr. LeDuc informed theaudihe, theLiberal Party won 177 seats in Parlia- ence. ment. He noted thatthe PC Party, the former The future ofthe Canadian federation is majority party, received 16% ofthe vote na- likely to stay atthe top ofthe politicalagenda, tionwide, but this resulted in only two seats, regardless ofwhat happens withrespect to the party system, forecasted Mr. LeDuc. He feels because of Canada's electoral system. At first there was a toss-up as to that the future of the Bloc is bound up in provincial, not federalpolitics. And, he thinks which party would becomethe official opposition,but in the end, theBloc Quebecois (BQ), that the separatists in Quebec will not beable with 14%ofthe vote and 54 seats, won this 10 The Opinion ... Canada, continuedonpage 11 March 22,1994 as they had in Graham. the same time span. �...Council, continuedfrom page 1 Jessup Team Excels in Detroit The Student Representative has votingpower. Q: Do you favorany ofthe candidates? The Council' sposition withinthe University system is one ofthemost powerful positions at the University and oneofthe most important. Its duties encompass the whole University regarding such things as: rules, regulations, policies, facilities use and management, the hiring and firing ofthePresident, investigations, the naming offacilities (all enumerated under NY Education Law §356). A: Atthis time, and giventheavailable information, I will be officially endorsing Mr. Chris Castello. Q: What are some ofthethings you havedone as University Council board member? A: Well, I personally investigated the con- tracts of several part-time instructors at the Q: What Council decisions affect us hereat the undergraduate level in theSchool o fManage- UBLaw School? > by Charles Greenberg, Contributor TheJessupTeam,madeupofMichael Hueston,Brian Mercer, NoelleKowalczyk and Charles Greenberg, recently argued points ofinternational law before the "International Court of Justice," which was holding a specialsession in DetroitonFebruary26,l994. menL I wantedto determinewhatwere thenon- contract renewal practices were at the School ofManagement, and to make sure they were A: Some examples have been: O'Brian Hall space and use, the budget presentation to Albany for University use,and gradingpolicies. Q: Who are this year's candidates? A: ChrisCastello, ColleenO'NealandMichael Pierce. Q: What are the strengths ofthevariouscandi- dates? And where can we learn more about them? A: To startoffwith,I tli ink thatChris Castello has alot ofthestrengths thatare necessary for the position, suchas investigative abilities and self-guidance. He is action-oriented, willing , fair. These were issues thathad beenraised by some ofthestudentsthere. Bruce Isselbaecher, University Council Rep to takechances, very wellinformed, andaware ofthe Big Picture. CoUeenO'Neal'sstrengths (from what she has written —I haven't been personally in contactwith her)isthatsheworks under theDirectorofResidence Life and may know some oftheissues in residence life that need to beaddressed. Another strength is her goalto bea Dean ofStudents(which shows that she cares). MichaelPierce' sstrengths are that he's consistent, persistent,and lively. He was once on the University Council in 1978. Q: Whatlaw school issues or disputes have come upbefore the University Council while you have been a member? A: The only law-school related issue thathas come up to theCouncilhas been the issue ofthe identity of the Law School, with proposals ranging from getting a sign put identifying O'Brian Hall as the SUNY at Buffalo Law School and/or getting separate facilities constructed in the future oraseparate building on campus. ...Canada, continuedfrompagelO to get thevotes needed duringthe nextQuebec referendum forprovincial independence from Canada. While2 5%ofthepopulation ofQuebec is separatist, Mr. LeDuc predicts that it will be tough for the separatists to get the needed 50% ofthe electorateto vote' 'yes for separatism. Mr. LeDuc's conclusionisthatthe Progressive Conservatives will slowly rebuild, rising from the ashes to eventually become, onceagain,amajorplayeronCanada'spolitical firmament. Mr. LeDuc' sresearch concentrates on Canadian andcomparative politicalbehavior and political parties and elections. In addition to beingaprolific writer, Mr. LeDuc hasbeen co-investigator on a number ofnational and local election survey projects. He has coauthoredHijwVQtejsChange(l 990),PoHtieaJ Choice in Canada(1979,1980), and Absent Mandate(1984,1991), inaddition to articles in journalsaround the world. Thepresentation wasco-sponsored by theBuffalo CouncilonWorld Affairsand the InternationalInstituteofßuffalo. StudentTravelers Beware As college students prepare to travel abroadduring springbreakand duringthesummer months, the U.S. Department of State Bureau ofConsular Affairshas issued some warnings that every student should keep in mind. In 1993,m0rethan2,sooAmericancitizens werearrestedwhileabroad. Almost 1,000 ofthosearrested were held on chargesofusing orpossessing drugs. Increasingly foreigncountriesare intensifying their efforts to curtail drug use and students spending timeabroadare frequently unaware oftheramifications oftheir actions. Once students leave American soil, they no longer are protected by the U. S. Constitution and are instead judgedaccording to thelaws of the country in which they are arrested. While U.S. consular officers can visit jailed Americans to see that they are being Pledge! treatedfairlyandhumanely treated, they cannotgetthemoutofjailorinterveneinaforeign country's legal system on theirbehalf. Students are warned not to carry anything across boardersand be wary ofindividualswho request themto carry packages.Ifthey, must carry drugs for medical purposes, they shouldcarry a doctor'scertificateattesting to thatfact and shouldkeep everything inoriginal andlabeledcontainers. Hueston and Greenberg argued intwo sessions thatthe Court should find thatithad jurisdictionoverthematter, broughtby the fictional countries of"Freedonia'' against "Balboa,'' and thatBalboa had treated its refugee population poorlyand allowed itto travel to Freedonia. Mercerand Kowaczyk, in two differentsessions, argued the oppositeposition on behalfofBalboa. The team did well, tying for third place in tliecompetition. Mercer, whocame in fourth inafieldofaboutsixty competitors from fourteen law schools, was awarded best oralis!. Kowaczyk ranked sixthand just missed a best oralist awardby asmattering ofpoints. Huestonand Greenberg ranked eighteenth and thirty-sixth,respectively. In addition to this, the Team came within a single point of winning a best memorial (brief) award. Over-aIL the Team, coordinatedby ChristaBowden, was satisfiedwith theresults. The Teamalso had occasion to take They stayed in the Renaissance Center, whichis reputed to he the third tallest hotel in the world, and, on the first night, ate in a fine Italian restaurant. The second night, the Team ate in Carl's Chop House, a famous steakplace. Finally, some Team members ate in a revolving buffeton Sundaymorning. In addition to this, the Team rode onthe people mover,touredGreektown,and shoppedina dutyfree. in the local culture when in Detroit, Overaliitwasavery enjoyable experience for all. JoeAntonecchia Memorial Internship Established to advocating on behalf Association and the Latin American Law Students Association have established the United Farm WorkersInternship. Theinternship is open tofirstand second-year law students. One studentwillbe chosen toworkwiththeUFWm(3altforruaontoborandimmigra^ workers for ten weeks funded at $ 3,000. The studentwillreceivedirect trainingandassistance from theUFW legal departmentand will workonclient intake, immigration matters, interviewingand preparing witnesses, AgriculturalLabor Relations Board administrative proceedings, writing legalresearch memorandums, and much more. Thestudentwillbeprovidedroomand board at unionheadquarters and $ 10/week spending money. Interested students shouldsubmitaresume and coverletter to eitherKevinCollins (Box 630) orMariaGonzalez (Box 400)by 5:00 p.m. March2l. Applicantsmust be committed to nonviolence, public action, voluntarism,and socialjustice; the cover letter must indicate how the student iscommitted to the principles and why s/he is interested in the internship. Fluency in Spanish and a background in labor or boycott activities are pluses, but are not required. Applications will bereviewed by a committee who will select students to be interviewed via phone by the UFW. The recipient ofthe internship will beannounced at the Students ofColor Recognition Dinner on April 14. Law Students InvitedTo Law studentsare invited to attend the secondannual law-media seminar, "Law for Journalists/Journalism for Lawyers," presented by the Bar Association of Erie County BPILP solicitedpledges for its summer internshipprogram last weekinfront ofthe Law Library. (L to R): JoeBelluck, Les Machado, Mo Olives andBryceßaird. and the Greater Buffalo Chapterofthe Society ofProfessionalJournalists. The seminar will beheld on Saturday, April23 from 8:30 a.m. 12:15 p.m. at the Radisson Hotel in Cheektowaga. Local lawyers and journalists will discussmedia coverage ofthe criminaljustice system in two separate panels: "Covering Crime Stories: Breaking News and Court Cases,'' featuring speakers who workwithin the criminal justice system, and "Ontario's Bar's Law-Media Seminar Paul Tease Case: The Fair Trial-Free Press Controversy," featuring speakers from The Buffalo News and news directors from local network affiliates. Registration is $10 for college studentswithID and $ 1 5 forjournalists and attorneys. Toregister orformore information, call theBar Association at 852-8687 before April 21. "Congress shallmake no law... abridging thefreedom ofspeech, or ofthepress..." TheFirst Amendment - March 22,1994 — The Opinion 11 �CrmmrHtar)"nwimm)U A Stranger theDoor At volved in the politics ofthe recall election. Recalling Professor Olsen's Civil Procedure lectures, I thought about dodging the process serverbut changedmy mind, knowing that I had donenothing wrong. I accepted the summons when itcameabout2ominutes later. daynight. not At Dave Nemeroffs house, the phone Had the lights gone out in O'Brian it Hall Wednesday, might have been easy rang several times but each timehe orhiswife money for the process server sinceall ofthe answered, there was silence on the otherend. Theprocess server arrived soon after. respondents in the matter ofBaptiste v. StudentBar Association were scheduled to beat The process server waitedin a carparked WhenPaul inthedarknearPaulßeyer'shouse. HowtheSßAmeetingatsp.m. Wednesday. arrived home around the stranger ofthepower most did 10pm, outage, ever, inthe chaos not show. emerged from thedarkand servedPaul in his Sue Etu was the only namedrespondent driveway. Meanwhile, Saultan was desperately at the meeting room at 5 p.m. Saultan was there too. A strangewoman came to the door trying to find SBA Treasurer and respondent and signalled to Saultan. Immediately after, Marc Panepinto. He confronted SBA class a second stranger came in, went up to Sue, directorChristinHorsleyand toldher therewas an emergencyregarding the SBAbudget over identifiedherand servedherprocess. At5:30p.m.,1wasnapping onmy couch at Sub Board I and itwas essential that she tell enjoying thefreeday'' fatehad providedwith him where Marc was. She wanted to help theO'Brianpoweroutage. Thephonerang. It Saultan butdidn'tknow Marc's whereabouts. was Saultan. Saultan expressed his concern Marc had left early Wednesday afterthat I was not at the meeting, noting that I noon foramootcourtcompetitioninNew York. usually lefta note in the SBA office ifI was Saultan calledßobinLeve, the wifeofMarc's even going to be late to a meeting. I told mootcourtpartner andasked where Marcwas Saultan that Iwas allright and apologized for staying in New York. She didn'tknow. IfMarc thinking thatthe meetingwascanceled. Atthe hadbeen served in time, hewould have hadto leave the competition in order to bein court at aGroup Legal Services attorney in theStudent time, I was touched because he seemed concerned about my health. A half hourlater, a 9:3oFriday morning. Fortunately forhim,he Union. By Friday at 10:45am, the wholething wasnot served. wasover. Althoughl'dratherhavebeendoing burly process server wasatmy door. For the four ofusthat were served, the Actually, after Saultan called but before the serverarrived,l wastippedoffby Sue next day and a half were hectic. I stayed up ...Enemies, con tinuedfrompage 5 whocalledmeaftershegothers. Wewereboth nearly all night Wednesday drafting a legal the three ofusandAri anda couple ofothers shocked and, frankly,very anxiousabout the memorandum to an attorney Ihad notyethired, lawsuit. We had to be in court in less than 40 explaining the whole affair and defending would hang outtogether at Hillel, there was hoursandwehad no idea whatitall meant or myselfin great detail on all the parts inthe 30someone else whom we didn'tcare for. That even where we'd find counsel in so short a -page petition where I was mentioned. On otherperson wasthe one who wasthe subject time. Besides,both ofushadremained neutral Thursday,we scrambledto find legalrepresenofall ourjokes. Werallied together around in the SBA infighting and neither were in- tation. At I:3opm Thursday, wefirstmetwith ourmutual dislike ofhim. Ericwaspartofour group... up untilthe other guy graduated. You seethis type ofthingall thetime. s continuedfrompage 5 Duringthe early summerof 1990,Roseanne wetry to remove thesplinter from ourneighbors ravaging, greedy, power hungry,proud, murArnold turned offthe nation when she did dering, self-serving, self destructive, every eye. In otherwords, work on your major defisomething snip idwhile singing thenational ciencies before you focus on other people's anthem. She became someone to hate. One age, looks like everybody, entity called hufaults orworseyetblamethem foryours. Germankind. company was making dartboard posters of I'mnotsaying that anyone iscompletely many wasdownand out, butinstead oftrying to her. TheystoppedproductionwhenOperation Desert Storm began, and Saddam Hussein evil(although some ofus seem to come pretty help themselvesbecome better,they toldthemclose). What I am saying is that in order to selves theywere great and itwasthe otherguy's replaced Roseanne as the national villain. separate ourselvesfrom the greater (andmore evil that was causing all their trouble. Then everyonerallied around their mutual Even when we stop blaming the other dislikeofSaddam. scary) truth oftheHolocaust we justblame it on the Germans. It is much easier to say that guy, we stillrefuse to look at ourselves. One of In fact Saddam wasvery helpfulto the leftalone and underthe right circumstances the problems with our culture is this "your U.S. Forawar.OperationDesertStormlasted the Germans canbereduced tomonsters, than okay-I'm okay" approach to improved self avery,veryshorttime. But in that period, the itis to faceup to thefact thatthe holocaustwas image. Instead ofteaching people they can United States gained a sense ofpatriotism that shehad not had since the Viet Nam war. just oneofthe more blatantmanifestations of improve and giving them the tools to doit, we the evil in all ofus. Stores couldn'tkeepenough pinsandt-shirts just teach them to lower their "too high" The world spends so much timeand standards untilwherethey 're at isabove those oftheAmericanflag in stock. Allofasudden money trying to protect ourselves from each standards. Of course, the question of what bemgaveteranbecamerespectful and heroic. other.Theworldabounds withlaws protecting "improve" meansisopen for debate. Itisgood This isnotatalluncommon when there isawar. Infactmostpresidentsareatthetop rights and punishing people who violate those to always be content withwhereyou're at, but ofthe popularity polls right after a war. An rights. Maybe, instead of putting so much never be satisfied to stay there. Itis okay to be stagnant long fora whileas as it's lace to rest enemyofthecountry givesthepeopleareason ap emphasisontheotherguy.weshouldputmore energy into trying to contain the Hitler in and not a final destination. This might sound tobond together forone cause. ourselves! After all, we are all in the most like perfectionism, but thereare major differBringing the issue to ÜB, I am reminded ofan incident thatoccurreda couple powerful position to protect ourselves and ences. Perfectionism is the position that you ofyearsago. A controversial speaker was othersfrom our own hitlerish tendencies. As coming to ÜB. A group I was in rallied to hardas it might be to quit smoking, it would are orcan be perfect. What I am preaching is still take less energyandresources (even inthe acceptance that we all need a lot ofwork and protest him. People who didn't normally aggregate), than what society would have to we will never be perfect, but we should be interact gottogetherfordaysand daystoplan expend in order to outlaw smokingand then helping eachother to help ourselves withthose theprotest Oneeveningwhichwaspafticuenforceit Ifyou don't think smoking in your imperfections. Germany neitherloweredtheir larly "bonding" was when aradical group ownhome could everbeoutlawed(you'reonry standards norworked to actually attain them. started talking about using violentand illegal measures to stop the speaker. Weallbecame harming yourself you might say), justtake a Instead, they took the supremacist-''l'mallook at the seatbelt laws. It is easier and ready great, you are garbage, and the only one in our adamant view that we could not allow this radical group to take it that far. cheaper forme to get freecounseling ifI have reason I'm not doing better is that I haven't this uncontrollable urge to stealorkill than to taken out the garbage yet' '-approach. Justas we were one ofthe groupsprospend thousands ofdollars on enforcement Therewasa heated debate in myAdmintestingagainst the speaker,there were groups trying to catch and then prosecute me, not to istrativeLaw classabout whetherMohammed protesting on his behalf. For weeks, Xhe. mention the freedom weall lose having to be should be allowed to preach his own brand of Spectrumwas filled witharticlesbothforand anxiousall thetimeabout ourpossessionsand evil hatred. Someone thought itmight evenbe against him. Signs wereposted amidst the safety. Despite therecentaccusauons.Michael dangerous to let peoplelisten andlikened itto campus, bothpositive and negative, aboutthe Jackson's "man in the mirror" carriesapowthe Nazi regime recruiting on college camspeaker. erful message: "ifyouwanttomaketheworld puses. Until we are ready to accept our own Eventually thespeaker cameand went a better place takea look at yourselfand make potentialforevil,the cvil whoseconsequences Afterhe left,members ofmy groupwentback we spendalifetime trying to stay faraway from to not speaking to each other. Without an achange"! In the Bible it tells us that we should will bea Jo!closer than we think! enemyto bond us, wehad nothing in common. remove thetree trunkfrom ourown eyebefore I suspectthe sametiling occurred in the other ByBenjamin Dwyer MostU.B.Law students havenothadto think of service ofprocess since their Civil Procedure exam. But four ofus got an unexpected real-lifereview session last Wednes- ...Schindler List, - 12 The Opinion March 22,1994 anything otherthan deal with this those two days, in retrospect, it was actually a valuable educational experience. groups. Inmanyways.thelawyer/politician's purposeistogetustorallyaroundacause. It doesn'tmatterwhichsidewe'reon;the point is that we're on a side. To bring the issuehomejustlookatthe SBA scandal. Many people hateSaultan and want him ousted; many feel the opposite. Each issue of The Opinion is filled with lettersboth for and againsthim. Ever since the scandal startedithas been amajor topic ofconversanon. Asmuchaspeopleclaimthe scandalhas killed student interest in the SBA, I disagree. I've never seenpeople so interested inwhathappens. Asaresultofthe major questionas to what is legal within the SBA constitution some studentsare actively trying to form an independent judicial committee, whose main purpose wouldbe interpretation oftheSBA constitution. This probably wouldnothavehappened ifthe controversy hadnotcreated suchneed. Whateveryoumay think ofSaultan or Paul and Mark, bothpositive and negative, an independent judicial committee will beaverypositiveresultofthe whole matter. Another benefit ofthe wholemess has been thatstudents are no wstarting to question thepurposeoftheSßA. Rightnowthe SBA islookeduponverydisfavorabry. However, students are now trying to redefine itspurpose. ThepurposeoflheSßAissomefhingthe candidates for next year's Executive Board will have to concentrate on. When the elections happen, students willbetaking acloser look at whatthe candidates believe theirjob is,andhowthey' 11 goabout doingit Hence, thescandal has generated interest in the SBA, rather thanapathy. In many ways it's sadthat to get anything done,tohaveanysenseofunity, we need an enemy to uniteus. However itdoes work. I began this commentary by talking about three students wholive together, Mark, Ari, and Eric. Ari and Mark felt thattheir unity against Eric helped to keep them together. Recently Eric announced thatwhenthe lease ends hewill be movingaway from the other two. HopefullyMarkand Ari will beable to keep their sense ofunity, despite not having an opponent. Similarly, I hope that students here at UBLaw School willkeeptheir interest in the SBA, despitegraduationsand elections bringing an end to the controversy. However, ifmylatter hope failsto material- �...No Recall, continuedfrompage 1 taking any future actions or sanctionsagainst him, JudgeFlaherty again said thecourt hadno authority to stop the Board from taking any actions it deemed necessary, as long as those actions were in accordance with the SBA Constitution. In order to decide on the merits ofthe case, Judge Flaherty had to find thatthe court had jurisdiction to hear the case. Neubeck challenged the court's jurisdictiononthegrounds thatthe SBAisaprivate, voluntary organization. Shecited several cases holding thatthe courtlacked jurisdiction over the internal decisionsofprivate organizations. In his rebuttal, Brown argued that the SBA wasnotaprivate, unincorporated organization which would be beyond the court's jurisdiction, but was, in fact, a public organization established by the State University of NewYork atBuffalo, whichis a public university established by the state. He argued that since the SB A operates onmandatory student fees or "taxes'', it functions asaquasi-governmental body and its decisions are, therefore, subject toreview by the courts. JudgeFlahertywaspersuadedby Brown's argument that since the student fees were mandatory, the SBA wasnotavoluntary organization. Oncehefound jurisdiction over the SBA, 1 I ■ I Judge Flaherty saidhedidn'thaveto reach the were needed. due process question to decide the matter. When Neubeck argued that the Board He held that the SBA Board violated acted properly in trying toresolve the dispute theirconstitution by not adhering tothe recall as to what was meant by the ' 'general elec- requirements stated in the SBA Constitution. According to Article 7, section 2 ofthe SBA Constitution,' 'the petitionmustcontain the signatures ofregular members equal in number to 50 percent ofthe vote at the last general election." Board members disagreed onwhat constituted a "general election". Some Board members thought thelast general electionwas last semester'sspecial electionfor secretary/ parliamentarian. Since approximately 200 votes were cast in that election, only 100 signatures would havebeen needed to force a recall vote. Other Boardmembers saidthe "general election clauserefers to last year's general election. Sinceapproximately4sovoteswere cast in that election, at least 225 signatures wouldbe required for a recallelection. Under this interpretation, the originalpetition, which was presented at theFeb. 2 SBA meeting and contained only 115 signatures, would be invalid. Aftertwice voting to a draw in attempting to resolve this issue, the Board compromised and decided that 75 more signatures tion' ' clause, JudgeFlaherty bluntlyresponded, "Iknow whatitmeans," holding thatthelast general election was the electionheld inApril 1993. JudgeFlaherty added: ' 'The students shouldreadtheirconstitution.'' Baptiste was pleased with the judge's decision. "I've said all along that the way in which the SBA has been handling this situation is wrong," he said. ' 'These students were so hell bent on pushing a recall that they were willing to break the law to do it.'' Those named in the complaint were upset that the issue was taken to court at all. "The craziest thingabout thelawsuitis how ithurtpeople whohaveremained neutral and above politics throughout this wholeaffair, "saidDwyer. "From the verybeginning, Sue Etuand I have been completely objective and have not taken sides. For Saultan [Baptiste] to have dragged us into court showshis disregardforpeople whohave donetheirbest to give him a fair shake.'' Although Beyer wasdisappointed with the judge's decision, he highlighted whatthe BAR REVIEW ,**■»*. im ■ a I I | Persopali edComputefSoftware | I I I Immediate review of key bar exam principles I diagnostic feedback in 30+ MBE sub areas 1 I ■ W Customize your program by adding personal notes I I Two test modes double your study options J l^^ I 8 I judge decided not to do. "The fiduciary sanctions are still in effectand the investigative committee's findings critical ofthe president' sconduct are still valid," said Beyer,adding that" ifthe students wish, we simply need to get22 5 valid signatures to pursue arecall.'' ...ABA, continued frompage 3 The team said that the space problem will be noted in their report and that they have spoken withvarious law school and university administrators aboutthis problem. Another healed topic ofdebateamong the crowd was whether the Law School shouldbemoveddowntownorwhether the Law School should justtake the building back for onlyLaw Schooluses. The team asked theaudience about the interest ofthe faculty(or non-interest) to prepare competent lawyers to practice law. Theresponse ofone student was that a cornpetehtßeiearch md Writingfli&W) program isneeded to produce competent lawyers andtheadministration does notput enough emphasis on this. Another stated that the school doesn't have the money to devotemore resources to the R&W program, while a third felt that students are poorh/preparedfor R&W. In response to the team question, one student stated thatthere was no cohesion among the faculty as to what they see as their mission. Other comments included the idea thattheschoolneedsmore focus on legal ethics, and the declaration by one audience member who felt thatmuch had been learned in the R&W Program and that it was good preparation for success after graduation. Theadvice ofonelawstudent isthat you must go afterthe experience youwant at the Law School. Trying toendonahigh note, theteam asked audience members to comment on good thingsat theLaw School.Praisedwere the trialtechnique program and the theoretical backgroundreceived at UB thatwill standlaw students in goodstead in thelong run. Also notedbyamemberoftheaudience wasthe v ibrancyofthe Law School and its many student-run organization, and, that space and faculty support werenecessary to maintainthese organizations. Other positive things cited by studentsincluded that the Law School has a very supportive atmosphere, the learning processisnotsubduedby competitiveness, and the school has a good atmosphere for learning. Several students praised the Law School forits diversestudentbody, describing itas' 'heterogeneous and containing those ofmany different economic backgroundsand those who have gained some life experiences before enteringlaw school. However, a teammember commentedthat whenhelooks at thestudent body, itdoesnot seem to be very diverse with respect to race orethnicity. It was requested that the team's rebe port a tool thattheLaw Schoolcoulduse to take to the SUNY Central Administration in Albany so that the school can get morefunding. The team members evaluating UB Law are Richard Wirtz,Barbara Bintliff, Mark Robert Killenbeck,Donaldßurnett, JudithMaute,arid Charles C&hru: Wirtz is Dean and Professor at Tennessee, while Maute is a professor at the University of Oklahoma, and Killenbeck is an associate professorat Arkansas,FayettevUle. Team memberBintliffisan associate professor and director of the library at Colorado, Burnett holds the positions of Dean and Professorat Louisville, and Cantu isaProfessorat St. Mary's. March 22,1994 The Opinion 13 �...Editor Js Desk, continuedfrom page 4 tion clandestinely like that. We try to act as professional journalists whenever possible, and in fact wereat that time try ing to determine under what conditions we could publish the letter. We were looking into the feasablity of publishing theletter, when one ofthe original writersofthe letter (let's call him housemate A)retracted his statements,and asked thatthe original letter not be printed. Apparently, whatever financial dispute that existed between Saultan and this one sublessor was suddenly corrected. We can only speculate as to whatwords were exchanged orterms negotiated. However, this agreement was entered into while the other sublessor was on spring break, and this remaining sublessor, Mr. Chauncey Wood, neveragreed to the retraction or pulling the letter. In deference to his housemate, he has asked us not to print anything that would breach the ' 'housemate A Saultan'' agreement. I recently had the opportunity to speak withMr. Wood,and he was able to fill in some oftheblanks concerningthis wholeaffair. He admitted thatlast summer, he and' 'housemate A had only discussed therent oftheapartment withSaultan (with no mentionofthe utilities). Somehow, said Wood, Saultan assumed that thes3sopermonth rent would include allthe utilities (heating, oil, electricand telephone). Wood didnotthink that thisassumption was at all areasonable one. According to Mr. Wood, there wasthereafter some disagreement, after which Saultan agreed topay,as for the utilities, all the local and long distance phone charges thathe had incurred while staying at the apartBut evenafterreaching this agreement, Saultan apparently avoided paying these charges. Mr. Wood stated that he and his housemate tried to contact Saultan numerous times, but to no avail. Having paid the full ment. amountduethephonecompany(abouts3so), they resigned themselves to the fact that they wouldnever get theirmoney back. Sometime lastwinter, theycaught windfrom theirfemale friend atUB the story ofSaultan, the SBA, and thelnvestigativeCommittee,andthat'swhen they decided to write the letter, he said. Mr. Wood stated that, based on his firsthand experiences with Saultan Baptiste, and hissecond-handknowledgeofSaultan'sprob- The Opinion Bans SBA E-Board From Its Office To:Editorial Board Members the possibility ofinterfering with the free From: PaulRoalsvig, Editor-in-Chief expressionofideas. Therefore,the following ofTheOpinion policies will bepromulgated: 1. Henceforth,any andall officersof Recently, members of the Editorial the SBA Executive Committee (SBAPresiBoardofthispaperhaveexperienceddifficul- dent,Vice-President, Treasurer, and Parliaties in performing their duties in laying-out mentarian/Office Manager) are exempted thisnewspaper. Thecreation, modification, and final editing oflaw student news and opinionoccurs at eachand everylay-outofthe law school newspaper. Toallowthe Editorial Boardmembers thefreedom to perform theirjob duties; bersbepresentduring lay-outtime. 2. Furthermore, it is requested that any and all officers ofthe SBA Executive Committeeremove themselves fromthe vicinity ofthe Opinion ofTirpHiiring lay-out. 3. It is additionally proposed that ofAndtodirriirushtheriskofTheOpinion becoming a mere vehicle for the use oflaw ficers ofthe SBAExecutive Corrimittee, and school governmentpolitical factions; SBA Class Directors bebarred from holding And to obviate the possibility that The any Editorial Board positions atthe Opinion Opfflion will appear to be, or actually beThis proposal would not prevent the previcome, avehiclefor individual SBA officers' ously-mentioned SBAofficers fromholding self-promotion; positions as Contributors, StaffWriters, or And to eliminate disruptions in the from submitting letters, articles, and 6ther productionofTheOpinion: material to The Opinion. And to ensure general harmony and good-will; The Opinion hopes that this policy Itisimperative uiatofficersoftheLaw will achieve its intended goals, and hopes School StudentGovernmentnotbe allowed thatfurther measures willnot be required. lems hereatÜB, he " felt sorryfor Saultan. "It seemed to Mr. Wood that Saultan' 'has problems dealinghonestly withpeople.'' Furthermore, saidWood, "Itseemstome, Saultan has a real problem dealing withpeople in aresponsible way." These types of incidents, said Wood,' 'raise questions, in my mind,as to his suitabilityasa[future]lawyer. Ithinkhehas a lack of perspective on his own shortcomSo there you have it folks. The great ings." letter that didn't quitemake it into the OpinInmy conversation, Mr. Wood confirmed that the original letter had been retracted ion" story. We leave the significance ofall this, up to you, our readers. Does this letter because Saultan paid his phone bills. simply implyamisunderstandingbetween two sublessors and their sublessee, or acts indicative ofa continuing trend ofbehavior? You decide. ...Editorial. continuedfrompage4 attacks themessengerand notthe message, aclassic, textbook case ofthe' 'whistleblower syndrome." It is theweakestform oflogic to respond to an argument or charges by personally attacking the other person and engaging in an ad hominem attack. If the charges rendered against Baptiste are untrue and all theevidence put forth is incorrect, then why doesn'tBaptiste come clean and state that they are untrue and rebut the documents. Further,some havesaid thatthis isaraceorcolorissuea group ofwhite males trying to politically bring down a Mack male. This "reasoning" isonlypartiallycorrect,asitisacolor issue- the color of green, the color of between two to three thousand dollarsoflaw studentmandatory activity fees being misused by Baptiste. But this is nota racially motivated event; justbecause the SBA Vice-President and Treasurer are white and Baptiste is black doesnotmake the substanceofthe charges any different. The questionis: didBaptistemisuse themoney and betray hisposition ofpublic trustand ifso, dothe students want him to continue in office as their representative? TheOpinion believes thatjusticeshouldbeserved, and not lawsuits on fellow law students. According to the judge's ruling in thelawsuit, students can begin anew the process ofa recall election. Thisshould be done. 225 signatures shouldbe signedand collected. Then studentscan democratically vote whetherthey want Baptiste toremain in officeas their elected representative or whetherbecause ofhis pattern and practice of conduct he deserves to be voted out of office. The SBA InvestigativeCommittee found Baptist's conduct inmisusing fellow law students'money topayforhispersonalphone calls to bebad judgmentandimproper conduct. The SBA Board of Directorsvoted to take away hisfiduciary and financial powers, yet Baptiste laughs atthisand ignores it Baptiste firedawoman (who was not a law student) on her first day at work, a woman who washiredas theSB A administrative assistant,causing her torun cry ingfrom the SBA office. Baptiste mayhave even tried to use the tragic circumstances of 3L Class Director Joe Antonecchia'sdisappearance (andpresumeddeath)as ameans topreventquorum. Baptistewanted tokeep Antonecchia's seat open. This, ofcourse, made itharderfor theSBA to getquorum and takeany measures againsthim. However, hewas persuaded to declare Antonecchia's seat vacant at the following SBA meeting. And now, Baptiste has servedhis fellow students with a lawsuit. The Opinion believes that instead of a lawsuit being served,justice shouldbe served. Students should sign arecall petitionand then vote in arecall election. Reportedly, the judge let stand the SBA Investigative Committee's findings about Baptiste's conduct, that it was improperandbad judgment,and the SBA'svote to take away his fiduciaryresponsibilities. The judge also is supposed to have said that this ruling does not preventany criminalaction being taken about these events. If laws were broken, then Public Safety or the Buffalo Police Department should investigate to find if there was fraud or embezzlement. And the Character and Fitness Review Board mayalso find an investigationrevealing. Nevertheless, notwithstanding the judge'sruling, law students should be allowed a democratic vote in a recall election of Baptiste and in that manner let justice be served. 14 The Opinion March 22,1994 DeJtetfit for CIRCLES =psi wff? Buffalo Women's Journal Of Law & Social Policy 1^ MUSIC BY RYKODISC RECORDING ARTISTS -*c*to% Ifilfuju Z&\ t&M W% (■ 1/te Original'Mot Cargo String "Band — | Ifll ||BB XN |*TL $ 5 DONATION aaaa^^M ■ IIII1"1"1 Featuring Professor s Engel and Atleson and Vi(lV .tfl^fc. a host oflaw students TUEMAR22 LAFAYETTE TAP ROOM BUFFALO NY 14203 (716)855-8800 391 Washington Street /Ofi&i ™|" II W/A �Imminent New Recall ToSubject Baptiste ToA Recall Vote 221 Late Breaking News: SBA Director Says Coalition Has of22sSignaturesNeeded byEvan Baranoff,'.LayoutEditor Nemeroff said that therecall coalition anticipates subStudentßarAssociationPresidentSaultanßaptistemay mitting the new petitions to the SBA at Wednesday's SBA have won the latest battle, but his opponents are now four meeting, to be held at 5 p.m. in room 209. Nemeroff said it was "extremely important" to get signaturesaway from winning the war. Accordingto2LClassDiresctorDavidNemeroff,asof quorumatWednesday' smeetingso thatan independentßoard 9 p.m. yesterday, therecall coalition has collected 221 signa- member can be appointed to verifythe signaturesandrun the tures, four shy oftherequired22s signatures needed to force a recall election. According to the SBA Constitution, a recall election recall ofthe president. must take place' 'not less than 15nor morethan 30 days from the date of submission ofthe signatures.'' This would mean that, if thepetitions are presented at Wednesday' s meeting, a recall election can take place as soon as April 7, and no later than April22. SBA VicePresident Paul Beyer said:"Thefactthat22o students signedan entirelynew petition in one day is a strong indication that the students want a recall. The Docket TheLow down WHAT: "Father Knows Best," an educational play about domestic violence. WHEN: Tuesday, March22,7p.m. WHERE: Village Meeting House, 5658 Main Street (near corner ofMain & Mill), Village ofWilliamsville. LOWDOWN: Participate in this important event on the subject ofdomestic violence. Theplaywillbefollowedbya panel discussion and refreshments. Tickets are available at the door or call Amherst Council member Peggy Santillo at 631-7019. Tickets are $5 for students and seniorcitizens, $10 for everyone else. Allproceeds fromthe evening will be donated to the Family Offense Unit at the Amherst Police Department. This event is co-sponsoredby the Amherst Women' s Task Force Against Domestic Violence, Health Care Plan, Haven House, and Theatrefor Change. ... T MET A FANTASTIC <5-l«L lftsr weeK6A>D... DA2.xi.eD Heft. U)tT"H MV WIT", OUeftWHgLMgO HgR, CJITM riy CrMftM... ••• QUT MOST frlpoßTftrJTty.r ItiPfLß&eD HCft cjint My CMtuces Foft 6-emno- a- WHAT: Asian-AmericanLaw StudentAssociation presents Asian Food Fair WHEN:noonto 1 p.m., Wednesday, March 2 3 WHERE: 2ndflorrO'Brian Hall LOWDOWN: Lots ofFood. $3 aplate. \f fs°, l ytou TDUD HSA, YOURS &£>HUPt rtOH ? 6g/} gA?6-/A/ger\7) (NO,! j J j ] J Certified CandidatesforSßAExecutiveOffice Spring 1994 Candidates for SBA President Ben Dwyer Roxanne Marvasti Mikeßickard Join The Opinion!!! Candidates forSBA VicePresident Elections for Craigßrown Johnl.Leifert The Leslie Machado CandidatesforSßAParliamentarian/OfficeManager Reda J. Austin -: Opinion's •| Editorial Board positions will Emilia Chemyavsky AdamR Easterday § Candidate forSBA Treasurer g Electionsare Tuesday and Wednesday,Aprill2 andl3, from 9a.m. to4p.m., outside theLaw Library. 1 Elizabeth Anna Jewett fireakl) beheld s. g |> |. :* Friday,April 15. IfjuowtdQaujuwf Opinion Personals! maybe we'llprint 'em. 'emojfinbox29oand Drop Well, this is it Alex. The last one! Way to go, PeterI You ARE the Jessup Man I Jennie, Sony. I was a grumphead. Na, na, na.na. Na, na, na, na. Hey. Hey, Hey. GOOD-BYE! r —— — ■"- a-a.a-a-aaa.a-a- Crosswo rd Answers! — ■■ CROSSW RD»Cro»«word STIIM! I ■ F|A|R|A|DWH|A|D|A 0 v c rloman lalah L E oil I N D olr I N D nin] i n g i n[pll A C E I B otj[pM|C A BoMB N ■r v II I I KA 1 C E HID E A C O NllT O P £ N A Kg J_ N T H E GTR A S S S E TBL ATH E RMliiiA .k L vJßO||tc]olT '■':■ a I* BKO ° [!]ilixijßiß3!i*lEJßPëi Imlaln i n|t|h|els|t|r|eiel I B samX 5 J. 9_ I —— JLKamA .1 hTe|hleßb|aln|t|sßs|aTlTt SX 0006 L.iaiai.—.iai.H.i.iii.i.i.iJ March 22,1994 The Opinion 15 �BAR/BRI BULLETIN DATES TO REMEMBER EVENT DAY/DATE ~~ 0 official filing deadline FOR MARCH 11th MPRE " 0 —— -^■—" FILING DEADLINE FOR SUMMER 1994 BAR/BRI COURSE SCHOLARSHIPS "~ " - Lecture: MPRE (Tape Lecture) Presented by Stanley D. Chess, Esq. Location: ROOM 106 11AM 3PM FREE for BAR/BRI enrollees Time: Tuition: PJTJJBSrBAV, NOTE: 'MARCH 15— CLASS OF '96 & '97 WEDNESDAY, APRIL 13 - 1) 1994 BOOK DISTRIBUTION begins 2) CLASS OF '94 $150 NY DISCOUNT ENDS ($5O discount until April 13) 3) CLASS OF '95 $150 NY DISCOUNT ENDS ($125 discount until April 13) $225 NY DISCOUNT CONTINUES UNTIL APRIL 13 - - last day for: d book pick-up 2) DISCOUNTED TUITION WEDNESDAY, APRIL 27 filing period begins for JULY 1994 NY BAR EXAM THURSDAY, MAY 19 ny course begins WEDNESDAY, MAY 25 ny course begins at tape locations FRIDAY, MAY 27 filing period at live location ends for JULY 1994 NY BAR EXAM RAR RFVIFW buf-594 � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Opinion, 1994-03-22 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. Opinion Vol. 34 No. 13 Date Issued Date of formal issuance (e.g., publication) of the resource. 3/22/1994 Bibliographic Citation A bibliographic reference for the resource. Recommended practice is to include sufficient bibliographic detail to identify the resource as unambiguously as possible. 34 13 Publisher An entity responsible for making the resource available University of Buffalo State University of New York at Buffalo Law School Language A language of the resource eng Type The nature or genre of the resource Newspapers Text Is Part Of A related resource in which the described resource is physically or logically included. LIB-LAW003 Rights Information about rights held in and over the resource <a href="https://rightsstatements.org/page/CNE/1.0/">COPYRIGHT NOT EVALUATED</a>. The copyright and related rights status of this Item has not been evaluated. Please refer to the organization that has made the Item available for more information. You are free to use this Item in any way that is permitted by the copyright and related rights legislation that applies to your use. This digital collection is made available for research and educational purposes. Researchers are responsible for determining copyright status, and securing permissions for use and publication of any material. Copyright for items in this collection may be held by the creators, their heirs, or assigns. Researchers are required to obtain written permission from copyright holders and the University Archives prior to reproducing or publishing materials, including images and quotations. For inquiries about reproduction requests and permissions, please contact the <a href="http://library.buffalo.edu/archives/">University Archives</a>. If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/ec41c8c0be7c8697b460f22d6d129fc6.pdf 081ec35f21dc928ceff4f2055a704422 PDF Text Text Bringing llif issues to the students simvl949 O THE PINION Volume 34, No. 12 March 8,1994 STATE UNIVERSITY OF NEWYORKAT BUFFALO SCHOOL OF LAW It's In the Students' Hands Now Baptiste Faces RecallVote InlWeeks; Simultaneous Eection ForPresidentto be Held byEvanßaranoff,.'.LayoutEditor Student Bar Association PresidentSaultan Baptiste will face a recall election, according to the SBA recall election chair. Therecall election will take place on March 21 and 22 outside thelaw library from 9a.m. to 4 p.m. Therecall votehad beenonhold until 75 more signatures were added to theoriginal recall petition, which was presented Feb. 2. According to SueEhi.thechairoftheßecallCommittee, law students will vote "yes or no" on whether to recall the president. If a majority votes "yes" to recall the president, Baptiste will beremoved from office. Those voting "yes to recall Baptiste will also beable to write-in the person they want to succeed him if the recall passes, Etu said. The write-in candidate that receives a plurality ofthe votes will become the new SBA president. According to Article 3, section 3Cofthe SBA constitution, executive board membersareelected "by apluralityofthe votescastforeachoffice.. .providedthatthe pluralityincludes at least one-third ofthe ballots cast in the race. Should no candidate receive therequired minimumpercentage ofvotes, then the candidates withthe three highest numerical totalsof votes, provided each suchindividual total is at least 15 percent of the total vote, shall participate in a run-off election.'' Etu ...Recall, continuedonpage 10 Heated DebateTurnsViolent at SBA Meeting by.Jay Chaterpaul, Contributor In a heated debate over the constitutionality of the recall petition at the Student Bar Association's Feb. 23 meeting, one class director lashed out at a fellow colleague. At the Feb. 23 meeting, Sue'Etu, a first year class director and chairperson of the SBA's Recall Committee, declaredthat4o ofthe 88 signatures submitted to the SBA at thatmeeting (the original deadlinefor submission ofpetition torecall Saultan Baptiste, the SBA President) were invalid because thepetitiondid notconform to theSßA'sconstitution. According to Etu, the 45 signatures were on apetition which didnot specifically delineate thereasons for therecall, as the SBA constitution requires. This prompted a heated debate between Etu and 3L Representative David Nemeroff, whocontended thatdie SBA constit ut ion provides that (lie reasons for therecall, along with the signed petition, should be submitted to thepresident ofthe SBA, not to the students. His position was that it was not necessary that the students who signed the recall petition knowwhy theysigned it. Theemotional debatebetweenNemeroffand Etu took a violentturn whenNemero ffflung afull canofsodaat Craig Brown, a first-year class directorwhowas sitting nexttoEtu, and apparently agreeingwidiher position. The sodasplashed all overBrown, but he was not seriously hurt. Brown later stated:''It isunfortunatethat the SBA has beenreducedto this. Thisaction were more appropriate foran elementary schoolrecess than a SBA Board meeting. Saultan Baptiste, who wasnotpresentduring theinci- dentbecausehehadpreviouslyadjoxvrnedthemeeting.said he was appalled at Nemeroffs action. He stated that' 'law students come tolaw schoolforeducation. They shouldnot have to worry about [their] physical safety.... There is no logical excuse forassaulting anotherstudent." Concerned about the recent violentactions displayed at SBA meetings, Baptiste called in aPublic Safety official to monitor the SBA's March 2 meeting. Quorum ProblemDiscussed AttheFeb. 23 meeting, SBA directors also discussed waysto reduce quorum. Stillplagued by consistentabsences, resolving the quorum problem is still a goal for the SBA. Second and third year students have the most unexcused absences. Nemeroff proposed to hold absent members ac...SBA Meeting, continued onpage 10 King Daughter Calls For Racial Harmony 1969-1994 by Paul Beyer, Staff Writer ■ The Eighteenth AnnualMartinLuther g, Jr.Commemoration was personalized this yearby the presence ofBernice King, the Rev. Doctor's youngest daughter,as its keynote speaker on Thursday, Feb. 24, in SleeHall. The event was sponsoredby theMinority Faculty and Staff Asso JoeAntonecchia andfriends playing disc. See Joe. See the disc. See the classic smile. See the beer. Stop. Take time to drink the beer and play disc. Seepage 7forremembrances. Court Bans Military From UB Machado, byLeslieP. Contributor Late last semester, the Supreme Court ofNew York handed downadecisionthatcould havewide repercussions, not only fortheUniversity at Buffalo School ofLaw butalso for otherschoolswithinthe SUNY systemandlaw schools throughoutthe country. Judge DianeLebedeff decided thatthe U.B. Law School policy ofallowing themilitary to recruit on campus, to use the facilities and the placement services ofthe law school, was in conflict with the state's Executive Order not allowing employers who discriminate against homosexuals to avail themselves to resources ofa state agencyand thus could not be allowed to continue. Evan Wolfson, a senior staffattorney at the Lambda Legal Defense and Education Fluid, whorepresented the lesbianlawstudent who filed the lawsuit, called the decision "a weapon to be used against discriminationeverywhereandnotjust forlawschools.'' Wolfson said the decisionapplies to all schools within the SUNY system and could be used by mdi viduals in other cases against otheruniversi- ties. Debbie Gottschalk, president of the Lesbian, Gayand Bisexual Law Society said, "we were ecstatic about winning. We think it'sagreat day forBuffalo andI'm sorry thatit tooka lawsuit tobringBuffalo intoline witha majority ofthelaw schools and the American Association ofLaw Schools who don' t allow militaryrecruiting on campuses.'' Askedifshebelievedthedecisionwoukl havea longterm impact withrespect to changing attitudes or behavior, Gottschalk said,' 'I know ofone personwho didn'tpursue an application with the JAG corps because of the military policy on discrimination based on sexual orientation. Any time law students come forward and assert theirrights, it educates fellow studentsand breaks down stereotypes and prejudices.'' Nancy Stroud,treasurerforLGßLS,said, somebody outtheremustbe looking out forus. Itwas Military, coniinuedonpageS ' 'when the decision came, it was like ... ciation and the Office ofthe Presiden ofthe University a Buffalo. Re v c re n < King' s dynamic ora tory shook the pris throughAMEN (Active Ministers Engaged in Nurturing), an organization sheco-founded. TheKeynote Address waspreceded by introductory remarks from Marjory Avant, President oftheBlack Law StudentsAssociation(BLSA). Avant'sownfather foughtforthe rights ofthe traditionally disempowered and "One oftheproblems with this country is that we know how to celebrate holidays, but we don'tknow how to celebrate life." tinewallsofSlee Ha and inspired the audience to frequent emotional cheers and applause. Even though her cadencewas clearly reminiscent oflier father, it was evident that she had developed a very effective speaking style ofher own and was well on her way to becoming a preeminent spokespersonfor peace andracial harmony. King made her public speaking debut before the United Nations at age 17 on apartheid in South Africa. Eight years later, she gave her trial sermon at the Ebenezer Baptist Church, where her father had also preached, and she was ordained two years later. As both an ordained minister and an attorney-at-law, Rev. King currently serves as an advocateanda rolemodel forat-risk youth —BerniceKing actually met Martin Luther King, Jr., who visitedhis homeafter aspeaking engagement. "As a childofintegration,I havereaped therewards ofthousands ofpeople whomade sacrifices during thecivil rights movement to guarantee me a place in the greater society," saidAvant.'' I benefit from therights thatmy ancestors couldnotenjoy.'' Bernice King focused on four primary areas in her presentation: public policy, vio- lence, racism and socialchange. Sheprefaced these topics with an emotional critique of America's misdirected penchant forcelebration. "We celebrate Columbus Day, even .King, continuedon page 10 HIGHLIGHTS GroupSpotlight: P.A.D Editorials and Opinion Mailbox Joe, Ruth and Joanne Remembered Roaming Photographer. Student Fights For His Privacy Rights Docket 3 4-6 7 8 9 I I �NOW, HERE'S THE DEAL . ***THIS OFFER BEGINS ON FEBRUARY 14,1994 AND ENDS ON MARCH 18, 1994** EASY AS ONE, TWO, THREE... ONE: REGISTER FOR PIEPER=> RECEIVE $100 OFF (THIS MAKES YOUR COURSE PRICE $1295) TWO: REGISTER WITH A FRIEND=> RECEIVE $150 OFF! (THIS MAKES YOUR COURSE PRICE $1245) THREE: REGISTER WITH 2 FRIENDS=> $200 OFF! (THIS MAKES YOUR FINAL PRICE $1195) IF YOU HAVE ALREADY REGISTERED WITH US, THEN REGISTER ONE FRIEND AND WE WILL DEDUCT ANOTHER $50 FROM YOUR BALANCE AND YOUR FRIEND WILL GET THE $100 OFF! WE DIDN'T FORGET YOU!!! SIMPLY RETURN YOUR APPLICATIONS AND DEPOSITS TOGETHER AND WE WILL CREDIT YOUR RESPECTIVE BALANCES. IT'S THAT EASY! SEE YOUR PIEPER REP NOW!!!!!!! PIEPER NEW YORK-MULTISTATE BAR REVIEW, LTD. THE EDUCATED CHOICE!!! CALL 1-800-635-6569 �SpeakerTalks About Gender, Crime and Punishment PhiAlpha Delta PAD Works Hard For Law Students byM. Bridget Cawley, Contributor byDiannaL. Ramos, Contributor Busy,busy,busy! That's what the 70 Phi Alpha Delta joiningP.A.D. Christinrecalls atime during a recent jobinterview whenbeing a P.A.D. member paid off. It seems the interviewer was also amember ofP.A.D., evidenced by (P.A.D.) members have been this pastyear. In addition to organizing afood drive the fraternity plaque hanging on the wall. As farasChristin is concerned, this connection lastNovember, providing firstyear law students with orientation/survival materials, provided something totalkaboutand worked and publishing the very handy law school as areal ice breaker. In case you're wondering what else student directory, theyhave somehowmanP.A.D. is cooking up, there are plans for a aged inrecent weeksto sponsorablood drive fortheRed Cross, and holda carnationsale to speaker to address the students on "How to Manage aLaw Office'' scheduled for someraise money for theirorganization. Allofthis is in addition to conducing recent elections. time in March. Interested students should Now ifthat's notenough to makeone wonder checkthe usualplaces forposting oftimeand where they find timefor asocial life, nothing ■Mi: Jplace. On April 18and 19,P.A.D. willsponsor Christin Horsley, Justice ofP.A.D. another blood drive for the Red Cross, and will. None ofthis shouldreally come as a officers, along withtherestofP.A.D.'smemurge all students tohelp out by signing up to surprise.ho wever; considering thegoalofthe bers at U.B. Law, joinan impressive group. donatemuch needed blood. Plans for next year include joining P.A.D. organization. According to newlyre- Othermembers ofthe organization have inforces with twootherstudentgroups, Amerielected JusticeChristin Horsley,' 'our main cluded six United States Presidents, (includgoal and objective is to organize activities ing President B ill Clinton), tenU. S. Supreme can Women's Law Society (A.W.L.S) and which will servethelaw studentbodyaswell CourtJustices,fiftyLaw SchoolDeans, seven theLaw Review, to provide additional assisas the community at large. It is also a great U.S. Attorneys General, and more than 35 tance to incoming first year law studentsby opportunity for people to get involved and Senators. All together, P.A.D. boastsmemberactually contacting them overthe summer to make new friends.'' shipofmorethan 130,000andis considered the answer questions they mayhave aboutho usThe recent P.A.D. elections resulted largest international law fraternity with over ing or the school in general. in the addition offive first year students to 172 chapters throughout the United States, Any students who are interested in committee positions. The election results Canada, PuertoRico, andMexico. were Justice,Christin Horsley, Vice Justice, Horsley thinksbeing amember ofP.A.D. P.A.D. membership can contact Christin VenitaParker, Treasurer,Laurie Wienecke, makes very good sense. She says that the Horsley directly at box 410 or stop by the Co-Marshals, JillZuberand Heather Baun, increased networking between students and membership table during this week. AppliActivities Coordinator, Eric Dawson, and attorneys, as well as an enhanced community cations formembership and additional inforAlumni Coordinator, Paul Antonowicz. These profile are just some of the advantages of mation will be available. 1 Tax Moot Court HoldsAnnual Competition byHelenPundurs, Contributor TheBuffalo Moo tCourt Board held its annualMugel TaxMootCourt Competition on February 24-26. Sixteen teams competed, including two teams from Buffalo. One ofthe Buffalo teams, consisting of3LsKevinWoods, Francisco Duarte, andHelenPundurs, advanced to the semi-final round, where they lost to Dayton. Dayton went on to win first place, as wellas theaward for Bestßrief. Many judges commented thatthequality ofthe competitors was extremelyhigh, and thatthe competition itselfwas very wellrun. TheAssociate members ofthe Buffalo MootCourtBoardran the competition and the problem was written by Left to Right: HelenPundurs, Francisco Duarte, Prof. A ibertMugelandKevin Woods Professor Nancy Staudt. Phot byKe lan Stern X C^/J^\COk // (EeaturingJohnLombardo andMarffm (fohn and Mary) J) (Hot CargoStrimß^^^MmzYfK~J^^ Although many people view the criminal justice system as a reflection of race and class differences, gender is an overlooked factor, according to aprofessor ofsociology atthe University ofMichigan. Kathleen Daly, who has also taught atSUNY Albany andYaleUniversity.spoke to a group ofabout fifteen people on February 17regarding the effects thatgenderhas on criminal punishment. Daly, who wasat UBlawteaching aßaldy (Center Short course, presented findings fromresearch she conducted for a book being published in July entitled Gender, Crime, and Punishment. She conducted a five-y ear study oftheNew HavenFelony Court in Connecticut. Daly takes Ihc position thatprevious approaches alone are insufficientto study theproblem. Herapproach wasto work withboth qualitative and narrative research. 'Thedominantway that discrimination disparity lias been analyzed in the criminal justice system has to be changed if weare to understand what is happening to accused women, saidDaly.' 'Unless better and more finely textured materialsare gathered it will appear that women are favored in court when they arenot." Daly explained how previous approacheshave beeninsufficient incomprehending thepatterns of the justice system. Data from traditional statistical studies is usually sparseandmeasiiresforpiinishment are cnide. Numbers from such studies revealpatterns contrary to sociological conclusions. Daly also criticized the narrative approach used by legal scholars and prison advocates whichfocuseson and compares extreme cases. Daly suggested that this approach spawned the 1970sprison reform in an attempt to redressracial differences. However, thisreformhas adversely affected female defendants because it claims to makepiinishmenl gender neutral. Thistheory worksto closegapsbetweenmenandwomen by treat ing women morelike men. "There isablindspot in thecriminal justice system", according to Daly. "No one seems to say that equality may be achieved by treating men more like women." Daly takes the position that neither traditional disparitysiudiesnorcompelling narrativeapproachesaloneare satisfactory inunderstanding therole o trace and gender in the criminal justice system and that a moreproductive approach is to combine and contrast the two. From the statistical research, which refers to as her "wide sample", she Daly concluded that gender effects heldacross race groups. However, while race effects were present within a gentler group, they weren't as strong. In analyzing the narrative research, or "deep sample", Daly looked at three different variables ofthe defendant's past. First, sheexamined thepathways to felony court. According toDaly, the females studiedseemed to haye apast more troubled and scarred by victimization. ' 'These gender differences are part real and part amplified by a gendering of knowledge about life experience," claims Daly. She said it was interesting to note that the pre-sentencing investigators, who JO) \ Yod Crews)} (tx aremostly women, made more links between a female defendant's victimization and experience in the past than with the men. Thesecondaspectoftliedeepsample ...Speaker, continued onpage 10 March 8,1994 The Opinion 3 �Opinion Mailbox TePINIONiBf* E SBA President Speaks On Firing of Secretary Volume 34, No. 12 Founded 1949 Editor-in-Chief: ManagingEditor: Business Manager: News Editor: Features Editor: March 1994 Paul H. Roalsvig Kevin P. Collins Lisa Nasiak SharonNosenchuck Peter Zummo Layout Editor: Evanßaranoff PhotographyEditor: Dan Harris ArtDirector: KathyKorbuly StaffWriters: Karen A.M. Bailey, Saultan H. Baptiste, Paul Beyer, LesMachado, and SteveBalet Contributors: BridgetCawley,Eric DawsonandHelenPundurs and Joy Trotter Computer Consultant: PeterBeadle EDITORIAL Saying GoodbyeTo Friends This law school and thelaw community have lost three ofitsrising stars. The staff of The Opinion is deeply saddened by this loss, and we wish to express our sincerest condolences to the friends and family of Joe Antonecchia, Ruth Ritchell, and JoanneFuchs. There are no words that can adequately express the type of griefand sorrow that those persons close to these three friends have experienced. Many ofus still are still in shock and disbeliefthat three such wonderful young, intelligent, caring persons are no longer with us. Itmay seem difficult or impossible to envision anything goodcoming from an event that hasbeen so terrible and gut-wrenching for so many. But (this occasion demands that we ask) howwould our livesbe differentifthey were still here? Ifthose three persons were here with us today, would we still be going about our normal routine tasks? Probably. Butifthereisalesson to be learnedfrom such a personal experience oftragedy, it'sthat we far too seldom appreciate from moment to moment the people around us and what each of them contributes to our community and to us. And ifa tragedyin general would teach us thatlesson, whatifanything can we glean from the loss of these three in particular? The answer to that will vary from person to person, andthe variety ofresponses will probably cover the spread which would be the cartesian product of the number of those we have lost times the number of us of feeling that loss. However, something that can be said of each of these individuals is that each was committed to bringing about positive change. And, without implying that we could guess what any of these friends of ours would have wanted, we believe we are safe in our conviction that a fitting tribute to their memory would be for each of us to try to live our lives as they lived theirs, and as we imagine they would have continued to so live. Weknow, as you may too, that this is, as they say, a "tall order.'' But as we continue to study the law, and as we enter the profession, wecan and should try to emulate that spirit of true justicethat each ofthem represented in their own way. Throughout the last few weeks, the lives and activities of Joe Antonecchia, Ruth Ritchell, and JoanneFuchshavebeenheldupto scrutiny by the media, by their friends, and by their families. On occasion, some of us have been troubled by an apparent inadequacy on the part of the entity doing the scrutinizing to convey the extreme complexity of the person something we wish could be well communicated at thetime oftheirpassing fromus. On this occasion, The Opinion may also beaccused of falling short of this goal. If this is the experience of any of our readers, we apologize in advance. Nonetheless, we did not want to let this occasion pass without making some expression of our feelings towards it. Joe, Ruth, and Joanne, if you'rereadingthis, you will be sorely missed. Peace be with you. — Copyright 1993. The Opinion.SBA. Anyreproduction ofmaterials hereinis strictly prohibited withoutthe expressconsent ofthe Editors. The Opinionis published every two weeks during theFall andSpring semesters. Itis the studentnewspaperof theState University ofNew York at Buffalo School ofLaw. The views expressed in thispaperare not necessarily those ofthe Editors or StalTofThe Opinion. The Opinion is anon-profit organization, thirdclass postage enteredat Buffalo, NY. Editorial policy ofTheOpinion is determinedby the Editors. The Opinionis funded by theSBA from StudentLaw Fees. The Opinionwelcomes lettersto theeditorbut reserves theright to editfor length and libelouscontent. Letters longerthan threetyped doublespacedpages will beeditedfor length. Please do not put anything you wish printed under our officedoor. Submissions can be sent via, Campus or UnitedStates Mail to The Opinion.SUNYAB Amherst Campus, 724 JohnLord O Brian Hall,Buffalo, New York 14260 (716) 64 5-2147 orplacedinlawschoolmailbox76l. Deadlines for the semesterare the Friday before publication. The ideas expressed in the "Letters to the Editor" and on the commentary pageare not necessarily endorsed by the Editoria I Board ofThe Opinion. 4 The Opinion March 8,1994 Although it would be clearly in my ;t to publicly explain why Mrs. Leve, wifeof2LDavidLeve, was legally firedlast semester, suchadiscussioncouldopen SBA to potential litigation, albeit such litigation would beunfounded. Let' me explain. Although SB A is a student organization, it is also the only law school student organization which exists as a legal business entity. As suchjustlike any business, thereason for firing an employee is not publicly circulated lestthe employee suethebusiness fordamages. One such claim could possibly bethat such arevelation couldhinderheringainingormaintaining employment elsewhere. As SBA President, I have anobligation not to make thosereasons public. Asfuture lawyers, I hope you can see theposition I am in -1 had sound reasons for firing her, but I am constrained from publicly disclosing those reasons. IfMr.Widholmwaspresent(andlthink hewas) duringthe specialDecember meeting when this matter was firstdiscussed,he would haveheardme inform everyonepresentthat 1) there were validreasons forfiring Mrs.Leve, 2) given that SBA operates under New York State Open Meeting Laws, having such a discussion in a meeting would open up the SBA to potential liability, and 3) I had no problem discussing the matter whiletheBoard was in Executive Session and interested studentscould attend as long as they adhered to the rules ofExecutive Session and The Opinion was notpresent Ifwehad quorumand I didnot have a personal emergency that night, the issue could have been discussed thatnight. In addition, oneofthereasonswedidnothave quorum was because the meeting was not a regularly scheduled meeting. Up to this time no such request has been made for an executivesession (but onecould bet that one is probably coming up after this letter is read). However, I can saypublicly thatrevengewasnotthereasonfor her firing, as Mr. Widholm suggests. I also informed the other members of the Executive Committee as to why she was fired, butit seems itwas easierfor them to get others to complain since they also can't express thosereasons publicly ifthey have any measure ofconcern forthe SBA. I apologize to Mrs. Leve for having her employmentbecome an issue ofpublic discussion, but letters from students such as from her husbandandMr. Widholmhaverequiredthatl address this matter albeit four months after it occurred. Itis unfortunate that such asensitive should be usedas a political pawn. ' - Kγ Saultan H. Baptiste SBA President Recall Them All To the Editor: downplaying any actions which SBA President Our futurelawyers seem to mistaking Baptistemayormaynothavedone,Mr.Lynch's the SBA for a court ofjustice. Rather than letter and mine, voice the students' wish that devotingtheirtime to fulfilling their function, the SBA concern itselfwithenhancing student our''representatives'' seem benton gaining life and education, not with sentencing and experience in exercising judicial and penal punishing a student. ItisnotMr. Baptistewho functions with whichthey have noj been en- hasbeenwasting SBA time,butthe SBA which trustedand whichfurthermore, as theirrecent has been wasting SBA time. InlightoftheSßA's failureto actrespon' 'compromise oftheirownConstitution reflects, they wouldnotbe equipped to do even sibly in its representation of student interests ifthey were entrusted withthose functions. and the likelihood that such failure will conIf anything is to tarnish our school's tinue underthepresent Executive Board, I urge reputation, it is acts of legal incompetence students to petition for a recall of the entire such as (1) the vote to compromise a ConstiBoardand thereby end this nonsense onceand tution taken last week by the SBA and (2) for all. Additionally, I urge all students to failure to recognize the real issues, as SBA accept the responsibility that accompanies a Vice-presidentPaulßeyerseemstohavedone right such as the right to voteand to vote more in hisreading ofMr.Lynch'srecentletterto responsibly in thefuture. The Opinion. Far from condoning or Clara Kanocz, 2L End the SBA Fiasco To the Editor: Inhis letter to theeditor inthe February 22nd edition ofThe OPINION. SBA Vice President Paul Beyer stated that the whole SBA fiasco couldhave beenresolved early on had SBAPresident Saultan Baptiste "acted with some dignity early on." Some would opinion that none oftheprinciplemembersof the SBA, namely the president, Vice President,and Treasurer, havebeen very dignified oflate.Between shoutingand shoving matches, I'dsay thattheSBA has turned into a threering circus. It is ridiculous to recall anyone this late in the year, but sincePaul Beyer and Marc Panepinto are so intent on a recall, I would suggest that, all three ofthem be recalled. I could be mistaken, but as I understand it, the SBA exists to make the law school a better, moreenjoyableplace. So far, the93-94 SBA has donenotiling but sullythealready delicate reputation ofU. B. Law. Besidesthrow a few parties, the SBA' s mainoccupation hasbeen throwing stones and pointing fingers. 3LClass Director JamesLynch offered some soundadvice in hisletter ofFebruary 9, where he asked theSB A members to bury the hatchet(hopefully not in each other's backs). I dare venture to add someadviceofmy own: stop being such politicians. We are all still only in law school; youhave your wholelifeahead of you for dirty politics. As for Mr. Beyer, I would suggest trying to resolve the problem as opposed to fueling the fireby writing to every U.B.publication that willpublish your letters. I personally am tired ofhearing the same story overand overagain. Law Schoolis noplace forpersonal vendettas; try goingback to high school. AsI recall a committee was already appointed to investigate and they determined that Saultan Baptiste was guilty, at worst, of "bad judgment' ' so let it goalready. Mima E. Martinez, 2L • • • C/p lit IOH JVlillluOX, continued onpage 6 The next issue of the Opinion is March 22. | I The submission deadline is March 18. I I I mm mm mm ■ �Commentary: Fuel For Thought By Peter Zummo Features Editor It'sTime For BlackmunTo Retire shouldthink ofthecaseof 'the 11 yearoldgirl OnFebruary22,1994,ina22-pagesanctimonious litany of' 'intellectual, moral and rapedbyfbmmenandmenldlledbystufnrigher personal" beliefs. Supreme CourtJustice Harry panties down her throat. See McCollum v. Blackmun announced in diedenialo fa writof NorthCarolina No.93-7200, certnowpending certiorari in thecaseofCallinsv. Collinsf 1993 before the Court.'' Talk about cruel and unWL530954 U.S.) tliathewillno longer''tinker usual punishment! I think those four men with the machinery of death." He will no should be permanently, irretrievablyremoved longer concur in any case imposing capital from society. The majority ofpeople in the U.S. bepunishment. JusticeBlackmunhasconcluded diat die deadi penalty is cruel and unusual I believe that certainpeople punishment prohibited by theEighth Amendmentto dieConstitution. Withall duerespect, their right to live by I think JusticeBlackmun, whois 85 years old, haslosttouchwithreality and shouldstep down the atrociousness the from the Court, the sooner thebetter. crimes theycommit. How can capitalpunishmentbe unconwhenthe stinitional Constitution itself, in the lieve in the death penalty. The Constitution Fifth Amendment, states tiiat' 'noperson shall and2ooyearsofConstimtional interpretation be held to answer for a capital, or otherwise explicidy permit it. Where does Justice infamous crime, unless on a presentment or Blackmun gethis authority to statethatcapital indictmentofaGrandJury...norbedeprivedof punishment is unconstihitional: from "perlife, liberty, orproperty, without dueprocessof sonal' ' beliefs? Well, when the Constitution law." This amendment clearly permits the becomes a' 'personal document, then''perdeath penalty. Not only does it explicitly sonal" beliefs can integrate themselves into permit it,but it gives usthe guidelines for its Constitutionaljurisprudence. imposition. Arewe now to saythattheEighth If certain people want to make capital Amendmentsupersedes theFifth Amendment? punishmentunconstitutional, fine. Theproper Have we all lost our ability to read what is procedure is to amend the Constitution. Conwritten in the Constinition? gressand the States have this power, not the JusticeScalia in four brilliantly written Supreme Court. Personally, I think suchan paragraphspicks apart Blackmun's arguments amendmenthas about as muchchance ofbeing oneby one. Insteadoffocusing ontheexeaition ratified we have of expirencing a sunny 95 ofthe convicted murderer, we should think degree day inBuffalo in themiddleofJanuary aboutthereal victim, die personwhoselife was - theoretically possible, but very unlikely. cut shortthrough no action ofhis orher own, We live in a violent society, where othertiianbeing inthe wrong placeattliewrong respect for human life has degenerated to the time. Or, as Chief Justice Scalia states, we point where criminals wouldjustas soonkill youforfive dollars to buy a vial ofcrack as a ' 'normal person wouldask you for thetime of day. Shouldcapitalpunishmentbehandedout like free samples ofanew cerealat Wegmans? Ofcoursenot. Itshouldbereservedforheinous crimes and repeat offenders. The fact thatitis notdispensed lightly isand should be ofparamount importance. The ultimate punishment the State can impose should not be the usual punishment. Capital punishment has always had its placeand willcontinue to despite what Justice Blackmun thinks. I believe thatcertain people forfeit of if {rem £* 03 V?l\ v v\\ — H?Hn9 \ beings. As for Justice Blackmun's dilemma between the seemingly contradictory standardsimposed by Furrnan and Lockett, I think the solution is obvious. The standards for imposing thedeathpenalty must be consistent. Everyonemustknowwhen, andforwhat crimes, andunder whatcircumstances, capital punishment may be imposed. Individual mitigating circumstances aboveand beyond the set standardscan betaken into account by the Governors ofthe several States who have the power to commute or pardon any sentence. Capital punishment is not pretty, but then again neitherare the crimes that call for its imposition. We must never forget thatthe criminal is notthe victim. Toany one whofeels otherwise, I say,youexplain it to theparentsof that 11 year old girl. * 5 /y xerox copier lid rightto administer capital punishment to those who so offend die dignity oflife that they themselves giveup dierighttobe called human Jb-u CLEAR COMPLEXION from l forfeitfheirrightto live by theatrociousnessof the crimes they commit. The State has the * gM^*** *°^r / exP°sure +o educate students about topics they may have missed. Most ofyou students may feel that this program does not apply to you. You would never commitrape; you're married; you'reasensitive imdcrstanding individual; etc. However, the program and materials arc not designed for rapists. Some ofwhat is discussed in (he program and the materials involves helping friends whohave been \ N J M *T*—-from 51ouch trioJ Ti'AWT BUTT / .zA , SheparcJWns from BU^S Wr%(( \f , I 8 hours lU > fn +he car \ Bob andSally are casual friends. One night whtie talking, they find themselves holding hands. Atthatpointßob picks up Sallyandcarriesherbacktohisroom. They starttokiss. AsBobcontinues, Sally freezes. Shestopsresponding, moving,orspeaking. Bob has intercourse withhertwice, without any participation from Sally. However, Sallyalso never saidtheword, "NO!" Was it rape? Statistically speaking, one in three women will be raped on acollege campus, mostofthemby people they know. Mostof these rapes areneverreported totheauthorities. WWlemanyofusliketothinkfherapes areaUdOnebymonstersWdinginthebusb.es, the sad fact isthat most oftheserapists are ourclassmates and friends. Inrnany situations,theassailaritnever intended to bearapist. Aldiough certainly notalLbutmanyofdiedaferapesarecaused by miscommunication between the couple, and lack ofundersfanding by theassailants. Despite the lack of intention to commit rape, theact causeslong-lasting and permanent negative effects on die victim. I have put together a four evening presentation, which I ambringing to eachof thefour residence hall groups: Governors, Main StreetResidence Halls, Ellicott East and Ellicott South. This presentation is entitled, "ViolenceWithinRelationships: From Arguments to Rape.'' The focus of these presentations will not be to point fingers and make accusations; it willbe to educate shidents. Living in theresidence is notaprerequisite forattendingtheprogram; thus I hope diatmany ofyouwillattend. Each preseutat ion w ill run from Sim- supplement topics presented in all four evenings. Understandably, not everyone will be able to attend all four evenings. I hus. the information packet will also help .-L Jl / \ AfJfflVftW , * HARD B,CEPS / &** <T. byDanHarris, PhotoEditor an information packet. This packet will KS ()l]il\ /£ Within Relationships day throughWednesday evening, running approximately one-hour in length. Bach evening covers an individual topic. The first presentation will begin at 8 p.m. on Sunday, Feb. 2 7. Each person attending will be given V S Ij' Violence *>. victims ofsexualassault Additionally,not all ofthe program deals specifically with rape. One full session, and some of die materials, deal only with communication betweencouples, without touching on the issue ofrape at all. The agenda for each evening is as <£%%&S \ *Ch '™'»3 follows: '' // \/' \ m/ ' Hoor (c j/\ S/) I ftmonq *' -/-he, brar ft S-hxcKS ... Probing, Timely, Controversial, Beer Join the Opinion!!! Sunday: Introduction. I will beginthe program byshowingtiiefilm DreamWorlds. The film runs fifty-five minutes. It describeshow MTV contributes to rapewitiun ourculture. The filmis very graphic. Abrief discussion will follow. Monday: "ItDoesn'tTakeaSkiMask oraKnifetobeaßapist." Thisiswherewe discuss thetraumatliatawomanwho'sbeen raped experiences over thelong term. My guest speaker will beDr.DianeGaleofthe Counseling Center, who works withrape survivors. Thepurposeofthisistoinform ... Violence, March 8,1994 continuedonpage 11 The Opinion 5.... �CROSSW RD® Crossword Edited by Stan Chess Puzzle Created by Richard Silvestri 40 Head ol the ACROSS 1 Toy-pistol Secret Squadron ammo 5 Aheap 9 Struck an attitude 14 Algerian port 15 Agenda segment 16 Mary Richards'best friend 17 Star Wars Q} ry) *™J }—( princess Q p T f-*K a~\ iTpv OJJ , 18 Pointatthe dinner table? 19 Tended to the Tin Man 20 Koesller novel 23 Stirrup site 24 Hogwash 25 Cone-bearing C 3 nee f-H O f"*\ 28 Steady 31 Cat, perhaps 36 The College Widow author 37 " you sol" 39 Pocketed bread 30 Gantry o! fiction 32 Reuters rival 33 Standarddeviation DOWN 1 Without preparation 44 You,once 45 Comic lead-in 46 Tablecloth 2 3 4 5 6 substitute 47 Joining alloy 50 Sit a spell Redding 52 Neighbor of Col. 54 He ran against DDE 56 HenryFonda movie 64 Kerman native 65 Swordplay Stadium's river 11 Themanfrom U.N.C.LE. 12 Delightful region 13 TV's Major memento 66 Newspaper Gustav 71 Kind of vision 72 Look too soon symbol 34 One of the Aliens 35 Unkempt 38 Desperately urgent 41 Cartoonist Key 42 Be at odds 43 Eyewitness 48 Signforahitch 49 Gun the motor 53 Harried 55 Sundae 7 Wallet items 8 Slapon 9 PDQ 10 Riverfront 51 Whatever section, briefly 67 Grain elevators' kin 68 Albany-Buffalo canal 69 As far as 70 Composer Precinct Stud holding Plumber's tool Educated folks Soul singer topping 56 Small combo 57 Berlin casualty of 1989 58 Cain's nephew 59 Piece of land 60 Catch cold? 61 Act glum 62 Distaff ending 63 Recess 64 Suffix with boy or girl 21 Sweetheart of the 1976 Olympics 22 A Smothers brother 25 26 27 29 Friday request Potato type Drive back Tanker weights Commentary: Jessup Competition Biased by Jay Chatarpaul Attorney Frank Housh's letter to The Opinion (November 16)containsseveralmisinterpretations ofmy Commentarypublished in the November 2 issue of The Opinion, as well as a distorted and invective-laden reevaluation of my performance in the 1993 Jessup competition. I am compelled to respond to both of these. First, I did not (nor did I intend to) , "mock ' any ofmy African-American brothers whoparticipated in the competition. The performance ofthe gentleman to whom Mr. Housh refers inhisletterwas quitegood, and as such wasjustlyrewarded withmembership on the Jessup team as well as on its Board. What I alleged (andcontinue to allege) is that the selection ofsome ofthe competitors for membership onthe team and the JessupBoard was guidedby capricious and arbitrary criteria. No information from my Commentarycan lead Mr. Housh to reasonably conclude that I specifically "mock" that gentleman. Second, Mr. Housh states that my performance waspoor and not tantamount to ofthe majority ofthe competitors who made the JessupBoard. First of all, I would never have expected a licensed local attorney to respond to a student's opinion ofhis experience in an event he participated in; and I am very surprised at the use of suchinvective-laden andabusive language by anattorney in describingthestudent'sperfbrmance. In any event, Mr. Housh, you state, among other faults, thatI was nervous, panicked when asked questions, didnotrespond to questionswithrelevant portions ofinternational law, and didn'tpossess poise orstyle. As to nervousness, I was indeed a littlenervous during thefirst oralround, since it wasthe firsttimethat I had evermade an argument in front ofseven strangers. During the second round,however, I wasnotnervous, anddidnot display anyevidence ofnervousness. Withregard tonot responding properly to questions,andnotresponding to questions withrelevantportions ofinternational law, I only wishedthatthe preliminaryrounds were videotaped. The truth ofthe matter is that I competently answered questions with specific and pertinent sections of international law. It isablatantdistortionofthetruth to state otherwise. I had spent one month preparing for diecompetition and pondering the possible counter-arguments thatcould be madefrom thejudges. Mostofthe questions posed to me by the judges were the kinds of questions that I had anticipated. In addition, if you recall, Mr. Housh, one judge commented, and others(one ofwhommight have been you) concurredwithfacial gestures,that one ofthe arguments I made was unique, persuasive, and compelling. As far as poise and style are concerned, lagreewith you.Mr. Housh,thatldid lack poise and probably didn'tshow the "required" style. I am still a novice at oral competitions, and have not yet mastered the artofbeingcocky, which it seems isawinning attribute. Mr. Housh, yourre-evaluationofmy performance in lightofmyConinientary would have been morepersuasiveand compelling if some of the other judges had signed your letter. Since no otherjudgesigned your letter, I interpret it as a desperate attempt to protect your integrityand competence. In addition, such re-evaluation is in conflict with the evaluation given to my overallperformance. Third, Mr. Housh states that he is "puzzled," and cannot "imagine" how I came to know the contents ofthe "anonymous" score sheet and memorial score. Well, Mr. Housh, it seems thatI have more confidence in your imagination thanyou do. 1 am sure thatyour quandary will be solved when you realize that even you can envision a scenario where such information may have been divulged to me after an inquiry. Fourth, Mr. Housh states that the competition was fair and equitable. My Com(he performance *\J 25 p2|33 26 34 35 C1992 Crossword Magazine Inc. Box 909 • Bellmore. NY 11710 • (516) 679-8608 ... Opinion Mailbox , continuedfrompage4 All Or Nothing Policy Is Best To the Editor: In her February 9 letter to the Opinion, preferable to the current selectiverecognition station, filled its airwaves withpraises to Dr. King last month, my connection ofthe SUN V King Day policy witha leftist multiculturalist agenda must be inaccurate. The folly ofcomparinga small,privately ownedradio station's policies with thoseofSUN V is self-evident I maintain thatSUNY, as apublic university in a state populated by over 17,000,000 Americans, has a clear obligation to observe all national .holidays equally and not give any appearance offavoring any particular interest policy whichhonorsMartinLuther King, Jr., butignoresGeorge Washington, Abraham Lin- groups. Thirdly, Ms. Burgos misconstrues my Kedra Burgos not only drewinaccurate conclusionsfrom my January 2 5 letter to thisnewspaper, but she also avoided the central issue I raised. In my January 25 letter, I called for a consistent and uniformSUN V policy where either all ornone ofthe nationalholidays are observed by cancelling classes on the respective holidays. I believe such a policy is far coln, Christopher Columbus, and ourarmed reasoning regarding how national holidays forces veterans. Mostsignificantly,Ms. Burgos shouldbe observed and somehowarrives at the never answered my implicit question: Why conclusion that I must also object to SUN V shouldsuch an obviously unbalancedpolicy recognitionofJewish holidays(anissuelnever exist? Can it be that the goalof"equality and addressed). Wrong again Ms. Burgos. The a more justsociety" Ms. Burgos rightfully issue is not Jewishholidays or Europeanism or advocates is achieved by such a preferential some otherred herring. Plain and simply, the policy? Or as I suggested in my letter,is there issue is common sense fairness. Is it fair to some other agenda thatdrives SUN V to aver honor one American hero at the expense of one holiday over another? some other time-honored heroes?Ms. Burgos Before elaborating on the central issue apparently thinks it is, but I disagree. I raised in my first letter, I must summarily The fairness in holiday observance issue address therather silly diversionary issues in boils down to whetheraffirmative actionreaMs. Burgos' eloquent, albeit melodramatic soning should dictate SUNY class cancellaresponse. First, I am not''dismayed at why tire tion policy. I believe it should not because University would recognize [Dr. King]." wheneverparticular persons or their beliefs are Rather, I am dismayed tliat theUniversity does elevatedto positions, not solely on merit, but not similarly recognize other long-standing at least partiallyas an effort to make up for past American heroes. Whether intended or not, injusticesdone to those groupsor to placate the SUNY's exclusionary holiday policy effecgroups that claims such injustices, the result tively devalues (lie ignoredholidays and unjuswill always be societal fragmentation along the lines of the criteria used to elevate such tifiably exalts MartinLuther King Day. Second, Ms. Burgos argument that groups. It would be nice if people would SUN V's exclusionary King Day class cancelpassively allow the disenfranchised to step in lalion policy does not patronize leftist front of them in life because the disenfranniulticultiiralists is unpersuasive. With an clused need an opportunity,'' but human nainteresting leap of logic, Ms. Burgos asserts ture tells us that such a policy breeds only that because WDCX, a Bu flaloreligious radio resentment and contentiousness. Norwith...Opinion Mailbox: All or Nothing, continued onpage 11 The Opinion March 8,1994 6 mentary, however, spurred several meetings among members of the Jessup Executive Board, the subject of which was possible alterations in the organizationoffutureJessup competitions. If the Jessupcompetition was ''fair and equitable,'' there would be no discussions about possible changes. One does not fixathing which isnotbroken. In addition, evenafter my "con frontational'' assertions, no governing member ofUie JessupExecutive tried to refute such assertions with arevelation ofmy actual scores. I stand behind my assertions that the competition wasnot run in a fairand equitable manner. Fifth, Mr. Housh, my Commentary raises an issue which is prevalent inmodern suburban America,and whichaffects many educated minorities.Asa strong advocate of egalitarianism, and a proud member ofthe minority community, I am aware ofthe fact tliat inthe eyes ofmanymembers ofthewhite educated class, many (ifnotmost) educated membersofthe minoritycommunity are presumably incompetent. Whether it be a job interview, oranintramural oralcompetition, we are burdened with this presumption of incompetence. Thus, wehave to worktwice as hard or earn twice as much (grades or otherwise) in any endeavor than our white counterparts. It is unfortunate that we are heading for the year 2000 and still many membersofoursocietyhavenotyetchosento accept their fellow brothers and sisters as their equals. This is the same society whose inhabitants profess theirbelief in a biblical doctrine that espouses equal acceptance of all ofGod's children. Oneneednotgo farther thanBuffalo find to examples of this dilemma. For initis stance, notacoincidence thatmany(ifnot most) law firms in Buffalo hire no minority lawyers (althoughsomedohireaninfinitesimallysmallnumberofsuchlawyers). Itisnot acoincidencethatsixoutofthe seven people judging the oral competitions that I participated in were white males; itis nota coincidencethat no African-American law students from the Class of 1995 are members ofthe BuffaloLaw Review. It is notacoincidence thatthere areonly two African-American law professors and no otherminoritylaw professors at U.B. (although U.B.s non-minority law professors are highly distinguished in intellect and in person). And, it is not a coincidence tliatyou,Mr. Housh, singledout an African-American law student in your letteras an example ofthe kind ofperson I , ' 'mocked, ' rather thanawhitemale.Itis not a coincidence that you chose to make the competency ofan African-American competitoran issue, rather than the competency ofa white male competitor. I realizethat you, and some readers, may try to counterthe above assertions with an argument such as there are not many qualified minorities who possess the capabilities to fill important and influential positions. Suchanargument,however, isactually no argument at all, but can only be made by intellectually lazy individuals whodesire to perpetuate a myth concocted by evilmen of our darkhistorical past. The fact isthat there is an oversupply ofcompetentand qualified minority professionals, but a society (especially the educatedclass) whichcontinues to refuse to accept their accomplishments. Mr. Housh, a corollary to the principle of egalitarianism is diversity. For me, diversity enriches my education, and, I suspect, the education ofmany others. Lack of diversity diminishes it. Asa student ofthe law and humankind, I desireand cherish the opinionsofmy brothers andsistersfromevery ethnic background. Thus, I strongly objectto a competition where six out of the seven people judging me are white males, whose evaluation may determine the course ofmy education, aswell as my career. I'dratherbe evaluated by people who represent a crosssection ofthe community: African-AmeriBiased, continued onpage 11 ... �Ruth Ritchell JoeAntonecchia JoanneFuclis In Remembrance Of Our Friends Open the Door Down way downat the shelter yesterday In the gallery ofcircumstance bathed in sunlight dim sitting among thecrowd ofour neighbors, alone There sat in one person, a teacher a lawyer a leader All in striking reality, none in title. Indeed, denied 'title' again and again Denied in '65 when he could notpay for school Denied in'69 when he sent him offto war Deniedin'7s whenthe layoffsent him home Sent home to sit and thinkabout circumstances Inheritance, connections, race, gender, class; then the streets- homeless: to thinkabout the freedom Home, - - '' Freedom from" he first said to me From ignorance, prejudice and poverty From old boy networksand biased test scores All quietly working to shut the doors Stiflingpeople made ofcreative gold Whose abilitiesandgiftsremain untold Whoseenergiesandtalentsifallowedto flower Woud color our Land with a mosaic ofpower Oh, How we shouldall hasten to open these doors! So that he could act withhisknowledge and skill Celebrating our Land with the mark ofhis will With his 'Freedom to,' with his 'Oughtto be' With his work for Justice, Art, or Spirituality And whilw somany in malls, homes and schools Sit smugly witha freedom they seldom use He again asks me, and impassioned plea: ' 'When will my day offreedombe?'' by JoeAntonecchia 1993Muhammedl: Kenyatta PoetryReading MuhammedL 1993 Grief I feel your tears, I hear you crying inside Griefwon'tletgo until your heart has cried. Strong through your loss God's grace is known Oh, so many memories of the love that had grown. I knew how you loved him loved him for true the bond that was sown makes my heart break for you Please know I'm praying that God in his Power will love and keep you in this trying hour. — Gerldine Wilson Kenyatta Poetry Reading Take Care, Joe by Paul Roalsvig, Editor-in-Chief I wish I could somehow convey to those persons who had nevermet Joe Antonecchiajusthow muchpositiveness and goodness he exuded. Rarely didI hearhim utter a cross or angry word, and if he periodically expressed frustration over whatwas happening at SBA meetings, itwas because he felt the essence ofhis doing good things for the students as a Class Director was too prone to being devoured by the procedural and political manueverings ofa select few. There was neverany doubt in my mind ofwhere Joe stood on issues ofworker's rights, women' srights,the plight oftheunemployed,thehomeless,andtliedisenfrachised.His activism in such groups as the PrisonTask Force, National LawyersGuild,LAELA,andtheLaw Students forCorporate Accountability spoke foritself. And ifheperhaps seemed a little naive to the amount of greed and corruption in this world, the strength ofhisconvictions to do what wasright to combat itwas unwavering. Joe Antonecchia, I honestly felt, was someone who did not know the meaning of the word '' cynicism.'' He was indeed arare breed. Tobe quitehonest, our friendship hadless to do with politics and schoolactivism, and more to dowithmusic. Joe Antonecchia loved to play music, and was always in avid pursuit ofexpanding his knowledge ofmusical styles and musical history. He never lethislaw studies stop him from going downtownandcheckingoutahotmusicalact, whether itwas jazz, folk,rock, orcountry-western. In fact, the first time I met Joe, itwas whenhe and a group offellow first-yearlaw students camedowntown to see and hear myband perform. In the last few weeks before he disappeared, we had gotten togetherafew times over beersand jammedtogether. His guitar playing abilities had improved by leaps and bounds, and he was less self-conscious about his singing voice. In a matter ofhours, wehad mastered a set ofabout 20 songs;leads, harmonizing vocals, and all. And they all sounded fantastic. Our great plan was to play the Circles benefit together... So here's to you, Joe- my part-Norwegian, guitarplaying, frisbee-throwing, law school activist friend. I'll missya. Take care, buddy. OtlierRemembrances: Although I did notknow JoeAntoneccliia thatwell, I was pro foundly affected by hisdeath, perhaps due to the enormity ofthe loss to his friends, hisfamily and societyas a whole. I grieved forhimand his family, but I also grieved for the many underserved people that Joewould have helped in his public interest legal career. However, it is this aspect ofJoe's deathover which we have some control. Ifevery law studentthatknew him remembers and acts on Joe's commitmentto the socio-economically disadvantaged in his memory, than we can do justice to the vision ofa more fair and compassionate world that Joe held. I am sad for Joe's death, but I am happy for his life. Don't worry, Joe. Many ofus will continue your work. About Joe: — Paul Beyer Throughout our law school friendship, I was held inawe by his sense ofcommittment, integrity, and justice.This will be a loss to our generation oflawyers. Dorka Martinez March 8,1994 The Opinion 7 �The Roaming Photographer by Ben Pierson, Contributor This Week's Question: "Should the Law School Be Moved Downtown?" Kevin Medina, IL Irene Rachlinski, IL "Will I be guaranteed a parking space?" "No.It'sessential fortheLaw School to be part ofthe entire university setting." JoAnne Howlett, IL " I'm not certain. I think we should find a way to be more integrated with the urban community. Moving thelaw school isn'tnecessarily the answer.'' Matt Swenson, IL "Yes, because we will have more access to the courts and the professional community." Humor Column: Top 5 Reasons For and Against the Big Move by Steve Balet, Contributor Top 5 Reasons theLaw School Shouldbt One ofthe major topics of discussion MovedDowntown 5) Parking won't be a problem as the around the law school recently has been our future location. There are some people who Schoolwillninashuttle bus fromtheCenterfor believe that the law school should belocated Tomorrow downtown,while otherspreferthe warmand 4) Downtown locationwould enable the personableenvironmentofO'BrianHall. The school to hire even more adjuncts Student Committee to Decide Where the Fu3)Students would beable to participate ture Site oftheLaw SchoolShould be hasasked inthe Courtsystem first-hand byarguing their me to publish the Top 5 Reasons the Law parkingtickets 2) On campus interviews projected to School should be moved downtownas well as the Top 5 Reasons theLaw School Shouldn't be increase by 10% And thenumber 1reason theLaw School moved downtown. Here they are. itback 2) All SBA parties wouldnow be held in Amherst Andthenumber 1 reason theLaw School Top 5 Reasons theLaw SchoolShouldn't shouldn'tbemoved downtown... 1) Students mightbe forced to carpool MoveDowntown with The Schlegel 5) School would now have Buffalo adIfyouhaveany commentsonthis issue, dress 4) Too far for Economics students to orany ideas forarticles,oranypoppyseed cake commute recipes please place them in box 715. Special congratulations to Francisco 3) Afteryearsoftrying to kill all down, town nightlife, The City ofBuffalo would be "Pepe ' Duarte onhis engagementto Donna againstnew influxofstudents whomightbring Duarte (no relation). shouldmove downtown... 1)Students would have opportunity to carpool with The Schlegel ...Military, continuedfrom page 1 acomplete shock because youalways dream, , but don twantto be disappointed. Whenyou achieve your goals, you're amazed.'' The case arose after the student filed a complaint in 1989 claiming the recruitment was a violation ofExecutive Order 28.1 (9 NYCRR §4.28) which provides thatno state agency shalldiscriminateonthe basisofsexual orientationagainst any individual After an investigation, the State Divi- sion of Human Rights determined that the universitypolicy ofallowing the military on campuswas discriminatory withinmeaning of the statute, that the University's provision of placement services to the military was a provisionof"services and benefits" withinmeaning of the statute and that neither state nor federal law compelled an exemption for a discriminatory military recruiter. The Commissioner ofHuman Rights subsequentlyreversed thelast determination and decidedthat stateand federallawrequired theUniversity to permitaccess to themilitary. Inreaching her decision, she relied on §2-aof the state Education Law which states equal access must be provided to the military when the institution receiving state funds permits access to others foremployment purposes. In her decision,JudgeLebedeffrelief heavily onLesbian Law Students Association at University ofConnecticutSchoolofLawv. Board ofTrusteesf University ofConnecticut. nor., 1992 WL 310610 (Conn. Super. Ct., J.D. hartford-New Britain, 1992, Allen, J.)which interpreted astatute similarto §2-aoftheNew York Education law. In that case, the Connecticut court decidedthatthe school practice was contrary to the "plain meaning" of the statuteand that the schoolwas in fact engaging in special treatment by allowing the military 8 The Opinion .Mijrcn 5, to continuerecruitment whileother employers who discriminated were banned. By virtue of its decision, the Connecticut court said the schoolsaidtheschoolcoulduniformly apply an anti-discriminationpolicy. Furthermore, the New York court said theuniversity mustcomply withtheGovemor's Executive Orderwhichit said operates "with full force oflaw." As such, the fact thatthe military's practice of discrimination is permissibleunderfederal law doesnotdeprivethe University the power to limit recruitment speech. Finally, the court found that law schools have no duty under federal law to cooperate with military recruiters. The courtfound, on a factual level, that theruling oftheCommissioner had ineffect, ".. given an employer[specifically the military] the license to discriminate through the use ofthe school's servicesand facilities. As a result ofthe school's policy and practices, gay and lesbian [law students] have been offered fewer placementopportunitiesthan heterosexual students. They have suffered stigma, humiliation and the loss ofprofessional and educational benefits as aresult ofdefendants' unlawful conduct."Lesbian Law Students Association at University of Connecticut Schoolofl .aw v.BoardofTrustees r University ofConnecticut, supra. Wolfson characterized theplaintiff, known only as JaneDoe, as being pleased with thedecisionand said,'' she was delighted that thejudgeagreed thatthe statecannot be forced to continue discrimination,thatthelaw school has tomake sure that all students are protected against discrimination, including sexual orientation discrimination. She was happy and pleased that the court vindicated this importantprotection." iy"4 Itisunclearhow farthescopeoftheorder wasthattheywouldhaveto follow the former extends. Wolfson said it would certainly in- policy whichallowed military presence. clude any' 'collect and direct" donethrough ThemembersofLGßLS informedDean CDO which would be interpretedas utilizing Boyerthatthey would protest the presence of the military as they did last semester (see theresources ofthe school. Dr. Robert L. Palmer. Assistant Vice- Opinion 10/19/93) after which the decision President for Student Affairs, waschosen by wasmade to conductthe interviews off camPresident Greinerto dealwiththe issueofthe pus. That decision was made by Dr. Palmer military' s presence at thelaw school. According to administration officals, the subject is whonotified theArmy JAGcorpsoftheschools being dealt with by university officials beposition. At the time, SUNY Central had not cause itisperceived as being auniversity-wide issuedany position on whatconductthe univerissue. sity wouldallow and whatit wouldn't. It has According to Dr. Palmer, theUniversity since senta letter on February 2 5 which details iscurrently seeking clarity on whatthe order the policy. Dr. Palmer said,"based onthat [anticiexactlyprohibits. Hesaid/'wehaveaskedfor further clarification. Can dissemination of pation ofthe2/2 5 communique] whatwe told information be classified as recruitment? tiiemis thatwelravenothadafirm ruling onthis Maybe, maybenot. What aboutcareer-related from SUNY Central and thatwewould wantto postpone any actual campus visits until such literature?We don'tknow. Job listings,postthatmay come for time as we did have finalresolution on this.'' ers through? We'reasking TheFebruary 25 letterfrom SUNYCenclarity on that, hi a broad sense,all ofthiscould be interpreted as recruitment. In a narrow tralsays, "wewillcomply with this [the court sense, maybe not decision], that state operated campuses must "Forrightnow, we're following based prohibit use oftheir facilities from military on thebest interpretationwehaveofthecurrent recruitment.'' Palmer said,' 'we have since, letter we have in our hands. We're asking for and will be, informingtheprospective branches clarity in a letter we're sending out probably ofthe military ofthis decision.'' next week to clarify these points.'' Once thefinal order is issued, the univerWhile Judge Lebedeffissued her deci- sity has 30 days in which to file an appeal. sion onNovember 17,1993, theorder hasyetto Wolfson said,however, itis his understanding become final. That fact arose earlier this that there will not be an appeal filed. semester whenthe Army Judicial Advocate Wolfson said he always believed he Corps asked the law school forpermission to would winin the end, saying,''I always believe come on campus in orderto conduct firstand right will triumph even if it takes some time. MartinLuther King said' thearchofthe moral third-yearinterviews. According tomembersofLGßLS, Dean universe is long but itbends towardsjustice.''' Boyermetwitlithemandinfonnedlhemofthe Opinion Personals! Alexandra, Mxssy*' situation. Becausethe court'sorderhad notyet Hey Bone. I'll missyou.'-Jazzy Pass thebeer nuts! become final, Dean Boyer's understanding RodOn! Jennie,1 'llseevasoon! Bob. GoriJuckanlhrMPßEi K^n.thiso^Sforwu-Op �Law Student FightsTo Protect His Privacy byKaren Bailey, Contributor Anger isn't usually the reaction when students are notified by a university that a financial aid checkhas arrived. However, first yearlaw student, MikeKuzma waslivid when he received notification three months ago. Was he frustrated thatit had taken so long to arrive?Had hereceived awindfallsinceapplying for aid? Was he suffering from ILdementia?The answer toall three questionsis No. The aspiring attorney wasoffendedby the university' s violationofhis legalright to confidentiality. The post cardwhichinformedKuzma of his good fortunehad (unfortunately) also pro- convinced thatthe practice was unlawful. He knew thatthere wasa law, calledthe Buckley Amendment, thataffordedstudents some privacyregarding school records and decidedto find out if it applied to his situation. After starting withthe popular nametables, Kuzma researched the Amendment and discovered that it was now incorporated into (the more expansive) FERPA. He then familiarized himself with the latter legislation and found that itprohibited Cat State's actions. He filed a complaint with the DepartmentofEducationand received no response. It was only after thefuture litigatorasked former videdtherest ofßuffalo withsome very useful "It's a simple matter information about him. In addition to the someone to run the number requisite name and postal address, the card listed his social security number. Specifi- through the system and do cally,by' 'placing personally identifiable inanything." formation" onitsmailing labels(exclusiveof Mike Kuzma anameand address) withoutprior consent, the actionviolated the Family Educational Rights SenatorPete Wilson(R-CA) (now governor) and Privacy Act; commonlyknownas FERPA. and SenatorAl Cranston(R-CA) to investigate the alleged violations that DEP acted on his Kuzma's familiarity withthe act's protections comes fromasimilar experience while complaint. Shortly after Sen. Cranston began attending California State University at Ful- handling thematter, the departmentfound that lerton (Cal State), threeyears ago. Without Cal State's new procedure violated FERPA notifying students, Cal State began placing and advised the university accordingly. Cal social security numbers inthe addressblocks State deleted thenumberfromfuturemailings of their mailing labels. Kuzma was both and gave students who didn'twanttheir social concerned aboutthe university' s actions and security numbers in the system the option of for — using a separate seven-digit identification number. In what seemed to be his legal karma, three years laterKuzma decided to takeaction. Once again, he filed a complaint with the United StatesDepartment ofEducation, alleging the university's violation of the act and enclosed a copy ofthe postcard. Hereceived atimely response fromLeroy S. Rooker, Director ofthe Family Compliance Office at DEP. Rookerpointed outthat the university hadbeen informed ofthe allegation and included a copy ofthe letter to Dr. William R. Griener, presidentof ÜB. As explained by Rooker to Dr. Greiner, FERPA ' 'protectsa student'sprivacy interests ineducationrecords'' andwhile [it] provides foranumberofexceptions to theprior written consent requirement, none ofthe exceptions would permitan educational institution to disclose a student's social security number by transmittingan envelope bearing the social securitynumber through the postal system to the student.'' Dr. JohnS.Karrer, Assistant VicePresidentandDirector,StudentFinancesandßecords investigated the allegation and conceded (on behalfofDr. Greiner andthe university)that ' 'Mr. Kuzma's complaint ha[d] merit.'' Dr. Karrer informed Rooker that' 'theuniversity ha[d] immediately changedthecomputerprogramthat produces the address labels so that thesocial securitynumber is no longer shown.'' According to DEP, the university'scorrection places it in compliance with FERPA. When asked why he chose to file a complaintwith DEP rather than communicate his concern to theunivershy, Kuzma explained thathis past experience atCal State made him aware that "there was a complaint mechanism in place that could result inchange, so [he] elected to exercise that option.'' Explaining the potential impact ofthe university's violation, Kuzma asserted that "the social security number is the key to a storehouse ofpersonal information on a individual. '' Because those withknowledge ofit can have access to credit reports, previous addresses and accounts, maintained Kuzma, "it's a simple matter for someone to run the numberthrough the system and doanything.'' "Theft, impersonation and other kinds of fraud,'' he added, for example. Given theimportance ofthenumberand theviolation's increase ofpotential for misuse,Kuzma was disappointed to find thatother students, especially those in the law school, hadnotaddressedtheprocedure. Hedoesnote however, thatnoneofhis law school mailings have ever had the number revealed in that manner. Regardinghis earlyjump into practice, Kuzma explained thathewasonly "enhancing the privacy rights "of the university's studentbody. UB Law's Gold Group Plans Mini Seminars TheGOLD (Graduates oftheLast Decade) Group ofthe UBLaw Alumni Association willpresent three "mini" seminars with breakfast on Saturday morning, March 12, in theUniversity atBuffalo's CenterForTomorrow, Amherstcampus. I B' I : ■ ' 91 1 I BAR REVIEW introducing... * will ' ■'' - I I fepomlhed Cpiputef Software | I ~ I 1 CROSSW RD» Crossword C|AjPjSMt|O|T|SWP|O|S|E[D| ElTxllTTffloh 1le| iSSS I If ITt we l|v|e a n g rJy I™BeeBie^HBBBBB^B^HBBe eTa 5M5210] ptm s 1 l_ o sle emu |h|o|l|s|tßt|e|lleßp|e[e|k| 0003 1 V 1 I I I 1 Immediate review of key bar exam diagnostic feedback in 30+ MBE sub areas Customize your program by adding personal notes test modes double your study options M I ■ r 1 ' « ■ ■ Designed forlaw students,recent graduates and more established practitioners who want arefresher course, these nuts and bolts programs will cover Bankruptcy Law, Practice in Justice Courts and Personal Injury Actions. Each ofthe Seminars will run for approximately onehour, withquestions and answers at the end. Registration and breakfast willbegin atB:3o am, withthe firstprogram set to start at 9 a.m. William F. Savino, apartner in thelaw firmofDamon andMorey, will discuss: how to commence a bankruptcy case; dealing with a consumer debtor; and preserving assets in a Chapter 7 Bankruptcy. Hon. Christopher J. Burns, Town Justice for the Town of Tonawanda, will speak on surveying the landscape of Western New York's justice courts; tips on defending yourclient injustice court; andunderstanding therole ofprosecutors and assistant district attorneys. Paula Eade Newcombe, anassociate attorney with Hurwitzand Fine, P.C., will discuss: investigating and retaining a personal injury action; from pleadings to trial; and negotiating, settling and closing afile. For each topic, informative outlines will beprovided, in addition to practical tips anduseful advice from the speakers. A nominal feeof$15 forattorneys and $10 forlawstudentsincludes admission, breakfast and seminar materials. Deadline for registrationisMarch2,l994. Registrants after this datecannot be guaranteed seminarmaterials. Please check with the UB Law alumni office at 645-2107 formore information. Please make checks payable to UBLaw Alumni Association and mail to: University atßuffalo SchoolofLaw AlumniOffice, John LordO'BrianHall,North(Amherst)Cainpus, : Buffalo.NY 14260. hi addition to educational programs, the GOLD Group sponsors socialevents and assists law students in various ways, such as holding practice interviews. Anyone interested in becoming involved with the GOLD Group should contactPaula Eade Newcombe at 849-8900. March 8,1994 The Opinion 9 �, Law Firm DiversityTraining Seminar A First ForWestern NewYork subm itled by Dorothy K. Burton, Esq., Executive Director, Attorney Access, Inc. OnFebruary 4,thelocal bar successfully completed another first, a diversity management training seminar for law firms entitled "Entry and Inclusion o fMinorities intheLaw Finn: A Formula for Growth in the 21 st Cen- tury." Thehalf-dayseminarwassponsoredby Attorney Access, Inc., TheBar Association of ErieCounty,The MinorityBar Associationof Western New York and The Western New York Giapterof the Women's Bar Association ofthe State ofNew York. Law firmparticipantwere informedof some of the compelling and "bottom-line" reasons for law firms to recruit and develop minority attorneys. One local firm's experience included over 20 clients in the last few years inquiringand giving significantweight to the numberand positions ofminority attorneysemployed in the firm. Whilethis may not be the case for all local firms, it is significant that the 1987 US Census figures report that 1,547 minority owned businesses generated $ 116.6 million in revenues in Erie County. These minority owned businesses in many instances seek minority attorney representationand are a potential market forlocal majority firms. Otherreasons to diversifyincludechanging demographicsoftheworkforce. UB School ofLaw has steadily seen an increase in the number ofminority law students as has the nation's law schools as a whole. Approximately 18% ofthe students at the law school presently are minority If we are to retain the best and brightest in Western New York, law firms willneedto actupon the diversity issue. Thenationally recognized consultants, Dorothy E. Nelrn, Esq. ofNelmsand Associates andLynn Revo-Cohen ofHubbard&RevoCohen, Inc., both of Washington, DC, conducted focus groups in December in preparation forthis seminar. The feedbackfrom each ofthe fivegroupsofAfrican-Americanmales, African-American females, whitemales,white females, and minoritylaw studentswere shared withthe participants ofthetraining seminar. Theperceptionsheld by the different groupsas to why firmswere notmoreinclusiveofminoritiesincluded: minorities were shielded from clients,resented by support staff,not givenkey assignments, isolated at the firm, left out of social events, lacked importantmentoring and feedback, were pressured to bespokespersons for their race and to be the "good minority,'' and leftout ofbusiness development that minorities were less competent in grades and performance, too aggressive, that talented minorities will not stay in Buffalo, clients won'tacceptminoritiesworkingon theircases, minoritiesare held to higher standardsand are not "rainmakers". It was emphasized that although this may not be the reality, these are the perceptions that firms must address in order to successfiillyrecruitandretainminority attorneys. The participants engaged in smallgroup discussions to develop ideas which address these perceptions withintheir own firms. All participants agreed that a commitment to diversity must come from thevery top levelofthe firm with the money andresources committed to implementing the vision. Recruitmentcommittees must broaden their selection criteria to prevent excluding qualifiedminority candidates.. Ongoing training ofallmembersofthe firm must take place in order to recruit and retain minorities. Stronger mentoring ofminority attorneys must take place within the firm to overcome the problem of isolation. Mentors should not only be experiences minority attorneys, most oftenfound in government positions, shouldbeaggressively pursued. The economic incentive along with "doing the , right thing ' should beconsistently stressed to all firm members to keep the issue int he forefront Firm participants agreed that this was the beginning ofa dialogue.Inclusion ofminorities in law firms will nothappen overnight butis a process that must continue ifWestern ...SBA Meeting, continued frompage 1 countable for their unexcused absence by publishinga weeklyattendance/absence list in the Opinion. He said he finds it absurdand ironic that quorum is necessary to expel a person forunexcusedabsences,whensomeof those consistently absentmembers are needed toreach quorum. So far, two members oftheBoard of Directors were expelled for excessive absences VictorBobet (secondyear)and Helen Pundurs (third year) were expelledfrom the SBA at the lastSBA meeting. Some former SBA directors insist that theirabsences were due in part to thelack oforganization,rather than to their apathy. During the meeting, Steve Lee was specifically singled out asone who has an insufficient and unexplainable number ofabsences.'' Why is Steve Lee[the SBA Secretary] still on the SBA whenhehas missedallbutonemeeting?," askedNemerofT. A graduate of 118Law School, who holds himself out as an expert on Robert's RulesofOrder, was invited to theFebruary23 meeting to discuss ways to modify Robert's Rules to reduce the number ofpeople currently required for quorum. Lynch wantsto customize Robert's Rules to deal with the quorum dilemma, and the excessive number ofabsences. The Feb. 23 meeting began withSaultan Babtiste's remembrance of Joe Antonecchia,athird-yearstudentandamember ofdieSBA Board ofDirectors, who,along with two others, apparently fell tlirough the ice walking across Lake Erie and are presumed dead. Baptiste asserted that Antonecchia's position on theBoard should not beprematurely declaredvacant because ofthe indefi- . 10 The Opinion niteness surrounding thesituation. Nemeroff contended thatbecause ofAntonecchia' sapparent death, his seat should be declared vacant in orderto lessen thenumber ofpeople needed for quorum. NemerofFs position finally carried and Antonecchia's seat automatically became vacant The vacancy created by Autonecchia's apparent death, as well as the expulsion of unexcused absent members, made it possible to attain quorum to dobusiness at theSßA'sMarch2 meeting. Somemembers discussed the current SBA's inability ability to effectively function, and proposed that sincethe SBA cannot do anything positive this year, itsmembers should try to encouragegood people torun for SBAofficesuextyear. ' 'We don'thave any hope ofaccomplishingmuchunlesswehavealotofchanges.... We mustlook to thefuture. Wennist focus our energy onnext year.Wecan'tdo anything this year. Let's try to encourage second-year students to run [formembership onthe SBA Board] in theirthirdyear,and try to get good people to represent the students.'' 3LClass DirectorLynch agreed withthis proposition and said that SBAmembers should''beginto set some general parameters for next year. Lets start to set somepositiveagenda for next year," he stated. Chuck Greenberg echoed the sentimentsofhisclassmatesoverthecurrent SBA dilemma. "Most ofmy constituents," he said,''areextremely upsetat the 58A.... They basically want Sultan, as well as Paul and Marc, out ofthe SBA.'' Headmitted, though, thathesupportstherecallofSaultan only, and proposed that Saultan should voluntary step down if it's impossible to recall him. March 8,1994 ...Speaker, continued frompage 3 New York firms are to remain competitive in this changing market Theseminar was held inpartthrough the generous contributions of M & T Bank; Matthews, Bartlett & Dedeckerm Inc.; Dedecker-Saxe Associates, Inc.; Ticor Title Guarantee; and Ray L. Sonnenberger, Surveyor. Firms participating in the seminar included: Hodgson,Russ, Andrews, Woods & Goodyear; Phillips, Lytle, Hitchcock, Blame & Huber; Jaeckle, Fleischmann & Mugel; Damon &Morey; Saperston&Day; Lipsitz, Green, Fahringer, Roll, Salisbury & Cambria; Magavern & Magavem; Seigel, Kelleher & Kahn; Kavinoky&Cook; Cohen & Lombardo; Hurwitz & Fine; Nixon, Hargrave, Devans & Doyle; Harris, Beech & Wilcox; Gibson, MeAskill & Crosby; Albrecht, Maguire, Hefferm & Gregg; Hiscock & Barclay; Erie County District Attorney's Office; New York State Department ofLaw. ...Recall, continued frompage 1 said she wasn't sure if this sectionapplies to recall elections. The person who succeeds Baptiste as president, assuming therecall passes,, would serve tor tne remainder of Baptiste s term, whichendsMay 1.The new president'sresponsibilities wouldinclude participating in budget committee hearings to decide nextyear's budget The general election for next year's executive board will be held on Tuesday,April 12 and Wednesday, April 13. Daly examined was the content of the offenses committed by menandwomen. Although close to halfwerecomparably serious, 40% of men were judged to be more seriousandonly 12%ofwomenwerethought to be more serious thanmen. Daly admitted that it is difficult to determine why one offense is more serious thananother. Thelast are ofthenarrative materials Daly compared were the punishment justifications expressed by judges. To her surprise, Daly did not discover significant genderdifferences insentencingremarks issued by judges. Although she expected to find theories ofrehabilitation expressed for defendantsand incapacitation formen, judges expressed amixture ofretribution andspecial deterrence in the majority ofcases. As to how race was working with gender, Daly concluded thatracial variation wasless for women than for men. ' 'On all levels ofanalysis in the narrative material, theblackmen stood outasformingadefendant group mostatrisk toreceive the heaviestpenalties",shesaid. "Theirbiographies were least likely to be constructed in the blurred boundaries of victimization and criminalization, theyweremostlikely tobe seen as troublemakers committed to streetlife, and they were least likely to be seenasreformable.'' Daly asserted thatwhileherresearch supports someoftlieconclusions madeabout howrace andgender operate in die courts, it largely challenges the theory that women arepunishedmoreharshly when theycommit a crimethatbreaks gender stereotypes. Ms. Daly said that herresearch, like many previous studies, is not comprehensive forlack o falarger study group. "Racial, class,and genderdifferences in the justice system process must move beyond an analysis of defendants alone," claims Daly. "These relations are most powerfully revealed in the composition of those accusedofcrimeontheonehand, and the state officials, legal community and socialscience researchers, onthe other,who work in the courts oranalyze theadjudication process." ...King, continued frompage 1 replica" of what people see the U.S. doing America," saidKing. "Oneofthe problems aroundthe world andthe many violent acts to with this country is that we know how to which childrenareexposed throughtelevision. celebrate holidays, butwedon'tknow how to ' 'Violence is immoral because itrelies onhatred andnotlove... It destroyscommunity celebrate life." Much attention was given to the shortand makes brother- and sister-hood imposcomings ofpublic policy in America. While sible," Kingexhorted. "Weneedpeoplewho willdo more than commemorate Dr. King; we acknowledging President Clinton's sensitivity to social problems, sheproclaimedthatthat need people who will fight the beast of violence." wasnotenough. "Goodwilldoesn'tjusthappenbecause " I fyou are black in America, youare the wehave aPresident whois open to it,"she said. first firedand thelasthired," Rev. King stated ' 'Changedoesn'thappen unless we do some- as she lamented that racism still made the state ofaffairs for African-Americans bleak thingabout it.'' ' "Thereis somebadblood ingovernment and difficult. "Wewillnotrestuntilwearenot and people are suffering and dying on the only the people that hit the balland shoot the streets because ofbad public policy," King hoop, but we are also the people that own the continued. If we can't get rid ofthese bad teams that hit theball and shootthe hoop." Rev. Kingclosed with an emotionalcall policy-makers, we mustact.'' to take risks in our lives in the name ofsocial King pointed to themassive government expenditures on defense compared with the change. "The person who avoids risk has relatively minuscule funding for educationand nothing, does nothing and is nothing," she stated. "Only the person who risks is truly children's health as proof ofAmerica's misfree." guided policies. a "Americahas reputation asbeing the For thoseinterested in race relations and most violentcountry in theworld,'' Rev.King a law related topics, Cornel West, a leading A fricanobserved. '' Something is wrongwhen intellectualand writer,will bespeakcan a man American enforcement officer beat senseless Arena at 8 p.m. on March 24. ing withit." at Alumni and get away teaches philosophy and religion at blamed societal illsand not indiWest King vidualsforthe increasingly pervasive violence Princeton University and is theauthorof'' Race , in society. She said that it was "a mere Matters ' a New York Times bestsellers list. though mostofusknow that he did notdiscover ————————— j m -■ ——n VUR ADVISE TO YOU IS TO START TO j I DRINKHEAVILY! I I (It WorksFor Us!) Studentsdon'tletstudentsiirinkanddrive! I Hang In There! Only 17 Days To Go For Spring Break! (Not thatanyone's counting!) �The Docket Human Rights Week Graduate Group on Human Rights March 7-11,1994 Tuesday. March 8 I:oop.in. Presentation on theWomen'sLawCenter, 545 O'Brian,UB (Ainherst Campus; The Center'smissionisto provide legal servicestoworking women and survivors of famil) violence. Co-sponsoredby the GraduateGroup on Justice andDemocracy. 3:30p.m. "SurvivorsofTorture," 545O'Brian,UB(Amherst Campus) FionaMenziesdiscussesthe workofthe CanadianCentrefor VictimsofTortiire.Co-s/wn«>m by theSchool ofSocial Work. 7:00p.m. "TheAtticaPrison Uprising," 106O'Brian,UB(AmherstCampus) JessupWinners Head ToToronto SBA General Executive Committee Elections for the 1994-95 Academic Yeai Petitions Available: March 7,1994 Rm. 101 0'BrianHall Deadline for Petitions: ■ri.,March 18,1994,4 pm,Rm. 1010'Bria MandatoryMeeting: M0n.,March21,1994, Time & Place TBE CandidatesForum: Wed., April61994, Time & Place TBD Dates ofElections: Tuesday & Wednesday, April 12-131994 from 9 a.m. 4 p.m. at theLaw Library - PresentationbyAtticaßrotherHerbertX.BlydenontheuprisingatAtticaPrison. Co-sponsorec by thePrison TaskForce. Buffalo Law Review Wednesday. March9 11:00-1:00p.m. Human Rights Campaign, Baldy Walkway (across fromLaw Library, 2nc , floor, O Brian Hall), UB (Amherst Campus) Video presentations and campaigns in support ofthe human rights issues ofwomen's am ;hildren's rights and in support ofLeonard Peltier. Co-sponsored by the Graduate Group on Justia md Democracyand theNativeAmerican People sAlliance. 1:30p.m. "HomelessWomen: Meanings and Myths ofHomclessness," 545 O'Brian,Ul Amherst Campus) Stephanie Golden, journalistandauthor, discusses the subject ofherrecent book, Mythso -lomelessness. Co-sponsoredby theBaldy Center, Association ofWomenLaw Students, Anti-Rapt TaskForce, Graduate Groupfor JusticeandDemocracy, Women'sStudies Program, and Graduate Women in Management. 7:30p.m. InternationalWomen's DayProgram, Amnesty InternationalGroup37o InternationalInstitute, 864 DelawareAye. (betweenBryant andSummer Streets). IncelebrationoflnternationalWomen'sDay.lsabel Marcus, professoratUßLaw Schoolani vomen'srights activist, speakson"Women'sßights in the 905." Thursday. March 10 3:30p.m. "TheDeath Penalty in Texas: The Case ofßobertDrew," 545 O'Brian, UB (AmherstCampus) Michael Jackson speaksabouthiswork for thedefense ofRobert Drew, an inmate on Texas' ieath row. Co-sponsoredby the GraduateGroup on Justice andDemocracy. For m ore informationon any ofthese events, call theGraduateGrouponHuman Rights it 645-6184. SBA Vice President Forms By-Law Revision Committee In the wake ofprolonged debate over ideas, such as establishing an independent, SBA procedures, Vice President Paul Beyer elected Grievance Committee/Judiciary to has formed aBy-Law RevisionCommittee to consider complaintsagainstSßA officersand reformtherules under which the SBA operates. renderconstitutional interpretations. InaddiAt its first meeting, the Committee tion, the Committee will look closely at recdiscussedrecommendations for anew, more ommendations contained in least semester's stringentabsenteeismpolicy. Duetorepeated SBAInvestigative Committee Report, which absences, the SBA has achieved quorum,the focussed onwrongdoing by theSBA President Ben Dwyer, the 1LClass Directorwho requisite number of people needed to take official votes, atjustthree ofthe seven meet- led theInvestigative Committeeand authored ings scheduled this semester, hi addition, three much ofthereport, said: "Themostimportant SBA ClassDirectors havebeenremoved from partofourreportwasthesetofrecommendaoffice forexcessive absences. tionsonhow toreformthe SBA and ensure that ' 'Much ofthe gridlock in the SBA has serious violations oftrust don' t happen in the Stemmed from confusion over constitutional future. lamdeterminedtomakesurethatthese procedures and rampant absenteeism,'' said recommendations are incorporated into the Beyer. "By-LawreformswillenabletheSßA constitution and by-laws before the end ofthe to operate with more clear procedural guidesemester." lines and to crack down on the excessive The Committeeplans tomeet weekly on absences that make it nearly impossible to a varietyofissues. Any comments orsugestions conductbusiness.'' for the by-law reforms can be given to SBA Besidesreforming current By-Law proVicePresidentPaul Beyer(Box 334). visions, the Committeeplans to considernew < 1... Violence, contimiedfrompages people that to the survivor, rape isn't something that ends when the physical bruises heal; the effects last for years, if not a lifetime. The Antioch College Sexual Offense Policy will be discussed. Additionally, we will have a discussion where we try to find how today's students definerape. Tuesday: CommunicatingWithEach Other. This is theone evening which doesn't discuss rape. Instead I will focus on the psychological ways menand womencanand do hurt each other. This will concentrate on learning better ways ofunderstanding each other and communicating witheach other. I willhave oneortwo people from the campus CounselingCenteropenthediscussion. Our goal is to getthe students talking to each other about what behavior bothers them, asking questions ofeach other, etc. Wednesday: What You Can Do To Help Night. The final evening will focus on looking forsigns thatfriends havebeen abused or are abusing. We will discuss how to recognize the signs,what to doabout it,when to seek help foryourself, programs students can join to help others(e.g. The Anti-Rape Task Force), letter campaigns, etc. We will also tellwomen wherethey can goforhelpif they havebeenraped. I willask students for their suggestionson whatcan be done to help. Additionally,lwillhavepeoplewithmefrom theARTF. This program is designed to inform. I hope thatthoseattendingtheprograin and/or reading the materials will come out ofthe program witha greater understanding of(he impacto frape on thevictims, and howsimple changes in behavior can prevent misunderstandingsandmiscommunication. I encourage everyone to attend. Signs will beposted giving the exact location ofthe presentation. 1994Casenote Competition Informational Meetingfor 1Ls March 9, Rm 106O'Brian Hall, 5:15 p.m. Thefollowing individuals will berepresenting the University ofBuffalo School of LawattheFaskenCampbellGodfrey Intramural Moot Court Competition on March 19 in Toronto: Karen A.M. Bailey, PeterBeadle, William Gargan, Elizabeth Goldberg.Nicole Johnson, Kristen Jones, Sada Manickam, Scott Rosenberg, Bridget Cawley and Leslie Machado. Cawley andMachadowereselected as alternates. Congratulations to the above first-year students. Those chosen to represent U.B. also attain JuniorAssociate status withthe Jessup International MootCourtßoard in addition to the following students: Craig Brown, Erica Coughlin, Eric Diaz, GinaDiGioia, SusanEtu, Michael Garron, Michael Granger, David Hastings, Darci Hoffand Jennifer Sommers. ... Opinion Mailbox -, continued from page 6 ...All or Nothing, continued from page 6 standing the virtuous ideals that Dr. King espoused which should be celebrated by all Americans, I view the SUNV King Day class cancellation policyand (he corresponding absence ofsuch policy onothernational holidays as affirmative action for African-American interests which, for theabove reasons, serves to dividerather unite the SUNY community. JayKalasnik,2L AddictedTo Melrose Place Dear Editor: Like your Photo Editor, Dan Harris, I must also confess that my wifeKate and I are likewise addicted to MelrosePlace. Thisis the onlyTV series we walch. Somehow I manage to find time for the one hour on Wednesday evening in the middle of the week, between teaching theImmigrationLaw course,reading marriage fraud can involve severe criminal and/or civil sanctions. I note thatDan Harris is not enrolled in the L689 Immigration Law Course, so hisarticulation ofthis misconception will not affect his grade! In general, I considerMelrosePlace to be valuable as sheer escapistentertainment. I commend theproducers, writers,and theactors advance sheets,and maintaining my lawpracfortheir excellenceatwhatthey do. I wouldnot venture to suggest that the showisreplete with tice. profoundtopicsonaweekly basis. However, I would like to correct a common mis, when societal issues are addressed, I feel that conception referenced in Dan Harris commentary. Matt's "greencard" marriageto the they are done tastefully. I particularly enjoy Russian doctorKatya, would notresult inher therelationships betweenthe main characters acquisition ofU.S.citizenship status, even if and peripheral characters, some ofwhomconthe Immigration Service were to approve veniently dieoff(literally)whentheircontract Matt'spetition on her behalf. She would only isup. Some ofthecharacters are unquestionacquire conditional permanent residence sta- ably sociopathic, or otherwise afflicted with tus, which would require a removal petition personality disorders, but nonetheless have theii two years thereafter, at which stage it would attributes, and are found to be attractive by some ofthe moreadmirable characters. I find again have to be demonstratedthat the marriage was bona fide from inception, not a these relationships to be illuminating social marriage ofconvenience for the green card. commentary, in addition to the tastefully porAfter three years from the grant ofthe initial trayedrelationship between Mattand the Serconditional residence status, the alien spouse viceman, both ofwhomare admirable. Ifwe would then be eligible toapply fornaturaliza- were in the 1890's we could characterize the tionas aU.S. citizen, assuming thattheappli- series asa " gay " one, butthatwouldnow have cantwas stillresiding inmarital union withthe a different connotation inthe 1990's. U.S.citizen. In most cases apermanent resiGerry Seipp, Adjunct Assistant dent mustwaitfive years to apply for naturalization. It should be noted that, if detected, Professor for Immigration Law L689 ...Biased, continued frompage 6 cans, Native-Americans, Hispanic-Americans, Asian-Americans, White-Americans, as well as other minorities. Such a diverse panel ofpeople wouldenhanceand enrichmy education as well as my contribution to society. costly battle to givenstheright to express our opinions, however' 'unfavorable they may seem to the majority. Let us not let the tyranny ofthe majority overcome our cherishedright to speak upagainst thatwhich we deemwrongand unjust. Mr. Housh, I, too, desireto make an effectivecontributionto theschoolwhichis Finally, Mr. Housh, I realized that you may have agreed to be one ofthe judges of the competition partly because of your giving me theopportunity to acquire a sound moral obligation to the Law School, which legal education. Althoughyoumayhavehad good moral intentions in participating as a has provided you with the opportunity to acin the competition, I honestly believe judge a decent education. quire legal However, I find your comments degrading, abusive, and that your continuing participation in such programs will not successfully advance the simply not the kind of comments a welleducated lawyer should use, especially to a Law School,northeeducationofits students law student. Personally, I wasn't theleast bit (especially minority students). I think that offendedby your invective-laden comments. your participation hinders (rather than advances)the goalsoftheLaw School. The I am more concernedabout myfellow in inority brothers and sisters who may be inclined School needs alumni/alumnaewho will ento publicly viewtheiropinionsofan endeavor, richand enhance the education ofits students, but may be discouraged by people (such as irrespectiveofrace, color, sex, national origin, sexualorientation, orhandicap status. It yourself) who desire to suppress such opinions. Minority studentsshould remember that does not need individuals who desire to permenand women ofall colors have fought a petuate an unjust status quo. March 8,1994 The Opinion 11 �BAR/BRI BULLETIN DATES TO REMEMBER DAY/DATE ' EVENT FgIDA¥rFEBRUARY 11 official filing deadline FOR MARCH 11th MPRE 18 •— —— for summer 1994 BAR/BRI COURSE SCHOLARSHIPS filing deadline S\JNDA£r J£tetoR\JAK%~27 * - "" TUESDAY, MARCH 15 NOTE: CLASS OF '96 & '97 Lecture: MPRE (Tape Lecture) Presented by Stanley D. Chess, Esq. Location: Time: Tuition: ROOM 106 11AM 3PM FREE for BAR/BRI enrollees - l) 1994 book distribution begins 2) CLASS OF '94 $150 NY DISCOUNT ENDS ($5O discount until April 13) 3) CLASS OF '95 $150 NY DISCOUNT ENDS ($125 discount until April 13) $225 NY DISCOUNT CONTINUES UNTIL APRIL 13 - - WEDNESDAY, APRIL 13 last WEDNESDAY, APRIL 27 filing period begins day for: l) book pick-up 2) DISCOUNTED TUITION for JULY 1994 NY BAR EXAM THURSDAY, MAY 19 ny course begins at live location WEDNESDAY, MAY 25 ny course begins at tape locations FRIDAY, MAY 27 filing period ends for JULY 1994 NY BAR EXAM RAR RFVIFW buf-594 � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Opinion, 1994-03-08 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. Opinion Vol. 34 No. 12 Date Issued Date of formal issuance (e.g., publication) of the resource. 3/8/1994 Bibliographic Citation A bibliographic reference for the resource. Recommended practice is to include sufficient bibliographic detail to identify the resource as unambiguously as possible. 34 12 Publisher An entity responsible for making the resource available University of Buffalo State University of New York at Buffalo Law School Language A language of the resource eng Type The nature or genre of the resource Newspapers Text Is Part Of A related resource in which the described resource is physically or logically included. LIB-LAW003 Rights Information about rights held in and over the resource <a href="https://rightsstatements.org/page/CNE/1.0/">COPYRIGHT NOT EVALUATED</a>. The copyright and related rights status of this Item has not been evaluated. Please refer to the organization that has made the Item available for more information. You are free to use this Item in any way that is permitted by the copyright and related rights legislation that applies to your use. This digital collection is made available for research and educational purposes. Researchers are responsible for determining copyright status, and securing permissions for use and publication of any material. Copyright for items in this collection may be held by the creators, their heirs, or assigns. Researchers are required to obtain written permission from copyright holders and the University Archives prior to reproducing or publishing materials, including images and quotations. For inquiries about reproduction requests and permissions, please contact the <a href="http://library.buffalo.edu/archives/">University Archives</a>. If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/c12850369d6237ae1c27be849b85cba1.pdf c28045c53e54ae40db97eacea3e42058 PDF Text Text , Bringing tin issues u> llw stuJvuh sinci'l949 THEOPINION Volume 34, No. 11 STATE UNIVERSITY OF NEWYORKAT BUFFALO SCHOOLOF LAW February 22,1994 3 Presumed Dead In LakeAccident U.S. Coast Guard ContinuesTo Search For Missing Law Student and Alumni across (lie Lake to Canada early Saturday afternoon. TheCoast byPaulRoalsvig. Editor- in-Chief Guardattempted to trace the tracks across thefrozen lake,and fonndahole in the ice within ainile of theFort Erieshore.There they found a jacket,according toTufts, probably belonging to one ofthe women. TheCoast Guard will continue the search tomorrow. The U.S.Coast Guard today began its searchfor oneUB law studentand two female UB lawalumni who apparently fell through the ice while walking across Lake Erie. Third-year law student Joe Antonecchia, and UB Law alumniRuth Rilchell and JoanneFuchs were reported missing after Ms. Ritchell and Ms. Fuchs failed to report to work yesterday. According to sources, Joe Antonnecchia, Ruth Ritchell, and JoanneFuchs had not been seen sincelast Saturday,Feb. 19. "Itdoesnot look too good," saidCliiefTuftsofthe U.S. (i Coast v ard inBuffalo. According to Tufts, Antonecchia's car was found in the Hamburg beach area along Lake Erie today. Another car, SBA Directors Joe'■Antonecchia, 3L, (L) andalumnusJoanneFuchs (R) belonging to oneof the women, was found on the otherside of the lake, near Fort Erie. Reportedly, the group had set out on a ten mile walk Refugees Deserve Better Treatment By U.S., Speaker Says by Karen A.M. Bailey, Contributor Kathy Riinar, former Directorofthe now-defunct Asy- lum and Refugee Clinic, led a forum on Asylum and Refugee Law lastrnonth. The discussion, which was sponsored by the Graduate Group on Human Rights, focused on thenature and challenges ofAsylum and Refugee Law. Rimar who has handled hundreds of applications for prospective refugees and supervised UB law studentsas they did the same, pointed out that applicants have more success when they are given legal assistance. Thechallenge for legal assistants and lawyers, she emphasized, is to explain the applicant's situationin a"concise yet convincing" manner. The United States, however, receives many claims for asylum peryearand does a poor jobofprocessing these claims expediently, Rimar said. Shecitedthiscountry's bureaucratic style as a majorcontributing factor. By way of analogy she hailed Canada's system for handling such claims as a much more organized and humane approach. Canada hasa betterrecord o fresponding torequests forrefugee status, than does this country. Rimar pointed out that the application process here reflects Uiepolitics Uiat surrounds the issue,forseveral reasons. Shecited the surge in' 'anti-immigration sentiments," which is often based on the problematicperception that people who come from othercountries are(lie reason for America's problems. This attitude is especially prevalent in tunes of economic hardship, Rimar explained, and allows the politicians Kathy Rimar, former Asylum clinic director thatproinote it to evade providing solutions. When the mediapromotes it,Rimar pointed out, people the type ofhumanrights abuses from whichrefugees ilee. For are morelikely to protest thecountry's acceptance ofrefugees example, shecited the story ofanianwho carried lus paraplegic who areoften fleeing theirhome states for genuinefearoftheir sononhisbackthroughthehillsofGuatemala,throughMexico, lives. A forum participant corroborated this point with an in orderto reach a point where they could safely travel to (either example of a investigative news program that presented a this country orCanada) to savehis son's life. In another instance,a woman fled herhome country after discussion on abuses ofthe health systemand portrayed illegal oftins abuse. "themeninplainclothes" -anameforthegovernment'shit perpetrators However, as the immigrants only emphasized Rimar, theabuses against these migrants to meet men whoarbitrarily terrorizeand kill civilians ~ hadkilled her economic ends, never receives the same type ofcoverage. sons. Reflecting on most ofher cases, Rimar believes that, According t( > RimarmanyAmericans cannot conceiveo f despite,popular perception, the refugees accounts and need for asylum are usually direand legitimate. In light ofthis belief, shecited the U.S.'s treatment of Haitian refugees an unacceptable and explained that sumIn the February 8, 1994 issue of the Opinion, we marily sendingback refugees withoutany examinati< >no ftheir printed an interview with SBA President Saultan Baptiste. claims is unlawful. In that interview, Baptiste stated that following an SBA Rimar said that adopting a more accepting attitude meeting, ClassDirectorKevin Collins cameinto theSBA toward refugee claims would be more consistent with this officeand toldhim..." You're going to get yoiirs! ", and that country's intolerance for human rights abuses. Saultanreported this to UB Public Safely. The Opinion has, since that issue, learned that Mr. Collins* words were takenout ofcontext in that interview. The entire statement conveyedby Collins to Baptiste was as follows:".. .when the students holdtheirrecall election, Review: "DarrowFortheDefense" you 're going to get yours! Editorials and Opinion Mailbox Furthermore, contrary to die interview, no report of Correction and Apology: CompromiseTo Resolve Recall Petition Dispute By Jay Chatarpaul, Contributor Aftertwice voting to a draw in attempting toresolve how many signatures are required for arecall petition, the StudentBar Association Board ofDirectors compromised and decided that7 5 moresignatures were needed torecall thepresident. TheBoard set Wednesday asthe deadlineFor theaddedsignatures. The 75 added signatures represent amid-waypoint between the twopositions held by SBA members. Under Article VII, Section 2, ofthe SBA Constitution,arecallisinitiated by submittinga petition containing the signatures ofdienumber ofstudents equal to 50percent ofthe voteatthe "last general election." Somememberscontendthatthenumberofsigrjatures needed should be based on last semester's election for Secretary/Parliamentarian. Ifthis is the case, then the 115 signatures currently on the petition would be sufficientto force arecall election. However, othermembers say that the last general election was the Executive Board election fromlast year.. Since 450 students voted in that election, 225 signatures would be required for arecall election. The petition u>recall SBA President Saultan Baptiste wasfirst submitted at the Feb. 2 SBA meeting. At the Feb. 9 SBA meeting,DavidNemeroffmade a motion to use the November parliamentarian election as the last general election. Baptiste objected to this motion, saying thatthis wasa "special" election and nota "general' election. According to Paul Beyer, a general election is one in whichall the entire studentbody can vote, a criteriathat was satisfied with Steve Lee's election." Ncinero ff smotion was defeatedby a 6-6-1 vote. A second motion to use last year's Executive Board elections to detenninethenumberofsignatures wasalso defeatedby the same vote. Filially,acompromise motion madebyKevin Collins passed by a vote of 8-1-3. That motion required 75 more signatures tobesubmitted by theFebruary 23 SBA meeting. Saultan votedagainst this motion. The current hostilities among SBA officers did not wane atthis meeting. To wit,the emotional debateamong Saultan,Marc Pencpinto, Paul Beyer, and David Nemeroff over the definition of a "general" election led David Nemeroff to submit liisresignation (later withdrawn),and Chuck Greenberg, a classdirector, to curseloudly and slam abookonadesk.TwicetheSßAPresidentwalkedoutofthe , meeting. HIGHLIGHTS these words were filed with Public Safety. Weapologize to Mr. Collins forany inconvenience this may have caused. Fuel For Thought Docket 3 4,6 5 6 �1 I I]H I] fj PffiPER I MPRE REVIEW 8 FREE ANNOUNCING OUR LOCATIONS FOR THE MARCH MPRE EXAMIi ***NOTE: All classes will run from 9:00 a.m.-5:00p.m. Sunday, February 13,1994: M I] live Lecture Amphitheater, Main Floor Fashion Institute of Technology 11 II H II H Saturday, February 26,1994: videotape Lectures 11 Albany Law School Buffalo Law School Boston University Law School Hofstra University Syracuse Law School Georgetown Law School Tblane Law School ROOM E 7/8 ROOM 108, O'Brian hall ROOM 734 ROOM 217, Breslin Hall TO BE ANNOUNCED ROOM 154 TO BE ANNOUNCED [I Sunday, February 27,1994: video-tape Lecture ij NYU Law School PACE Law School Room 110 Room 403, Preston Hall H ll M H H H H |1 H ■I [I |1 To reserve a seat, call 1-800-635-6569. This course is 100%free of charge wliether a Pieper student or not All students are welcome NO MATTER I] WHAT BAR REVIEW COURSE YOU ARE REGISTERED FOR.!!! IJ Contact: Pamela Valenti, Karen Judd, Chris Keller, Marjory Avant, Greg Hill, and Hector Figueroa 1] H H H H Ij H IjN [I11 �,, the Defense : A One Man Show Theatre Review: "Dairow for by Paul Beyer, Staff Writer ''Darrow for theDefense,'' aone-man capital punishment. In his defense of the Pennsylvania coal miners, he almost play by Fred Keller depicting the life and singlehandedly secured theright to an eightcourtroom battlesof tamed litigatorClarence hour working day. His most famous case, the Darrow, began itsnm lastFriday at the (!afe in Scopes' 'Monkey trial, brought thecontroverthe Square at diecorner ofMainand Harlem in sial issue ofevolution to the public and made Snyder. I had thefortune ofattending aprey iew amockery ofhis opponent, William Jennings ofthisabsorbing performanceataGrange Hall Bryan, a prominent politician at the time. in Fredonia, NY last week and I would encourDon't be put offby the fact that this is a age all law students to see the play, if for no one-actor play. We have all become so accusother reason but to catch a glimpse ofone of tomed to legal proceedings from the floodof America's first and foremost public interest lawyer shows on TV that it became almost attorneys. automatic for the audience to fillin the blanks Clarence Darrow was best-knownft>rhis and thecharactersin lv's courtroom portrayals. legal defense oforganized labor duringtheturn In fact, actors in theroles ofwitnesses, judges of die century and his staunch opposition to andjurors wouldhave been too much whatwe Humor: By Steve Balet, Contributor stead. (1) Books - Gay Life at The play perhaps intentionally gives Melrose Place little insight Darrow's personal life friends, upbringing. Ofthis, PhotoEditor by getonTV,anyway. into we only family, learn abouthis difficult divorce from his first wifeand his joywithhis second. However, I didn't attend the play to learn about his personal life, but to gain insight into his brilliant legal mind. The play achieved that goal. By far, the most enthralling aspect of "Darrow for the Defense" was Keller's reenactment ofDarrow's most excitingand controversial court battles. At one point, he humorously toys with an imaginary witness, WilliamJeiuiings Bryan,on thethen-emerging ...DarrofV,continuedonpage6 "Give It To BPILP, Instead" This semester BPILP has asked 3rd years not to purchase a cap and gown for graduation, but to instead donatethe money thatwould havegone towards thispurchase to BPILP. BPILP has received a tremendous response to this unique and original fundraising concept,andbuoyed by theoverwhelmingreceptivenessofthe 3rdyearclass, BPILP is now asking Ist and 2nd years to contribute as well. Below is a list ofother purchases law students normally makewhich BPILP believes we should forego the purchases and donate the money to BPILP in- AH ofour textbooks are available in thelibrary on reserve, so there is really no need to buy them ourselves send thatmoney to BPILP. (2) Copying How many dimes have you dropped in the library copying machines, withjusta little bit ofplanning ahead youcan have time to copy everytlu'ng by hand. Spend a little time give a little more to BPILP. - - - —I (3) Resumes -Weall spend a great deal oftime and money sending outresumes, this money could be diverted to BPILP instead. After all, there are plenty ofon campus interviewsto choose from save that stamp money. (4) Sliirts A recent ruling in the Stateof NewYork allowsboth women and mento walk around topless. Think abouthowmuch money you spend on T-shirts every yearand think abouthowmany BPlLPprograms that money - - (5) Never shake hands with an interviewerand then say "Comeon givemea real handshake". . (4) Never ask if anyone in the firm wouldhavea problem with a keeping a cat in the office. (3)Neverglanceat a family picture on the deskand say " So I guessyou must enjoy working such longhours" (2) Never, when given a hypothetical, could sponsor. say "Well we didn't cover that in class." And the number 1 thing you should (5) Paid Parking- Hey there areplenty of unpaid parking spots available on campus. It never do on an interview: just takes a little tune to find them, so pack a (l)Neverspit,grabyour crotch, and say lunch and eat in thecar, but feel good about the "So what am I looking at in sick days and SlOO you are donating to BPILP. vacation time." Ifyouhaveatip for gettinga job,please Some GoodAdviceFrom the CDO submit it to Box #715. Once again those tireless workers at CDO have published someexciting tipsonhow to gainemployment. Here, straightfromCDO is a list oftheTOP 5 tilingsyoushouldn 't doon an interview. --' Legal Term ofthe Week is — 'slippery slope used in a sentence A ' 'slippery slope "isa tort waiting to happen. — It has been 61 clays since thelast law final. Do you knowwherevourgrades are? � Central location in NYC's most charming neighborhood � Apartments with private bedrooms in modern, air-conditioned, 24-hour security buildings � Excellent living facilities for individuals and families � Eligibility to buy a pass to use NYU's sports and fitness center; free, noncredit weekly evening lecture series •••• May 21-August 13, 1994 You are please FAX or mail the coupon below or call 212-998-6512 1-, From I to: and hors d'oeuvres. Date: Thursday, March 10, 1994 Time: 4:30 Place: University Inn and Conference Center 2401 N. Forest Road, Amherst - 6:30 p.m. R.S.V.P. c/o Career Development Office Room 309 by Friday, March 4 I have any questions, please call Jane McAvoy at 848-1505 // you I Address j City State ) Zip Code Evening Phone ( i V * ) I I School/Company/Affiliation J New York University is an affirmative action/equal opportunity institution I What brought my interest to a head on the show isa recent multi-episode story thatinvolved Matt in a relationship with another man. It's thefirst time during the two years ofthe series that they 'ye given him aromance that lasted more than one episode. Mart's romance lasted three episodes. Theleastamountofepisodesofany ofthe heterosexual characters' romances has beenaround six episodes. The episodes involving Matt's romance had an ironic twist to them. His romantic interest was aNavyman, whohad to stay in the closet. Matt pressed him to ...Melrose, continued onpage 6 Approximate dates of stay? I Name I Day Phone ( citizen.) cordially invited to a cocktail reception Join us for cocktails *^USS^ißesidences, ; J think it's timethata gay character be given a serious role in amajor series. However, I 'm disturbed thatMatt,the gay character, is basically a token character. Throughoutthe seriesMatthasbeen the least used ofall the major characters. During the first episodeshis sexual preference was only implied. In fact, wherethe law ofsoap operas is that all soap operas must havea wedding, theonly weddingwas whenMattmarrieda woman. (A marriage ofconvenience soshecould becomealLS. sponsored by Hodgson, Russ, Andrews, Woods & Goodyear of Buffalo, New York. For more information on the rl J always a cliflhangerending. When the series began, one facet whichmade theshowlookadmirable was that one of the main characters is gay. I TO THE CLASS OF 1996 j I FAX or Mail to: I Summer Living i NYU School of Law 240 MercerStreet I New York, NY 10012-1558 I FAX: 212-995-4033 Ihaveaconfession. I'm addicted to MelrosePlace. It'sacompletesoapopera, with all of the elements thereof: More affairs than I have hairs on my beard; every cast member looks like a model; each couple breaks up and gets together an infinite number oftimes; and always, always, HODGSON RUSS ANDREWS GOODYEAR J AnORNEYS AT LAW Live in the heart of historic Greenwich Village this summer. One-WeeK Minium Stay Dan Harris,. I— v I SPECIAL SUMMER RATES Commentary: A-5 I February 22,1994 The Opinion 3 �Opinion Mailbox Volume 34, No. 11 February 22,1994 February 22,1994 Volume 34, No.ll Volume 34, No. 11 Founded 1949 Editor-in-Chief: Managing Editor: Business Manager: NewsEditor: Feahires Editor: Layout Editor: Photography Editor: Art Director: February 22, 1994 Paul H. Roalsvig Kevin P. Collins LisaNasiak SharonNosenchuck Peter Zummo Evanßaranoff Dan Harris Katliy Korbuly StaffWriters: Saultan H. Baptiste and Paul Beyer Contributors: Steve Balet, Karen Bailey and Jay Chatarpaul ComputerConsultant: Peter Beadle EDITORIAL Give It Some Serious Thought Last fall, this newspaper expressed its support for theidea thatthe UB School should move its future home to downtown Buffalo. Recent Law articles and editorials in the Buffalo News (Feb.6, Feb. 7, Feb. 16) demonstrate that the idea is beginning to spread among members of the Western New York legal community, as well as other local community leaders. Justice M. Delores Denman of the Appellate Division of State Supreme Court has come forward as a chiefproponent ofa plan calling for the incorporation of a new Erie County Court complex with a new law school building. Supportingthisproposal, State Appellate Judge Samuel Green stated that many law students at ÜB, by thetime theygraduate, will never have seen the inside of a courtroom, and "... that's wrong". Attorney Peter J. Fiorella, Jr., president-elect of the UB Law Alumni Association, is also for the move downtown. InhisFeb 16. commentary in the Buffalo News ("Returning UB Law School downtown would benefit students''), he compared moving the Law School from its downtown home to the Amherst campus in 1973 to pulling a flower "out ofthe garden" and stickingitin "atest tube". Only that "infinitesimal percentage' ' ofthose law students destined to become law professors benefitted by the law school's move to Amherst, he writes. For the vast majority of law school students, "the flower wilted. The objections to this proposal have come primarily from the many levels of faculty and administration at SUNY and the Law School. Despite the number of articles on this topic, UB President Greiner has simply deemed the issue too premature to discuss. But Dean Boyerhadalready, bytheendoflast summer, complainedoftheinadequaciesofO'Brian Hall in housing the Law School. Other objections are couched in terms relating to how UB Law School's legal philosophy would suffer, or how the multi-disciplinary programs and courses makes it imperative that UB Law School remain a part ofthelarger campus. Butthesemulti-disciplinaryprograms constitute only a small minority of law students. For the vast majority, there is perhaps lacking todaya neededbalance between learning the theory and the applicable practice of the law. It is the striking of that balance that makes a great law school. Another argument is that SUNY, with land holdings in Amherst, would never agree to purchase the additional real estate in downtown Buffalo needed for a new law complex. However, the Buffalo News editorial ofFeb. 7 addresses this issue, and states that plans could be drawn up whereby Erie County and NY State share in land and utility acquisition costs. The proposal should be given serious consideration. If this Law School in fact desires a closing workingrelationship with its alumni and the western New York legal community, it should be paying close attention to those voicesthat offer solid suggestions on how to improve the standing ofour law school. To hearthat a faculty member responded to this proposal by asking rhetorical ly '' Why not move the courts to Amherst?" onlyreveals a lack of concern for the long-term interests of our law school. Copyright 1993. The Opinion. SUA. Any reproduction ofmaterialsherein is strictly prohibited withouttheexpresseonsentofthe Editors. The Opinion ispublished every two weeks during the Fall and Springsemesters. It is thestudentnewspaperoftheState University ofNew York at BuffaloSchool ofLaw. Die views expressed in this paperare not necessarily those oftheEditors or StaffofTlie Opinion. The Opinion is a non-profit organization, thirdclass postage enteredat Buffalo,NY. Editorial policy ofTlieOpinionis determinedby theEditors. The Opinionisfunded by the SBA from StudentLaw Fees. TheOpinion welcomes lettersto theeditorbutreserves theright to edit forlength and libelous content. Letters longer thantlireetyped doublespaced pages will beedited for length. Please do not put anything you wish printed under our officedoor. Submissions can be sent viaCampus or UnitedStates Mail to The Opinion.SUNY AB Amherst Campus, 724 JohnLord O'Brian Hall,Buffalo, New York 14260(716)645-2147 orplacedinlawschooi mailbox761. Deadlines for the semester are the Friday before publication. The ideas expressed in the "Letters to theEditor" and on the commentary pageare not necessarily endorsedby theEditorialBoard ofThe Opinion. 4... The Opinion February 22,1994 ■ Don t Downplay President's Conduct To the Editor: James Lynch's recent letter to The. ion, while valuable as a much-needed call forcooperation, dangerously downplays the misdeeds ofthe SBA President. James refers to Baptiste's actions as "... alleged slights, real or imagined." However, Saultan'sactions were, unfortunately, veryreal and far more thanmere "slights." The fact is thatthePresident used publicmoney forliisownpersonal debts. Compare thisaction to Webster's Dictionary's definition of embezzlement: "to appropriate (as property entrusted to one's care) fraudulently to one's own use.'' James' letter also fails to acknowledge that tliismatter could have been settled long ago if the President hadacted with some dignity early on. When Marc Panepinto and I first discoveredthePresident'suseofSßA funds forhis personal phone bill, we called Saultan in Boston and gave him theopp< irtunity to handle thisproblem ma forthright manner otitisown choosing. Instead ofrespecting tiiisopportu- nity, lie setdown apaUi o tretaliatory behavior and accusations ofpoliticking that has prolonged thiscontroversy and hurt innocent parI would welcome nothing more than an expeditious resolution of this matter and I respect James' distaste, as a Quaker pacifist and an SBA colleague, for therurbu lence atthe SBA. However, actions such as those in question, particularly by one who hopes to practiceaprofession in greatneedof image-building, cannot be swept underdie rug. That the process has been less than perfect does not detract from the gravity of these misdeeds and the need to adequately address them. We are all being trained to arrive at the truthbehindwrongdoing and defend the abstract concept of justice. Let's not betray that charge in the name of avoiding conflict, a difficult, yet necessary, element ofourpolitical and judicial systems. Paul A. Beyer SBA VicePresident Baptiste's Firing OfAssistantWas Wrong To The Editor: Justanother letter concerning Saultan Baptiste (surprise, surprise). However, I am not writing to substantiate or comment on any of die allegations offiscal misconduct. I am writing to comment on another of Saultan's actions: firing Robin Leve as SBA Administrative Assistant. Not to belittle Saultan's otherntisdeeds, butlitis, in my mind, was a far more inappropriate action than the alleged misappropriationof funds. As many of you know, Saultan tired Robin Leve as Administrative Assistant on moming this occurred. I,along widia couple of other students, gave Saultan the benefit ofthe doubt,andasked him why hereally fired Robin. It seemed doubtful he would do so merely to underminehis accusers. Hisanswer was thathe didhavegood reasons forhis action. He told us, though,that hecould not discussthesereasons untilthe SBA meeting thatnight. Goodenough. I wantedto hear this, so I attendedmyfirst SBA meeting. Saultan showed up, refused to give any explanation as to why he fired Robin, and left. As far as I know, he has never given the reasons he has claimed exist. Obviously, the only reason wastliepe try factthatsliewas hired byPanep intoand Beyerrather dianby ourgreat SBAPresident. Prior to the firing ofRobin Leve, I had beenriding (lie fence concerning whether Saultanwas truly guilty oftiie misdeeds alleged, but his actions in this instance persuaded me that his character is not diat of someone I want representing me. Robinwas fortunately rehired by the SBA (with Saultan absent), but there is have been penalized? Saultan fired her first still somehouse cleaning to be done. Enough thing thatmorning. No thoughts ofher feel- sugar-coating Saultan Baptiste shouldbereings. Nothoughts ofthefact that sheisahuniau moved fromoffice before he wastes the SBA's being. Isn't tiiat fact more important than time ortarnishes die school's reputation any Saultan'sdesire forrevenge against thosewho longer. exposed him? Chris Widholm,2L I happened to stop in the SBA o ftice the her second day of work early in December. Why? Wasshelatefor work tliatday? Did she get caught making long-distance personal phone calls withoutpaying for them? Was she unqualified? No. She was fired because die day before she washiredby two other Executive Board members, Paul Beyer and Marc Panepinto (which isapparently properprocedure forhiring an Administrative Assistant). Even if it was notproper, diough, should she - Federalist SocietyAngry With 'Phil' To the Editor: I wouldreally like to discussthebrainless comments made by "Phil" in the holiday? Areyouso insecureinyourliberalism tliatyou feeltiireatened by tlieFederalist Soci- Opinion'sValentine'sDay issue. Firstofall, it's' 'Mark" Urbanski, not"Marc,'' thankyou verymuch, Fill. Isthat" Fill" as in " FuUuvit" ? Yes,Fill, that wasan ad hominem. You seem to be familiar with that form ofexpression. You managed toattack dieFederalist Society, or its president Mark Urbanski, no less than five times in die Opinion, as well as Dean Boyer, faculty members, and UBLaw School in general. What is yoiu problem? Are you bored or do you simplyhave a highlighter up your butt? Are you upset because it's Valentine's Day andyour sexual dysftuiction at UB Law School that you feel compelled to insult the veryinstitution that was compassionate enough to admit you? So insecure in your manhood(orpersonhood)diatyou feel dieurge to spew your unwanted vomitous ramblings throughout the Valentine's Issue ofthe Opinion? Look, you schmuck, ifyou havea problem with the Federalist Society, why don't you come toournext meetinganddiscuss itwith us? Otherwise, keep yourpetty Juvenile, ignominious, luiprofessional, inappropriate, excremental comments to yoiuself. has prevented you from fully enjoying the m— ety?So insecureaboutyoiumerepresencehere Mark Urbanski ———————————————————————— ••• KJplttlOfl lYlCllluOX. continuedonpage 6 —n j The Opinion's Next Issue is March B.The submission deadline for that issue is Friday, March 4. �Fuel For Thought Features Editor By Peter Zummo Moving It's idea that seems to be gaining momentum widieach passing day: Build a new Law School in downtown Buffalo. Welike to think thatit all started with an editorial in last semester's Opinion, and now it seems The Buffalo News has jumped on thebandwagon. That newspaper first broke the story with a newsarticleFriday.Feb. 4, followedup withan editorial praising the idea on Monday, Feb. 7, and justlast Wednesday ran an op-edpiece by PeterJ.Fiorella,Jr.,President-electoftheUß Law Ahuraii Association supportingthemove. 1 think the ideahas merit, but there are a few issues (hat directly affect students that have not been raised. First, parking. Ifyou thinkparking onthe Amherst campus is bad, wait until you try parking downtown. I think that it should be made clear right from the start that adequate and affordable student parking must be provided at the new complex. By adequate I don't mean 100 spaces for 900 students, I mean at leastSOO spaces loran anticipated 900 student enrollment. Most students who live in the Buffalo H DowntowmA Good Idea, But... areadon'tuvedowntowniiow,andwon'tiiithe Has anyone checked thecrimerate for down- corree wmiout ieeimg luce we re ar urana future if UB relocates. They will commute, town Buffalo lately? It seems not a day goes Central Station. With the current level ofState funding and will need parking. Shidents who are not by withoutanother murder in tliecity. Sure, the SUNY, to it justmight bethattheonly way w proposed Courthouse/University complex from WesternNew York will also needparkfrom 9 to what can realistically hope to get a new building 5, but ing, because thelast time I checked, mdessyou would probably be safe whenHie ime? through ajoint venture, withdie State, County judgesand lawyers goIk coiuit $200,000condos, tlierewasnoavailable happens City all participating. There would b both the of the and building and housing in downtown Buffalo. Most people The security of should somebenelits to having UieUniversity becom beofparamountconwill continue to live in the suburbs, or at best, studentsat night to mrt complex. Students wouldbe to have a apart of the G right in othersections ofthe city. As formass transit, cern everyone. Students real, working law on a dai! to exposed classes and a environthe study in secure doyou really want to be riding the Metro tram attend look having to over basis. Clinical experience would be read! orbussesat 11 o'clockatnightafteralatenight ment, without constantly all, to dieirshoulders. available and the ambianceof snidyin study session at theLibrary? I know I don't. think there no law a court functioning complex mightmak I in wrong, Don't is getme Let's not forgetabout theaffordablepart the needs a new and raise ou perhapseven at all that Law School ÜBmoreattractive $7 doubt of thcequation, either. I don't wantto pay now, national separate identity ranking. We have no no toslOadayfortheprivilegeofparking. Itliink building. thecurrent$ 50 transportation fee should cover independence at all. o'Brian isbeing used for Given the choice between O'Brian anc undergraduate classes and by other departthe cost completely. floor second a new building downtown, I would favor di to ments of the The University. Another important factor beconsidlaw But thereareproblems to overcome anc more ike an walkway than a move. 1 airport the latest seems statisered is safety. According to on is nonserious issues that will affect the studen virtually days. school most Space tics, (The_Sjiejaruni, Monday, Feb. 14,and at We need more classThese concerns must beaddressee everyday. existent this point. Wednesday, Feb. 16) crimeand auto Uieftsare resolved and more student and before the decision is made to rooms, more office space ontherise atÜB. Right now, weareasuburban to with As we no this place proceed project. As bad as we hay lounges. things stand, have campus, located inAmherst, one ofdie safest conversation, now, or want I want to it wouldn 't quite tojiunp from thefrying atour we have a go if towns in Erie County. Ifaproblemexists of intothe with for a and fire. cup pan down some friends justsit current location, what will liappen downtown? ■■ ■ 111 I II ;p»- parents-friends >° ■ Hill If 111 ■■■■■! ore \o**»jers. 6C(a,me be.it -friends mit* all |m III II ■. twars. MC* I\> HP** (W T' ) IT#/ , ? > A° ,*0 ■ IINTERROGfiTIOMS |a.'Wh36 ho«iA«e |3.U»v/KWecaa I - . 0 Par .0.0.0.0.0. OrKn^.l J yN 1 P.eces (A) ~ dice . • 0 0 jdaMT 0 .0 —V— J the,r O Qotv-er "L.fl. --= I TZ^±f^l^a^^L.m v' W <f v I * « 'IwV obs "***■ a uMe ,Nj|Mf[[HK ? The placer u/.<»h the least o-- „a»~Z7X»7T"M H's >t,13 ftrst.Players 4-alce o **"S 301n9W.pl «™ d 6 uses ro* m a pcrpe+ual circle. Vrecnow /.errc/cs ■ to Comproroise -*«,<» S4er-s thft last • -»*or.- 9<M*« «wa»w his/her efhical s+andcu-ds, .q.0 . >-, 0 ©199H IAKE Z« SU6T6CTS amo ordered . bu"TSSis pauon ;*=£ 0 * a,- SSMf of "*P "inttrv.-fti.ed offered i clients" «?«*?*> 'if' '/ —~ " sM£+s IT/,(V a*id "rrwidest rrr=~j\ ' I *"•** IftpOl V C A ' 0• ■ ?OC? " o -l ■ v• ? r7 n flom »nd Dad la"t ves aj*»'° v ' The J&b Hunt dm l mKll — cUssmates u*«te I Ideals tolls ■ disasters and 13 \, . ii_ D)« . ° S«E v. iCorbuiy; * 'ftSU I*-paper K | C\ \> x ~«;> wouub, wcMi.woi*. airplanes r 7<tt ,' g on \ YOU PASSED.. GOTO February 22,1994 The OpinionPage 5 I 5... �Opinion Mailbox, Continuedfmm Another ResponseTo Kalasnik's Letter traditionally shared.. .special bonds.'' This is even more baffling when considered in the I feel compelled to respond to Mr. Jay context of the life ofDr. King. The division Kalasnik's letter.to the editor (Opinion, Jan. betweenblack and whiteis oneofthe deepest 25). Asapreliminarypoint, I must note that one in tli is society, and whileI wouldagree thatthe of the problems we have in bringing people cause ofjustice and equality is not served by together in this society is the ease with which thosewhose inflammatory rhetoric servesonly we label one another. Both in our speech and self-aggrandizement, onecannot look to those inour minds itis comfortable to impose some who arereacting to the divisions in thiscountry structure and orderon the chaos oflife. Thus and blame them for these divisions. Those we use words that label people and groups. divisionshave been caused by the pervasive, words (e.g. "leftist," persistent (and perhaps ineradicable) racism These "multiculturalist") are often used pejoraofthis society. Thisracism takesmany forms, tively. What is worse, the use ofthese words ranging from theovertand violent (as seen in is often not descriptive at all, given that the themurderofYusufHawkins in N.Y.C.) tothe range ofattitudes and opinions forms a specmore subtle variety (such as having to wait trum, and thesepoints ofview are not suscepsignificantly longer than other patrons to be tibleto such arbitrary groupings. Such groupserved in arestaurant) thatflourishes whenthe ings serve a political purpose, however. By law finally discouragesovertracism. Thoseof us who recognize this must understand that pointing to tlie fringe element, withits fantastic claims and demands, and labelling it many whoare not thevictims o fthisracism are "multiculturalist," one can diminish thecredoften blissfully unaware ofit, and even those ibility ofthose who merely wantto ensure that, withbenevolent intentions may be bewildered for example, thecurriculum is fairand objecby those who point itout. I suspect thatthose tive, and takesnotice ofall ofus. This brings wholive their lives confronted by these chalinetomymain point:althoughldonotdisagree lenges would not claim to feel any "special bond" with allAmericans. I can only speakfor entirely with Mr. Kalasnik's letter, his comment that "multiculturalists" will wreak myself, however, and so I must state that although I am proud and grateful to havebeen havoc on thisnation by "destroy[ing] thespecial bonds that all Americans have tradition- born in this great, albeit imperfect nation, on the birthday ofDr. King, I can onlyremember ally enjoyed,'' prompts me to pen (word process?) this letter. I find it hard to believe that thatI haveseen far too much from my provinanyone growing upwith his orher eyes open in cial, bigoted, close-minded brethren to beable America couldthink that"allAmericans have to deludemyself into thinking thatweallshare, ...Melrose, continuedfivmpage3 l page 4 orhave traditionally shared,a special bond. EdwardV.Jeffrey,2L To the Editor: SBA SaysThankYou The Student Bar Association and the Buffalo Law Review wish to thankall those whoworkedliard inpainting, plastering, moving furniture and thegeneral renovation efforts in rooms 603/605. Yourwork has provided new and improved office space forstudent organizations. Thanks foryourhelp: Michael Jung SaraAshcraft Jeanßreiuiar JoeKhan na Paul Beyer JenniferCardamone PaulDarcy DaveKoehler Ben Dwyer PaulRaimondi AmosEdelman Shirley Fang Darryl Salas AlanaFuierer TomGlascock Kristin Graham Stu Graham EdJefferey JamesLynch Michael McLaughlin Chip Russell Kevin Szczepanski Doug Sylvester JeremyToth Eric De La Vega Sincerely, Saultan H. Baptiste SBA President and Jolm Craik Editor, Buffalo Law Review D The ocket WHAT: "AnimalLiberationTliroughaFeministLens" 108O'BrianHall WHERE: Human Rights WHAT: Graduate Group on WHEN: Wednesday,March2,4pm. Meeting THE LOWDOWN: Batyaßauman ofFemiWHEN:Tuesday,Feb.22,3:3op.m. nists for Animal Rights presents a lecture 256Capen WHERE: LOWDOWN: Planning for Human Rights addressing the similar treatment ofanimals Week. Any questions orifyou can't make the and women in a patriarchal society. Lecture is meet ing and wouldlike to be involved with the free ofcharge and open to the public,sponsored planning for Human Rights Week, contact by Students ofLaw for Animal Rights (SOLAR). Sharon, 408 O'Brian, 645-6184. The Low down WHAT: Human Rights Week WHEN: March 7-111994 LOWDOWN: Aweekofhumanrightsevents sponsored by the Graduate Group on Human Rights. Human Rights Week is a week-long series ofevents promoting humanrights. The Grad Groupencourages all UB organizations to sponsorhuman-rights related eventsduring tions, contactManii Bogart. this period.Events tliathavebeen sponsored in the past include speakers, videos, and other WHAT: Annual Mugel NationalTax Compepresentations. I fyourorganization wouldlike titionSemi Final and Final Rounds to co-sponsor a human rights event during at WHEN & WHERE: Feb. 26; semi-finals noon inrooms 107and 109 O'Brian Halland Human Rights Week or you would like to participate in the Grad Group, contactSharon, finals at 3 p.m. in the Moot Court room. room 408,645-6184. The a Mugel Competition is LOWDOWN: mootcourt competition sponsored by national the Buffalo Moot Court. It will involve oral WHAT: Patent Bar Review Course argument concerningajurisdictional issue and WHEN: March 10-13 WHERE:New York University SchoolofLaw whetheradivorced spouse is liable formisrepresentationsmadebyherhusbandtothelßSon LOW DOWN: TheInstitute forPatent Studies has scheduled a local patentbarreview course their joint tax return. for law school students. The course is for WHAT: James A. Coon Memorial Writing studentswho are preparing forthe registration examination in theU.S.PatentandTrademark Competition Office. Total number ofclassroom hours is 1, March by Entries must bereceived WHEN: fifty; one half ofthe program is directed to 1994. LOWDOWN: The NewYork State Bar Asso- reviewing the Manual of Patent Examining ciation Municipal Law Section has estab- Procedure and the other half is directed to lished an annual writingcompetition on New claim drafting and analysis. A 1994Program YorkLand Useand Zoning Law. The winning Guide and discount information can be reauthor willreceive a $500 cash prize and their questedby calling theInstitute at 1 -800-392-6512. entry will be published in theMunicipal lawyer. The competition is open to any student attending a law school in New YorkState. For WHAT: Possible Establishment ofAmerican more information call Patricia Salkin at (518) Trial Lawyer's Association Student Chapter THE LOWDOWN: ATLA's(AmericanTrial 445-2329. Lawyers Association) Law Student Services WHAT: AWLS speaker WHEN: Tuesday, Feb. 22,at4:00 p.m. WHERE: 207 O'Brian LOWDOWN: Paula Eade Newcomb, Esq., attorney withHurwitz, Fine, whose practice specializes in insurance, litigation, and nofault arbitration, will be speaking. Any ques- 6... The Opinion February 22,1994 Committee has agreedto help UB Law School establish an ATLA Student Chapter. Interested studentsshould contact Dean Newell. WHAT: Sub Board I, Inc., the UB studentowiied, student-operated campus service corporationwould like to announce theavailability of its Programming Grantsfor the Spring 1994 semester. WHERE &WHEN: Grant applications are available in room 341 oftheStudentUnionand are dueMarch 1,1994at4:30pm. LO WDOWN: Grantsare available to student organizations and innovativepublications for the expansion ofexisting programs orthedevelopment ofnew ones. For more info rmation, contactDon Johnsonat 645-2954. WHAT: Vermont Law School's Summer Environmental Law Program LO WDOWN: For brochure and application, writeto SummerSession, VermontLaw School, Environmental Law Center, PC) Box 96,South Royalton,VToso6B,orcall 1-800-227-1395 extension22ol. ApplicationsaredueMay 1. come out of the closet. The point ofthe episodes appeared to beabouthow important itis for society to accept sexual preference. W hat I find so ironic about the story aboutacceptanceofhomosexual romances iswhatwasshownoncamera-ornotshown on camera, to be precise. With all ofthe heterosexual couples running around Melrose Place, never have I seen an episode that didn't show a couple in bed, kissing, the woman's shoulders bare; the activity obvious. I had hoped that they would show the same with Matt. Any sexual activity between Matt and hisromantic friendcan only be implied orsurmised. Therewerenobedscenes. No kisses were exchanged betweenthem. No requests to make love weremade between eiiherofihein,asopposed torequests being made in every episode by involved heterosexuals. The episode showed only two tilings. First, the menhugged. Somehow, that just doesn't seem to imply or say anything at all. Many series show heterosexual men huggingall the time. It'sasign offriendship. It saysnothingaboutromantic interest or sexual orientation. Second, inone scenethemenreached to out hold hands. That's an important gesture. Idon'toftenseeheterosexualmen holding hands. However, although thetv screen showed the men's arms near each other, (heir hands were kept off screen. Apparently it's taboo to show thatmuch contact between men on tv. In many ways tv provides us with examples of life outside our own small worlds. Let's face it, no matterhowactive our lives are, most ofus see only a small picture of the whole ofsociety. I realize that tv for the most part is a fantasy, an unreality. Obviously no place has the action, and exhausting interpersonal exchanges ofMeJrojjeJMasg. Nevertheless, tv providesexamples ofpossibilities. In some ways once we see something, it providesuswithanexampleofwhatcanbe made acceptable. An example ofthis comes from the classic tv show Star Trek (the original series). As science-fiction, obviously the show was fantasy. However, societalactions within the fantasy worldcan be very constructive. Looking beyond the spaceships which will never exist within our grandchildren's lifetimes, the series has the distincthonorofhaving shownthe first interracial kiss on tv. Despite the rest of the show beingabout aliens, I don't think people dismissed this action as fantasy. No matter whatthe program, Ithink it'simportant for tv to portray the world that can, and should be. I admire the producers ofMelrose Place for having a major character who is gay. Now I hope they can take the necessary step, andportray a gay person's life in the same detail as aheterosexual person' s. ...Darrow, continued frompage 3 debate over creationism and evolutionism. Since thereis no jury, hisclosing arguments in each case are directed at the audience, which becomes the jury. This form ofaudienceparticipation works very wellasl fellthe force ofthis great litigator's oratory and the emotional appeal of his arguments to his juries. The play dragsa b it during longperiods ofmonologue betweenthecourtroom scenes. However, during these periods the play becomes an interesting history lesson from a talented storyteller. Keller depicts with believable horror the living conditions in Pullmantown before the Pullman strike. He I L also spins (he bizarre tale ofthe Haymarket Square bombing and the socialand political sentiments surrounding that event. I would recommend this play to all law students. At a time when thelegal profession is suffering fromalowpublic image, "Darrow for the Defense" provides some hope and inspiration froma great historical figure. The play continues to be shown at the Cafe in the Square at thecomerofHarlemRoad and Main Street in the town ofAmherst, NY., with performances Friday and Saturdayevenings, as well as Sunday afternoons. Reservations arerecommended by calling 882-5914. Probing,Timely, Controversial, Beer... Join the Opinion. Ca J!il!i*l j I J �I BAR REVIEW I I Introducing... I tm Immediate review of key bar exam principles 1 M^ lnstant diagnostic feedback in 30+ MBE sub areas Customize your program by adding personal notes I J Two test modes double your study options I A I I I [P P| ■ from the leader in bar review innovation! I I I I I jk &# MPRE LECTURE Presented "by STANLEY D. CHESS Bar Review Date: President, BAB/BRI More people take BAR/BRI than all other bar review courses combined. And more people take BAR/BRPs course on the Multistate Professional Responsibility Exam (MPRE). For all second- and third-year students currently enrolled in law school and enrolled in the BAR/BRI bar review for New York, New Jersey or any New England state, all you need do to take the MPRE course is complete an MPRE course application.No additional money beyond your $75 bar review course registration fee need be paid. For non-BAR/BRI students, the cost of the MPRE course is $75. BAR REVIEW The Nation's Largest and Most Successful Bar Review 1500 Broadway, New York, NY 10036 • (800) 472-8899 20 Park Plaza, Suite 931, Boston, MA 02116 • (800) 866-7277 CTTXT i3LJIN • j TTTTU JT H/Jls • Id /til Timp* line. [ AJVI - 3PIVI PIa.CCI i ■■■■■■■■■■■■■■■■■■■■■■I "• �BAR/BRI B ULLETIN DATES TO REMEMBER DAY/DATE EVENT FRIDAY, FEBRUARY 11 official filing deadline FOR MARCH 11th MPRE FRIDAY, FEBRUARY 18 filing deadline for summer 1994 BAR/BRI COURSE SCHOLARSHIPS SUNDAY, FEBRUARY 27 Lecture: MPRE (Tape Lecture) Presented by Stanley D. Chess, Esq. Location: Time: Tuition: TUESDAY, MARCH 15 NOTE: CLASS OF '96 & '97 ROOM 106 11AM 3PM FREE for BAR/BRI enrollees - i) 1994 book distribution begins 2) CLASS OF '94 $150 NY DISCOUNT ENDS ($5O discount until April 13) 3) CLASS OF '95 $150 NY DISCOUNT ENDS ($125 discount until April 13) $225 NY DISCOUNT CONTINUES UNTIL APRIL 13 - - WEDNESDAY, APRIL 13 last WEDNESDAY, APRIL 27 filing period begins day for: i) book pick-up 2) DISCOUNTED TUITION for JULY 1994 NY BAR EXAM THURSDAY, MAY 19 ny course begins at live location WEDNESDAY, MAY 25 ny course begins at tape locations FRIDAY, MAY 27 filing period ends for JULY 1994 NY BAR EXAM RAR RFVIFW buf-594 � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Opinion, 1994-02-22 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. Opinion Vol. 34 No. 11 Date Issued Date of formal issuance (e.g., publication) of the resource. 2/22/1994 Bibliographic Citation A bibliographic reference for the resource. Recommended practice is to include sufficient bibliographic detail to identify the resource as unambiguously as possible. 34 11 Publisher An entity responsible for making the resource available University of Buffalo State University of New York at Buffalo Law School Language A language of the resource eng Type The nature or genre of the resource Newspapers Text Is Part Of A related resource in which the described resource is physically or logically included. LIB-LAW003 Rights Information about rights held in and over the resource <a href="https://rightsstatements.org/page/CNE/1.0/">COPYRIGHT NOT EVALUATED</a>. The copyright and related rights status of this Item has not been evaluated. Please refer to the organization that has made the Item available for more information. You are free to use this Item in any way that is permitted by the copyright and related rights legislation that applies to your use. This digital collection is made available for research and educational purposes. Researchers are responsible for determining copyright status, and securing permissions for use and publication of any material. Copyright for items in this collection may be held by the creators, their heirs, or assigns. Researchers are required to obtain written permission from copyright holders and the University Archives prior to reproducing or publishing materials, including images and quotations. For inquiries about reproduction requests and permissions, please contact the <a href="http://library.buffalo.edu/archives/">University Archives</a>. If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/ff708e889262805d2f32b5d6051889e0.pdf a74f670515313f03176d66364df845f6 PDF Text Text Bringing ifwLowBlurbs to ilh'stuik titssim\ 1949 j Volume 34, No. 10 j THEOPINION STATE UNIVERSITY OF NEWYORKAT BUFFALO SCHOOL OF LAW February 14,1994 Musings onValentine's Day: A Valentine's Day Editorial (Hey, how could we let one issue go by without an editorial?!?) What isthe significanceofValentine's Day? Now, (hat's an interesting question. For many peopleannind the world, Valentine'sDayhasnosignificanceat all. Valentine's Day is named after St. Valentine, a Christian saint. So, it isreally a Christian holiday, although today it has been turned into a commercial event, similar to Halloween, which also started out as a Christian holiday. Anyway, the point is thatValentine's Day isnotaworldwide holiday-just like Thanksgivingis notaworldwide holiday. Valentine's Day is saidto have itsorigins in pagan timesand tliehoUdaywasprobably around longbeforeQiristianity. So, whetheryou look forward to it or dread its arrival, Valentine's Day in some form or another has beenaround a long time. What is thepurposeofValentine'sDay? Isit to giveyour loved one chocolateand flowers? Is it to stressyou out to try to figure out what giftyou should giveyour significant other? Is the point to make thosewho aren't in love feel lonely? Is it to increase the commercial profits of Hallmark and American Greetings? Well, whileall oftheabove may occur on Valentine's Day, that is not the main purpose oftliis holiday that those in love think isromanticand those who aren't eitherignore or hate. The purposeof (he holiday is to show thatyoucareaboutthosearoundyou. Thiscould take theform ofgiving your momaValentine'scardorjust making her dinner. Itcould taketheform ofreceiving a home-made Valentine fromyourkids. It couldtake the formofletting a good friend know that you are there ifthey need you. We have a suggestion for both the Valentine's Day lovers and haters out there. Do something to help others on this day that comes justonce a year. Instead ofgiving flowers or candy toyourwife/husband/boyfriend/girlfriend/lover/etc.,giveadonationin their honor to an organization that helps thehomeless, feedschildren in othercountries, plants trees, orsaves the animals. Be extra-special nice to somebody who you usually take for granted. Call your WhatValentine's Day Means to Me grandparents to say hello. by Dan Harris,iPhotoEditor Flowers will die. Chocolate will justadd inches to your waistthatyou will have to diet offlater. Cards will justend upclogging the garbage dump. However, ifyou do something that Paul Roalsvig,editorofour esteemednewspaper,asked meto write oneofmy infamous is more long lasting, not only will you feel good,but itmay help someone else. commentaries on the subject ofValentine's Day. That was a tough one. What is Valentine's And to everybody—students,faculty, staff, administration, everybody else outthere-HAPPYVALENTINE'SDAYfrom the staffof The Opinion. And to everybody who reads this, at leastyou received one valentine! Ode to the Lonely on Valentine's Day To the one that is separated from a love by a distance, And all memory oftogetherness fails to spanthe miles within your heart. To the one who has lost a love to the shadow of life, And thevault ofyourinindfeels barren by thepain that suchloveis neverto be shared again. Day? I believe that.themyth ofValentine's Day involves Cupid shooting people inthe butt withan arrow. The person hitwould thenromantically pursue thefirst person s/he saw. It'sa nice legend; but it doesn't hold today. If someone hit me in thebutt with an arrow I wouldn't go after the first man orwoman I saw; I'd go searching for the first attorney I saw to file a suit forassault and battery. I went from tliinking about tliemytlioftlieoriginsofValentine'sDay to tli inking about my first memories ofthe holiday. It was in grammar school. Thatwas back in the days when girls were our sworn enemies, and guys were justpals; thus all Valentine's Day cards were platonic. Tobe honest, I wasn't verypopular in grammar school. ButI enjoyed Valentine'sDay. On that day theteacher would make all thekids send each othernice Valentine's Day cards. It was terrific! One day a year all thekids, who would normally beat me up, wouldsend mecards that said they liked me. Beyond grammarschool,(lie teachers didn't makeus sendcards toeachother. Ho wever, despite being a dateless, lonely schnook, I wasn't cardless. My grandmother would send me Valentine's Day cards eachyear; and she had no romantic intentions. (At least I hope not.) After Grandma died, I still received platonic cards. These were from my friend Michelle. Trust me, these too were platonic. After Michelle and I were briefly involved romantically, she never sent anothercard. So, onthe spirit ofplatonic Valentine's Day celebrations, Ipropose that otherswhoare normally antagonistic do nice things for each other on Valentine's Day. Therefore, I am requesting that every member ofthelaw school faculty who has been named as a defendant in theBlum suit (which pretty muchaccounts for every memberofthe faculty) do sometliing nice for JeffBlum this Valentine's Day. Send him flowers, chocolate, food, clothing, etc. On a similar note, I also propose thatthe members ofthe SBA Executive Board also do something nicefor eachother. Saultan,youcould help MarcandPaul get thenames they need for theirpetitions. It'shard work badgering abunchofapathetic students into signing apetition. Pauland Marc, help Saultan fill out an application for a telephone calling card. Try MCI; their rates are pretty cheap. So thisyear, everyone, make this a special Valentine's Day. On Tuesday we can all to go back killing each other. Happy Valentine's Day Lisa and Nicole. To the one who has yet to find true love, And has searched the depths oftime, but has not embracedthe words "ILove You." To the one who has loved, And has recently felt thewounds oflove lost. To the one who is bound to another, And yet there is no love. Stay strong for the love you possess is within and is worthy of celebration. Saultan Stay strong for you are love -- HIGHLIGHTS **********special Valentine's Day issue!********** Editorials and Love Blurbs 2 More Love Blurbs 3-4 �Blurbs! Love flFj OPINION Volume 34, No. 10 Founded 1949 Editor-in-Chief: Managing Editor: Business Manager: News Editor: Feamres Editor: Layout Editor: February Alex, A.k.a. "Borisßadinoff": Youboilmy borscht! Love, Natasha (J.T.) 14> 1994 PaulH.Roalsvig Kevin P. Collins TOMMERCURE: You really lightmy firetoo! (andMORE!) -Your Furry Little Love Kitten. DAVID "RIGHT"? Lisa Nasiak Lisa, SharoiiNosenchuck Being betrothed doesn't mean forgetting Valentine's Day. Happy Valentine's Day my LOVE. Also, Happy 1 -yearanniversaryofour secular engagement. Without hesitation I'd ask you again... and in die sameplace. Your loving "husband"- Danny Peter Zummo EvanßaranofT Dan Harris KathyKorbuly StaffWriters: Saultan H. Baptiste and Paul Beyer Photographer: BenPierson Contributors: The love-sick law studentsatUB Photography Editor: ArtDirector: Hey Dawn... Thanks for lastnight. Love, Phil. TO THEFAB FIVE Need I saymore... X. UB Law Goes Love Crazy: The Love Blurbs Throughout this Issue Say it All: Happy Valentine's Day! With abs like that you can share my locker anytime. Love, Your Secret Admirer. DearUßLaw School, Thanks forsuch a poorexperience. - EDITORIAL Hey Dawn... Thanks for the night before. - Carolyn, Dawn + Tina Come up + see me sometime! JamesLynch, No, we can't justget along. Love, Oink Love, Phil. Dear Marc Urbanksi, Dear GeorgeKannar, Thanks, really, I mean it. Not! Love, Phil. Love, Phil. JimG. -1 miss getting all hotand sweaty with you in theafternoons. Love, Your Guy BarryI shouldbearested for whatI thinkaboutyou diose acts are stillillegal in NYS. Let's go to West Virginia! Your Secret Admirer. Dear Federalist Society: I love your new image: nonexistant. It'scool that you have no profile. Love, PhU. DearDeanBoy er, You're doing agreat job. Don't change any- deVivre; Planes, trains, and automobiles... what will thing. Yea,right! youdiinkofnext?! DearTax Program, DearTA.T.:-K.S. You look'mah-velous'! Are TOMYLATIN LOVER-NEXT TIME YOU youuiaHuny?(Shakeit!)-K.G.&C.U.Picture BRING ME CAKE. I WANT TO BE THE this: warm tropical breeze, pina coladas, and PLATE! LOUNGING inthosedeckchairs. -D.K.&B.M. PASSIONATELY YOURS, PRECIOUS. Thanks for deteriorating so quickly. - What didyou guys do to thatpoordog!?! You'reallawesome. Happy V-day! R.V. The best 1L question to date: Who is Regina, and why does she keep suing everybody?! Johnboy, me, C, and M wanttoknow ifyoucan giveusa grouprate? You lookpretty wellbuilt J, socio-legal dieorists like ourselves can reand we havecash. How'bout itbig boy? write contract It'snotdead. law. Encontrare c'est une joie de vivre nous sommes "the meaning ofcontracts.'' Downwith theFeds! Oh, sorry, you guysare already downand out. Love, PhU. Love, Phil. Robnoxious of brnitdtior>S'Jf ewpfcorl r U£C. 1 ftvlei y£ i^n $w Process! I - Copyright 1993. The Opinion.SBA. Anyreproduction ofmaterialshereinis strictly prohibitedwithouttheexpressconsentofthe Editors. The Opinionispublished every two weeks during theFallandSpring semesters. Itis thestudentnewspaper oftheStateUniversity ofNew York at Buffalo School ofLaw. The views expressed in thispaperare not necessarily those ofthe Editors or StaffofThe Opinion. The Opinionis a non-profit organization, thirdclass postage entered at Buffalo, NY. Editorial policy ofTheOpinion is determinedby theEditors. The Opinionisfunded by theSBA fromStudentLaw Fees. The Opinion welcomes letters to theeditorbut reserves theright to editfor length and libelouscontent. Letters longer thanthree typed doublespacedpageswillbeedited for length. Please do not put anything you wish printed under our office door. Submissions can besent viaCampus or UnitedStates Mail to The Opinion.SUNY AB Amherst Campus, 724 JohnLord O'BrianHall.Buffalo.NewYork 14260(716)645-2147 or placed in law schoolmailbox761. Deadlines for the semester are the Friday before publication. The ideas expressed in the"Letters to the Editor" and on the commentary pageare not necessarily endorsed by the Editorial Board ofThe Opinion. 2... The Opinion February 14,1994 Dear Jeanne Tlianks for moving in witli me, I dunk. Tomany wonderfulyears together. YourCohabitant. W= IfI could onlyread your mind. -X HEY JOHNBOV, I REALLY NEED YOUR SERVICESBUTI'M A LITTLESHORTON CASH. DO YOU DO " PRO-BONG-O" WORK? MISSGRAFTENBURG Dear Andrew F, You are a dreamboy by consensus, LGBLS. JACK BELL: You really light my fire. From Your Little Love Kitten. ' PAULANTONA-WHATEVER: When I hear you speak inclass I tremble with desire. If only you knew 1 existed. -Blondeand Lustful (R.K.) Roses are Red Violets are blistery without sucha wonderful support staff UB Law would be history! �The Roaming Photographer byBen Pierson, Photographer This Week's Question: "What Does Valentine's Day Mean to You?" Andrew Freedman, IL Darren Longo, IL "Nothing. AbsolutelyNothing." Emily Leach, IL ''Another $20 for Fanny Fanner.'' Will you join me for a golden shower on Valentine's Day? LarryW- Thanks for theresume help! Youmake mefeel like avigin touched forthe very first time! Love, Madonna. To my Housemates: Canwe say Grace? Can weat least say grace?? TO MO (the 2L) You are my Goddess!! WANNA TRY THE CAT (or shall I justtouch your forehead)? To KG: Dear Saultan: You are the greatest phone-sex lover ever! Love, Candice. I LOVE yourarticle!!! Ofcourse, I did. edit it. J.T. Dearest Zeus (mighty Zeus) Roses are red, violets are blue, get bent! Love, Phil. There is no competition -1 love you infinity! B'dßI'd like to get toknow you. Bear Boy er, Tlianks forawholebunchofnothing. Love, ChefBoy-R-Dee. Madam X. KarenSorry for my "remissness" witiithe camels. Been lousy you know. Happy V.D. TheCamelClub. mT- Hey Loser, Winner. - P.S. Where ismypreset? TMDK(G?)Q: Ha! Ha! Ha! Ha! Justwhenyouthoughtitwas ate,I guessthe importantpart to note wouldbe thatyou can NEVER escape. One down, one to go! "A day card companies made up to make money, but any day that celebrates love is ok with me." To the SBA (generally, and S.B. in particular): Don'titalways seem to gothatyou don'tknow what you'vegot 'til it'sgone? (They carpeted paradise and putit up on a Bookshelf). Hey Dawn inCDO, Tell me where you want to go wecouldride offtogether and no one will know... MOSITA,MOSTIA, MOSITA, MY LOVE REACHES OUT TO YOU ACROSSTHE APPALACHIANS - BEMLNE! -S.B. Steve Miller, IL ' 'Too busy toworryaboutit." - To the heirs ofJohnLord O'Brian: Couldn'tyouhaveattached more strings to the use of his name? Like the teaching ofLAW courses, for example. - Dave L So good luck with' 'the myth" next yearwith Hot Sniff. Disbeliever in the BB myth. - DEARHOLMESThis Valentine's Day is extra special, from today forwardyouareofficially a lawyer! You arevery special to me and I couldn't havemade itthrough this hellish law school experience withoutyour loveand emotionalsupport. I LOVE YOU VERY MUCH. -GRAPEHEAD. SIX You 're the woman ofmy dreams. Love, R. DearProfessor Marcus, Give yourland back to the Native Americans, pack your bags, and go back to imperialist - - - you but I'd like to. TWB: You'remy Today 'sMan and my Tomorrow's Man everthe Mighty Good Man. Always in my heart. - With Love, S.J. Dear Law School Administration, Thanks fortheQ's, tiieyreally mean so much. Love, Phil. DEARPHILGETALIFE!!! -An Adrmirer. Barbara, Thanks for those wonderful video sessions. Too bad we won'tbe doingitagain. Love,YourClass. Billy Bob loves Charlene. WOODS, UB LAW STUDENT BODY. To die cynical 1L: Roses areLudicrous, Violets are queer. Next time we're at Max Hart's Buy me a beer. ( X)N( iRATT JLATIONSONYOIJRBIGTIME JOB. I KNEW YOU COULD DO IT. BEST WISHES IN THE BIG CITY. SWEET PEA. Swifly, We'll always have Mulligan's! Love, Daisy. -Anon. To the Men ofLaw Review: Show usyou're (your)nuts! Dear Federalst Society, Goodjob,you'ye done so much! Love, Phil. SliF - Youasked for it you got it! -Joe. heyvlp-doesyoursmllemeanyou wantnginbuckley'sclass. -waiting for an answer. lv- Are you going to be my ski bunny? -Y. MMC: I have watched you foralooong, LOOOONG time. Perliapswe should combine assets... you know... a little fiscal discourse! I AWAIT YOURREPLY. In Financial Awe, Ph.D.-to-be. Katliy Korbuly. Dear "Sex Hero," a.k.a. "ZEUSS" Youmake me feel like a HOT SEX KTTEN! I LOVE BILL. Ode to the women Cyrcles [sic]: Oh! Be still my heart (Ithinklhavetofrt!) Oh, wait, there's NO EXIT. (Satre). likemetoo? i'llbe watching and Many Thanks, A.C. Europe. You may have fallen from grace, but we still P.S. Review haveyour -1 Bar Books ready for Love, Fred The Politically-Incorrect. love youyou, highlighted andall withany luck we HV,HP,M,JK. won'tbe studying together. Question: "What're-You-Doing-After-LawSchool?" TT:. Hey Dawn... Let's do it all over again. Anwer: "I'm going to Art School." I can't write anything crossand lustful about - To Professor Joyce: You'll take good care ofthe tax program wltile we'regone, right??? -Future Aumni(CASHISCASH) Love, Bruce. DearMarcus, I know wehave disagreed in diepast,but thanks for the D. I figured you would fail me for disagreeing. Love,C.K. Dear Diana, You have given me more joy and happiness tiian I haveeverthought possible. No matter what, I can only think of my life as being enrishedbyyou. Love always. Jimmy. - To the 4th floor secretaries I know wedon't always sayit, butjustwanted to thankyou forall your assistance. TheLaw School Students. To thebeautiful red head inCorporations+NY - Practice What happened to you wheredidyou go? -BM. - Dear School ofManagement, Why didn't I go to you instead oflaw school? Love.C.X. Dear "Dissenters" Sorry yourlivcs havebeen so rough. L< iye. theNon- Aligned. It'sa wholenew world... February 14,1994 The OpinionPage 3 3... �Blurbs! Love More Joi- Forget Vancouver, Cincinnati and Chicago -1 am right here in Buffalo and I can take you places you've never been. AH you have to do is open your eyes! HTC. - John, What it? Signed, A Not So SecretAdmirer. - TIGER: WHERE, LIKEA PILLOW ON A BED, A PREGNANT BANK SWELLED UP TO REST THEVIOLET'SRECLININGHEAD, To PFR- (NOTtheEditor-in-Chiefof theOpinion)-I wishyou could! 0 would!) .? To theAdministrativeAdviceBoard ofBJILThanks for all ofyour help during our virgin Dear Professor Marcus, Shotguns, rawhide, and the wild, wildWest. I love 'em. Love, C. Eastwood. edition. -The Board. SPOONKER. thosecops?) SARAH SWARTZMEYER -? DearLaw School Administration, Thanks for the well-rounded curriculum, I especially liked ConLaw 2. Love, AnUnliappy Student. Hey little pink thing- Isn't it about time you went out and met other little pink things? Signed,Two Blue Things. ToRob W. @ JF & M: When your February craziness subsides- Take the plunge!! (I'll be there!) Signed-T.S.A. To all oftheBJILeditors- You're thebest!kiss! kiss! S.S.-WhenyouslippedofTthat"peach"jacket, and revealedthemilky whitelovlinessofyour breasts, I couldn't help but...sputter. Canwetry again soon, please? Pleeze. -Infatuated by your fruit. - You're a cock from time to time You can' t deny Uiat' s true But even soyou have mylove I hope I haveyours 100. To Gretchen whohas seen 800 Woodchucks and the 3 Amigos twelve times; who loves Beastmaster movies and wants 10dogs. You may bethe wierdest person I have evermet, but I love you big time. Sven. JoeA.-rvealwaysfoundyouyoutobe,quite possibly, the sexiest man alive. -Lustful in Lackawaiuia P.M. -You sexy man -I'm glad I know thereal you-Happy Valentine's Day -LoveM.M. To the Amway King- lose 50 and I might be interested. ■'Daisy .TmcfaJty.Tmcrazyaboutyou.No, I'm crazy. IfI had listened to you- I'd be in "Swirry". "Ecstacy". - Mad Scietist,Tell me whichelement is miss-Blydner. ing in this chemistry. l o the Associates on Law Review: At least we're leaving you withan office that'sclean. Hope you're amore "well-oiled machine." Spanky, Spunky, Binkey, andDot. I hope you -You know who. get the help you need. TOP 10 REASONS FOR NOT SENDING VALENTINES IN LAW SCHOOL: 1)The Studmu fiin is already taken. 2)1 want to marry a doctor. 3) Can'tput them inundergrad boxes. 4) It's easier to ply them with beer. 5)D idn"tknow how- wasn't covered in R &W class. 6) Might be prohibited by new Ethics Code. 7)That's how Clarence Thomasgot started. 8)Towhom? 9) Headnotes are as close as we get to fooling around. 10) West Publishing doesn't do Valentine's cards. - hearts get "H"s. 7) Better chance for sex withvalentinesthan without. 6)That's how Clarence Thomas got started. 5) Creating good feelings makes networking easier. 4) Keeps the Opinion staffbusy. 3) Reading other people's valentines is obscenely fun. 2) Go ask Phil! 1)Appeals to the prurientinterest! To Evan: themeek shall inherit the Opinion. (You need toput REAL dairyproducts in your coffee). -Anon. To Butter- Without you I 'm justdried toast. de Vive: Marry me...youtoo can bea contesBride Contest...we'll have beautiful children together. -Loveya, Janus. tant in the Ugly To the "Potential Torts": Who the hell said we're poor losers? I'll fix their littlered wagons! Joi: Best of luck on the bar exam. Happy Valentine'sDay! -Fromall ofyours friends in the Law School. To the sexy labor law guru- Montreal would havebeenfun! To L.M.-Here'shopingyoupopoutofyour tight sweateroneofthesedays! Helpkeep UBLaw DearProfessorEwing, Thanks for being honest B:- Best of luck on the bar exam. Happy Love,C.K. growswheneverl see you. Love, a generous grader. HeyCiirls! President of the Mile High Club: Come fly away with me to Vancouver! -A "Satisfied" Member. Kevy Baby- You're gonnagetyours!kiss! kiss! Kate, Eyes that melt me, face that glows, and a body I wouldkill to cook bacon on. To my embarassment, my love grows & grows & tion,aQ-inimis. -Homy in Hoboken. K.fromS.S.-Iwill foreverthinkofyoueverytiine -P. I hearPassionate Kisses." Dear Urbanski, Greatjob withthe Feds, you white malesrock! Love, Phil. To all you chicks who blew me off: You're gonnabe sorry because someday I'm gonna have a red BMW convertible. -JeffG. Love.N. P.S.:The"H"issikntlikethe"K" 8) Students with romance in their about Researchand Writing. Hey Phil- Too much time on yourhands? Get a lifeand stop spanking it! Andreas-The morning dew may kiss the grassthe clock may kiss the hours that pass- the flowing wine may kiss the glass-andyou, my friend, may ...have a PC Valentine's Day. -El Barto. prison. Suzanne C. (2L)-My best friend for 7 yearsHappy Valentine'sDay! -Maureen. Dear ProfessorFinley.l give youaQ. Correc- -The Federalists. TOP 10 REASONS FOR SENDINGVALENTINES INLAW SCHOOL: 1 0)Putsoflfsnidying foryetanother day. 9) Beats sending valentines in School Beautiful! To the love ofmy life, Leah, my wife, you don'tsee me much anymore. Just a few more hard years, 0f strugglesand tears, and we won' t be pooranymore. So justhang on tight, kiss the children goodnight, 1 love you more than ever before! Love, Harvey. Hey T.S.- Hair up or hair down, you're awesome...and you speak welltoo! -Co-Counsel. inknife! -Seeyou soon!, Beau. Attention,Attention! All hotclucks! JeffG. is still available. Last chance. First come, first serve (Ha ha, I said' 'come) -JeffG. BE MY VALENTINE? - here. Johnßoy, I justheard thegood news. Is it true you can make me see Godjustforthe price of a dinner? To: Bonito, my oneand only love, I love you! -M Ineedyou! Iwantyou! Nooow! P.S. "Letme lick youup and down." -Love, Munequita. DearLaw School, an employeronceasked me, ToArthur E.- I'm going to miss you! You've ' 'Howcome UBLaw School is so arrogant that been a real good friend. Please stay sweet, they believe they can make up their owngradloving, and kind. HeyGripper! Gripon...Gripoff...thegripper! ing system?" Love always, Trini. -Your Gripper Friends. Love, an unemployedgraduate. -Someonewlio wishes she wasFREE. H Happy Valentine's Day, you littledevil. To the hotblonde in 320:1 think I diedand went toheaven. And to think I almostpicked Yale... I anxiously look forward to my next 3 years Goodmorning, sunlight Kevin WI saw you bare-chested on a front porch on Hodge Aye lastsummer (you didn't seeme). So did the guy jump (what WAS the deal with YesIndeedie.You'remy sweetie! -Stinkman. Hey Heather! Areyou stillcraving thatbag of My gooby-headed lover! It'salways "cocktail M&Ms? Yikes! hour" when you're around! -Ouch! -Your man. SATWETWO.ONEANOTHER'SBEST. XOXO Dear ProfessorBlum, Ihopeyouwin,bigtime. -Love, Chefßoy-R-Dee. Valentine'sDay! -Fromyour secretadmirer. Hey Helen P:-Nice Artichokes! Happy YD. -Your seventh floor neighbors. Dearest Pita, Lastyear on this page I told you all that I felt. Now.Everythinghaschanged. Except how I feel. TMD-Love cameone day without a warningwill you be mine on an August morning? -A. I'veKnown. I've touched. Imourn. ToBarb in tneCopy Center- Thanks for such greatservice. XXOXOXX -The Law School. I love you. Popi- BesameMucho! Are you stay ing clear ofthe microwave? Wanted: Distinguished, well-establishedolder judgewith heart problems who wants to push the limitsofecstacy, for brief, but meaningful marriage. Submit financial info to T.G. AKV-Willi you by my side, everyday isasunny day. Will you be my mountain woman? -Sleepless in O'Brian Q:Aboveand beyond sex, whatare men looking for? A: a cold beer (NB: at least "sports" didn't nose into2nd place). l)ear"Zuess"-Yousuck!Hehehehehuh,um hehe. Happy Valentine'sday. ''Beav isand 1iutthead.'' Vipan, We've tried being friends, can we be more? -A goodFriend. (j Be safe, use condoms! February 14,1994 The Opinion JJ 4 � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Opinion, 1994-02-14 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. Opinion Vol. 34 No. 10 Date Issued Date of formal issuance (e.g., publication) of the resource. 2/14/1994 Bibliographic Citation A bibliographic reference for the resource. Recommended practice is to include sufficient bibliographic detail to identify the resource as unambiguously as possible. 34 10 Publisher An entity responsible for making the resource available University of Buffalo State University of New York at Buffalo Law School Language A language of the resource eng Type The nature or genre of the resource Newspapers Text Is Part Of A related resource in which the described resource is physically or logically included. LIB-LAW003 Rights Information about rights held in and over the resource <a href="https://rightsstatements.org/page/CNE/1.0/">COPYRIGHT NOT EVALUATED</a>. The copyright and related rights status of this Item has not been evaluated. Please refer to the organization that has made the Item available for more information. You are free to use this Item in any way that is permitted by the copyright and related rights legislation that applies to your use. This digital collection is made available for research and educational purposes. Researchers are responsible for determining copyright status, and securing permissions for use and publication of any material. Copyright for items in this collection may be held by the creators, their heirs, or assigns. Researchers are required to obtain written permission from copyright holders and the University Archives prior to reproducing or publishing materials, including images and quotations. For inquiries about reproduction requests and permissions, please contact the <a href="http://library.buffalo.edu/archives/">University Archives</a>. If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern.